# Oneida Business Committee (2025)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A73dd96ba48ba1261

## Record

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

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

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

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
April 2, 2025
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. March 5, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Oneida Nation Law Enforcement Ordinance Amendments (pg. 4)

IV.

New Submissions
1. General Tribal Council Meeting Stipend Payment Policy Amendments (pg. 30)

V.

Additions

VI.

Administrative Updates
1. One Year Review of the Drug and Alcohol Free Workplace Law Amendments (pg. 39)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

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

r'\

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
March 5, 2025
9:00 a.m.
Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill
Excused: Marlon Skenandore
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: Barbara Webster, Chad Fuss, Eric Boulanger, Janice
Decorah, Rae Skenandore, Sarah White, Tavia James-Charles, Peggy Helm-Quest, Trina Schuyler,
David P. Jordan, Fawn Billie, Fawn Cottrell, Kristal Hill, Mark Powless, Matthew Denny, Ralinda
Ninham-Lamberies
I.

Call to Order and Approval of the Agenda
Jameson Wilson called the March 5, 2025, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried
unanimously.

II.

Minutes to be Approved
1. February 19, 2025 LOC Meeting Minutes
Motion by Jonas Hill to approve the February 19, 2025 LOC meeting minutes and forward
to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried
unanimously.

III.

Current Business
1. Sanctions and Penalties Law
Motion by Jennifer Wester to approve the updated draft and legislative analysis; seconded
by Kirby Metoxen. Motion carried unanimously.
Motion by Jonas Hill to approve the Legislative Operating Committee Sanctions and
Penalties law community work session notice, and schedule a community work session to
occur on April 2, 2025; seconded by Kirby Metoxen. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of March 5, 2025
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IV.

New Submissions
1. Oneida General Welfare Law Amendments
Motion by Kirby Metoxen to deny the request to add the Oneida General Welfare law
amendments to the Active Files List, and direct the Legislative Reference Office send a
memo to the Nation’s Child Support Department and request additional data for other
potential legislative issues, including the Child Support law; seconded by Jonas Hill.
Motion carried unanimously.

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn
Motion by Jonas Hill to adjourn at 9:22 a.m.; seconded by Kirby Metoxen. Motion carried
unanimously.

Legislative Operating Committee Meeting Minutes of March 5, 2025
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee
April 2, 2025

Oneida Nation Law Enforcement
Ordinance Amendments
Submission Date: 9/17/14
LOC Sponsor: Jonas Hill

Public Meeting: 3/14/25
Emergency Enacted: n/a

Summary: This item was carried over from the previous three terms. The item was originally
added to the Active Files List per the request of the Oneida Police Department and the Oneida
Law Office that clarification be added to the law regarding whether the Nation’s Conservation
wardens qualify as sworn officers.
9/17/14 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments –
Conservation Officers to the Active Files List; seconded by Tehassi Hill. Motion carried
unanimously. Note: Tehassi Hill will be the sponsor for this item.
10/10/16:

Quarterly Sponsor Update Meeting held. Present: Tehassi Hill, Maureen Perkins, Tani
Thurner, Clorissa Santiago, Krystal John. No new updates.

9/6/17 LOC:

Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments –
Conservation Officers to the active files list with Ernie Stevens III as the sponsor; seconded
by Daniel Guzman King. Motion carried unanimously.

11/1/17 LOC: Motion by Kirby Metoxen approve the 60-day active files list update and continue
development of all the items on the active files list; seconded by Ernie Stevens III. Motion
carried unanimously.
10/7/20 LOC: Motion by Kirby Metoxen to add the Law Enforcement Ordinance Amendments to the
Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King.
Motion carried unanimously.
12/09/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kristal Hill,
Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC
review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes
of efficiency, amendments to the Ordinance should be developed and adopted simultaneous
with the ONGO amendments; specifically, as they relate to the transition of the Security
Department (as set forth in ONGO) from under the Oneida Police Department to under a
Public Safety Commission, which will be created through re-establishment of the Oneida
Police Commission via amendments to this Ordinance. The next step is for the drafting
attorney to meet with the heads of the Police Department and Conservation Department to
discuss the aforementioned transition.

Page 1 of 4

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

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12/15/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer
Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a
work meeting held through Microsoft Teams. The purpose of the meeting was to discuss the
meeting scheduled for December 21, 2021 with the heads of the Oneida Police Department
and Conservation Department to discuss the transition of the Conservation Department from
under the Police Department to under a re-established Oneida Police Commission to be
renamed the Public Safety Commission.

12/21/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Joel Maxam,
Eric Boulanger, Shad Webster, Terry Metoxen, Nicole Rommel, Kristal Hill, Rhiannon
Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through
Microsoft Teams. The purpose of the meeting was to discuss amendments to the Oneida
Law Enforcement Ordinance as they relate to the oversight of the Conservation Department.
The next step is for the Police Department and Conservation Department to forward their
policies/ protocols to the LRO so that it may review them in anticipation of discussing the
issue in more depth with the LOC.

1/28/22:

Work Meeting. Present: Richard VanBoxtel, Jeanette Ninham, Kristen Hooker, Carmen
Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the
meeting was to hear from members of the Oneida Police Commission in regards to the
proposal to reorganize the Commission, as well as the Conservation Department, in a
manner that better suits the Nation and its members.

6/23/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Clorissa N.
Santiago, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. This was a work
meeting held through Microsoft Teams. The purpose of the meeting was to clarify some
drafting questions to provide greater direction as to the drafting of potential amendments to
the Law.

7/6/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N.
Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Eric Boulanger, Joel Maxam. Terry
Metoxen, Kelly McAndrews. This was a work meeting held through Microsoft Teams. The
purpose of the meeting was to begin discussing potential amendments to the Law.

8/3/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Rhiannon Metoxen.
This was a work meeting held through Microsoft Teams. The purpose of the meeting was to
discuss an e-mail received from Attorney Kelly McAndrews providing that the Oneida Law
Office and Oneida Police Department no longer support the creation of a Public Safety
Commission that would oversee the Security Department in addition to the Police
Department.

9/19/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Jennifer
Webster, Clorissa N. Santiago, Carolyn Salutz, Kristal Hill, Eric Boulanger, Joel Maxam,
Richard VanBoxtel, Kelly McAndrews, Katsitsiyo Danforth. This was a work meeting held
through Microsoft Teams. The purpose of the meeting was to discuss a memorandum from
OPD, Law Office, and Security regarding some concerns with including Security within the
Law Enforcement Ordinance, as well as additional areas within the Law Enforcement
Ordinance that will need amending.

9/21/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman
King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Rhiannon Metoxen, Grace
fire.the meeting
A strongof
heart.
A good
A good mind.
Elliott. This was a work meeting held through Microsoft
Teams.
The
purpose

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was to follow up on the September 19, 2022, work meeting and make a final determination
as to whether to move forward with the development of the Public Safety Commission.
10/3/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman
King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill,
Katsitsiyo Danforth, Louise Cornelius. This was a work meeting held through Microsoft
Teams. The purpose of the meeting was to discuss with the Gaming General Manager,
Gaming maintaining some responsibilities over the Security Department even after it moves
to under the Public Safety Commission.

10/4/23 LOC: Motion by Jennifer Webster to add the Law Enforcement Ordinance Amendments to the
Active Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried
unanimously.
3/6/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon
Skenandore, Jonas Hill, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam,
Brandon Vandehei, Maureen Perkins, Kristal Hill. The purpose of this work meeting was to
review the Oneida Nation Law Enforcement Ordinance and discuss potential amendments.

3/28/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby
Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Grace Elliott, Carolyn Salutz. The
purpose of this work meeting was to discuss the removal of “sergeant” from section 301.53(d) of the law.

4/19/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore,
Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Dan
Skenandore, Fawn Cottrell, Katsitsiyo Danforth, Maureen Perkins. The purpose of this work
meeting was to review the updated draft of the proposed amendments to the Oneida Nation
Law Enforcement Ordinance.

6/7/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen,
Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Brandon Vandehei, Richard
VanBoxtel, Katsitsiyo Danforth, Carolyn Salutz, Kristal Hill, Maureen Perkins. The purpose
of this work meeting was to review the updated draft of the proposed amendments to the
Oneida Nation Law Enforcement Ordinance, and specifically obtain the input of the Oneida
Police Commission.

7/26/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,
Maureen Perkins, Richard VanBoxtel, Eric Boulanger. The purpose of this work meeting was
to review some final topics in the Oneida Law Enforcement Ordinance draft – particularly
looking at section 301.6-4 so we can have some discussion on what responsibilities the
Commission should have over the Department so it best reflects current practice.

9/4/24 LOC:

Motion by Jonas Hill to approve the draft of the proposed amendments to the Oneida Law
Enforcement Ordinance and direct that a legislative analysis be completed; seconded by
Kirby Metoxen. Motion carried unanimously.

9/4/24:

OBC Officers Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Lisa Liggins,
Lisa Summers, Lawrence Barton, Danelle White, Tehassi Hill, Brandon Yellowbird-Stevens.
Members of the LOC were called into the OBC Officers’ meeting to discuss the progress of
the Oneida Law Enforcement Ordinance amendments and the future placement of the Internal
Security Department. Some Officers expressed concern with placing the Internal Security
Department under the future Oneida Public Safety and Security Commission and asked for
A good mind. A good heart. A strong fire.

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reconsideration of the idea to place the Internal Security Department under the Gaming
General Manager. The LOC provided they would take this into consideration.
9/4/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen
Perkins, Fawn Billie. The purpose of this work session was to consider the request made from
the OBC Officers. LOC decided to hold one more work session with the larger work group to
consider the Officers’ request for reconsideration of the placement of the Internal Security
Department under the Gaming General Manager.

10/8/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon
Skenandore, Clorissa Leeman, Eric Boulanger, Joel Maxam, Kristal Hill, Maureen Perkins,
Reynold Danforth, Katsitsiyo Danforth, Mark Powless, Jeremy King, Fawn Cottrell,
Michelle Braaten. The purpose of this work meeting was to have one final discussion on the
placement of the Internal Security Department with the broader work team before the draft of
the proposed amendments to the Oneida Law Enforcement Ordinance continues moving
through the legislative process.

10/9/24:

Phone Call. Present: Clorissa Leeman, Kelly McAndrews. The purpose of this phone call was
to collect Attorney Kelly McAndrew’s insight on the placement of the Internal Security
Department, since she was unable to attend the work meeting yesterday.

10/18/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Grace Elliott, Kristal
Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to
discuss the placement of the Internal Security Department after the information collected
during out last work meeting.

10/24/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Grace
Elliott, Carolyn Salutz, Maureen Perkins, Kristal Hill, Fawn Cottrell. The purpose of this
work meeting was to discuss and make a decision as to where the Internal Security
Department should be placed within the organization, and if any changes to the proposed
amendments to the law need to be developed.

1/15/25 LOC: Motion by Jonas Hill to approve the updated draft and legislative analysis for the Oneida
Nation Law Enforcement Ordinance amendments; seconded by Marlon Skenandore. Motion
carried unanimously.
2/5/25 LOC:

Motion by Jonas Hill to approve the public meeting packet for the amendments to the Oneida
Nation Law Enforcement Ordinance and forward to a public meeting to be held on March 14,
2025; seconded by Marlon Skenandore. Motion carried unanimously.

3/14/25:

Public Meeting Held. Present: Marlon Skenadore, Clorissa Leeman, Grace Elliott, Carolyn
Salutz, Jason King, Katsitsiyo Danforth, Kimberly Skenandore Goodrich, Kristal Hill, Hon.
Patricia Hoeft, Shannon Stone, Stephanie Smith, Brittany Smith, Sky Gonzalez, Mary Ann
Peters. One (1) person provided oral comments during this public meeting.

3/21/25:

Public Comment Period Closed. No individuals provided written comments during this
public comment period.

Next Steps:


Accept the public comments and the public comment review memorandum and defer to a work
meeting for further consideration.
A good mind. A good heart. A strong fire.

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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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=DODDDD=

ONEIDA

Legislative Operating Committee (LOC)
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
April 2, 2025
Oneida Nation Law Enforcement Ordinance Amendments: Public Comment
Review

On March 14, 2025, a public meeting was held regarding the proposed amendments to the Oneida
Nation Law Enforcement Ordinance. One (1) person made oral comments during the public
meeting. The public comment period was then held open until March 21, 2025. No submissions
of written comments were received during the public comment period. This memorandum is
submitted as a review of the comments received during the public meeting. The public meeting
draft and public meeting transcript are attached to this memorandum for review.
Comment 1 – Clarification on Safety:
301.6. Oneida Public Safety and Security Commission
301.6-1. Establishment. There is hereby established an Oneida Public Safety and Security
Commission to provide oversight regarding the activities and actions of public safety and
security operations throughout the Reservation to provide the greatest possible professional
services to the Nation and to allow for community input regarding those public safety and
security services through its representatives on the Oneida Public Safety and Security
Commission. The Oneida Public Safety and Security Commission is an oversight body of the
following departments of the Nation, but its oversight authority does not involve decision
making processes on day-to-day activities of those public safety services:
(a) Oneida Police Department;
(b) Internal Security Department; and
(c) Any other safety operation department of the Nation as identified in the bylaws
of the Oneida Public Safety and Security Commission.
Shannon Stone (oral): Hello, my name is Shannon Stone. I'm the Public Works Director, and the
law that I'm inquiring about is the Oneida Public Safety and Security Commission law. The, the
part that I was curious about is where it says that they will be overseeing all safety and security
departments of the Nation. I'm not sure how that's being interpreted, because safety is such a broad
topic. It could, is that intended to reach into the operations or is this primarily just for public safety?
…
But I did submit an e-mail awhile back, but I think my main concern is that public safety and safety
within operations are really two (2) different areas of concern and they have different skill sets that
would be involved in in those. Knowledge of the law with regard to the public and knowledge of
law within a working environment are quite different. And so to have a, one and this is why we
have OSHA and we have other labor boards and such within the federal government. And so I
guess my concern would be that we define that a little bit more clearly. So that there's
understanding, especially within the organization, how this oversight committee would impact the
organization's operations. That would be my comment.

Page 1 of 2

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…
Um. Not at this time. You know, we we do have a Safety law in in I I think for for organizational
purposes. Ah that safety law works pretty well for us, but I think that's what I would refer to for
safety within the organization.
Response
The commenter suggests that section 301.6-1 of the proposed amendments to the Oneida Nation
Law Enforcement Ordinance be better clarified to differentiate between “public safety” and
“operational or occupational safety.”
The proposed amendments to the Oneida Nation Law Enforcement Ordinance establish an Oneida
Public Safety and Security Commission to provide oversight regarding the activities and actions
of public safety and security operations throughout the Reservation. [3 O.C. 301.6-1]. The Law
then goes on to state that the Oneida Public Safety and Security Commission is an oversight body
of the following departments of the Nation, but its oversight authority does not involve decision
making processes on day-to-day activities of those public safety services: Oneida Police
Department; Internal Security Department; and any other safety operation department of the
Nation as identified in the bylaws of the Oneida Public Safety and Security Commission. [3 O.C.
301.6-1(a)-(c)].
In an effort to clarify the application of section 301.6-1(c) of the Law, the following revision is
recommended:
301.6. Oneida Public Safety and Security Commission
301.6-1. Establishment. There is hereby established an Oneida Public Safety and Security
Commission to provide oversight regarding the activities and actions of public safety and security
operations throughout the Reservation to provide the greatest possible professional services to the
Nation and to allow for community input regarding those public safety and security services
through its representatives on the Oneida Public Safety and Security Commission. The Oneida
Public Safety and Security Commission is an oversight body of the following departments of the
Nation, but its oversight authority does not involve decision making processes on day-to-day
activities of those public safety services:
(a) Oneida Police Department;
(b) Internal Security Department; and
(c) Any other department of the Nation that focuses its operation on public safety operation
department of the Nation as identified in the bylaws of the Oneida Public Safety and
Security Commission.
LOC Consideration

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

GODOOO

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE
PUBLIC MEETING
Oneida Nation Law Enforcement Ordinance Amendments
and
Landlord Tenant Law Amendments
Norbert Hill Center Business Committee Conference Room and Microsoft Teams
March 14, 2025
12:15 p.m.
Present: Marlon Skenadore, Clorissa Leeman, Grace Elliott
Present on Microsoft Teams: Carolyn Salutz, Jason King, Katsitsiyo Danforth, Kimberly
Skenandore Goodrich, Kristal Hill, Hon. Patricia Hoeft, Shannon Stone, Stephanie Smith, Brittany
Smith, Sky Gonzalez, Mary Ann Peters
Marlon Skenandore: Good Afternoon, the time is 12:15 p.m. and today’s date is Friday, March
14, 2025. I will now call to order the public meeting for the proposed amendments to the Oneida
Nation Law Enforcement Ordinance Amendments and the Landlord Tenant Law Amendments.
The Legislative Operating Committee is hosting this public meeting to gather feedback from the
community regarding these legislative proposals. The public meeting is not a question and answer
period. The LOC will review and consider all comments received during the public comment
period. The LOC will respond to all comments received in a memorandum, which will be
submitted in the meeting materials of a future LOC meeting.
All persons who wish to present oral testimony in person need to register on the sign in sheet.
Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and
you will be called on. If you leave an email address on the sign in sheet we can ensure you receive
a copy of the public comment review memorandum.
Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the
Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided
on the public meeting notice. These comments must be received by close of business on Friday,
March 21, 2025.
In attendance from the LOC is myself. The LOC may impose a time limit for all speakers pursuant
to section 109.8-3(c) of the Legislative Procedures Act. As the presiding LOC member, I am
imposing a time limit of five (5) minutes per person. This time limit shall be applied equally to all
persons.
A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of March 14, 2025
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We will now begin today’s public meeting for the proposed amendments to both the Oneida Nation
Law Enforcement Ordinance Amendments and the Landlord Tenant Law Amendments.
The purpose of the Oneida Nation Law Enforcement Ordinance is to regulate the conduct of the
Nation’s law enforcement personnel according to the highest professional standards. The Oneida
Nation Law Enforcement Ordinance amendments:









Change what positions in the Oneida Police Department are required to be held by enrolled
members of the Nation.
Allow for the sworn oath of a law enforcement officer to take place at a special Oneida Business
Committee meeting, or at an alternative time and location as determined by the Oneida Business
Committee Secretary, in addition to at a regular Oneida Business Committee meeting.
Expand the Oneida Police Commission into the Oneida Public Safety and Security Commission,
which will oversee the Internal Security Department and any other safety operation department of
the Nation, in addition to the Oneida Police Department.
Revise the eligibility qualifications and responsibilities for Oneida Public Safety and Security
Commission members.
Update the disciplinary proceedings for law enforcement officers.
And make other drafting change to the law.

The purpose of the Landlord-Tenant Law Amendments is to provide mechanisms for protecting
the rights of the landlords and tenants on all land owned by the Nation or members of the Nation
within the Reservation boundaries. The Landlord Tenant Law amendments will:







Extend the application of the law to all landlords and tenants on land owned by the Nation or
members of the Nations.
Provide that when the Nation is acting in its capacity as the landlord, and the property has become
untenable due to damage by fire, water or other casualty, or because of any condition hazardous to
health, the Nation will provide the tenant with alternative housing if it is reasonably available.
Extend the legal protections provided to a child of a tenant to any child of the household.
Eliminate the Land Commission’s rulemaking authority under the Landlord Tenant Law.
Eliminate all rulemaking authority over applicant selection and the issuance of rental agreements.

Those who wish to speak, please raise your hand. Please state your name when making a comment
and which law you are commenting on.
We currently don't have any hands up or anybody in the room. I got a hand up.
Shannon Stone: Hello, my name is Shannon Stone. I'm the Public Works Director, and the law
that I'm inquiring about is the Oneida Public Safety and Security Commission law. The, the part
that I was curious about is where it says that they will be overseeing all safety and security
departments of the Nation. I'm not sure how that's being interpreted, because safety is such a broad
topic. It could, is that intended to reach into the operations or is this primarily just for public safety?
A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of March 14, 2025
Page 2 of 3

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Marlon Skenandore: Well, we usually don't answer questions. It's more or less the basing
comments off the law that you see and that way we can take it into. So, I would advise to possibly
look into some of the amendments that are being changed and then you still have time to written
comments there, Shannon.
Shannon Stone: But I did submit an e-mail awhile back, but I think my main concern is that public
safety and safety within operations are really two (2) different areas of concern and they have
different skill sets that would be involved in in those. Knowledge of the law with regard to the
public and knowledge of law within a working environment are quite different. And so to have a,
one and this is why we have OSHA and we have other labor boards and such within the federal
government. And so I guess my concern would be that we define that a little bit more clearly. So
that there's understanding, especially within the organization, how this oversight committee would
impact the organization's operations. That would be my comment.
Marlon Skenandore: Thank you for that, Shannon. You got any other points you'd like to bring
up?
Shannon Stone: Um. Not at this time. You know, we we do have a Safety law in in I I think for
for organizational purposes. Ah that safety law works pretty well for us, but I think that's what I
would refer to for safety within the organization.
Marlon Skenandore: Okay. All right. Thank you for your comments. Anybody else online on
teams that would like to comment on the two (2) laws that we have here? We're gonna wait a
couple more minutes in case somebody shows up late or has a late comment online.
All right. We currently have nobody in person. I'm gonna make one last call here to anybody online
that would like to comment on either one of these laws. Okay.
With being no more speakers, public meeting for the proposed amendments to the Oneida Nation
Law Enforcement Ordinance amendments and the landlord Tenant Law amendments is now closed
at 12:26 p.m. This is a last note, written comments may be submitted until close of business on
Friday, March 21, 2025.
Thank you all for joining and you have a good, good weekend.
-End of Meeting-

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

LOC Public Meeting Transcript of March 14, 2025
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Title 3. Health and Public Safety – Chapter 301
ONEIDA NATION LAW ENFORCEMENT ORDINANCE
Shakotiye=n@s Olihw@ke

The Matters of Those Who Protect Us
LAW ENFORCEMENT


301.1-1 Purpose and Policy
301.2-1 Adoption, Amendment, Repeal
301.3-1 Definitions
301.4-1 General Principles
301.5-1 Oneida Police Department
301.6-1 Oneida PolicePublic Safety and Security Commission

301.7-1
301.8-1
301.9-1
301.10-1
301.11-1

Appointment of Law Enforcement Officers
Promotion of Law Enforcement Officers
Disciplinary Proceedings
Administrative Leave
Firearms Control





301.1.
Purpose and Policy
301.1-1. Purpose.
The purpose of this ordinancelaw is to regulate the conduct of the Oneida
Tribe of Indians of WisconsinNation’s law enforcement personnel according to the highest
professional standards.
301.1-2. Policy. It is the policy of the Nation to ensure that law enforcement personnel operate at
the highest level of professional standards to ensure the safety and welfare of the community.
301.2.
Adoption, Amendment, Repeal
301.2-1.
This law iswas adopted by the Oneida Business Committee by resolution BC
Resolution -10-10-01-C and amended by resolution BC-02-25-15-C. and BC-__-__-__-__.
301.2-2.
This law may be amended pursuant to the procedures set out in the Oneida
Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
301.2-3.
Should a provision of this law or the application there of 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.
301.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this policy.
301.2-4. 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.
301.2-5.
This ordinance shall be known aslaw is adopted under authority of the Constitution of
the Oneida Law Enforcement OrdinanceNation.
301.3.
Definitions
301.3-1.
This section shall govern the definitions of words asand phrases as used herein.within
this law. All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Certified Law Enforcement Officer shall meanlaw enforcement officer” means a
sworn officer who meets all qualifications for law enforcement officer, including accepted
professional training and experience, State of Wisconsin Certification or eligibility for
Certification which includes but is not limited to, satisfactory background investigation,
psychological evaluation, drug testing, and police firearms certification.
(b) Police Supervisors are defined as “Commissioner” shall mean a member of the Oneida
Public Safety and Security Commission.

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(c) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17.
(d) “Nation” means the Oneida Nation.
(e) “Non-sworn personnel” means an individual employed with the Oneida Police
Department that does not meet the qualifications for a certified law enforcement officers
who hold the rank of Sergeant or aboveofficer.
(c) Non-sworn Personnel shall mean those persons who perform duties for the f)
“Oneida Police Department as directed by the Police Chief or designee.
(d) Oneida PolicePublic Safety and Security Commission shall refer to” means the entity
made up of those individuals appointed by the Oneida Business Committee to serve in the
capacity of insuring that community input is maintainedprovide oversight regarding the
activities and actions of public safety and security operations throughout the Reservation.
(g) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant
or above.
(h) “Reservation” means all land within the Oneida Police Department by means of policy
review and enforcementexterior boundaries of the Reservation of the Oneida Nation, as
created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added
thereto pursuant to federal law.
(e) Commissioner shall mean a member of the Oneida Police Commission.
(f) Oneida Tribe means the Oneida Tribe of Indians of Wisconsin.
(g) Judiciary means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Tribe.
301.4.
General Principles.
301.4-1.
All law enforcement operations of the Nation shall be conducted in accordance with
this law.
301.4-2. Law enforcement operations shall take place on and within Oneidathe Reservation,
unless:
(a) there is a potential that the safety and welfare of an individual is being compromised.
In addition,;
(b) the law enforcement operations may take placeoccur pursuant to mutual aid agreements
with local governments.; or
(c) the301.4-2.
All law enforcement operations shall be conducted as set forth in
this ordinanceoccur pursuant to any other jurisdictional exception.
301.4-3.
Law enforcement operations shall be used primarily for the purposes of providing law
enforcement within the Oneida CommunityNation and to supplementprovide mutual assistance or
aid to external law enforcement services offered by local governments within the Oneida
Communitycommunity by powers set forth in section 301.4, of this law, Article IV section 1(f) of
the Constitution and By-Laws of the Oneida Tribe of Indians of WisconsinNation, and as set forth
in compacts and agreements authorized by the Oneida Business Committee or General Tribal
Council.
301.4-4. The Oneida Tribe of Indians of Wisconsin The Nation shall appoint and employ law
enforcement personnel within its boundaries as it deems necessary for the purpose of detecting

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and preventing crime and enforcing the laws and ordinances of the Oneida TribeNation, in addition
to protection of persons, property, and premises.
301.4-5.
The Oneida Police Department may, as authorized and delegated by this
Ordinancelaw and the Oneida Business Committee or General Tribal Council, enter into crossdeputization and other law enforcement agreements with other jurisdictions.
301.4-6. The Oneida Police Department may allow law enforcement use of service firearms in
order to protect life, liberty, property, land and premises, according to the usual and minimum
accepted law enforcement standards as determined by the Police Chief with approval of the Oneida
Police Commission. However, actual use of deadly force shall be allowed solely for the protection
of life or the prevention of grievous bodily harm.
301.4-7. A Police Commission is established by this Ordinance to provide oversight regarding
the activities and actions of the law enforcement operations to provide the greatest possible
professional services to the Oneida community and to allow for community input regarding those
law enforcement services through its representatives on the Police Commission. This entity is
created as an oversight body and does not involve decision making processes on day to day
activities of those law enforcement services.
301.5.
Oneida Police Department
301.5-1.
There is hereby established an Oneida Police Department, to which is delegated all
law enforcement authority of the Oneida TribeNation. The Oneida Police Department may create
divisions of operation as may be deemed appropriate.
(a) Oneida Police Department Position Restrictions. All positions and appointments of
the Oneida Police Department shall be subject to Indian preference in hiring, except that
the following positions shall be held only by members of the Nation:
(1) Police Chief. The ;
(2) Assistant Police Chief; and
(3) Police Lieutenant.
301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,
appointed pursuant to Section 6-5 of this Ordinancelaw.
(ba) The Police Chief shall have authority over departmental personnel and operations,
subject to the powers of the Oneida Police Commission set forth in Section 301.6-1 of this
Ordinance.
(c) In addition to such divisions as are specified in this Ordinance the Oneida Police
Department may create divisions of operation as may be deemed appropriate.
(d) The Police Chief or his/her designee shall have the right to exercise his/her police
authority to deputize and use the services and manpower of the Oneida Public Safety and
Security Department for emergencies, special events, and investigationsCommission.
301.5-2.
Conservation Department. There(b) Qualifications and Process for
Appointment as Police Chief.
(1) The recruitment and hiring process for Police Chief shall be a Conservation
Department which is a division of conducted by the Oneida Police Department.
This divisionPublic Safety and Security Commission, with assistance, as needed,
by the Human Resources Department.
(2) No person shall be responsible for the protectionaccepted as a candidate or be
eligible to serve as Police Chief who does not meet the following qualifications:
(A) Current certification in the State of Wisconsin as a law enforcement

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officer or upon approval from the applicable State of all fish resources,
wildlife resources, and the landsWisconsin Standards Board;
(B) Member of the Nation;
(C) A minimum of five (5) years creditable service as a sworn law
enforcement officer for a state. tribal, local, or federal government, with
preference for:
(i) those who have at least an associate degree in police science,
criminal justice or similar field, or a bachelor’s degree in a related
subject; and
(ii) those with successful supervisory experience;
(D) Current satisfactory background investigation completed by a law
enforcement agency selected by the Oneida TribePublic Safety and Security
Commission with results of the investigation reported directly to the Oneida
Public Safety and Security Commission;
(E) Current satisfactory psychological examination report;
(F) Current satisfactory medical examination report;
(G) Current drug test with negative results for controlled substances; and
(H) Any other minimum requirement as provided for in the job description.
(3) Examinations, interviews, further selection criteria and other processes utilized
in the hiring process of a Police Chief shall be at the discretion of the Oneida Public
Safety and Security Commission,
(4) Upon accepting notification of retirement, resignation, or the removal of a
current Police Chief, the Oneida Public Safety and Security Commission shall
appoint an interim or acting Police Chief who shall serve in said capacity until the
process for appointment of a new Police Chief can be completed.
301.5-3.
Law Enforcement Officers.
(a) Law Enforcement Officer: Educational Requirements. All persons hired after February
1, 1993, shall meet the following minimum education requirements within five (5) years
of thetheir hire date, which are as follows:
(1) Possess a two (2) year associate degree from a Wisconsin an accredited
vocational, technical, andor adult education district or its accredited equivalent
from another state,; or
(2) Possess documentation in the form of an official transcript showing a minimum
of sixty (60) fully accredited college level credits. Documentation will be required
in the form of an official transcript; or
(3) Possess a bachelors degree from a Wisconsinaccredited college or university
or its accredited equivalent.
(b) Conditional Employment. Persons hired after February 1, 1993,Any person who areis
not a certified law enforcement officersofficer at the time of hire, areis considered a
conditional employeesemployee and mustshall attain the educational requirements as
specified in section 301.5-3(a), within five (5) years of their date of hire.
(1) Conditional employees are not eligible for promotion.
(2) Law enforcement officers who fail to meetattain the specifiededucational
requirements in section B,within five (5) years of their date of hire shall be subject
to immediate termination.
(c) Educational Requirement: for Police Supervisors. Upon enactment of this

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ordinancelaw, no law enforcement officer may be considered eligible for promotion to
supervisor until the educational requirements of section 301.5-3(a) have been satisfied.
Law enforcement officers promoted prior to the enactment of this ordinancelaw are exempt
from the educational requirements specified in section 301.5-3(a).
(d) Oneida Police Department Position Restrictions/Exceptions. The following positions
shall be held only by members of the Oneida Tribe: Police Chief, Assistant Chief, Police
Lieutenant or Sergeant, Conservation Director, and Assistant Conservation Director. All
other positions and appointments shall be subject to the Indian Preference rules of the
Oneida Tribe.
301.5-4.
Liability Coverage. The Oneida TribeTo the extent the Federal Tort Claims Act
coverage does not apply, the Nation shall provide professional liability insurance for all law
enforcement officers and Conservation Officers.
301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida
Police Department shall be bound by Standard Operating Proceduresstandard operating procedures
that are required as a result of the specific and unique needs of law enforcement.
301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed
by sworn oath before the Oneida Business Committee at a regular meetingduring a regular or
special Oneida Business Committee meeting, or at an alternative time and location as determined
by the Oneida Business Committee Secretary.
(a) When taking an oath, the law enforcement officer shall appear in person to take their
oath, except if granted permission by the Oneida Business Committee Secretary to appear
through video conferencing, or through other telecommunications.
(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum
of Oneida Business Committee members shall be present to witness the oath.
301.6.
Oneida PolicePublic Safety and Security Commission
301.6-1. Oneida Police Commission. Establishment. There is hereby established an Oneida
Police Public Safety and Security Commission to provide oversight regarding the activities and
actions of public safety and security operations throughout the Reservation to provide the greatest
possible professional services to the Nation and to allow for community input regarding those
public safety and security services through its representatives on the Oneida Public Safety and
Security Commission. The Oneida Public Safety and Security Commission is an oversight body
of the following departments of the Nation, but its oversight authority does not involve decision
making processes on day-to-day activities of those public safety services:
(a) Oneida Police Department;
(b) Internal Security Department; and
(c) Any other safety operation department of the Nation as identified in the bylaws of the
Oneida Public Safety and Security Commission.
301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five
(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.
Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.
301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the
Oneida Public Safety and Security Commission an individual shall:
(a) Be a member of the Nation;
(b) Be twenty-five (25) years of age or older;
(c) Have a background investigation result in none of the following:

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(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
adjudication occurred in the State of Wisconsin;
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement;
(3) A conviction of any law violation that could bring discredit to the Oneida Public
Safety and Security Commission; or
(4) Any pardon issued by the Nation or the governor of any State, for an offense
specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for
the purposes of membership on the Oneida Public Safety and Security Commission;
(d) Not be employed with or terminated from the Oneida Police Department, Internal
Security Department, or any other public safety operation overseen by the Oneida Public
Safety and Security Commission;
301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety
and Security Commission shall be responsible for and empowered to do the following in regard to
the Oneida Police Department:
(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.
(b) Approve all law enforcement officer appointments made by the Police Chief including
the promotion of subordinates.
(c) Adopt, modify, and repeal rules governing how lists of individuals, concluded to be
eligible for appointment to law enforcement officer and promotion, are established.
(d) Approve competitive examinations used to judge suitability for appointment or
promotion of law enforcement officers.
(e(c) Approve an eligibility list of individuals determined to be eligible for appointment
as a law enforcement officer or promotion.
(f) Suspend law enforcement officers or other appointed personnel of the Police
Department pending the filing and hearing of charges against them, subject to the
provisions of 301.10.
(g) Initiate charges against law enforcement officers or other appointed personnel of the
Police Department.
(hd) Hear charges filed against law enforcement officers or other appointed personnel
of the Police Department, whether filed by the Oneida Public Safety and Security
Commission or the Police Chief, make findings and determinations, and impose penalties,
up to and including termination.
(ie) Hear appeals of disciplinary actions against any sworn law enforcement personnel or
officers.
(1) The Oneida Public Safety and Security Commission shall not have authority
over disciplinary actions of non-sworn personnel.
(jf) Adopt rulesstandard operating procedures governing the Oneida PolicePublic Safety
and Security Commission’s management of its own activities.
301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The
responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal
Security Department or any other safety operation department of the Nation shall be provided for
in the Oneida Public Safety and Security Commission bylaws.
301.6-6. Removal From Office. (k) Review contracts, and forward to the Oneida
Business Committee for approval, concerning cross-deputization, dispatch function and

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mutual aid pacts which are made between the Oneida Police Department and a non-tribal
agency.
(l) Approve Standard Operating Procedures of the Oneida Police Department.
A member of the Oneida Public Safety and Security Commission may have their appointment
terminated by the Oneida Business Committee for:
(a)
Misconduct301.6-2.
Appointment of Commissioners. The Oneida Business
Committee shall appoint five members to the Oneida Police Commission for a term of five years.
Commissioners may serve more than one term, but not more than three consecutive terms.
301.6-3. Commissioner Requirements and Qualifications. The following are membership
requirements for serving on the Oneida Police Commission:
(a) Shall be a member of the Oneida Tribe.
(b) Must be 25 years of age or older.
(c) Satisfactory background investigation. The following would prohibit any person from
serving on the Oneida Police Commission:
(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in
another state that would be considered a felony conviction if the offense and
adjudication occurred in the State of Wisconsin.
(2) A felony arrest which results in a misdemeanor conviction due to a plea
arrangement.
(3) A conviction of any ordinance violation that could bring discredit to the
Commission.
(4) Any pardon issued by the Oneida Tribe or the governor of any State, for an
offense specified in sections 301.6-3(c)(1)-(3), shall not deem a person as
“exonerated” for the purposes of membership on the Oneida Police Commission.
(d) Must submit to drug testing prior to appointment and on an annual basis.
(e) Must not be an employee of the Oneida Police Department
(f) Shall attend applicable training.
(g)
Must be a person of known good standing in the community.
301.6-4. Removal From Office. In addition to the Removal Law standards, a Commissioner may
be removed for:
(a) Malfeasance in office.;
(b) Conduct which could jeopardize the reputation of the Oneida TribeNation, the Oneida
PolicePublic Safety and Security Commission, or the law enforcementpublic safety
system.;
(c) Any change in status which would place the Commissioner in conflict with the
qualifications specified in section 301.6-3(c) above.; or
(d) Violation of the confidentially of closed hearings or any other information declared
“confidential” by the Oneida Police Commission.
301.6-5.
QualificationsPublic Safety and Security Commission.
301.Process for7. Appointment as Police Chief.
(a) The recruitment and hiring process for Police Chief shall be conducted by the Oneida
Police Commission, with assistance, as needed, by the Human Resources Department.
(b) No person shall be accepted as a candidate or be eligible to serve as Police Chief who
does not meet the following qualifications:
(1) Current certification in the State of Wisconsin as a law enforcement officer or

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upon approval from State of Wisconsin Standards Board.
(2) Member of the Oneida Tribe.
(3) A minimum of five (5) years creditable service as a sworn law enforcement
officer for a state. tribal, local or federal government, with preference for (i) those
who have at least an associate degree in police science, criminal justice or similar
field, or a bachelor’s degree in a related subject; and (ii) those with successful
supervisory experience.
(4) Current satisfactory background investigation completed by the Security
Department or a law enforcement agency selected by the Oneida Police
Commission with results of the investigation reported directly to the Oneida Police
Commission.
(5) Current satisfactory psychological examination report.
(6) Current satisfactory medical examination report.
(7) Current drug test with negative results for controlled substances.
(c) Examinations, interviews, further selection criteria and other processes utilized in the
hiring process of a Police Chief shall be at the discretion of the Oneida Police Commission,
(d) Upon accepting retirement notification or the resignation of a current Police Chief, the
Oneida Police Commission shall appoint an interim or acting Police Chief who shall serve
in said capacity until the process for appointment of a new chief can be completed.
301.7.
Appointment of Law Enforcement Officers
301.7-1.
Job Task Analysis. The Police Chief shall develop a Job Task Analysisjob task
analysis (job description) for law enforcement officers and submit the job task analysis to the
Oneida PolicePublic Safety and Security Commission for approval.
301.7-2.
Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by
the Oneida PolicePublic Safety and Security Commission and implemented by the Police Chief;
and must . The hiring criteria shall include, but is not be limited to, the following:
(a) educational requirements,;
(b) satisfactory background investigation,;
(c) psychological examination,; and
(d) medical certification.
301.7-3.
Hiring Process Outline. A Hiring Process OutlineA hiring process outline shall be
developed by the Oneida PolicePublic Safety and Security Commission and implemented by the
Police Chief. The Hiring Process Outline willhiring process outline shall detail specific steps
involved in the hiring process for law enforcement officers, and steps in the process involving
scoring, rank scoring, or grading shall be specified, as well as passing grades or scores. The Hiring
Process Outlinehiring process outline shall include all pertinent steps involved in the hiring process
including, but not limited to, the following:
(a) application process,;
(b) application screening,;
(c) written test procedures,;
(d) oral interviews,;
(e) physical agility testing,;
(f) background investigation,;
(g) conditional offer of employment,; and
(h) psychological and medical testing.

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301.7-4.
Approval of Additional Law Enforcement Personnel.
(a) The Police Chief shall make a request for the hiring of additional law enforcement
personnel through the Human Resources Department processes.
(b) Upon receiving approval, the Police Chief shall make a formal request to the Human
Resources Department for posting the position(s) available. The current Job Task
Analysis, Hiring Criteria.job task analysis, hiring criteria. and Hiring Process Outlinehiring
process outline shall be submitted to the Human Resources Department by the Police Chief.
301.7-5.
Process. All phases of the hiring process shall be conducted in accordance with the
Hiring Process Outlinehiring process outline. Duties and responsibilities of persons involved in
the process shall be specified in the outline.
301.7-6.
Eligibility List.
(a) Upon completion of all screening steps of the Hiring Process Outlinehiring process
outline, a list shall be compiled of all candidates based on cumulative scores earned by
each applicant in all graded or scored steps of the current hiring process.
(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the
highest cumulative score is ranked “1”, the candidate with the second highest cumulative
score is ranked “2”, etc.
(c) The list shall be reviewed and approved by the Oneida PolicePublic Safety and
Security Commission and submitted to the Police Chief.
(d) The eligibility list will be valid for one (1) year from the date it was compiled.
(e) The order of appointment of applicants to the position of law enforcement officers
shall follow the order of the eligibility list contingent upon satisfactory background
investigation, psychological testing, and medical testing.
301.7-7.
Commencement of Background Investigation.
(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate
to commence a background investigation upon candidates based on their numerical ranking
on the eligibility list, starting with the top candidate.
(b) Results of the background investigation shall be forwarded to the Police Chief and the
Oneida PolicePublic Safety and Security Commission.
(c) A candidate may be deemed as having an unsatisfactory background investigation
report by either the Police Chief or the Oneida Police Public Safety and Security
Commission, such. Such determinations toby the Police Chief of the Oneida Public Safety
and Security Commission shall be made in writing.
301.7-8.
Conditional Offer of Employment. Provided a candidate has satisfactory results in a
background investigation, an offer of employment shall be sent to the candidate. The offer shall
specify the candidate’s appointment to the position of law enforcement officer contingent upon
satisfactory psychological and medical testing.
301.7-9.
Appointment. Provided a candidate has passed psychological and medical testing, a
formal offer of employment shall be extended to the candidate by the Police Chief. In the event
the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the
contingency of employment shall be specified in the offer.
301.8.
Promotion of Law Enforcement Officers
301.8-1.
Criteria for Promotion. The Oneida PolicePublic Safety and Security Commission
and the Police Chief shall establish specific criteria for the promotion of law enforcement officers.
The criteria shall be placed on the -notice or position posting for the promotion.

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301.8-2.
Process. The process for promotion shall be developed by the Police Chief and
approved by the Oneida PolicePublic Safety and Security Commission. The specifics of the
process shall be placed on the notice or position posting for said promotion.
301.8-3.
Psychological Testing Required. All candidates for promotion shall undergo
psychological testing and have a satisfactory report prior to promotion. The results of such test
shall be made available to the Police Chief and the Oneida PolicePublic Safety and Security
Commission Presidentchairperson.
301.8-4.
Promotion. Upon completion of all steps in the promotion process, a law enforcement
officer may be promoted upon review and recommendation of Oneida PolicePublic Safety and
Security Commission to the Police Chief.
301.9.
Disciplinary Proceedings: for Law Enforcement Officers.
301.9-1.
Purpose.
(a) Disciplinary actions may be commenced against a law enforcement officer by the
Police Chief for violations of departmental Standard Operating Procedures or laws of the
Oneida Tribe or other government. Such actions are independent of and exempt from the
Oneida Blue Book. Discipline may range from a verbal warning to termination.
(b) In serious matters, an internal investigation is conducted by the Oneida Police
Department and the law enforcement officer under investigation may be placed on
administrative leave pursuant to 301.10.
(c) In order to insure due process to for law enforcement officers, an law enforcement
officer has the right to appeal a disciplinary action to the Oneida Police Commission.
(d) shall be governed by this provision of the Law. Disciplinary actions may be ordered
by the Police Chief. The officer may appeal a disciplinary action to the Oneida Police
Commission. Upon filing of an appeal, the Police Chief shall submit formal charges
against the officer to the Oneida Police Commission.
(e) Any citizen may file charges or a complaint against an officer with the Police Chief.
The Oneida Police Commission can proceed with a hearing after an investigation by the
Police Chief.
(f)
If a citizen wishes to file a complaint with the Oneida Police Commission, the Oneida
Police Commission will refer the complaint to the Police Chief to begin an investigation. Upon
completion of the investigation the Police Chief of non-sworn personnel of the Oneida Police
Department shall submit his written report to the Commissionbe governed by the Nation’s laws,
policies, and rules governing employment.
301.9-2. Commencement of Disciplinary Hearings. A request for an appeal of a decision of the
Police Chief must be submitted in writing to the Oneida Police Commission within 30 calendar
days.
(a) If the request is by a law enforcement officer or a citizen against a law enforcement
officer, the President must without delay, notify the Police Chief that a hearing has been
requested.
(b) The Oneida Police Commission must meet within ten calendar days and set a hearing
date.
(c) The Oneida Police Commission has the right to extend hearing dates for Just Cause
Standard. Just cause.
301.9-3. Rights and Responsibilities of the Oneida Police Commission at Hearings.
(a) The Oneida Police Commission shall have legal counsel and a court reporter present at

3 O.C. 301- Page 10

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all formal proceedings.
(b) The Oneida Police Commission has the authority to subpoena witnesses.
(c) Hearing procedures that may be unique to a particular hearing shall be established prior
to the hearing.
(d) Disciplinary hearings shall be open, except where:
(1) the person subject to discipline requests in writing that the hearing be closed;
or
(2) the Police Chief requests in writing that the hearing be closed and indicates that
confidential police matters are involved.
(e) Commissioners shall not discuss the disciplinary matter with anyone outside the
Commission until the hearing is completed and a decision is filed.
301.9-4. Rights of the Accused Law Enforcement Officer at Hearings.
(a) Notice of charges that have been made, or will be made, as well as actions that will or
may be taken against the individual.
(b) The right to a hearing to respond to the charges.
(c) The right to representation at the individual's expense.
(d) The right to confront and cross-examine his/her accusers.
(e) The right to present evidence and argue his/her view of the facts.
301.9-5. Pre-Hearing Conference.
(a) A pre-hearing conference shall be scheduled at least five (5) working days before the
hearing. The law enforcement officer and the complainant shall be notified in writing of
the pre-hearing conference and both may be represented.
(b) The is determined using the following matters shall be accomplished at the conference.
(1) Witness lists and any prior written or recorded statements or reports of
witnesses will be exchanged between the parties or their representatives.
(2) Exhibit lists will also be exchanged between the parties or their representatives,
and each party and/or their representative shall be permitted to physically inspect
all exhibits of the other party.
(3) Witnesses or exhibits not on the pre-hearing conference lists may not be
introduced at the hearing unless the Oneida Police Commission determines that the
party or their representative can demonstrate a satisfactory reason for the inclusion
of such witness or exhibit on the list(s) submitted at the pre-hearing conference.
(4) In the absence of the parry or representative at the pre-hearing conference, the
Oneida Police Commission shall dismiss the charges unless the party or
representative can demonstrate a satisfactory reason for non-appearance.
301.9-6. Hearing Procedure.
(a)
The nature of a law enforcement agency requires the highest level of public trust, As a
result, hearings will be open to the public to allow the public to be reassured that hearings are
conducted under the highest standards of objectiveness and reason., to the extent possible:
(b) The President of the Oneida Police Commission has the duties of:
(1) Presiding over the hearing.
(2) Maintaining order.
(3) Insuring that the hearing is fair and impartial.
(c) The President may elect to use an attorney or experienced hearing examiner to assist in
conducting the hearing.
(d) Order of Business.

3 O.C. 301- Page 11

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(1) The President calls the meeting to order and:
(A) Explains that the Oneida Police Commission is not an investigative
body.
(B) Describes the hearing as a formal inquiry into the facts of the matter in
front of them as an original hearing body.
(2) The President reads the charges, as filed with the Oneida Police Commission,
and cites the rule(s) and/or policy(s) that were alleged to be violated.
(3) Testimony begins with the person(s) who filed the charges.
(A) Witnesses, evidence, documents, and other related reports will be
submitted by the Police Chief or complainant.
(B) Witnesses testify under oath which can be administered by the President
or any other Commissioner.
(C) Any Commissioner may ask questions but they must be relevant to the
issues at hand. It is the President's responsibility to insure that the questions
are germane.
(D) The law enforcement officer or representative may challenge the
testimony or evidence presented.
(4) The law enforcement officer or representative is given an opportunity to present
facts, introduce evidence, and call witnesses to prove:
(A) That the law enforcement officer was wrongly charged.
(B) The penalty is not appropriate for the violation.
(5) The complainant may challenge any testimony offered by the accused.
(6) Both sides are allowed to present closing summaries of their position.
(7) The President then adjourns the hearing.
(8) The Oneida Police Commission retires to executive session to deliberate upon
the matter.
301.9-7. Just Cause Standard Applied to Commission Deliberations. The Commissioners shall
base their decisions regarding a disciplinary action upon the "just cause" standard.
(a) (a) Whether the law enforcement officer could reasonably be expected to have had
knowledge of the probable consequences of the alleged misconduct.
(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.
(c) Whether the Police Chief, before filing charges against the law enforcement officer,
made a reasonable effort to discover whether the law enforcement officer did, in fact,
violate a procedure.
(d) Whether the investigation was fair and objective.
(e) Whether the Police Chief discovered substantial evidence that the law enforcement
officer violated the procedure as described in the charges filed against the law enforcement
officer.
(f) Whether the Police Chief is applying the rule or order fairly and without discrimination
against the law enforcement officer.
(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the
alleged violation and to the law enforcement officer’s record of service with the Oneida
Police Department.
301.9-8. Commission Actions.
(a) The Oneida Police Commission may on appeals, review a disciplinary action taken by
the Police Chief, and:

3 O.C. 301- Page 12

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(1) Approve the action taken by the Police Chief without change.
301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or
suspend a law enforcement officer for just cause without prior approval of the Oneida Public Safety
and Security Commission. The Chief of Police shall report this action to the chairperson of the
Oneida Public Safety and Security Commission immediately in writing and explain the cause(s)
of the action. A law enforcement officer shall not be entitled to a hearing on the suspension unless
the subordinate requests that the Police Chief file charges, which then triggers the hearing process.
(a) For any reductions in rank or terminations of a law enforcement officer, the Police
Chief shall first file charges with the Oneida Public Safety and Security Commission.
301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission
has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative.
It may suspend the Chief of Police pending the investigation of written charges received.
301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action
of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida
Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be
filed with the Oneida Public Safety and Security Commission by the party initially taking the
disciplinary action.
301.9-6. Filing of Charges.
(a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and
Security Commission by:
(1) the Chief of Police;
(2)
Dismiss or modify a member of the Oneida Public Safety and Security
Commission;
(3) the Oneida Public Safety and Security Commission as a body; or
(4) any aggrieved party.
(b) Content of Charges. The charges shall be in writing and shall be signed by the charging
party. The sources of all information contained in the charges shall be stated in the charges
or in accompanying documents. Information regarding the names and addresses of
witnesses having relevant knowledge relating to the charges may be embodied in a separate
statement accompanying the charges. The charges shall identify the person who is charged
and specify, if possible, the date(s) and place(s) of the alleged offense(s).
(c) Filing of Charges. The charges shall be filed with the chairperson of the Oneida Public
Safety and Security Commission. Pending disposition of such charges, the Oneida Public
Safety and Security Commission or Police Chief may suspend the employee.
(d) Service of Charges. Following service upon the Oneida Public Safety and Security
Commission chairperson, a copy of the charge(s) made by the Police Chief shall be served
upon the person charged. A copy of the charge shall be issued to the person charged within
five (5) business days after charges are sent to the Commission.
301.9-7. Procedure for Responding to Charges.
(a) Participation of the Commission. If the Oneida Public Safety and Security Commission
as a body files charges, it shall retain special counsel to prosecute such charges on the
Commission's behalf and the Oneida Public Safety and Security Commission shall refrain
from any active involvement in the prosecution of such charges. If any member of the
Oneida Public Safety and Security Commission files and actively prosecutes such charges,
such member shall not participate in deliberating the charges or determining whether they
are sustained.

3 O.C. 301- Page 13

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(b) Docket List. All charges filed with the Oneida Public Safety and Security Commission
shall be recorded on a docket list and assigned a number in sequence of filing with the date
of filing added in parentheses.
(c) Preliminary Investigation. Upon the filing of charges, the Oneida Public Safety and
Security Commission may have a preliminary investigation conducted to determine if it
has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges
that it does not have jurisdiction over the charges, it may dismiss the charges. In the event
of such dismissal, the Oneida Public Safety and Security Commission shall notify the
complainant in writing of its action.
(d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a
copy of the charges shall be served upon the person charged. The Oneida Public Safety and
Security Commission shall set a date for a hearing not less than ten (10) days or more than
thirty (30) days following receipt of the charges. This timeframe may be waived if mutually
agreed.
301.9-8.(3)
Modify any penalty imposed by the Police Chief.
(4) Void the action taken by the Police Chief.
(b)
The Oneida Police Commission Scheduling Conference.
(a) Scheduling Conference. A scheduling conference between the parties and/or their legal
counsel is appropriate to establish the procedural timeline leading up to, and the process
for, the evidentiary hearing.
(b) Purpose of the Scheduling Conference. The following matters shall be accomplished
at the scheduling conference, and the resolution of these issues shall be memorialized in a
scheduling order distributed to the parties:
(1) Establishing the date(s) of the evidentiary hearing;
(2) Setting up deadlines to exchange witness lists and any prior written or recorded
statements or reports of witnesses;
(3) Setting up deadlines to identify and exchange exhibits;
(4) Setting up any discovery deadline. Prehearing discovery is permitted.
(5) Establishing the process and deadlines to request the Oneida Public Safety and
Security Commission to issue subpoenas. The Oneida Public Safety and Security
Commission chairperson has the power to issue subpoenas to compel the attendance
of witnesses;
(6) Arranging for the recording of the testimony. The hearing shall be transcribed
by a court reporter or otherwise recorded to preserve the evidence in case of an
appeal to the Trial Court; and
(7) Determining if there are any objections to any Oneida Public Safety and
Security Commission member participating in the hearing, deliberations, or
decision and the basis for such objections.
301.9-9. Evidentiary Hearing.
(a) Hearing Procedures.
(1) The evidentiary hearing shall be conducted in open session.
(2) Following the evidentiary hearing, the deliberations of the Oneida Public Safety
and Security Commission may be conducted in closed session at the discretion of
the Commission.
(3) The Commission’s vote following deliberations may take place in closed
session, unless the charged party demands that the vote take place in open session.

3 O.C. 301- Page 14

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(4) A record of the proceedings shall be created by the Commission. Exhibits
introduced shall be marked with a docket number and exhibit number in sequence
of introduction.
(5) Either or both of the parties may be represented by counsel and may compel
the attendance of the witnesses by subpoenas, which shall be issued by the
chairperson of the Commission.
(6) All testimony of witnesses at hearings shall be given under oath, administered
by a member of the Commission.
(b) Order of Proceedings. At the hearing, the order of proceedings shall be as follows:
(1) Reading of the charges by the president.
(2) Opening statement by the parties, if any;
(3) Testimony and introduction of evidence by the charging party to substantiate
the charges, with cross-examination by the accused;
(4) Testimony and introduction of evidence by the accused with cross-examination
by the charging party; and
(5) Closing arguments.
301.9-10. Deliberations, Findings, Conclusions, Orders from Hearing.
(a) Finding of Fact.
(1) At the conclusion of the hearing, the Oneida Public Safety and Security
Commission shall prepare written findings of fact based upon the testimony and
evidence presented and shall prepare conclusions which are based on the findings
and an order consistent with such findings and conclusions within three (3) days
after the conclusion of the hearing and file it with the Oneida Public Safety and
Security Commission Secretary.
(2) For purposes of deliberation after the hearing, the Oneida Public Safety and
Security Commission shall adjourn into closed session. During the deliberation
only Oneida Public Safety and Security Commission members and the
commission’s attorney shall be present.
(b) Just Cause Standard. In determining whether there is just cause for discipline, the
Oneida Public Safety and Security Commission shall apply the standards set forth in
section 301.9-2.
(c) Charges Rescinded. If the Oneida Public Safety and Security Commission determines
that the charges are not sustained, the charged party shall immediately have all related
disciplinary action taken to date rescinded and all lost pay or other benefits, if any, restored.
(d) Charges Sustained. If the Oneida Public Safety and Security Commission determines
that the charges are sustained, the charged party, by order of the Commission, may impose
any of the following penalties, but is not limited to the penalties listed herein.:
(1)
Verbal consultation;
(2)
Written reprimand.;
(3)
Suspension without pay.;
(4)
Demotion in rank.; or
(5)
Termination of employment.
(c) e) Announcement of Decision. The Oneida Police Commission's findings shall be in
writingPublic Safety and include:
(1) A statement of all charges filed.
(2) The specific rule(s), policy(s), or standard(s) of conduct violated.

3 O.C. 301- Page 15

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(3) A list of charges that the Oneida PoliceSecurity Commission found were provenshall
announce its decision in open session.
(4) A summary of the disciplinary actions considered(f) Appeal of Decision. Any
law enforcement officer suspended, demoted, reassigned, or removed by the
Oneida Police Commission.
(5) The disciplinary action ordered by the Oneida Police Commission Public Safety
and any special actions attached to the approved disciplinary action.
(d) In acting on a complaint including a request for termination of employment, filed with
the Oneida Police Commission, the Oneida PoliceSecurity Commission may:
(1) Dismiss appeal from the complaint.
(2) Dismiss or modify certain charges filed.
(3) Conclude thatorder of the testimonyOneida Public Safety and evidence sustain
the charges and impose a penalty.
(4) Allow the Oneida Police Commission the power to hire an outside agency to
conduct the investigation of allegations against the Police Chief.
301.9-9.
Appeals of Commission Findings. Appeals of Oneida Police Commission's
ruling shall be made Security Commission to the Judiciary.
301.10.
Administrative Leave: of Law Enforcement Officers.
301.10-1. General. Administrative leave is an action commenced by the Police Chief affecting
the status of a law enforcement officer. A law enforcement officer is temporarily relieved of all
law enforcement powers while on administrative leave. The law enforcement officer continues to
receive salary and is responsible to report to the Police Chief or perform other duties as assigned.
Administrative leave does not denote wrong-doing on the part of the law enforcement officer.
301.10-2. Applicability. Administrative leave may only be ordered in the following
circumstances:
(a) The law enforcement officer poses a threat to themselves or others.
(b) The law enforcement officer is alleged to have committed a violation(s) which calls
for termination of his or hertheir employment as a law enforcement officer and the matter
is under investigation.
(c) The law enforcement officer is alleged to have committed a violation(s) that is under
investigation and that would cause a loss of public trust in the Oneida Police Department.
(d) The law enforcement officer is under investigation for alcohol or drug abuse.
(e) The law enforcement officer is under investigation for insubordination, untruthfulness,
or commission of a crime.
(f) The law enforcement officer demonstrates behavior indicating the law enforcement
officer is unfit for duty.
301.10-3. Duration of Administrative Leave.
(a) In cases where the law enforcement officer is under formal investigation, the law
enforcement officer willshall remain on administrative leave until the investigation is
completed.
(1) If the investigation results in allegations being sustained, the law enforcement
officer willshall remain on administrative leave pending issuance of discipline.
(2) If the investigation results in a finding that the charges were unfounded or not
sustained, the law enforcement officer shall be immediately returned to active duty
status.

3 O.C. 301- Page 16

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(b) In cases where the law enforcement officer is placed on administrative leave for other
matters not involving formal investigation, the law enforcement officer shall be returned
to active duty status upon order of the Police Chief. The period of administrative leave in
incidents not involving investigation shall not exceed thirty working(30) calendar days.
301.11.
Firearms Control.
301.11-1. The Oneida Tribe301.11-1. The Oneida Police Department may allow law
enforcement use of service firearms in order to protect life, liberty, property, land, and premises,
according to the usual and current accepted law enforcement standards.
301.11-2. The Nation hereby establishes regulations for the carrying of firearms issued to certified
law enforcement officers employed by the Oneida TribeNation.
(a) The needs and requirements for carrying firearms shall be established and determined
by the Police Chief subject to the review of the Oneida PolicePublic Safety and Security
Commission.
(b) Said requirements shall reflect the needs of the Oneida TribeNation in order to protect
all persons and property.
End.

Adopted - BC -10-10-01-C
Revisor Correction 2004
Amended – BC-02-25-15-C
Amended – BC-__-__-__-__

3 O.C. 301- Page 17

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Legislative Operating Committee

Agenda Request Form
1) Request Date: _A_p_ri_l_2_,2_0_2_5_ _ _ _ _ _ _ _ _ _ _ _ _ __
2)

Contact Person(s): Larry Barton

Dept: OBG

------------

Phone Number: 920-869-4394
3)

Email: lbarton2@oneidanation.org

Agenda Title: Resubmission of Chapter 11 GTC Mtg. Stipend Payment Policy & Chapter 10GWE

4) Detailed description of the item and the reason/justification it is being brought before the Committee
LOG consideration of making this item high priority on the LOG Active File List

List any supporting materials included and submitted with the Agenda Request Form
l) Resubmission of April 3, 2024 LOC Submission Items
3) _ _ _ _ _ _ _ _ __

2) _ _ _ _ _ _ _ _ __

4) _ _ _ _ _ _ _ _ __

5) Please List any laws, ordinances or resolution that might be affected:
Beneficial Amendments to: Chapter 11 GTC Meeting Stipend Payment Policy; Chapter 10 GWE
6) Please List all other departments or person(s) you have brought your concern to:

7) Do you consider this request urgent?

lilYes

D No

If yes, please indicate why: Hundreds of thousands of dollars of tax liability.

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by the
Legislative Operating Committee

s;gnat"" ofR,q""""

c:!l

~ ~

Please se11d thisf01m and all supporti11g materials to:
LOC@oneidanation.org
or

Legislative Operating Committee (LOC)
P.O. Box365
Oneida, WI 54155
Phone 920-869-4376

31 of 41

~

Oneida Nation
Oneida Business Committee
PO Box 365 • Oneida, WI 54155-0365
onelda-mn.gov

ONEIDA

Memorandum
To:

Legislative Operating Committee

From:

Larry Barton, Treasurer

Date:

March 19, 2025

Re:

Resubmission of: Chapter 11 GTC Meeting Stipend Payment Policy
and Chapter 10 GWE

rif

I am resubmitting Chapterll GTC Meeting Stipend Policy and Chapter 10 GWE for
consideration of this item being high priority on the Legislative Operating Committee's Active
File List.
Thank you.

Attachment:
April 3, 2024 Chapter 11 GTC Meeting Stipend Payment Policy and Chapter 10 GWE support
document

Page 1 of 1

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

32 of 41

Title 10. General Welfare Exclusion - Chapter 1001
ONEIDA GENERAL WELFARE
1001.1. Purpose and Polley
1001.2, Adoption, Amendment, Repeal
1001.3, Definitions
1001.4, General Welfare Assistance
1001,5, Approved Program Guidelines

1001.6, Non-Recourse Designation
1001.7, Governing Law; Sovereignty
1001.8, Federal Trnst Obligations

1001.1. Purpose and Policy
1001.1-1. Pwpose. The purpose of this law is to govern how the Nation provides assistance to
eligible members on a non-taxable basis, pmsuant to the principles of the Genernl Welfare
Exclusion.
(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional
application of the general welfare doctrine and subsequent guidance, has recognized the
sovereign right of Indian tribal governments to provide financial assistance to its members
under certain circumstances on a non-taxable basis.
1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved
programs that promote the general welfare of the Nation, This law provides a :framework for
approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.
§13 9E, and applicable Internal Revenue Service regulations or revenue procedures including LR. S,
Rev. Proc. 2014-35, Further, it is the intent of the Oneida Business Committee that all assistance
provided under this law:
(a) is available to any recipients who satisfy the program policies, subject to budgetary
restraints;
(b) is made under an approved program that does not discriminate in favor of members of
the Nation's governing body;
(c) is not provided as compensation for goods or services; and
(d) is not lavish or extravagant under the facts and circumstances, as determined by the
Oneida Business Committee,
1001.2. Adoption, Amendment, Repeal
1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-12-08-21-

A
1001.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pmsuant to the procedures set out in the Legis~ative Procedures Act.
1001.2-3. 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.
1001.2-4. 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.
1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1001.3. Definitions
1001.3-1. This section shall govern the definitions of words and phrases used within this law. All
words.not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any progrnm(s) to provide general welfare assistance that
is intended to qualify as non-taxable as a General Welfare Exclusion, administered under
specific guidelines,.and is adopted by the Oneida Business Committee through resolution
10 O.C. 1001 -Page 1

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or law of the Nation.
(b) 11 Assistance 11 means benefits or payments under an approved program, which are paid
to or on behalf of a recipient pursuant to this law. Assistance provided under an approved
pmgram shall not be considered income of the recipient.
(c) "Lavish" or "Extravagant" shall have the meaning determined by the Oneida Business
Committee in its discretion and based on the circumstances, taking into account needs
unique to the Nation as well as the social purpose being served by the particular assistance
at hand, except as otherwise may be required for compliance with final guidance issued
under 26 U.S.C. §139E following consultation between the Nation and the federal
government.
(d) "Limited term" means a defined statt and end date, or utilizes third-party funding and
is not intended to be permanent.
(e) "Member11 means an individual who is an emolled member of the Nation.
(f) "Nation" means the Oneida Nation.
(g) "Recipient" means any member entitled to receive assistance in accordance with
approved program requirements.

1001.4. General Welfare Assistance
1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a
non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government
recognizes that benefits to recipients under an approved program for the promotion of the general
welfare of the Nation is excludable from the gross income of those recipients. General Welfare
Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as
it:
(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;
(b) is provided under a Safe Harbor Program listed and detailed in I.RS. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or
(c) meets the criteria of the General Test under the I.RS. General Criteria of General
Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).
1001.4-2. General Test. The General Test provides criteria used to determine if any assistance
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(a) The assistance is paid on behalf of the Nation;
(b) The assistance was provided pursuant to an approved program;
(c) The assistance does not discriminate in favor of members of the governing body of the
Nation;
(d) The assistance is available to any member who meets the guidelines of the approved
program;
(e) The assistance is provided for the promotion of general welfare;
(f) The assistance is not lavish or extravagant;
(g) The assistance is not compensation for services; and
(h) The ass1stance is not a per capita payment.
1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare
Exclusion shall occur through an approved program and qualify as non-taxable under the principles
of the General Welfare Exclusion to the fullest extent permitted at law.
(a) An approved program shall be established and operated to promote the general welfare
10 O.C. 1001 - Page 2

34 of 41

of the Nation, including programs designed to enhance the promotion of health, education,
self-sufficiency, self~determination, and the maintenance of culture and tradition,
entrepreneurship, and employment.
(b) Each approved program, shall be limited to purposes consistent with treatment under
the General Welfare Exclusion as to purpose, eligibility, and funding.
(d) An approved program shall meet all criteria of the General Test.
(d) Assistance provided through an approved program is not subject to information
reporting by the Nation to the Internal Revenue Service.
1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general
welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to
codify existing procedures used by the Nation to administer its general welfare assistance.
Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general
welfare assistance provided pUl'suant to the exercise by the Nation of its inherent tribal sovereignty.
1001.5. Approved Program Guidelines
1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the
Oneida Business Committee through a resolution or law of the Nation. Approved programs
adopted by the Oneida Business Committee are considered in force and effect and in accmdance
with this law
(a) Law. An approved program shall be adopted by the Oneida Business Committee
through a law if the approved program will function on a pe1manent basis.
(1) Adoption of an approved program by the Oneida Business Committee through
a law of the Nation shall comply with the process and procedures of the Legislative
Procedures Act.
(b) Resolution. An approved program shall be adopted by the Oneida Business Committee
tlu·ough a resolution if the approved program will function for a limited te1m.
(1) An approved program to be considered for adoption through resolution by the
Oneida Business Committee shall be accompanied by a statement of effect and
submitted in accordance with the Oneida Business Committee's submission
procedure and deadlines.
(c) Contents of Pi·oposed Approved Programs. The law or resolution establishing an
approved program shall contain the following information:
(1) Name of the approved program;
(2) PUl'pose of the approved program;
(3) Eligibility rules and limitations for approved program;
(4) Funding source for approved program;
(5) How the approved program qualifies for General Welfare Exclusion; and
(6) Start and end date of approved program, if applicable.
1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members
of the Nation. Each approved program shall set forth any specific eligibility rules and limitations
applied to that program.
1001.5-3. Funding ofApproved Programs. Assistance authorized by this law shall be limited to
funds appropriated, at the discretion of the Oneida Business Committee and no matter the source
of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the
Nation until payments are disbUl'sed. The Oneida Business Committee shall designate approved
programs for which funds shall be budgeted each fiscal year~ consistent with the purposes of this
10 O.C. 1001-Page 3

35 of 41

law. Approved programs may also be funded through third-party funding if available.
1001.5-4. Use ofAssistance. All assistance provided through an approved program shall be used
for the purpose stated in the approved program description. If assistance is used or pledged for a
purpose inconsistent with the purpose set forth in an approved program the payment shall be
deemed forfeited. The Nation may secure repayment from any recipient who forfeited their
assistance.
1001.5-5, Anti-Alienation. Assistance.provided to a member through an approved program shall
not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,
attachment or garnishment by creditors of the member,
1001.6. Non-Recourse Designation
1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated
as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or
right to any funds budgeted for, or set aside for, approved programs until paid.
1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke
any benefit.
1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines
of "constructive receipt" or "economic benefit."
1001.7. Governing Law; Sovereignty
1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance
made hereunder, shall be construed and enforced according to the Nation's laws and applicable
federal law. Nothing in this law or the related laws, policies, or procedures adopted for its
implementation, if any, shall be construed to make applicable to the Nation any laws or regulations
which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption
because of its sovereign status.
1001.8. Federal Trust Obligations
1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal
funding is insufficient to operate federal programs designed to benefit applicants and when federal
funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation's
adoption of its approved programs is not intended to relieve or diminish the federal govemment of
its funding and t1ust responsibilities. Nothing herein shall waive the Nation's right to seek funding
shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled
to government-to-government consultation and coordination with the federal government
regarding these obligations.
End.
Emergency Adopted-BC-08-12-20-D
Emergency Amended- BC-02-10-21-B
Emergency Extended- BC-07-28-21-M
Adopted - BC-12-08-21-A

10 O.C. W01-Page4

36 of 41

Title 1. Government and Finances - Chapter 111
GENERAL TRIBAL COUNCIL MEETING STIPEND PAYMENT POLICY
111, I , Purpose and Policy
111.2. Adoption, Amendment, Repeal
111.3, Definitions

111.4, Stipends
111.5. General Tribal Council Meetings
111,6, Appeals

111.1. Purpose and Policy
111.1-1. The purpose of this policy is to govern the payment of stipends for attendance at General
Tribal Council meetings.
111.1-2. It is the policy of the Oneida Tribe of Indians of Wisconsin to pay eligible General Tribal
Council members a stipend for attending a General Tribal Council meeting at which a quorum is
established and maintained and where official Tribal business is conducted. 1
111.2. Adoption, Amendment, Repeal
111.2-1. This policy was adopted by the Oneida Business Committee by Resolution BC-12-10-08-K
and amended by BC-02-13-13-E.
111.2-2. This policy may be amended pursuant to Tribal law by the Oneida General Tribal Council.
111.2-3. Should a provision of this policy or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this policy which are considered
to have legal force without the invalid portions.
111.2-4. In the event of a conflict between a provision of this policy and a provision of another law,
ordinance, policy, regulation, rule, resolution or motion, the provisions of this policy shall control.
Provided that, nothing in this policy is intended to repeal or modify any existing law, ordinance,
policy, regulation, rule, resolution or motion.
111.2-5. This policy is adopted under authority of the Constitution of the Oneida Tribe of Indians of
Wisconsin.
111.3. Definitions
111.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "General Tribal Council" means the governing body of the Oneida Tribe of Indians of
Wisconsin, which is composed of the qualified voters of the Tribe, as determined by the
Constitution of the Oneida Tribe of Indians of Wisconsin.
(b) "Tribe" or "Tribal" means the Oneida Tribe of Indians of Wisconsin.
111.4. Stipends
111.4-1. Any Tribal member who meets the requirements of 111.4-2 shall receive a stipend in an
amount determined by General Tribal Council for attending a General Tribal Council meeting, if a
quorum is established.
(a) If a quorum has not been established within fifteen (15) minutes after the published
starting time, the meeting shall not be held and no stipend shall be paid.
111.4-2. In order to receive a stipend for attending a General Tribal Council meeting, a person shall:
(a) be a qualified voter, in accordance with the Oneida.Constitution;
1

Januaty 16, 2023 GTC Directive: "Motion by Nancy Barton to accept the petition and to increase the General Tribal
Council stipend to $200 effective January 30, 2023. Seconded by Michael Debraska. Motion carried 2/3 majority vote
requirement by show of hands."

1 O.C. Ill -Page 1

37 of 41

(b) except as provided under (1 ), register no later than fifteen (15) minutes after the published
starting time of the meeting by checking in at a registration table, filling out any required
forms, and providing a valid Tribal or state issued picture identification;
( 1) A person who is physically in line to register for a General Tribal Council meeting
within fifteen (15) minutes after the published starting time of the meeting, may
receive a stipend for attending a General Tribal Council meeting if he or she registers
and meets the other requirements under this section.
(c) be present for the entire meeting, from the time the meeting is called to order until the
meeting is adjourned; and
(1) For purposes of this policy, a Tribal member who leaves the meeting area and any
related bathroom facilities, as identified by the Tribal Secretary's Office, is not
considered present for the entire meeting.
(d) check out and provide a valid Tribal or state issued picture identification card after the
meeting ends.
(1) For the purposes of this policy, a meeting ends when the meeting is adjourned, the
meeting is recessed to a later date, or a quomm is lost.
111.4-3. Payment. The stipend payment shall be made by an acceptable distribution process
approved by the Accounting Department. Any fees associated with reissuing a payment shall be
deducted from a reissued payment.
(a) The Accounting Department shall distribute stipend payments no later than fifteen ( 15)
business days after a General Tribal Counc"il meeting is held.
(b) If a Tribal member does not receive a stipend payment after meeting the requirements of
111.4-2, he or she may contact the Emollment Department to verify his or her eligibility to
receive the stipend payment.
111.5. General Tribal Council Meetings
111.5-1. Enrollment Department.
(a) The Emollment Department shall be responsible for the following at each General Tribal
Council meeting:
(1) Conducting check in/out of Tribal members and verifying voter eligibility.
(2) Verifying mailing address of each Tribal member.
(3) Providing eligible Tribal members with a hand stamp, bracelet or other identifier
that can be displayed upon request to prove they are eligible to attend the meeting
and/or vote during the meeting.
(b) Emollment Department officials shall be responsible for verifying the information
provided by Tribal members while checking in and out. A Tribal or state issued picture
identification card shall be required to verify the identity of the person registering.
(c) The Emollment Department shall send the relevant information regarding Tribal members
who are eligible to receive a stipend to the Accounting Department as soon as possible after
the meeting.
111.5-2. If the facility where the meeting is held does not seat at least twenty-five hundred (2,500)
people, the Oneida Business Committee shall have the Security Department or other applicable
individuals limit meeting attendees to those Tribal members who are eligible to vote.
111.6. Appeals
111.6-1. Any Tribal member denied a stipend payment may file an appeal with the Emollment
Department within forty-five (45) days after the meeting for which the meeting stipend was denied.
The review shall be conducted by the Emollment Director or his/her designee. A determination as to
1 O.C. 111 - Page 2

38 of 41

whether the Tribal member was eligible for the stipend shall be made within five (5) business days of
receipt of the appeal.
(a) The determination shall be sent by registered mail (return receipt requested) or delivered
in person to the Tribal member.
(b) In the event a stipend payment is denied, the determination shall include a statement
notifying the Tribal member that he or she has fourteen (14) calendar days to file an appeal
with the Oneida Trust/Enrollment Committee.
(c) In the event a stipend payment is granted, the determination shall include a statement
notifying the Tribal member that the Enrollment Department will forward his or her relevant
information to the Accounting Department to process the payment.
111.6-2. Any Tribal member denied a stipend payment after an appeal to the Enrollment Director
may appeal the Director's determination to the Oneida Trust/Enrollment Committee. The appeal shall
be filed within fourteen (14) calendar days of receipt of the determination. An appeal shall be filed
with the Oneida Trust/Enrollment Committee in care of the Enrollment Department. The Enrollment
Department shall forward the appeal to the Oneida Trust/Enrollment Committee no later than the next
business day.
111.6-3. A quorum of the Oneida Trust/Enrollment Committee shall conduct a hearing of the appeal
and issue a determination within forty-five (45) days of the receipt of the Tribal member=s request
for review.
(a) The Oneida Trust/Enrollment Committee determination shall be sent by registered mail
(return receipt requested) or delivered in person to the Tribal member.
111.6-4. Payments after an Appeal.
(a) Within five (5) business days after the Enrollment Director or the Oneida Trust/Enrollment
Committee determines that a stipend should have been granted, the Enrollment Department
shall notify the Accounting Department of the determination, the name of the Tribal member
and any additional relevant information needed by the Accounting Department to make the
payment.
(b) The Accounting Department shall distribute a stipend payment to the Tribal member
within fifteen (15) business days from the notification.
111.6-5. The determination of the Oneida Trust/Enrollment Committee shall be final.
End.
GTC Directive - 8/11/07
Emergency Adoption-BC-12-07-07-A
Emergency Extension - BC-05-28-08-C
Pem1anent Adoption-BC-12-10-08-K
GTC Directive -GTC-11-21-11-A
Emergency Adoption - BC-05-09-12-A
Emergency Extension - BC-I 0-14-12-B
Adopted-BC-02-13-13-E
Emergency Amended - BC-04-08-20-A
Emergency Extension - BC-09-23-20-B (Expired)

1 O.C. 111

Page 3

39 of 41

Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

"'

Oneida Business Committee
Legislative Operating Committee

Legislative Operating Committee
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
April 2, 2025
One Year Review of the Drug and Alcohol Free Workplace Law Amendments

Background
On February 14, 2024, the Oneida Business Committee adopted the most recent amendments to the
Drug and Alcohol Free Workplace law through the adoption of resolution BC-02-14-24-B,
Amendments to the Drug and Alcohol Free Workplace law. The purpose of the Drug and Alcohol
Free Workplace law is to establish a drug and alcohol-free workplace program that balances respect
for individuals with the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-2].
The amendments to the Drug an Alcohol Free Workplace law require that all external and internal
applicants participate in pre-employment drug testing, and that a negative drug test result shall be
required for employment eligibility. [2 O.C. 202.8-4]. The amendments to the Drug and Alcohol Free
Workplace law further provide that an external applicant’s confirmed positive THC test result shall
be exempted from the requirement of a negative drug test result for pre-employment eligibility unless
prohibited by an external licensing or grant requirement. [2 O.C. 202.8-4(a)]. Once an individual is
hired by the Nation, the employee is prohibited from the use of prohibited drugs and alcohol during
working hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented
by the Nation. [2 O.C. 202.4-2]. All employees of the Nation are required to participate in reasonable
suspicion and follow-up testing upon the request of an appropriate authority. [2 O.C. 202.8-5]. A
negative test result is required for unimpeded employment eligibility. Id.
When the Oneida Business Committee adopted the most recent amendments to the Drug and Alcohol
Free Workplace law, the Oneida Business Committee also directed the Legislative Operating
Committee to conduct a one (1) year review regarding the amendments. This memorandum serves as
the one (1) year review of the most recent amendments to the Drug and Alcohol Free Workplace law.
One Year Review
In order to conduct a one (1) year review of the Drug and Alcohol Free Workplace law amendments
the Legislative Operating Committee both held a work meeting on February 3, 2025, and reached out
via e-mail to representatives from the following areas with a request for information regarding the
implementation of the most recent amendments to the Drug and Alcohol Free Workplace law:
 Human Resources Department;
 Employee Health Nursing;
 Oneida Law Office;
 General Manager;
 Gaming; and
 Retail.

Page 1 of 2

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

40 of 41

The following information regarding the first year of the Drug and Alcohol Free Workplace law
amendments was provided:
 Employee Health Nursing began exempting an external applicant’s confirmed positive THC
test result for pre-employment drug testing on March 4, 2024.
 From March 4, 2024 through December 31, 2024, Employee Health Nursing conducted four
hundred twenty-three (423) total pre-employment drug tests.
 Employee Health Nursing exempted positive THC test results for thirty-eight (38)
external applicants.
 Sixteen (16) external applicants were for Programs, and twenty-two (22)
external applicants were for Gaming.
 The amount of exempted positive THC test results equates to approximately
nine percent (9%) of the total pre-employment drug tests.
 As of February 19, 2025, Employee Health Nursing exempted positive THC test results for
three (3) external applicants. One (1) external applicant for Programs, and two (2) external
applicants for Gaming.
 It was noted that two (2) internal transfer applicants tested positive for THC and thought
their positive test result would be waived, as they were unclear that the exemption for preemployment drug testing provided for in section 202.8-4(a) of the Drug and Alcohol Free
Workplace law applied to only external applicants.
Overall, the common impression of the first year implementation of the Drug and Alcohol Free
Workplace law amendments is that the amendments are working well and as intended, and the
adoption of these amendments has led to an increase in the Nation’s hiring ability. At this point in
time additional amendments to the Drug and Alcohol Free Workplace law were not identified.
Requested Action
Accept the one (1) year review of the Drug and Alcohol Free Workplace law amendments.

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

Page 2 of 2

~
ONEIDA

41 of 41

April 2025

April 2025

May 2025

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30

1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Mar 31

Apr 1

2

3

4

9:00am Code of Ethics
Law Amendments
10:00am Probate
Discussion: Division of
11:00am Probate
Discussion: Oneida Law
2:00pm Furlough + Layoff
3:30pm Probate

8:30am LOC Prep Meeting
(Microsoft Teams
9:00am Legislative
Operating Committee
12:00pm LOC Community
Work Session:
1:30pm LOC Work
Session (Microsoft

7

8

9

10

11

14

15

16

17

18

10:00am Boards,
Committees,
Commissions
amendments - work
meeting (Microsoft
Teams Meeting) Carolyn A. Salutz

10:30am Eviction and
Termination Law
Amendments Work
Meeting (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) Clorissa N. Leeman

8:30am LOC Prep Meeting
(Microsoft Teams
Meeting;
BC_Conf_Room) 9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;

21

22

23

24

25

28

29

30

May 1

2

10:00am Higher
Education Law/Rule
Review (Microsoft
Teams Meeting;
1:30pm Indian Preference
in Contracting
(Microsoft Teams
Meeting) - Grace L.

10:00am Independent
Contractor Policy
amendments -work
1:00pm Conflict of
Interest Law
amendments - work
2:00pm Public Use of
Tribal Land Law

10:00am Vendor
Licensing - work
meeting (Microsoft
Teams Meeting) Carolyn A. Salutz

LOC

1

3/28/2025 12:33 PM

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A73dd96ba48ba1261. Public record. Not legal advice.