Oneida Business Committee (2026)
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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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LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
July 1, 2026
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. June 17, 2026 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Boards, Committees, and Commissions Law Amendments (pg. 4)
2. Pardon and Forgiveness Law Amendments (pg. 72)
3. Code of Ethics Amendments (pg. 109)
4. Eviction and Termination Law Amendments (pg. 153)
5. Petition: G. Powless-Buenrostro – Amend Judiciary Law #2026-01 (pg. 208)
IV.
New Submissions
1. Minors Trust GWA Emergency Law (pg. 208)
2. Election Law Emergency Amendments (pg. 210)
V.
Additions
1. Hunting, Fishing, and Trapping Law Administrative Rulemaking Update (pg. 252)
VI.
Administrative Updates
1. Certification of Higher Education Grant Law Rule No. 1 – Student Eligibility Requirements
and Administration (pg. 254)
VII.
Executive Session
VIII. Recess/Adjourn
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155-0365
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Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE
MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
June 17, 2026
9:01 a.m.
Present: Jennifer Webster, Jonas Hill, Kirby Metoxen
Excused: Jameson Wilson
Unexcused: Marlon Skenandore
Others Present: Clorissa Leeman, Grace Elliott, Carolyn Salutz.
Others Present on Microsoft Teams: Sarah Miller , Rhiannon Metoxen, Fawn Cottrell, Melissa
Alvarado, Sarah White, Fawn Billie, David Jordan, Eric Boulanger, Ralinda Ninham-Lamberies,
Peggy Helm-Quest, Jessalyn Harvath, Leyne Orosco, Ashley Blaker, Mkedemkokwe Montgomery, Martin Prevost, Rae Skenandore, Eddy Horkman, Ronald Van Schyndel, Taryn Webster.
I.
Call to Order and Approval of the Agenda
Kirby Metoxen called the June 17, 2026, Legislative Operating Committee meeting to order at 9:01 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried
unanimously.
II.
Minutes to be Approved
1. June 03, 2026 LOC Meeting Minutes
Motion by Jonas Hill to approve the June 03, 2026, LOC meeting minutes and forward to
the Oneida Business Committee; seconded by Jennifer Webster. Motion carried unanimously.
III.
Current Business
1. Vendor Licensing Law Amendments. Motion by Jennifer Webster to approve the draft,
legislative analysis, and public meeting packet, and direct a public meeting to be held on
August 13, 2026, seconded by Jonas Hill; motion carried unanimously.
2. Code of Ethics Amendments. Motion by Jennifer Webster to accept the public comments and the public comment review memorandum for the proposed amendments to the
Code of Ethics and defer to a work meeting for further consideration; seconded by Jonas
Hill. Motion carried unanimously.
3. Elder Protection Law. Motion by Jennifer Webster to approve the adoption packet for
the Elder Protection law and forward to the Oneida Business Committee for consideration;
seconded by Jonas Hill. Motion carried unanimously.
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Legislative Operating Committee Meeting Minutes of June 17, 2026
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IV.
New Submissions
1. Whistleblower Protection Law Amendments. Motion by Jonas Hill to add the Whistleblower Protection law to the Active Files List with Jennifer Webster as the sponsor,
seconded by Jennifer Webster; motion carried unanimously.
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 09:24 a.m.; seconded by Jonas Hill. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of June 17, 2026
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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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Legislative Operating Committee
July 1, 2026
Boards, Committees, and Commissions
Law Amendments
Submission Date: 2/7/2024
LOC Sponsor: Kirby Metoxen
Public Meeting: 6/11/2026
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on February 7, 2024. On January 10, 2024,
the Oneida Business Committee adopted a motion to defer the Board, Committees, Commissions law
to the Legislative Operating Committee for a revision of the eligibility on the Board, Committees,
Commissions law for any and all veterans to serve on any and all veteran related committees and to
have open eligibility with no exclusions.
1/10/24 OBC: Motion by Lawrence Barton to defer the Board, Committees, Commissions law to the
Legislative Operating Committee for a revision of the eligibility on the Board,
Committees, Commissions law for any and all veterans to serve on any and all veterans
related committees to have open eligibility with no exclusions, seconded by Jennifer
Webster. Motion carried.
2/7/24 LOC: Motion by Jennifer Webster to add the Boards, Committees, and Commissions law
amendments to the Active Files List with Kirby Metoxen as the sponsor; seconded by
Jonas Hill. Motion carried unanimously.
2/20/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen Clorissa Leeman,
Grace Elliott, Lisa Summers, Shannon Davis, Kristal Hill, Maureen Perkins, Fawn
Billie. The purpose of this work meeting was for the LOC to review the Boards,
Committees, and Commissions law with the Government Administrative Office and
discuss potential amendments to be made to the law.
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 what topics should be included on the
December 2024 LOC community meeting. Ultimately, the LOC decided to include the
topics of the Marijuana law, Short Term Rental law, and Boards, Committees, and
Commissions law amendments.
11/6/24 LOC: Motion by Kirby Metoxen to approve the Legislative Operating Committee community
meeting notice and schedule the community meeting to take place on December 4,
2024; seconded by Marlon Skenandore. Motion carried unanimously.
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11/14/24:
Work Meeting. Present: Lisa Summers, Brooke Doxtator, Shannon Davis, Amber
Martinez, Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore, Kristal
Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie, Carolyn Salutz. The purpose of this
work meeting was to start fresh with reviewing this law for amendments, so we started
from the beginning with a line-by-line review. We reviewed the law up to section
105.11. Jenny suggested for the next meeting, we schedule 1.5 hours; we did go over
one hour, and this is a lengthy law.
12/4/24:
Community Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore,
Jennifer Webster, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell.
Maureen Perkins, Kristal Hill. A community meeting was held from 5:30-7:30p.m. in
the cafeteria of the Norbert Hill Center, this law was one of three laws presented for
community input.
2/7/25:
Work Meeting. Present: Mark Powless, Brooke Doxtator, Shannon Davis, Amber
Martinez, Krystal John, Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby
Metoxen, Jennifer Webster, Carolyn Salutz. The purpose of this work meeting was to
finish a line-by-line review of the law, starting where we finished at the last work
meeting. We started at Section 105.11 and were able to finish a line-by-line review of
the entire law.
5/21/25:
Work Meeting. Present: Mark Powless, Brooke Doxtator, Shannon Davis, Amber
Martinez, Krystal John, Lisa Summers, Jameson Wilson, Jonas Hill, Marlon
Skenandore. Kirby Metoxen, Jennifer Webster, Clorissa Leeman, Grace Elliott,
Carolyn Salutz, Kristal Hill, Fawn Cottrell. The purpose of this work meeting was to
continue reviewing for potential amendments by doing another read-through. We did a
line-by-line read through, stopping at section 105.15.
9/12/25:
Work Meeting. Present; Jennifer Webster, Kirby Metoxen, Lisa Summers, Brooke
Doxtator, Shannon Davis, Amber Martinez, Krystal John, Fawn Billie, Fawn Cottrell,
Grace Elliott, Carolyn Salutz. The purpose of this meeting was to continue reviewing
edits. Group did not do a read-through, instead we stopped and discussed specific
sections. Lisa said she and her team were meeting to discuss what we currently have as
section 105.10 Other Responsibilities. Krystal mentioned that I should double check
the draft of Sanctions and Penalties to cross reference penalties for noncompliance.
10/27/25:
Work Meeting. Present: Lisa Summers, Brooke Doxtator, Rhiannon Metoxen, Kristal
Hill, Fawn Cottrell, Carolyn Salutz. The purpose of this work meeting was to discuss
section 205.10 Other Responsibilities. Lisa Summers wrote suggested language in the
chat. Lisa and Brooke had a few other changes – things we changed during the meeting.
2/3/26:
Work Meeting. Present: Brooke Doxtator, Krystal John, Grace Elliott, Kirby Metoxen,
Jameson Wilson, Jennifer Webster, Jonas Hill, Shannon Davis, Mark Powless. The
purpose of this work meeting was to review the newest amendments; the amendments
now incorporate reference to Standards of Conduct, standards that are currently found
in the Code of Ethics law, but on 1/29/26 the LOC made a policy decision to remove
BCCs from the Code of Ethics law and in response, those behavioral expectations will
need to be found in this law.
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2/26/26:
Work Meeting. Present: Brooke Doxtator, Krystal John, Grace Elliott, Kirby Metoxen,
Jameson Wilson, Shannon Davis, Fawn Cottrell, Fawn Billie, Bonnie Pigman. The
purpose of this work meeting was to review the newest amendments. The group spent
majority of the work meeting discussing enforcement.
3/13/26:
Work Meeting. Present: Brooke Doxtator, Shannon Davis, Kirby Metoxen, Jennifer
Webster, Jonas Hill, Grace Elliott, Carolyn Salutz. LOC members present approved
amendments.
3/18/26 LOC: Motion by Jennifer Webster to accept the draft and direct a legislative analysis be
completed, seconded by Kirby Metoxen; motion carried unanimously.
4/15/26 LOC: Motion by Jennifer Webster to approve the draft and the legislative analysis, seconded
by Jonas Hill; motion carried unanimously.
5/06/26 LOC: Motion by Jennifer Webster to approve the public meeting packet and schedule a public
meeting to be held on June 11, 2026, seconded by Jonas Hill; motion carried
unanimously.
6/11/26:
Public Meeting Held. Three (3) individuals provided oral comments during the
public meeting.
6/18/26:
Public Comment Period Closed. No individuals provided written comments during
the public comment period.
Next Steps:
▪ Accept the public comment memorandum and defer to a work meeting for further
consideration.
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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:
Legislative Operating Committee (LOC)
Carolyn Salutz, Legislative Reference Office, Staff
Attorney
July 1, 2026
Boards, Committees, and Commissions Law
Amendments: Public Comment Review
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/s/ Carolyn Salutz
On June 11, 2026, a public meeting was held regarding the proposed amendments to the Boards,
Committees, and Commissions law. Three (3) comments were made during the public meeting.
The public comment period was then held open until June 18, 2026. No written comments were
submitted during the comment period. This memorandum is submitted as a review of the
comments received during the public meeting and public comment period. The public meeting
draft and public meeting transcript received are attached to this memorandum for review.
Comment 1 – Selection of applicants
105.7. Appointment to an Entity
105.7-1. Appointment Selection. The following procedures shall be used to determine how the
applicant for an appointed position is selected:
(a) Within eight (8) business days after the posted deadline for submitting an
application, or within twenty-one (21) business days of the posted deadline if the entity
requires a background investigation to be completed as part of the application
process, the BCC Department shall:
(1) deliver all applications, along with a summary of qualifications to hold
office, and the results of the background investigation if required, to each
member of the Oneida Business Committee as well as the entity’s
Chairperson; and
(2) place the appointment for the entity on the next executive session portion
of the agenda of a regular or special Oneida Business Committee meeting in
which the appointment is intended to be made; or
(3) if delays in compiling the applications, summary of qualifications, or
results of any investigations exist, request additional time from the Oneida
Business Committee to complete requirements of section 105.7-1(a)(1)-(2).
(b) Each member of the Oneida Business Committee shall review the application
materials prior to executive session and be prepared to discuss and select an applicant
for appointment.
(1) The entity’s Chairperson may review the application materials and submit
a recommendation to the BCC Department to include in the application
materials to be reviewed by the Oneida Business Committee.
(A) The recommendation shall be submitted to the BCC Department in
accordance with the submission deadlines for the Oneida Business
Committee meeting in which the appointment is intended to be made.
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Sandra Skenandore (oral): My name is Sandra Skenandore and I'm the vice chairperson for the
Oneida Nation Commission on Aging. And the section I want to comment on is 105.7, appointment
to an entity on the boards, committees and commissions law. And it would be line. Add it to like
line 241. And my recommendation is to add each member of the entity shall review the applications
and prepare to discuss and select an applicant. And the entity's chairperson shall forward the
recommendation to the Oneida Business Committee. And the reason I, the reason I want to change
it to shall, I know at one point it was the chairperson shall review, it was changed to May. And the
reason I put shall is because on the Oneida Nation Commission on Aging, we have nine members.
And on our board, there's different needs. Like currently we have a need for representatives to
attend like state meetings and our bylaws and funding laws for the federal funds that go to the
state, they are required to get tribal input. And so for example, as my responsibility, I am on the
Brown County Aging and Disability Board. And I had to submit an application and reviewed it,
my qualifications. I was, they made a recommendation, it went to the county board. Now, as part
of my responsibilities on that board, we have to sign, we sign up for different responsibilities and
some of them can be testifying before the state. New representatives, and the one I chose is to help
with different activities going on at the center, so what we're looking at, I think the needs, the
current needs of our board, I don't know that the business committee is aware of them. We have,
right now we have two positions that we're looking for members to fill on our board and they're to
be on like statewide boards. And some of the responsibilities we have is like to the Alzheimer's
board. I'm on another board and we meet with the like we've already met with the program, the
Alzheimer's program. And so we have responsibilities. They asked us for input and to give and we
have, you know, letters. Now we're looking for grants because the state funding is gone. The
university that the funding was cut by 60% for research. So there's responsibilities like you have
to have writing skills, computer skills, meet with, they want you to meet with state representatives.
We meet with the chancellor. The chancellor came here last week. They asked us to provide input
on, you know, certain type of research. And we have a variety of groups. So our current needs on
this board, I'm not, you know, is something that is unique to us and each board is different. So
when we look at the applications, we're looking at who was able to meet these responsibilities and
and meet, you know, be on these state boards. It's different for each board. And I think as shall is
that we could have all of the members review the applications, we'd set up our qualifications. We
need somebody that can write, work on the strategic plan, work on the bylaws, review the laws,
represent us at with the serve as a representative with the University of Wisconsin, with state
representatives. And those are the type of things that we'd be looking at to meet our current need.
And I think our needs change, like, and then we also meet with the elders in the community. So
each one of our members serves a different purpose. And so I just feel that this would be the best
way to meet the current needs of the board by having the boards review them, look at the criteria,
set up criteria, review the applications and make the recommendation.
Thank you.
Response
Commenter recommends that every member of a board, committee, or commission should be
required to review all applications, discuss the current needs of the board, committee, or
commission, and select an applicant; which the Chairperson will then be required to forward to the
Oneida Business Committee. Commenter also mentions it is the board, committee, or commission
that is most aware of its current needs and the needs of each board, committee, or commission is
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different; and furthermore, each board, committee, or commission should be able to establish its
own requirements for applicants.
The law does require each entity to establish membership requirements in its bylaws. This
requirement is not a proposed amendment – it is currently in the law. Presumably, the law’s
requirement for the entity to establish its own requirements for membership necessarily includes
application requirements, applications to be appointed to serve on, and be a member of, a board,
committee, or commission.
The law also allows the Chairperson to review the application materials and allows the Chairperson
to submit a recommendation to the Oneida Business Committee. The law could be changed to
require the entire entity, rather than just the Chairperson, to review the applicants and require the
entire entity, rather than just the Chairperson, to submit a recommendation. Currently, the law
allows the Chairperson to review applicants and make a recommendation. The LOC could decide
to make reviewing applicant and submitting a recommendation, or both, done by the entire entity
and either, or both, could become obligations rather than options.
It is a policy determination for the LOC to make:
• Option 1: does the LOC want to require the entire entity, all members making up
quorum, rather than only the Chairperson, to review applicants and submit a
recommendation.
• Option 2: does the LOC want to require the entire entity, all members making up
quorum, rather than only the Chairperson, to review applicants, and allow the entire
entity, all members making up quorum, rather than only the Chairperson, to submit
a recommendation.
• Option 3: does the LOC want to keep the proposed amendments as is and only
change the option of reviewing and recommending applicants from something the
Chairperson is allowed to do to something the entire entity is allowed to do.
• Option 4: does the LOC want to keep the proposed amendments as is and not make
any changes, in which case the Chairperson will be allowed to review applicants
and allowed to submit a recommendation.
If the LOC determines option 1 is the best policy choice, language could look like:
The entity’s Chairperson may shall review the application materials and shall submit a
recommendation to the BCC Department to include in the application materials to be reviewed by
Business Committee Support Office a recommendation to the Oneida Business Committee. of an
applicant for appointment. [1 O.C. 105.7-1(b)(1)].
If the LOC determines option 2 is the best policy choice, language could look like:
The entity’s Chairperson may shall review the application materials and may submit a
recommendation to the BCC Department to include in the application materials to be reviewed by
Business Committee Support Office a recommendation to the Oneida Business Committee. of an
applicant for appointment. [1 O.C. 105.7-1(b)(1)].
If the LOC determines option 3 is the best policy choice, language could look like:
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The entity’s Chairperson may review the application materials and submit a recommendation to
the BCC Department to include in the application materials to be reviewed by to the Business
Committee Support Office a recommendation to the Oneida Business Committee. of an applicant
for appointment. [1 O.C. 105.7-1(b)(1)].
=============================-- ---------_____
If the LOC determines option 4 is the best choice, language could look like:
The entity’s Chairperson may review the application materials and submit a recommendation to
the BCC Department to include in the application materials to be reviewed by to the Business
Committee Support Office a recommendation to the Oneida Business Committee. of an applicant
for appointment. [1 O.C. 105.7-1(b)(1)].
The LRO’s suggested revision, based on this comment, is option 2, to require all entities to review
applicants and to allow all entities to make a recommendation. It is likely a good requirement to
have the entire entity, rather than just the Chairperson, review applicants. However, it may be
better to allow the entity to submit a recommendation rather than make it a requirement. If we
create a legal requirement, we also need to create repercussions if that requirement is not followed.
Therefore, the recommended change is to make reviewing applications a requirement of the entire
entity, and not just the Chairperson, and submitting a recommendation to the Oneida Business
Committee, from the entire entity, and not just the Chairperson, an option. The LRO recommends
the amended language of option 2.
LOC Consideration
Comment 2 – Selection of applicants
105.6. Vacancies
105.6-1. The manner by which an individual fills a vacancy, either through appointment or
election, shall determine that member’s status as an appointed or elected official, despite
the entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.
105.6-2. A position on an entity shall be considered vacant in the following situations:
(a) End of Term. A vacancy is effective as of 4:30 p.m. on the last day of the month in
which the term ends.
(1) Although a position is considered vacant once the term ends, the member
of the entity may remain in office until the member’s successor has been
sworn in by the Oneida Business Committee, provided that the position may
not be held by the predecessor for longer than sixty (60) business days, in an
effort to prevent a discontinuation of business or a loss of quorum for the
entity.
(b) Removal. Removal is effective, pursuant to any law or policy of the Nation
regarding removal.
(c) Termination of Appointment. A termination is effective upon a two-thirds (2/3)
majority vote of the Oneida Business Committee in favor of a member’s termination
of appointment.
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(d) Resignation. A resignation is effective upon:
(1) deliverance of a letter to the BCC Department and to the Chairperson of
the entity, or designee; or
(2) acceptance by motion of the entity of a verbal resignation; and
(3) certification and acceptance by the Secretary.
(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.
105.6-3. An entity shall notify the BCC Department as soon as the entity learns that a
position has or will become vacant. All notices of vacancy shall be sent to the entities for
clarification or confirmation prior to notification to the Oneida Business Committee.
105.6-4. The BCC Department shall forward the notice of vacancy to the Secretary. The
Secretary shall request and receive approval from the Oneida Business Committee to post
the notice of vacancy. The BCC Department shall post notice of vacancies at the following
times:
(a) End of Term. Automatically sixty (60) days prior to completion of the term.
(b) Removal. No later than the next Oneida Business Committee meeting following
the effective date of the removal.
(c) Resignation. No later than the next Oneida Business Committee meeting
following the BCC Department’s receipt of notice of an effective resignation from
the entity.
(d) New Positions. Upon one of the following conditions:
(1) if not specified, immediately upon the creation of an entity or the
adoption of bylaws, whichever is later; or
(2) upon the date specified when creating the entity.
(e) Termination of appointment. No later than the next Oneida Business Committee
meeting following the effective date of the termination.
105.6-5. Notice of vacancies shall be posted by the BCC Department in all official media
outlets of the Nation, as determined by the Oneida Business Committee, as well as any
other location deemed appropriate by the Secretary.
105.7. Appointment to an Entity
105.7-1. Appointment Selection. The following procedures shall be used to determine how
the applicant for an appointed position is selected:
(a) Within eight (8) business days after the posted deadline for submitting an
application, or within twenty-one (21) business days of the posted deadline if the
entity requires a background investigation to be completed as part of the application
process, the BCC Department shall:
(1) deliver all applications, along with a summary of qualifications to hold
office, and the results of the background investigation if required, to each
member of the Oneida Business Committee as well as the entity’s
Chairperson; and
(2) place the appointment for the entity on the next executive session portion
of the agenda of a regular or special Oneida Business Committee meeting in
which the appointment is intended to be made; or
(3) if delays in compiling the applications, summary of qualifications, or
results of any investigations exist, request additional time from the Oneida
Business Committee to complete requirements of section 105.7-1(a)(1)-(2).
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(b) Each member of the Oneida Business Committee shall review the application
materials prior to executive session and be prepared to discuss and select an
applicant for appointment.
(1) The entity’s Chairperson may review the application materials and
submit a recommendation to the BCC Department to include in the
application materials to be reviewed by the Oneida Business Committee.
(A) The recommendation shall be submitted to the BCC Department
in accordance with the submission deadlines for the Oneida Business
Committee meeting in which the appointment is intended to be made.
(c) The Oneida Business Committee shall have a full and complete discussion of the
merits and qualifications of the potential applicants and any recommendations
made by the Chairperson of the entity during executive session. After completing a
thorough discussion the Oneida Business Committee shall:
(1) select an applicant for appointment; or
(2) ask the Secretary to re-notice the vacancy because of ineligible,
unqualified, or under qualified applicants.
(d) All appointments shall be made by the Oneida Business Committee during the
open session of a regular or special Oneida Business Committee meeting. The
Oneida Business Committee shall not appoint an applicant who fails to meet the
requirements set out in the entity's bylaws.
(e) During the open session of the regular or special Oneida Business Committee
meeting, a member of the Oneida Business Committee may make a motion to
appoint an individual. Oneida Business Committee members may:
(1) accept the selected applicant and vote to appoint the individual to the
vacant position; or
(2) reject the selected applicant and vote to oppose the appointment.
(f) If the Oneida Business Committee rejects the selected applicant, the matter will
be deferred to the next Oneida Business Committee meeting where another
applicant may be recommended by the Oneida Business Committee or the Oneida
Business Committee may direct the vacancy to be re-posted. When a vacancy is reposted under this section, all applications from the first posting shall be considered
to have been filed within the deadline period.
105.7-2. Notification of Appointment. Once an individual is selected for appointment at an
Oneida Business Committee meeting, the Secretary shall notify all applicants of the final
status of their application.
(a) The Secretary shall include on the notice to the applicant selected for
appointment the following paragraph: “The Oneida Nation reports all income paid
by the Oneida Nation in whatever form. The Internal Revenue Service of the United
States considers stipends paid to members of boards, committees, and commissions
to be income which may be offset by expenses related to that income. You will
receive an income report which is also forwarded to the Internal Revenue Service, it
is also your responsibility to keep documentation of expenses related to this
income.”
105.7-3. Declination of Appointment. An individual who has been selected for appointment
to an entity by the Oneida Business Committee may decline the appointment.
(a) An individual may decline an appointment to an entity in the following ways:
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(1) delivery of a letter to the BCC Department stating that the individual
wishes to decline the appointment; or
(2) failure to take the oath of office within thirty (30) days or within two (2)
regularly scheduled Oneida Business Committee meetings of being selected
for appointment by the Oneida Business Committee.
(b) The BCC Department shall notify the Oneida Business Committee if an
individual declines an appointment to an entity. The Oneida Business Committee
shall then use the original pool of applications for the vacancy posting and the
process outlined in section 105.7-1 to select another applicant for appointment.
Mary Loeffler (oral): I guess my comment is when I was reading over, oh, my name is Mary
Loeffler. I'm on the ONCOA board. I was reading under Line number 269. Page 7. 105.7
appointment to an entity. Okay, so I underlined. If the Oneida Business Committee rejects the
selected applicant, the matter will be deferred to the next Oneida Business Committee meeting,
where another applicant may be recommended by the Oneida Business Committee, or the Oneida
Business Committee may direct the vacancy to be reposted. Well, that wasn't done. I mean,
under recent events. When a vacancy is reposted, all applications from the first posting shall be
considered to have been filed within the deadline period. Notification, and it goes on to say.
Other things about that, but I am just curious. Did we agree to repost? Is sending the matter to
the election board considered a reposting? Well, because you, when it's going to the election
board, right, to be voted on by General Tribal Council at some point. But, according to... Line
268 and 69, the United Business Committee may direct the vacancy to be reposted. But... is
someone else?
OK, so that was my question about making a decision, us making a decision whether we were
going to postpone it to the next, after the election, right, the new board. But according to this,
and according to the beginning, where it says, you must adhere to all to be consistent and have
standard procedures for choosing and appointing or electing the most qualified individuals.
If they meet the requirements for the appointment, which you did say, right, is that okay if I use
our recent as an example?
Jonas: I believe that was executive session, so that is confidential.
Mary: Okay. So, script all that, right? Okay, so all my question is... if the Oneida Business
Committee may direct the vacancy to be reposted, and it isn't reposted, but instead an alternative
option is given. What has to be the reason for going against the reposting? I'm assuming the
reposting means that they will all come up for election after July. Is that is that correct?
OK, so I guess that I'm just bringing that to the forefront as one of my concerns about the way
this is written. So, I guess like to help you assist you a little bit is like how can there be a
consistent process followed that the business committee follows or a procedure in when it comes
to selecting qualified applicants? Yes, if I hear you right. That would be yes. Okay. That's what
I'm trying to say. Thank you.
Response
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Commenter questions the Oneida Business Committee’s process for determining and reposting a
vacancy when, for example, the Oneida Business Committee has been presented with applicants
and a recommendation for an applicant’s appointment to a board, committee, or commission, but
does not select the applicant and instead determines to repost the position as a vacancy but the
vacancy is not reposted properly. Commenter also believes there should be a consistent process
and procedure for the Oneida Business Committee to follow when selecting qualified applicants.
No reason for or against the selection of applicants is required to be made or be made publicly
available by the Oneida Business Committee. The law allows the Oneida Business Committee’s
discussion and selection to be done in executive session, only the actual, formal appointment is
required to be done during the open session of an Oneida Business Committee meeting.
Currently, the law mandates that the Oneida Business Committee shall not select an applicant
that fails to meet the requirements of that entity, as established in the entity’s bylaws. [105.71(d)]. The exact provision reads: “The Oneida Business Committee shall not appoint an
applicant who fails to meet the requirements set out in the entity's bylaws.” [Id].
Currently, the law does mandate a consistent process and procedure for the Oneida Business
Committee to follow when rejecting applicants. The law and the proposed amendments do not
contain a process and procedure for the Oneida Business Committee to follow when selecting an
applicant.
Because the discussion and selection of applicants is done in executive session, it may not be
appropriate to include procedures in the law regarding how the Oneida Business Committee is
required to review, discuss, and ultimately select an applicant or decide to repost for a vacancy.
The processes and procedures for the Oneida Business Committee to follow when selecting and
appointing an applicant are internal and done in executive session; the Oneida Business
Committee is currently required to reject any applicant who fails to meet the requirements of the
board, committee, or commission as established in that board, committee, or commission’s
bylaws; therefore, there is no recommended revision to the proposed amendments to the Law
based on this comment. If the LOC decides they are in favor of having more formalized,
solidified requirements, the most appropriate option may be including a requirement in the
adopting resolution for the Oneida Business Committee to adopt an internal standard operating
procedure regarding the discussion and selection or rejection of applicants to serve on a board,
committee, or commission of the Nation.
Regarding vacancies, the proposed amendments do contain a process and procedure for the
Oneida Business Committee to follow when it determines a vacancy. Currently, the proposed
amendments require an entity to notify the Boards, Committees, and Commissions Department
as soon as the entity learns that a position has or will become vacant. The Boards, Committees,
and Commissions Department is required to forward notice of the vacancy to the Secretary.
Then, the Secretary requests approval from the entire Oneida Business Committee to direct the
Boards, Committees, and Commissions Department to post the vacancy and the law identifies
specific times when the notice of vacancy must be posted. Additionally, the proposed
amendments contain five instances where a vacancy must be found and posted.
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The law does not have a process or procedure to challenge any supposed failure of the Oneida
Business Committee to repost a vacancy or a supposed failure to direct that a vacancy be
reposted. If anyone wishes to discuss or challenge the Oneida Business Committee’s supposed
failure to determine and direct the reposting of a vacancy, the best and most appropriate option
may be to contact the Boards, Committees, and Commissions Department. There is no
recommended revision to the law based on this comment.
LOC consideration
Comment 3 – Selection of applicants
105.6. Vacancies
105.6-1. The manner by which an individual fills a vacancy, either through appointment or
election, shall determine that member’s status as an appointed or elected official, despite
the entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.
105.6-2. A position on an entity shall be considered vacant in the following situations:
(a) End of Term. A vacancy is effective as of 4:30 p.m. on the last day of the month in
which the term ends.
(1) Although a position is considered vacant once the term ends, the member
of the entity may remain in office until the member’s successor has been
sworn in by the Oneida Business Committee, provided that the position may
not be held by the predecessor for longer than sixty (60) business days, in an
effort to prevent a discontinuation of business or a loss of quorum for the
entity.
(b) Removal. Removal is effective, pursuant to any law or policy of the Nation
regarding removal.
(c) Termination of Appointment. A termination is effective upon a two-thirds (2/3)
majority vote of the Oneida Business Committee in favor of a member’s termination
of appointment.
(d) Resignation. A resignation is effective upon:
(1) deliverance of a letter to the BCC Department and to the Chairperson of
the entity, or designee; or
(2) acceptance by motion of the entity of a verbal resignation; and
(3) certification and acceptance by the Secretary.
(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.
105.6-3. An entity shall notify the BCC Department as soon as the entity learns that a
position has or will become vacant. All notices of vacancy shall be sent to the entities for
clarification or confirmation prior to notification to the Oneida Business Committee.
105.6-4. The BCC Department shall forward the notice of vacancy to the Secretary. The
Secretary shall request and receive approval from the Oneida Business Committee to post
the notice of vacancy. The BCC Department shall post notice of vacancies at the following
times:
(a) End of Term. Automatically sixty (60) days prior to completion of the term.
(b) Removal. No later than the next Oneida Business Committee meeting following
the effective date of the removal.
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(c) Resignation. No later than the next Oneida Business Committee meeting
following the BCC Department’s receipt of notice of an effective resignation from
the entity.
(d) New Positions. Upon one of the following conditions:
(1) if not specified, immediately upon the creation of an entity or the
adoption of bylaws, whichever is later; or
(2) upon the date specified when creating the entity.
(e) Termination of appointment. No later than the next Oneida Business Committee
meeting following the effective date of the termination.
105.6-5. Notice of vacancies shall be posted by the BCC Department in all official media
outlets of the Nation, as determined by the Oneida Business Committee, as well as any
other location deemed appropriate by the Secretary.
105.7. Appointment to an Entity
105.7-1. Appointment Selection. The following procedures shall be used to determine how
the applicant for an appointed position is selected:
(a) Within eight (8) business days after the posted deadline for submitting an
application, or within twenty-one (21) business days of the posted deadline if the
entity requires a background investigation to be completed as part of the application
process, the BCC Department shall:
(1) deliver all applications, along with a summary of qualifications to hold
office, and the results of the background investigation if required, to each
member of the Oneida Business Committee as well as the entity’s
Chairperson; and
(2) place the appointment for the entity on the next executive session portion
of the agenda of a regular or special Oneida Business Committee meeting in
which the appointment is intended to be made; or
(3) if delays in compiling the applications, summary of qualifications, or
results of any investigations exist, request additional time from the Oneida
Business Committee to complete requirements of section 105.7-1(a)(1)-(2).
(b) Each member of the Oneida Business Committee shall review the application
materials prior to executive session and be prepared to discuss and select an
applicant for appointment.
(1) The entity’s Chairperson may review the application materials and
submit a recommendation to the BCC Department to include in the
application materials to be reviewed by the Oneida Business Committee.
(A) The recommendation shall be submitted to the BCC Department
in accordance with the submission deadlines for the Oneida Business
Committee meeting in which the appointment is intended to be made.
(c) The Oneida Business Committee shall have a full and complete discussion of the
merits and qualifications of the potential applicants and any recommendations
made by the Chairperson of the entity during executive session. After completing a
thorough discussion the Oneida Business Committee shall:
(1) select an applicant for appointment; or
(2) ask the Secretary to re-notice the vacancy because of ineligible,
unqualified, or under qualified applicants.
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(d) All appointments shall be made by the Oneida Business Committee during the
open session of a regular or special Oneida Business Committee meeting. The
Oneida Business Committee shall not appoint an applicant who fails to meet the
requirements set out in the entity's bylaws.
(e) During the open session of the regular or special Oneida Business Committee
meeting, a member of the Oneida Business Committee may make a motion to
appoint an individual. Oneida Business Committee members may:
(1) accept the selected applicant and vote to appoint the individual to the
vacant position; or
(2) reject the selected applicant and vote to oppose the appointment.
(f) If the Oneida Business Committee rejects the selected applicant, the matter will
be deferred to the next Oneida Business Committee meeting where another
applicant may be recommended by the Oneida Business Committee or the Oneida
Business Committee may direct the vacancy to be re-posted. When a vacancy is reposted under this section, all applications from the first posting shall be considered
to have been filed within the deadline period.
105.7-2. Notification of Appointment. Once an individual is selected for appointment at an
Oneida Business Committee meeting, the Secretary shall notify all applicants of the final
status of their application.
(a) The Secretary shall include on the notice to the applicant selected for
appointment the following paragraph: “The Oneida Nation reports all income paid
by the Oneida Nation in whatever form. The Internal Revenue Service of the United
States considers stipends paid to members of boards, committees, and commissions
to be income which may be offset by expenses related to that income. You will
receive an income report which is also forwarded to the Internal Revenue Service, it
is also your responsibility to keep documentation of expenses related to this
income.”
105.7-3. Declination of Appointment. An individual who has been selected for appointment
to an entity by the Oneida Business Committee may decline the appointment.
(a) An individual may decline an appointment to an entity in the following ways:
(1) delivery of a letter to the BCC Department stating that the individual
wishes to decline the appointment; or
(2) failure to take the oath of office within thirty (30) days or within two (2)
regularly scheduled Oneida Business Committee meetings of being selected
for appointment by the Oneida Business Committee.
(b) The BCC Department shall notify the Oneida Business Committee if an
individual declines an appointment to an entity. The Oneida Business Committee
shall then use the original pool of applications for the vacancy posting and the
process outlined in section 105.7-1 to select another applicant for appointment.
Sidney J. White (oral): Okay, sure. Thanks. My name is Sid White. I am the chair currently for
the Oneida Land Commission. I'll be wrapping up my second term. I think if we're looking at the
boards, committees and commission laws, I do agree that we probably could maybe clarify
filling vacancies a little bit more, a little bit better. We've had vacancies that we've had to fill. I
did read the law and we did follow the law. I think for me, I do appreciate when I was in the role
of a commissioner, being able to provide feedback to the applicants. I've seen it like a couple
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different ways. And, you know, I think when I'm the chair is what I do is I bring the applicants
and discuss it in executive session with our commissioners to get a consensus of of what our
recommendation is. I've also experienced where the chairperson just goes ahead and makes the
recommendation without discussing to the existing commissioners. I think the other thing that I
had is, you know, I understand that it's up to the business committee. to, you know, ensure they
pick who they want, I guess, for the boards, committees and commissioners. I did have some
concerns in that when I did forward a recommendation in discussions, a person indicated that
they didn't receive the recommendation. So, I think for me, you know, I appreciate like the input
of having, you know, of all the people that are available. I don't think I would change the law to
say that all of them there, but maybe whoever is present at that meeting in a quorum, because if,
you know, we have like one or two or three people missing, you know, I don't want to say we're
going to hold this up because, you know, they didn't provide their input. So that's just my
comments is I would like to see a little bit consistency. As far as the boards, committees and
commissions, I understand the guidelines that the chair makes, the chairperson makes the
recommendation. I would like to ensure that the chairperson also receives input for whoever's
serving in those roles with them. And that's something that I ensure we do as a current
chairperson. It's not to say that the next chairperson will have a different method of just saying,
well, I'll make the decision or the recommendation for it along. Thank you for considering.
Appreciate it.
Response
The commenter would like to see the law have a clearer process for filling vacancies.
Commenter also believes the entity should review and discuss applicants at a meeting of the
entity, where at least quorum is met, in order for members of the entity to provide the
Chairperson with input on applicants.
Regarding vacancies, currently, the proposed amendments require an entity to notify the BCC
Department as soon as the entity learns that a position has or will become vacant. The BCC
Department is required to forward notice of the vacancy to the Secretary. Then, the Secretary
requests approval from the entire Oneida Business Committee to post the vacancy and the law
identifies specific times when the notice of vacancy must be posted. Currently, the law also
requires all entities, to establish in their bylaws, a requirement for how vacancies of that entity
will be filled. The law already contains a process and procedure for filling vacancies and a
requirement for all entities, in their bylaws, to establish requirements for how vacancies will be
filled; therefore, there is no recommended revision to the law based on that comment.
Commenter goes on to discuss reviewing applicants, in general, in a way that seems to indicate
the commenter’s concerns regarding vacancies are about discussing applicants and filling
positions. In which case, the LOC may decide to amend the law to require the entire entity to
meet and review applicants; the law could be amended like it was suggested to be amended after
the first comment. Because the comment regarding filling vacancies and discussing and
recommending applicants seems to indicate a revision similar to the suggested revision in the
first comment, there is no further recommended revision to the law based on this comment; the
law could be amended as it was recommended by the LRO following the first comment;
amended as follows:
A good mind. A good heart. A strong fire.
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The entity’s Chairperson may shall review the application materials and may submit a
recommendation to the BCC Department to be included in the application materials to be
reviewed by to the Business Committee Support Office a recommendation to the Oneida
Business Committee. of an applicant for appointment. [1 O.C. 105.7-1(b)(1)].
LOC consideration
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
LEGISLATIVE OPERATING COMMITTEE
PUBLIC MEETING
Ten day Notice Policy Amendments
Boards, Committees, and Commissions Law Amendments
Norbert Hill Center Business Committee Conference Room and Microsoft Teams
June 11, 2026
12:15 p.m.
Present: Jonas Hill, Carolyn Salutz, Sandra Skenandore, Mary Loeffler
Present on Microsoft Teams: Sidney White, Peggy Helm-Quest, Nathan Maufort, Ralinda
Ninham-Lamberies, Melanie Burkhart, Jean Olson, Rae Skenandore, Jason Martinez, Brooke
Doxtator, Terri Schiltz, Mkedemkokwe Montgomery, Sarah White, Sharon Mousseau
Jonas: Good afternoon. The time is 12:16 p.m. And today's date is Thursday, June 11th, 2026. I
will now call to order the public meeting for the following two pieces of proposed legislation: 10
day notice policy amendments, boards, committees and commissions 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-andanswer 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,
interofference mail, email, or fax as provided on the public meeting notice. These comments
must be received by the close of business on Thursday, June 18th, 2026. In attendance from the
LOC is myself, Jonas Hill. The LOC may impose a time limit for all speakers pursuant to
Section 109.8-3C of the Legislative Procedures Act. As the presiding LOC member, I am
imposing a time limit of 5 minutes per person. This time limit shall be applied equally to all
persons. We will now begin today's public meeting for the two proposed legislative items.
First, we will be accepting comments on the 10-day notice policy amendments. The purpose of
the 10-day notice policy is to provide how, when, and what types of items require notice to
General Tribal Council. The 10-day notice policy amendments will redefine what it means to
provide notice to membership of a scheduled General Tribal Council meeting. Require the nation
to mail all eligible members notice of every General Tribal Council meeting. The mailed notice
will contain information regarding the upcoming meeting such as the agenda, location, date, and
time. Require the Nation's Trust and Enrollments Department to mail all eligible members or all
members who will be eligible on or after the anticipated dates of the annual and semi-annual
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meetings. Instructions for that matter, member, to follow regarding how that member prefers to
receive media materials for the next year. Require all eligible members to select to receive
General Tribal Council media materials by either online access through the Members Only portal
on the Nation's website or by selecting to receive in-mail a mailed paper packet. Require the
meeting materials to be posted online as soon as they are approved by the Business Committee,
but no later than 30 days before a General Tribal Council meeting. Require a member who has
selected to receive a paper packet in the mail to receive the packet at least 15 days before. for a
General Tribal Council meeting. Require the Business Committee to post any new information it
receives that the General Tribal Council must consider. Require that any presentation shall only
be based on information included in the meeting materials or any new information that was
properly posted and make other drafting changes to the law.
We will also be accepting comments on the boards, committees, and commissions law
amendments. The purpose of the boards, committees, and commissions law is to govern boards,
committees, and commissions of the nation, including the procedures regarding the appointment
and election of individuals to boards, committees, and commissions, creation of bylaws,
maintenance of official records, compensation to establish clear standards of conduct, and other
items related to boards, committees, and commissions. The boards, committees, and
commissions law amendments will clarify it is the policy of the nation that appointed and elected
individuals serving on a board committee or commission of the Nation carry themselves in a way
that brings honor to the Oneida people and government. Clarify the Oneida Business Committee
or designee shall be responsible for drafting the initial bylaws and the Oneida Business
Committee will approve the initial bylaws. Clarify the responsibilities of the boards, committees,
commissions, department including responsibilities once managed by the Business Committee
Support Office and managing off-boarding procedures for when a member leaves an entity.
Clarify all entities must be in compliance with the nation's travel policies. Clarify all entities
must address conflict resolution and leaves of absence in their bylaws. Clarify all entities must
include a procedure for withholding a member stipend in their bylaws. Clarify standards of
conduct such as good mind, cultural accountability, prohibited conduct, attendance and meeting
conduct, nepotism, gifts and honorarium, and fair dealing and impartiality. Clarify how the
Nation will manage actual or implied conflicts of interest, including the creation and
maintenance of annual and as needed disclosure forms. Add a requirement that all members shall
submit disclosure forms annually and within a reasonable time frame time after a conflict arises
or becomes known. Clarify all entities may develop an internal conflict of interest mitigation
plan for eligible and consultation with the Oneida Law Office, the Nation's Human Resources
Department, and other departments of the nation as needed. Clarify which positions may not be
eligible to serve on an appointed or elected board because of the potential or an actual or implied
conflict of interest. Clarify that members have been ongoing duty to disclose and shall promptly
disclose and comply with the requirements of a conflict of interest mitigation plan, clarify
enforcement provisions, include appeal rights, if applicable, a member shall have the right to
appeal an enforcement action pursuant to the requirements and procedures regarding appeals of
the law of the law under which the member received a sanction or penalty, various grammatical
changes, and other minor changes throughout the law.
Those who wish to speak, please raise your hand, please state your name when making a
comment, and which law you were commenting on.
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A good mind. A good heart. A strong fire.
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First up to speak is...
And then please just state your name for the record.
Sandra Skenandore: My name is Sandra Skenandore and I'm the vice chairperson for the
United Nation Commission on Aging. And the section I want to comment on is 105.7,
appointment to an entity on the boards, committees and commissions law. And it would be line.
Add it to like line 241. And my recommendation is to add each member of the entity shall review
the applications and prepare to discuss and select an applicant. And the entity's chairperson shall
forward the recommendation to the Oneida Business Committee. And the reason I, the reason I
want to change it to shall, I know at one point it was the chairperson shall review, it was changed
to May. And the reason I put shall is because on the United Nation Commission on Asia, we
have nine members. And on our board, there's different needs. Like currently we have a need for
representatives to attend like state meetings and our bylaws and funding laws for the federal
funds that go to the state, they are required to get tribal input. And so for example, as my
responsibility, I am on the Brown County Aging and Disability Board. And I had to submit an
application and reviewed it, my qualifications. I was, they made a recommendation, it went to
the county board. Now, as part of my responsibilities on that board, we have to sign, we sign up
for different responsibilities and some of them can be testifying before the state. New
representatives, and the one I chose is to help with different activities going on at the center, so
what we're looking at, I think the needs, the current needs of our board, I don't know that the
business committee is aware of them. We have, right now we have two positions that we're
looking for members to fill on our board and they're to be on like statewide boards.
And some of the responsibilities we have is like to the Alzheimer's board. I'm on another board
and we meet with the like we've already met with the program, the Alzheimer's program. And so
we have responsibilities. They asked us for input and to give and we have, you know, letters.
Now we're looking for grants because the state funding is gone. The university that the funding
was cut by 60% for research. So there's responsibilities like you have to have writing skills,
computer skills, meet with, they want you to meet with state representatives. We meet with the
chancellor. The chancellor came here last week. They asked us to provide input on, you know,
certain type of research. And we have a variety of groups. So our current needs on this board, I'm
not, you know, is something that is unique to us and each board is different. So when we look at
the applications, we're looking at who was able to meet these responsibilities and and meet, you
know, be on these state boards. It's different for each board. And I think as Shell is that we could
have all of the members review the applications, we'd set up our qualifications. We need
somebody that can write, work on the strategic plan, work on the bylaws, review the laws,
represent us at with the serve as a representative with the University of Wisconsin, with state
representatives. And those are the type of things that we'd be looking at to meet our current need.
And I think... Our needs change, like, and then we also meet with the elders in the community.
So each one of our members serves a different purpose. And so I just feel that this would be the
best way to meet the current needs of the board by having the boards review them, look at the
criteria, set up criteria, review the applications and make the recommendation.
Thank you.
Jonas: Thank you.
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OOOOOCJa
A good mind. A good heart. A strong fire.
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Mary Loeffler: I guess my comment is. When I was reading over... oh, my name is Mary
Loeffler. I'm on the ONCOA board. I was reading under Line number 269. Page 7. 105.7
appointment to an entity. OK, so I underlined. If the Oneida Business Committee rejects the
selected applicant, the matter will be deferred to the next Oneida Business Committee meeting,
where another applicant may be recommended by the Oneida Business Committee, or the Oneida
Business Committee may direct the vacancy to be reposted. Well, that wasn't done. I mean,
under recent events. When a vacancy is reposted, all applications from the first posting shall be
considered to have been filed within the deadline period. Notification, and it goes on to say.
Other things about that, but I am just curious. Did we agree to repost is sending? The matter to
the election board considered a reposting. Well, because you, when it's going to the election
board, right, to be voted on by General Tribal Council at some point. But, according to line 268
and 69, the United Business Committee may direct the vacancy to be reposted. But... is someone
else?
Ralinda: It was just told to come up in, so I can't hear me.
Jonas: I do, but this is a public meeting. Can anybody online hear us?
Sidney J. White: Councilman, I can hear you. Thank you.
Jonas: Yeah. All right, let's see what I can do. Have these guys fix it. Apologies. Right, so wait,
so, Sid you can hear us? All right, could everybody, did everybody hear me read the opening
dialogue? Okay. So everybody heard the public comment then as well. Okay. Must just be
Ralinda. Okay, thank you. Yes. I called you. I apologize. Okay, sounds like everybody was heard
that opening, so it must be that it must be your computer. It must be your computer because it
sounds like everybody heard. Yeah.
Mary: OK, so that was my question about making a decision, us making a decision whether we
were going to postpone it to the next, after the election, right, the new board. But according to
this, and according to the beginning, where it says, you must adhere to all to be consistent and
have standard procedures for choosing and appointing or electing the most qualified individuals.
If they meet the requirements for the appointment, which you did say, right, is that okay if I use
our recent as an example? I believe that was executive session, so that is confidential. Okay.
So, script all that, right? Okay, so all my question is if the United Business Committee may
direct the vacancy to be reposted, and it isn't reposted, but instead. An alternative option is given.
What has to be the reason for going against the reposting? I'm assuming the reposting means that
they will all come up for election after July. Is that is that correct?
Jonas: And just to remind you that these public comment listening sessions are more of a
listening session. It's not a like I can't. OK, so it's not a question. I can't answer.
Mary: OK, so I guess that I'm just bringing that to the forefront as one of my concerns about the
way this is written. So, I guess like to help you assist you a little bit is like how can there be a
consistent process followed that the business committee follows or a procedure in when it comes
to selecting qualified applicants? Yes, if I hear you right. That would be yes. Okay. That's what
I'm trying to say. Thank you.
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OOOOOCJa
A good mind. A good heart. A strong fire.
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Jonas: Thank you, Mary.
Doctor White online.
Sidney J. White: Hello, I was just, can you hear me? I just want to make sure. If you're able to
hear me, I know you're having issues.
Jonas: Yeah, just one second here. We don't have volume in the room. Chris, are you upstairs?
Can you hear that? We don't have volume in the room. All right; I will reach back out to the
guys. So, we got our computers on loudy phone. You, you want to say them out loud? We can
hear it.
Sidney J. White: Okay, sure. Thanks. My name is Sid White. I am the chair currently for the
Oneida Land Commission. I'll be wrapping up my second term. I think if we're looking at the
boards, committees and commission laws, I do agree that we probably could maybe clarify
filling vacancies a little bit more, a little bit better. We've had vacancies that we've had to fill. I
did read the law and we did follow the law. I think for me, I do appreciate when I was in the role
of a commissioner, being able to provide feedback to the applicants. I've seen it like a couple
different ways. And, you know, I think when I'm the chair is what I do is I bring the applicants
and discuss it in executive session with our commissioners to get a consensus of of what our
recommendation is. I've also experienced where the chairperson just goes ahead and makes the
recommendation without discussing to the existing commissioners. I think the other thing that I
had is, you know, I understand that it's up to the business committee. to, you know, ensure they
pick who they want, I guess, for the boards, committees and commissioners. I did have some
concerns in that when I did forward a recommendation in discussions, a person indicated that
they didn't receive the recommendation. So, I think for me, you know, I appreciate like the input
of having, you know, of all the people that are available. I don't think I would change the law to
say that all of them there, but maybe whoever is present at that meeting in a quorum, because if,
you know, we have like one or two or three people missing, you know, I don't want to say we're
going to hold this up because, you know, they didn't. provide their input. So that's just my
comments is I would like to see a little bit consistency. As far as the boards, committees and
commissions, I understand the guidelines that the chair makes, the chairperson makes the
recommendation. I would like to ensure that the chairperson also receives input for whoever's
serving in those roles with them. And that's something that I ensure we do as a current
chairperson. It's not to say that the next chairperson will have a different method of just saying,
well, I'll make the decision or the recommendation for it along. Thank you for considering.
Appreciate it.
Jonas:
Thank you, Dr. White.
Is there anyone else online that would like to make a comment?
Last call.
With there being no more speakers, the public comment or public meeting for the proposed 10- ~
OOOOOCJa
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of June 11, 2026
Page 5 of 6
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day notice policy amendments and the board's committees and commissions law amendments is
now closed at 12:40 p.m.
Written comments may be submitted until close of business on Thursday, June 18th, 2026.
Thank you for everyone for your participation. Have a great day. Thank you.
-End of Transcript-
~
OOOOOCJa
A good mind. A good heart. A strong fire.
LOC Public Meeting Transcript of June 11, 2026
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Title 1. Government and Finances – Chapter 105
Laotiyanlsh&ha k<tyohkway<=t&=se>
Their laws of the groups we have
BOARDS, COMMITTEES, AND COMMISSIONS
105.1. Purpose and Policy
105.2. Adoption, Amendment, Repeal
105.3. Definitions
105.4. Creation of an Entity
105.5. Applications
105.6. Vacancies
105.7. Appointment to an Entity
105.8. Election to an Entity
105.9. Oath of Office
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105.10. Other Responsibilities
105.11. Bylaws
105.121 Electronic Polling
105.132. Reporting Requirements
105.143. Stipends, Reimbursement and Compensation
105.154. Official Oneida Nation Email Address
105.16. Standards of Conduct
Confidential Information
105.15. Conflicts of Interest
105.176. Use of the Nation’s Assets
105.187. Dissolution of an Entity
105.198. Enforcement
______________________________________________________________________________
105.1. Purpose and Policy
105.1-1. Purpose. It is the purpose of this law to govern boards, committees, and commissions of
the Nation, including the procedures regarding the appointment and election of individuals
persons to boards, committees, and commissions, creation of bylaws, maintenance of official
records, compensation, to establish clear standards of conduct, and other items related to boards,
committees, and commissions.
(a) This law shall not apply to the Oneida Business Committee, or standing committees
of the Oneida Business Committee.
(b) This law does not apply to Tribal corporations due to the corporate structure and
autonomy of those entities.
105.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for
choosing and appointing or electing the most qualified individuals persons to boards,
committees, and commissions, for creation of bylaws governing boards, committees, and
commissions, and for the maintenance of information created by, and for, boards, committees,
and commissions.
(a) It is further the policy of the Nation that appointed and elected individuals serving on
a board, committee, or commission of the Nation carry themselves in a way that brings
honor to the Oneida people and government. They shall walk with integrity, follow the
laws of the Nation, and uphold the highest standards of ethical conduct in all their duties.
All appointed and elected individuals shall strive to exhibit and uphold the Nation’s core
values of The Good Mind as expressed by On<yote>a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our
future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
105.2. Adoption, Amendment, Repeal
1 O.C. 105 – Page 1
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105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F
and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, BC-09-26-18-C, and BC-08-1220-B, and BC-__-___-___-__.
105.2-2. This law may be amended or repealed by the Oneida Business Committee or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
105.2-3. 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.
105.2-4. 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.
105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
105.3. Definitions
105.3-1. 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) "Application" means the form by which a person seeks to be appointed to fill a
vacancy on an entity.
(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an
entity by the Oneida Business Committee.
(c) “BCC Department” means the Boards, Committees, and Commissions Department.
(d) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding
holidays recognized by the Nation.
(ed) “Bylaws” means a document which provides a framework for the operation and
management of a board, committee, or commission of the Nation chiefly for the
government of its members and the regulation of its affairs.
(fe) “Conference” means any training, seminar, meeting, or other assembly of individuals
persons which is not an assembly of the entity.
(gf) “Confidential information” means all information or data, whether printed, written,
or oral, concerning business or customers of the Nation, disclosed to, acquired by, or
generated by a member of an entity in confidence at any time during their appointed or
elected elected or appointed term or during their employment.
(hg) “Conflict of interest” means any financial, personal, or political interest, actual or
implied real or apparent, whether it be personal, financial, political, or otherwise,= in
which an appointed or elected member or any member of their immediate family official,
officer, political appointee, employee, contractor, or appointed or elected member, or
their immediate family members, friends or associates, or any other person with whom
they havecontact,hasve that conflicts with any right of the Nation to property,
information, or any other right to own and operate activities free from undisclosed
competition or other violation of such rights of the Nation or to any transaction between
the Nation and an outside party. In addition, conflict of interest also means any financial
or familial interest an elected official, officer, political appointee, employee, contractor,
or appointed or elected member or their immediate family members may have in any
transaction between the Nation and an outside party.
1 O.C. 105 – Page 2
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(ih) “Direct report” means a position which requires direct contact and supervision by the
Oneida Business Committee because of the position, the duties, or the services provided.
Direct reports shall be identified by the Oneida Business Committee through resolution.
(ji) "Entity" means a board, committee or commission created by the General Tribal
Council or the Oneida Business Committee whose members are appointed by the Oneida
Business Committee or elected by the Nation’s membership.
(kj) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all
officials members of an entity, in order to seek a response which identifies a vote in favor
of, opposing, or abstaining to an issue requiring approval by the entity.
(lk) “Fiscal year” means the one (1) year period each year from October 1st to September
30th.
(m) “Joint meeting” means a meeting with the Oneida Business Committee.
(nl) “Letter” means a written or printed message addressed to a specific person or
organization; for the purposes of this law, a letter can be on paper or sent electronically.
(o) “Member” means all individuals who are appointed or elected to serve on a board,
committee, or commission created by the Oneida Business Committee or the Oneida
General Tribal Council.
(p) “Nation” means the Oneida Nation.
(qm) “Per dDiem” means the payment made by the Nation to offset the costs of being on
travel on behalf of the Oneida Nation.
(n) “Political appointee” means a person appointed by a member of the Oneida Business
Committee to provide assistance with the Oneida Business Committee member’s daily
activities and operations.
(ro) “Political appointee” means a person who assists an elected member of the Oneida
Business Committee in their daily activities and operations.
(s) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. This also includes prescription medication or over-the-counter medicine
used in an unauthorized or unlawful manner.
(p) (t) “Secretary” means the person elected and serving as the Nation’s Secretary; an
officer position of the Oneida Business Committee.
(u) “Stipend” means the amount paid by the Oneida Nation to a person serving on a
board, committee, or commission of the Nation in order to compensate the individual for
his or hertheir contribution of time, effort, and work for his or hertheir board, committee,
or commission for the betterment of the Nation.
(vq) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all
members of the entity; which is designated one (1) or more specific responsibilities on
behalf of the entity.
(wr) “Substantiated complaint” means a complaint or allegation in a complaint that was
found to be valid by clear and convincing evidence.
(xs) "Task Force or Ad Hoc" means a group of individuals persons gathered to pursue a
single goal, the accomplishment of which means the disbanding of the group. The goal is
generally accomplished in a short time period, i.e. less than one year, but the goal itself
may be long term.
1 O.C. 105 – Page 3
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(yt) "Vacancy" means any position on any board, committee, or commission caused by
resignation, end of term, removal, termination, or creation of a new position.
105.4. Creation of an Entity
105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida
Business Committee or General Tribal Council.
105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all
powers and responsibilities delegated to the entity.
105.4-3. The Oneida Business Committee or designee shall be responsible for drafting the initial
bylaws of the entity.
105.4-4. The Oneida Business Committee shall be responsible for approving drafting the initial
bylaws of the entity.
105.5. Applications
105.5-1. The BCC Department Oneida Business Committee shall approve all applications to
serve on an entity of the Nation. All application materials shall be available in the Business
Committee Support Office any location identified by, or in the offices of, the BCC Department
and any other location specified by the Business Committee Support Office.
(a) All applications shall include:
(1) a statement explaining the attendance reporting requirements of section
105.132-3; and
(2) a section regarding disclosures of conflicts of interest.
(b) An additional application form shall be required for those entities that require a
background investigation. This background investigation application shall include the
applicant’s social security number and any other information required for a background
investigation. The background investigation application shall be solely used for the
background investigation and not included in the application materials that are then
shared with the Oneida Business Committee, entity, and/or the Election Board.
105.5-2. Applications shall be filed with the Business Committee Support OfficeBCC
Department by 4:30 p.m. of the deadline date.
105.5-3. Within eight (8) business days after the posted deadline for filing applications, the
Business Committee Support OfficeBCC Department shall notify all individuals persons who
have filed an application of the date his or her their application was received and if his or hertheir
application met the deadline to be considered for the election or appointment.
105.5-4. Applications for elected positions shall be verified according to the Nation’s laws,
bylaws, and/or policies governing elections. Applications for appointed positions shall be
verified by the Business Committee Support OfficeBCC Department as needed or as required in
the bylaws of the entity.
105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants
after the deadline date has passed for appointed positions, the Business Committee Support
OfficeBCC Department may repost. for an additional time period.
(a) If the number of applicants is equal to or less than the number of vacancies then it
shall be determined to be an insufficient number of applicants.
(b) The Business Committee Support OfficeBCC Department shall notify the Oneida
Business Committee if a position will be reposted. for an additional time period.
1 O.C. 105 – Page 4
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(c) In the event of reposting, prior applicants will be considered to have filed applications
within the deadline period.
(d) The Oneida Business Committee may elect to consider include late applicants. within
the pool of appointed persons late applications.
The manner by which an individual fills a vacancy, either through election or appointment, shall
determine that member’s status as an appointed or official, despite the entity’s classification as an
appointed or elected entity pursuant to the entity’s bylaws.
105.6. Vacancies
105.6-1. The manner by which an individual fills a vacancy, either through appointment or
election, or appointment, shall determine that member’s status as an appointed or elected official,
despite the entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.
105.6-2. A position on an entity shall be considered vacant in the following situations:
(a) End of Term. A vacancy is effective as of 4:30 p.m. of the last day of the month in
which the term ends.
(1) Although a position is considered vacant once the term ends, the member of
the entity may remain in office until the member’s successor has been sworn in by
the Oneida Business Committee, provided that the position may not be held by the
predecessor for longer than sixty (60) business days, in an effort to prevent a
discontinuation of business or a loss of quorum for the entity.
(b) Removal. Removal is effective, pursuant to any law and/or policy of the Nation
regarding removal.
(c) Termination of Appointment. A termination is effective upon a two-thirds (2/3)
majority vote of the Oneida Business Committee in favor of a member’s termination of
appointment.
(d) Resignation. A resignation is effective upon:
(1) Ddeliverance of a letter to the Business Committee Support OfficeBCC
Department and to the Chairperson of the entity, or designee; or
(2) Aacceptance by motion of the entity of a verbal resignation; and
(3) certification and acceptance by the Secretary.
(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.
105.6-3. An entity shall notify the Business Committee Support OfficeBCC Department as soon
as the entity learns that a position has or will become vacant. All notices of vacancy shall be sent
to the entities for clarification or confirmation prior to notification to the Oneida Business
Committee.
105.6-4. The Business Committee Support OfficeBCC Department shall forward the notice of
vacancy to the Secretary. The Secretary shall request and receive approval from the Oneida
Business Committee to post the notice of vacancy. The Business Committee Support OfficeBCC
Department shall post notice of vacancies at the following times:
(a) End of Term. Automatically sixty (60) days prior to completion of the term.
(b) Removal. No later than the next Oneida Business Committee meeting following the
effective date of the removal.
(c) Resignation. No later than the next Oneida Business Committee meeting following
the Business Committee Support OfficeBCC Department’s receipt of notice of an
effective resignation from the entity.
1 O.C. 105 – Page 5
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(d) New Positions. Upon one of the following conditions:
(1) if not specified, immediately upon the creation of an entity or the adoption of
bylaws, whichever is later, or
(2) upon the date specified when creating the entity.
(e) Termination of appointment. No later than the next Oneida Business Committee
meeting following the effective date of the termination.
105.6-5. Notice of vacancies shall be posted by the Business Committee Support OfficeBCC
Department in all official media outlets of the Nation, as determined by the Oneida Business
Committee, as well as any other location deemed appropriate by the Secretary.
105.7. Appointment to an Entity
105.7-1. Appointment Selection. The following procedures shall be used to determine how the
applicant for an appointed position is selected:
(a) Within eight (8) business days after the posted deadline for submitting an application,
or within twenty-one (21) business days of the posted deadline if the entity requires a
background investigation to be completed as part of the application process, the Business
Committee Support OfficeBCC Department shall:
(1) deliver all applications, along with a summary of qualifications to hold office,
and the results of the background investigation if required, to each member of the
Oneida Business Committee as well as the entity’s Chairperson; and
(2) place the appointment for the entity on the next executive session portion of
the agenda of a regular or special Oneida Business Committee meeting in which
the appointment is intended to be made; or
(3) if delays in compiling the applications, summary of qualifications, or results of
any investigations exist, request additional time from the Oneida Business
Committee to complete requirements of section 105.7-1(a)(1)-(2).
(b) Each member of the Oneida Business Committee shall review the application
materials prior to executive session and be prepared to discuss and select an applicant for
appointment.
(1) The entity’s Chairperson may review the application materials and submit a
recommendation to the Business Committee Support OfficeBCC Department to
include in the application materials to be reviewed by a recommendation to the
Oneida Business Committee. of an applicant for appointment.
(A) The recommendation shall be submitted to the Business Committee
Support OfficeBCC Department in accordance with the submission
deadlines for the Oneida Business Committee meeting in which the
appointment is intended to be made.
(c) The Oneida Business Committee shall have a full and complete discussion of the
merits and qualifications of the potential applicants, and any recommendations made by
the Chairperson of the entity, during executive session. After completing a thorough
discussion, the Oneida Business Committee shall:
(1) select an applicant for appointment;, or
(2) ask the Oneida Nation’s Secretary to re-notice the vacancy because of
ineligible, unqualified, or under qualified applicants.
1 O.C. 105 – Page 6
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(d) All appointments shall be made by the Oneida Business Committee during the open
session of a regular or special Oneida Business Committee meeting. The Oneida Business
Committee shall not appoint an applicant who fails to meet the requirements set out in the
entity's bylaws.
(e) During the open session of the regular or special Oneida Business Committee
meeting, a member of the Oneida Business Committee may make a motion to appoint an
individual. Oneida Business Committee members may:
(1) accept the selected applicant and vote to appoint the individual to the vacant
position;, or
(2) reject the selected applicant and vote to oppose the appointment. of the
individual.
(f) If the Oneida Business Committee rejects the selected applicant, the matter will be
deferred to the next Oneida Business Committee meeting where another applicant may be
recommended by the Oneida Business Committee, or the Oneida Business Committee
may direct the vacancy to be re-posted. When a vacancy is re-posted under this section,
all applications from the first posting shall be considered to have been filed within the
deadline period.
105.7-2. Notification of Appointment. Once an individual is selected for appointment at an
Oneida Business Committee meeting, the Nation’s Secretary shall notify all applicants of the
final status of their application.
(a) The Nation’s Chairperson shall forward a list of all applicants to the Nation’s
Secretary and the final decision regarding the selection after the procedures for selection
of an applicant described in section 105.7-1 are completed.
(ab) The Nation’s Secretary shall include on the notice to the applicant selected for
appointment the following paragraph: “The Oneida Nation reports all income paid by the
Oneida Nation in whatever form. The Internal Revenue Service of the United States
considers stipends paid to members of boards, committees, and commissions to be
income which may be offset by expenses related to that income. You will receive an
income report which is also forwarded to the Internal Revenue Service, it is also your
responsibility to keep documentation of expenses related to this income.”
105.7-3. Declination of Appointment. An individual who has been selected for appointment to an
entity by the Oneida Business Committee may decline the appointment.
(a) An individual may decline an appointment to an entity in the following ways:
(1) delivery of a letter to the BCC Department stating that the individual wishes to
decline the appointment to the Business Committee Support Office; or
(2) failure to take the oath of office within thirty (30) days or within two (2)
regularly scheduled Oneida Business Committee meetings of being selected for
appointment by the Oneida Business Committee.
(b) The Business Committee Support OfficeBCC Department shall notify the Oneida
Business Committee if an individual declines an appointment to an entity. The Oneida
Business Committee shall then use the original pool of applications for the vacancy
posting and the process outlined in section 105.7-1 to select another applicant for
appointment.
105.7-4. Termination of Appointment. An appointed member of an entity serves at the discretion
of the Oneida Business Committee. Upon the recommendation of a member of the Oneida
1 O.C. 105 – Page 7
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Business Committee or the entity, a member of an appointed entity may have his or hertheir
appointment terminated by the Oneida Business Committee.
(a) A two-thirds majority vote of the Oneida Business Committee shall be required in
order to terminate the appointment of an individual.
(b) The Oneida Business Committee’s decision to terminate an appointment is final and
not subject to appeal.
105.8. Election to an Entity
105.8-1. All elected positions shall be nominated at a caucus called by the Oneida Election
Board, or apply for ballot placement, in accordance with the Nation’s laws and/or policies
governing elections, except where an entity’s bylaws allow for a vacancy to be filled by
appointment.
(a) When the Election Board notifies an applicant or nominee that they are he or she is
eligible to be placed on the ballot, the following paragraph shall be included: “The
Oneida Nation reports all income paid by the Nation in whatever form. The Internal
Revenue Service of the United States considers stipends paid to members of boards,
committees, and commissions to be income which may be offset by expenses related to
that income. You will receive an income report which is also forwarded to the Internal
Revenue Service, it is also your responsibility to keep documentation of expenses related
to this income.”
105.8-2. All other processes for the election of a member of an entity shall be pursuant to as
directed by the Nation’s laws and/or policies governing elections.
105.9. Oath of Office
105.9-1. All appointed and elected positions are official upon taking an oath during a regular or
special Oneida Business Committee meeting, or at an alternative time and location as determined
by the Secretary. All rights and delegated authorities of membership in the entity shall vest upon
taking the oath. The Nation’s Secretary shall notify the chosen individuals persons when they
shall appear for taking the oath.
(a) When taking an oath, the appointed or elected member shall appear in person to take
his or hertheir oath, except if granted permission by the 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.
105.9-2. The Oneida Business Committee shall approve wording of oaths. Any revisions of oaths
shall be approved by the Oneida Business Committee prior to usage. Oaths shall be kept on file
by the Business Committee Support OfficeBCC Department.
105.9-3. Originals of the signed oath, or electronic copies of the originals of the signed oath,
shall be maintained by the Business Committee Support OfficeBCC Department. Copies of the
oath shall be forwarded to the new member of the entity and the entity.
105.9-4. The following oath is the standard oath to be used unless a specific oath for the entity is
pre-approved by the Oneida Business Committee: “I, [name], hereby promise to uphold the laws
and regulations of the Oneida Nation, the General Tribal Council, and the Oneida Nation
Constitution. I will perform my duties to the best of my ability and on behalf of the Oneida
people with honor, respect, dignity, and sincerity and will strictly maintain confidential
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information. I will carry out the duties and responsibilities as a member of the [entity name], and
all recommendations shall be made in the best interest of the Oneida Nation as a whole.”
105.9-5. All oaths shall be sufficient to make the appointed or elected member of an entity aware
of their duty to the Nation and as members of the entity.
105.10. Other Responsibilities
105.10-1. Onboarding. Before a new member begins performing their duties and in addition to
taking the oath of office, the new member must complete the entity’s onboarding requirements in
accordance with an approved standard operating procedure. This procedure shall include, but is
not limited to the following:
(a) Conflict of Interest.
(b) Confidentiality Agreement.
(c) Training:
(1) Regarding the Nation and the State of the Nation, in general. Such training
may include, but will not be limited to, the Nation’s Economic Impact Statement,
organizational chart, and government goals and vision.
(2) Regarding the training required by the specific entity’s bylaws.
(3) Regarding human resources as determined by the Nation’s Human Resources
Department to the extent that entity directly supervises employees of the Nation.
105.10-2. Offboarding. When a member leaves an entity that member and the BCC Department
or the Government Administrative Office shall be responsible for ensuring the member
completes offboarding in accordance with an approved standard operating procedure. The
offboarding procedure may include, but is not limited to:
(a) Transition of assigned duties and responsibilities.
(b) Return of equipment.
(c) De-activation of email, identification card, and access card.
(d) Exit interview or survey.
105.110. Bylaws
105.110-1. All entities of the Nation shall have bylaws that conform to the requirements of this
law. Bylaws shall become effective upon approval of the Oneida Business Committee, unless
where General Tribal Council approval is additionally required.
(a) All existing entities shall comply with this format and present bylaws for adoption
within a reasonable time after creation of the entity, or within a reasonable time after
adoption or amendment of this law.
(b) Bylaws shall contain at least the minimum information required by law, although
more information is not prohibited.
(c) Exception. Task Forces and Ad Hoc Committees are excepted from the requirement to
have bylaws. However, these entities shall have, at minimum, mission or goal statements
for completion of the task.
105.110-2. Articles. Bylaws shall contain, at a minimum, the following Articles:
(a) Article I. Authority.
(b) Article II. Officers.
(c) Article III. Meetings.
(d) Article IV. Expectations.
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(e) Article V. Stipends and Compensation.
(f) Article VI. Records and Reporting.
(g) Article VII. Amendments.
105.110-3. Sections. Articles shall be divided into the following
--"sSections" as set out.
(a) "Article I. Authority" shall consist of the following:
(1) Name. The full name of the entity shall be stated, along with any short name
that will be officially used.
(2) Establishment. This section shall state the citation and name, if any, of the
creation document.
(3) Authority. This section shall state the purpose for which the entity was created
and what, if any, authority the entity is delegated.
(4) Office. There shall be listed the official office or post box of the entity.
(5) Membership. The following information shall be in this section:
(A) Nnumber of members on the entity;
(B) Iif members on the entity are appointed or elected or appointed, and
how a member is appointed or elected or appointed;
(C) Hhow vacancies are filled; and
(D) Qqualifications for membership on the entity.
(i) In order to qualify for membership on an entity, a person shall
meet the minimum age requirements set forth for status as a
qualified voter of the Nation, unless a law, policy, or directive sets
forth a minimum age requirement.
(6) Termination or Removal. This section shall identify causes for termination or
removal, if any, in addition to those already identified in laws and/or policies of
the Nation.
(7) Trainings and Conferences. This section shall address travel for training and
conferences. Travel for training and conferences is allowable in accordance with
the Nation’s travel policies. All entities shall be in compliance with the Nation’s
travel policies. describe any trainings and/or conferences that the entity deems
necessary for members to responsibly serve the entity, if any.
(b) "Article II. Officers" shall consist of the following:
(1) Chairperson and Vice-Chairperson. This section creates the cChairperson and
vVice-cChairperson positions of the entity. Other officer positions may also be
created here.
(2) Responsibilities of the Chairperson. Because of the importance of this
position, all duties and responsibilities of the cChairperson, as well as limitations
of the cChairperson shall be specifically listed here.
(3) Responsibilities of the Vice-Chairperson. Because of the importance of this
position, all duties and responsibilities of the vVice-cChairperson, as well as
limitations of the vVice-cChairperson shall be specifically listed here.
(4) Responsibilities of Additional Officers. There may be additional sections as
needed for every officer position created in subsection one (1) above. These
sections shall state all duties and responsibilities of the officer, as well as any
limitations of the officer.
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(5) Selection of Officers. This section shall identify how a member of the entity
shall be selected for an official officer position in the entity.
(6) Purchases and Travel. This section shall identify how the entity shall approve
purchases or travel on behalf of the entity.
(A) An entity shall follow the Nation’s policies and procedures regarding
purchasing and sign-off authority.
(B) Upon formal approval of a purchase by an entity, the Business
Committee Support OfficeBCC Department shall have official budgetary
sign off authority for the entity.
(C) An entity shall approve a member’s request to travel on behalf of the
entity by majority vote at a regular or emergency meeting of the entity.
(7) Personnel. This section shall state the entity’s authority for hiring personnel, if
any, and the duties of such personnel.
(c) "Article III. Meetings" shall consist of the following:
(1) Regular meetings. This section shall identify when and where regular
meetings shall be held, and how the entity shall provide notice of the meeting
agenda, documents, and minutes.
(2) Emergency meetings. This section shall identify what constitutes an
emergency meeting, how emergency meetings shall be called, and how the entity
shall provide notice of the emergency meeting.
(A) All bylaws shall include a provision requiring that within seventy-two
(72) hours after an emergency meeting, the entity shall provide the
Nation’s Secretary with notice of the meeting, the reason for the
emergency meeting, and an explanation of why the matter could not wait
for a regular meeting.
(3) Joint Meetings. This section shall identify if joint meetings shall be held, the
frequency and location of joint meetings, and how the entity shall provide notice
of the meeting agenda, documents, and minutes.
(4) Quorum. This section shall identify how many members of an entity create a
quorum.
(5) Order of Business. This section sets out how the agenda will be set up.
(6) Voting. This section shall identify voting requirements, such as, but not limited
to:
(A) the percentages that shall be needed to pass different items;
(B) if, and when, the cChairperson is allowed to vote;
(C) if the use of an e-poll is permissible; and
(D) if the use of and e-poll is permissible, who will serve as the
Chairperson’s designee for the responsibility of conducting an e-poll, if a
designee is utilized.
(d) “Article IV. Expectations” shall consist of the following information:
(1) Behavior of Members. This section shall identify the behavioral expectations
and requirements of a member of the entity required by this law and any
additional expectations and requirements specific to the entity, and identify how
the entity shall enforce these behavioral expectations.
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(2) Prohibition of Violence. This section shall prohibit any violent, intentional act
committed by a member of the entity that inflicts, attempts to inflict, or threatens
to inflict emotional or bodily harm on another person, or damage to property, and
set forth any further expectations regarding the prohibition of violence.
(3) Drug and Alcohol Use. This section shall prohibit the use of alcohol and
prohibited drugs for a member of an entity when acting in their official capacity,
and set forth any further expectations regarding the use of prohibited drugs and
alcohol.
(4) Social Media. This section shall identify expectations for the use of social
media regarding in regards to official business of the entity.
(5) Conflict of Interest. This section shall state any standards and expectations
additional to those required by this law of the Nation regarding in regards to
conflicts of interest and how they are handled, as well as requirements related to
prohibited activities resulting from disclosed conflicts of interest, and means by
which a party can alleviate or mitigate the conflict of interest.
(6) Conflict Resolution. This section shall address how the entity will handle
conflict resolution. At a minimum, the entity’s procedures and requirements for
conflict resolution shall conform to any policy of the Nation’s Human Resources
Department.
(7) Leave of Absence. This section shall address leave of absence, at a minimum,
as it is allowed to employees of the Nation pursuant to policies of the Nation’s
Human Resources Department.
(e) “Article V. Stipends and Compensation” shall consist of the following information:
(1) Stipends. This section shall include a comprehensive list of all stipends
members are eligible to receive and the requirements for collecting each stipend,
if any, in addition to those contained in this law. This section shall also include the
procedure to withhold a member’s stipend if a member does not meet the
identified requirements needed to collect each stipend.
(2) Compensation. This section shall include details regarding all other forms of
compensation members are eligible to receive and the requirements for collecting
such compensation, if any, in addition to those contained in this law.
(f) "Article VI. Records and Reporting" shall consist of the following information:
(1) Agenda Items. Agenda items shall be maintained in a consistent format as
identified by this section.
(2) Minutes. Minutes shall be typed and in a consistent format designed to
generate the most informative record of the meetings of the entity. This may
include a summary of action taken by the entity. This section shall identify the
format for minutes, and a reasonable timeframe by which minutes shall be
submitted to the Business Committee Support OfficeBCC Department.
(3) Attachments. Handouts, reports, memoranda, or other relevant documents and
the like may be attached to the minutes and agenda, or may be kept separately,
provided that all materials can be identified to the meeting in which they were
presented. This section shall identify how records of attachments shall be kept.
(4) Oneida Business Committee Liaison. Entities shall regularly communicate
with the Oneida Business Committee member who is their designated liaison.
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This section shall identify a format and frequency for communication which may
be as the liaison and entity agree to, but not less than that required in any law or
policy on reporting developed by the Oneida Business Committee or Oneida
General Tribal Council. The purpose of the liaison shall act relationship is to
uphold the ability of the liaison to act as a support to that entity.
(5) Audio Recordings. An entity shall audio record all meetings. This section shall
state how the entity shall audio record meetings, and how the entity shall maintain
the audio records.
(A) Exception. Audio recordings of executive session portions of a
meeting shall not be required.
(g) "Article VII. Amendments" consists of:
(1) Amendments to Bylaws. This section shall describe how amendments to the
bylaws are made. Any amendments to bylaws shall conform to the requirements
of this law and any other policy of the Nation. Amendments to bylaws shall be
approved by the Oneida Business Committee, in addition to the General Tribal
Council when applicable, prior to implementation.
105.121. Electronic Polling
105.121-1. An entity may utilize an e-poll when approval of an action may be required before the
next available meeting agenda of the entity.
105.121-2. Conducting an E-Poll. The Chairperson of the entity, or designee, shall e-mail the epoll to all members of the entity. Requests for an e-poll shall be sent only from an official e-mail
address of the entity. The e-poll’s message shall include the following information:
(a) The e-mail subject line shall begin with “E-poll Request:” and include a short title
describing the purpose of the request.
(b) The body of the e-poll shall contain the following elements:
(a1) An executivea summary of the reason for the request and why the request cannot be
presented at the next available meeting of the entity; and
(2) A proposed motion which shall be in bold and identified in a separate
paragraph by the words “Requested Action;”
(3) All attachments in *.pdf format, which are necessary to understand the request
being made; and
(b4) a deadline date for a response. to be returned regarding the results of the electronic
poll which shall be in bold and identified in a separate paragraph by the words “Deadline
for Response.”
(1A) E-poll requests shall be open for response not less than one (1) hour and no
more than twenty-four (24) hours.
(2B) The Chairperson of the entity, or designee, is responsible for creating a time
frame for responses shall be determined by the Secretary of the entity, or
designee, based on urgency, scheduling, and any other pertinent factors.
105.121-3. Response to an E-Poll. Only the member of an entity shall respond to an e-poll. A
response from a member of an entity shall be valid if received from an official e-mail address of
the entity. No responses from unknown e-mails or personal e-mails shall be accepted. An e-poll
request shall receive responses from a majority of members of the entity in order to be an official
vote.
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(a) E-polls that receive at least a majority of supporting votes by the deadline are
considered to be approved.
(b) E-polls for which insufficient responses were received by the deadline are considered
to have failed to receive support, and result in a denied request.
(c) E-polls that result in a denied request may be reconsidered by the entity at the next
available meeting.
(d) The Chairperson, or designee, shall monitor all responses and deadline dates for
responses.
105.121-4. Entering an E-Poll in the Record. Both approved and denied e-poll requests shall be
placed on the next meeting agenda of the entity to be entered into the record. The agenda item
shall contain the following information:
(a) Original e-poll request and all supporting documentation;
(b) A summary of the e-poll results identifying each member of the entity and his or
hertheir response; and
(c) A copy of any comment by a member of the entity if comments are made beyond a
vote.
105.132. Reporting Requirements
105.132-1. Minutes. All minutes shall be submitted to the Business Committee Support
OfficeBCC Department within a reasonable time after approval by the entity, as identified in the
entity’s bylaws.
(a) Actions taken by an entity are valid upon approval of the action by vote, unless the
bylaws of the entity otherwise require minutes to be approved by the entity before the
actions are valid.
(b) Minutes shall be filed according to this section, and any specific directions within
approved bylaws.
(c) No action or approval of minutes is required by the Oneida Business Committee on
minutes submitted by an entity unless specifically required by the bylaws of that entity.
105.132-2. Standard Operating Procedures. All standard operating procedures established by an
entity shall be submitted to the Business Committee Support OfficeBCC Department, where they
shall be kept on file.
-Reports to the Oneida Business Committee. Every fiscal year eEntities
105.132-3.
Quarterly
shall provide quarterly at least two reports to the Oneida Business Committee in accordance with
the quarterly reporting schedule approved by the Oneida Business Committee. All quarterly The
reports shall be approved by official entity action before they are submitted. The quarterly
reports shall not contain any information that conflicts with any law, resolution, or policy of the
Nation. At least one (1) member of the entity shall attend the Oneida Business Committee
meeting where the quarterly report is an agenda item. Quarterly rReports shall follow a format
prescribed by the Oneida Business Committee and contain the following information:
(a) Contact Information. The name of the entity, the member submitting the report, the
Oneida Business Committee liaison; and a list of the members and their titles, term
expiration dates, and contact information.
(b) Meetings. When and how often the entity is holding meetings and whether any
emergency meetings have been held.
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(1) If emergency meetings were held, the report shall indicate the basis of the
emergency for each meeting.
(c) Accomplishments. Details of what the entity has accomplished since the last reportthat
quarter, including any special events held during the reporting period and any travel by
the members and/or staff.
(d) Goals. Details of both the entity’s long-term goals, the entity’s goals for the next
quarterreporting period, and projected quarterly activities during the next reporting
period.
(e) Budget. The amount of the entity’s budget, the status of the budget at that quarter, the
amount of each stipend a member may be eligible to receive, how the budget is being
utilized by the entity, and projected budgetary uses for the next quarterreporting period.
(f) Requests. Details of any requests to the Oneida Business Committee.
(g) Other. And any other information deemed appropriate by the entity, as well as any
other information required by a law or policy of the Nation.
105.132-4. Annual and Semi-Annual Reports to the General Tribal Council. Entities shall
provide annual reports to the Oneida General Tribal Council based on their activities during the
previous fiscal year, and semi-annual reports based on their activities during the current fiscal
year. All annual and semi-annual reports shall follow a format prescribed by the Oneida Business
Committee.
(a) Annual and semi-annual reports shall contain information on the number of
substantiated complaints against all members of the entity.
(b) Each entity with oversight of a department shall also submit annual and semi-annual
reports for each department the entity oversees.
105.132-5. Any failure to comply with the reporting requirements may result in the Oneida
Business Committee placing a hold on the release of a stipend payment.
105.143. Stipends, Reimbursement and Compensation
105.143-1. Stipends and reimbursement for expenses shall follow the procedures as set out in
this section and according to procedures for payment as set out by the Nation, unless otherwise
declined by the entity through its bylaws, or declined by a member.
105.143-2. The Oneida Business Committee shall set stipend amounts by resolution. The Oneida
Business Committee shall periodically review the amounts provided for stipends and, based on
the availability of funds, shall adjust those amounts accordingly by amending the resolution.
Stipends are paid in the form of cash or cash equivalent, which may include, but is not limited to,
gift cards.
105.143-3. Meeting Stipends. A member of an entity shall only receive a meeting stipend for a
regular or emergency meeting where a quorum has been established in accordance with the duly
adopted bylaws of that entity, that lasts for at least one (1) hour, and the member collecting the
stipend is present for the entire meeting. Meetings can occur in person, by telephone, through
videoconferencing, or through other telecommunications.
(a) Meeting Stipends for an Appointed Entity. An individual serving on an appointed
entity shall be paid no more than twelve (12) meeting stipends per fiscal year.
(b) Meeting Stipends for an Elected Entity. An individual serving on an elected entity
shall be paid no more than twenty-four (24) meeting stipends per fiscal year.
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(c) Demonstrating Presence During a Meeting. An entity shall demonstrate the presence
of its members during a meeting by taking roll call on the record at both the beginning
and conclusion of a meeting.
(d) Technological Issues Affecting Presence During a Meeting. If a member of an entity
experiences a technological issue during a regular or emergency meeting held by
telephone, through videoconferencing, or through other telecommunications, and the
technological issue disrupts the member’s presence during the meeting, the member shall
notify the entity of the technological issue as soon as possible.
(1) An exemption to the stipend eligibility requirement to be present for the entire
meeting may be granted if the entity certifies by a majority vote that the member
was present for a majority of the meeting despite the technological issue which
disrupted the member’s presence during the meeting.
105.143-4. Joint Meeting Stipends. A member of an entity shall only receive a stipend for a joint
meeting where a quorum has been established in accordance with the duly adopted bylaws of
that entity, that lasts for at least one (1) hour, and the member collecting the stipend is present for
the entire meeting. Joint meetings can occur in person, by telephone, through videoconferencing,
or through other telecommunications.
(a) An individual shall receive a stipend for his or hertheir attendance at a duly called
joint meeting.
(1) A joint meeting stipend does not count towards the limitation on meeting
stipends as provided for in section 105.143-3(a)-(b).
(b) Demonstrating Presence During a Joint Meeting. An entity shall demonstrate the
presence of its members during a joint meeting by taking roll call on the record at both
the beginning and conclusion of a joint meeting.
(c) Technological Issues Affecting Presence During a Joint Meeting. If a member of an
entity experiences a technological issue during a joint meeting held by telephone, through
videoconferencing, or through other telecommunications, and the technological issue
disrupts the member’s presence during the joint meeting, the member shall notify the
entity of the technological issue as soon as possible.
(1) An exemption to the stipend eligibility requirement to be present for the entire
joint meeting may be granted if the entity certifies by a majority vote that the
member was present for a majority of the joint meeting despite the technological
issue which disrupted the member’s presence during the joint meeting.
105.143-5. Oneida Judiciary Hearings. A member of an entity shall receive a Judiciary hearing
stipend if the member’s attendance at the Judiciary hearing is required by official subpoena.
105.143-6. Hearings of an Entity. A member of an entity that maintains hearing authority may
obtain onea hearing stipend for conducting a hearings administered by the entity. A hearing
consists of all functions related to the resolution of the matter notwithstanding the amount of
time it takes to resolve the matter, including, but not limited to, any continuations of the hearing
and decision drafting. A member may receive additional stipends for any continuation if a
continuation is necessary to resolve the matter.
105.143-7. Other Stipends. The Oneida Business Committee shall determine if, and when, any
other stipends are appropriate to compensate members of entities for their official actions. All
possible stipends shall be included in the Oneida Business Committee resolution which sets
stipend amounts.
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105.14-8. Virtual Meetings. The entity may hold a virtual meeting pursuant to any requirements
established by the Oneida Business Committee and pursuant to any additional requirements
established by the entity. At a minimum those requirements for members shall be:
(a) The Chairperson shall open the meeting with an explanation for the record as to why
the meeting is being held virtually.
(b) The Chairperson shall take roll call at both the beginning and end of the virtual
meeting.
(c) All members shall keep their video camera on during the entire meeting.
(d) The Chairperson shall poll each individual member to vocalize their support,
opposition, or abstention to any motion.
105.143-98. Conferences and Training Conferences, Training, and Travel. An appointed or
elected member of any entity, elected or appointed, shall be reimbursed in accordance with the
Nation’s policy for travel and per diem, for attending a conference or training. P provided that:
(a) All entities shall be in compliance with the Nation’s travel policies.
(b) A member shall be eligible for a stipend for attending a conference or training, when
attendance at the conference or training is required by law, bylaw, or resolution.
(1) The amount of the stipend a member is eligible to receive for attendance at a
conference or training shall be dependent on whether the member attended up to
four (4) hours of a conference or training, or more than four (4) hours of a
conference or training.
(cb) A member shall not be eligible for a conference and training stipend if that training is
not required by law, bylaw, or resolution.
(dc) No stipend payments shall be made for those days spent traveling to and from the
conference or training.
(e) The board, committee, or commission approves reimbursement for the member.
105.143-109. Business Expenses. All members of entities shall be eligible for reimbursement for
normal business expenses naturally related to membership in the entity.
(a) Before a member is eligible for reimbursement of normal business expenses, the
board, committee, or commission must approve such expenses.
105.143-110. Task Force and Ad Hoc Subcommittees. Members of task force, ad hoc committees
and subcommittees shall not be eligible for stipends unless specific exception is made by the
Oneida Business Committee or the Oneida General Tribal Council.
105.15. Official Oneida Nation E-mail Address.
105.15-1. Each member of an entity shall be provided with an official Oneida e-mail address
upon election or appointment for the purpose of conducting business of the entity electronically.
(a) If a member is also an employee of the Nation, they shall receive a separate email
address from their regular work e-mail address.
(b) A member of an entity shall have thirty (30) days after appointment or election to
activate their official e-mail address.
(c) An individual who holds a position as an ad hoc or alternate member of an entity shall
be exempt from the requirement to be provided with an official e-mail address, unless
determined that an e-mail address is necessary for the role and responsibilities of the ad
hoc or alternate member.
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(d) A member of an entity shall sign an acknowledgment form provided by the Secretary
indicating notice of the Nation’s applicable computer and media related laws, policies,
and rules. The Secretary shall maintain a record of all such acknowledgment forms.
(e) A member of an entity shall exclusively use their official e-mail address to
electronically conduct any business of the entity.
(f) Immediately upon receipt of notice of a vacancy, the Secretary shall instruct the
Digital Technology Services department to disable the e-mail address for the member
having vacated the position.
105.164. Standards of Conduct
105.16-1. Good Mind. All members shall serve with a Good Mind guided by wisdom, compassion,
and responsibility and shall avoid actions or situations that give rise to the appearance of
impropriety, undue influence, or favoritism.
105.16-2. Cultural Accountability. Members are reminded that their conduct reflects not only on
themselves but on the Nation as a whole. They are expected to uphold the teachings of the Good
Mind, protect the well-being of the community, and serve with humility, honor, and respect.
105.16-3. Prohibited Conduct. Members are expected to walk with the Good Mind, honoring the
trust of the people and the teachings of the Great Law of Peace. The following conduct is prohibited
as it undermines the integrity of governance, the dignity of the Nation, and the responsibilities
entrusted to those who serve. No member shall:
(a) Use their position for personal gain, financial benefit, or advancement of family,
friends, or associates.
(b) Engage in any form of bribery, coercion, or undue influence in the performance of their
duties.
(c) Misuse or misappropriate Nation resources, including funds, property, or confidential
information.
(d) Discriminate against or harass any individual based on race, gender, age, religion, tribal
affiliation, or any other protected status.
(e) Retaliate against any person who reports unethical behavior, misconduct, or violations
of this law.
(f) Falsify records, reports, or communications related to their official duties.
(g) Accept gifts, gratuities, or honoraria in violation of Section 105.16-10.
(h) Participate in decisions where a conflict of interest exists, as defined in Section 105.168.
(j) Engage in nepotism or favoritism in hiring, supervision, or contracting, as prohibited in
Section 105.16-9.
(k) Act in a manner that brings dishonor to the Oneida people or undermines the public’s
trust in the Nation’s government.
105.16-4. Attendance and Meeting Conduct. Members shall honor their responsibility to
participate fully and professionally in the governance of the Nation. Attendance and conduct
during meetings reflect the integrity of leadership and the trust placed in members by the Oneida
people. Accordingly:
(a) Commitment to Presence and Preparedness. Members shall attend all scheduled
meetings unless excused or prevented by circumstances beyond their control. Absences
should be communicated promptly and with respect for the entity’s ability to conduct
1 O.C. 105 – Page 18
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business. Members are expected to arrive prepared, having reviewed all materials
necessary for informed decision making.
(b) Engagement and Respectful Dialogue. Meetings shall be conducted in a manner that
upholds the Good Mind and fosters constructive dialogue. Members shall:
(1) Actively and thoughtfully participate.
(2) Contribute to deliberations with clarity and respect.
(3) Listen attentively to others, avoid interruptions, and ensure that all voices are
heard.
(4) Refrain from conduct that disrupts proceedings or diminishes the dignity of the
office.
(c) Professionalism and Integrity in Deliberation. Decisions shall be made based on merits,
facts, and the collective good of the Nation. Members shall:
(1) Avoid side conversations, electronic distractions, or any behavior that signals
disengagement.
(2) Maintain confidentiality of closed-session discussions and sensitive
information.
(3) Conduct themselves in a manner that reflects honor, impartiality, and
accountability.
(d) Responsibility for Governance Continuity. Attendance and participation are essential to
the functioning of the Nation’s government. Persistent failure to meet these expectations
may constitute a breach of trust and be subject to review under enforcement provisions.
105.16-5. Fair Dealing and Impartiality. Members shall carry out their duties with fairness,
honesty, and impartiality, honoring the trust placed in them by the Oneida people. Members shall:
(a) Refrain from granting special treatment beyond what is available to others under the
law.
(b) Make decisions based solely on merit, facts, and the well-being of the Nation, free from
bias, favoritism, or personal interest.
(c) Avoid conduct that creates the appearance of impropriety or undermines community
trust.
(d) Treat all individuals with respect and dignity, and foster an environment of equity,
justice, and inclusion in governmental dealings.
105.16-6. Accountability and Transparency. Public service is a sacred responsibility. Members are
entrusted by the Oneida people to act with integrity, humility, and accountability. Their actions
shall reflect the values of the Nation and honor the trust placed in them by the community.
(a) Duty to be Accountable: Members shall be answerable to the Oneida people for their
decisions, conduct, and use of authority; explain their actions, accept responsibility for
mistakes, and take corrective steps when necessary. Accountability is not only a legal
obligation, but also a cultural duty rooted in respect for the people and the teachings of the
Good Mind.
(b) Transparency in Governance. Transparency is essential to maintaining the good mind
and the confidence of the people. Members shall:
(1) conduct public business in a manner that is open, honest, and accessible to the
community;
(2) provide timely and accurate information about decisions, policies, and the use
of Nation resources; and
1 O.C. 105 – Page 19
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(3) ensure that records, reports, and proceedings are maintained and made available
in accordance with the laws and customs of the Nation.
(c) Community Engagement. Members shall actively seek the voices of the people,
respecting the wisdom of elders, the concerns of families, and the guidance of traditional
knowledge. Decisions shall reflect the collective good and be made with the understanding
that leadership is a service to the Nation, not a privilege.
105.16-7. Confidentiality Information.105.14-1. All members of an entity shall maintain in a
confidential manner all information obtained through their position on the entity. The Nation
requires that all members of an entity who have access to the Nation’s confidential information
be subject to specific limitations in order to protect the interest of the Nation and ensure that no
individuals persons engaged in by the Nation, nor their relatives or associates, benefit from the
use of confidential information.
(a) Confidential information shall be considered and kept as the private and privileged
records of the Nation and will not be divulged to any person, firm, corporation, or other
entity except by direct written authorization of the Oneida Business Committee.
(b) A member of an entity will continue to treat as private and privileged any confidential
information, and will not release any such information to any person, firm, corporation,
or other entity, either by statement, deposition, or as a witness, except upon direct written
authority of Oneida Business Committee, and the Nation shall be entitled to an injunction
by any competent court to enjoin and restrain the unauthorized disclosure of such
information. Such restriction continues after termination of the relationship with the
Nation and the entity.
(c) Upon completion or termination of his or hertheir appointed or elected or appointed
term of membership in an entity, for any cause whatsoever, the member of the entity will
surrender to the Nation, in good condition, all records kept by the member of the entity.
(d) No member of an entity shall disclose confidential information acquired by reason of
his their other relationship or status with the Nation for his or her their personal
advantage, gain, or profit, or for the advantage, gain, or profit of a relative or associate.
(e) If a member does intentionally disclose confidential information, that member will be
subject to fines or penalties set forth in a fine and penalty schedule adopted by the Oneida
Business Committee.
105.14-8. (f) Any records created or obtained while serving as a membern official of an
entity are the property of the Nation and shall only be removed or destroyed by approval
from a majority vote of the entity at a duly called meeting. All removal or destruction of
documents shall be made in accordance with the Nation’s laws and policies governing
open records and open meetings.
105.14-3. Official Oneida Nation E-mail Address. Each member of an entity shall be provided an
official Oneida e-mail address upon election or appointment for the purpose of conducting
business of the entity electronically.
(a) If a member is also an employee of the Nation, he or she shall receive a separate email
address from his or her regular work e-mail address.
(b) A member of an entity shall have thirty (30) days upon election or appointment to an
entity to activate his or her e-mail address.
(c) An individual who holds a position as an ad hoc or alternate member of an entity shall
be exempt from the requirement to be provided an official e-mail address, unless
1 O.C. 105 – Page 20
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determined that an e-mail address is necessary for the role and responsibilities of the ad
hoc or alternate member.
(d) A member of an entity shall sign an acknowledgment form provided by the Nation’s
Secretary indicating notice of the Nation’s applicable computer and media related laws,
policies and rules. The Nation’s Secretary shall maintain a record of all such
acknowledgment forms.
(e) A member of an entity shall exclusively use his or her official e-mail address to
electronically conduct any business of the entity, and shall not use a personal or work email address to electronically conduct any business of the entity.
(f) Immediately upon receipt of notice of an entity vacancy, the Nation’s Secretary shall
instruct the Management Information Systems department to disable the e-mail address
for the member having vacated the position.
105.165-8. Conflicts of Interest. 05.15-1. All members of an entity are required to adhere to the
Nation’s laws and policies governing conflicts of interest.105.15-2. A mMembers of an entity
shall disclose a conflict of interest in writing to the Nation’s Secretary as soon as the conflict
arises and update a conflict of interest disclosure form with the Nation’s Secretary on an annual
basis.
(a) Disclosure Forms.
(1) The Oneida Law Office shall create both annual and as-needed disclosure
forms.
(2) The Office of the Oneida Nation Secretary shall distribute, collect, and
maintain these disclosure forms.
(3) All members shall submit disclosure forms annually and within a reasonable
time after a conflict arises or becomes known.
(ba) Upon receiving information of a potential conflict of interest, the Nation’s Secretary
shall request a determination from the Oneida Law Office whether further action shall be
taken by the Nation regarding the status of the official.
(1) Entities may develop an internal conflict of interest mitigation plan for eligible
conflicts in consultation with the Oneida Law Office, the Nation’s Human
Resources Department, and other departments of the Nation as needed.
105.15-3. (c) Ineligibility Due to Conflicts of Interest. Due to the potential for an actual or
implied a real or perceived conflict of interest to exist, the following individuals
shall may not be eligible to serve on an appointed or elected entity unless they
obtain approval from their immediate supervisor; the individual may also be
required to complete a conflict mitigation plan:
(1a) political appointees;
(2b) an employee of the Nation’s Internal Audit Department, Finance
Administration, Oneida Law Office, Business Committee Support OfficeBCC
Department, Government Administrative Office, or Intergovernmental Affairs and
Communications; and
(3c) an employee who serves as a direct report to the Oneida Business Committee
or the Chief Executive Officer of Nation Services. General Manager.
(d) Ongoing Duty to Disclose. Members who become aware of a conflict of interest shall
promptly disclose and comply with the requirements of the conflict of interest mitigation
plan.
1 O.C. 105 – Page 21
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105.16-9. Nepotism Prohibited. The Oneida people expect their leaders to act with integrity and
impartiality. Avoiding nepotism is essential to maintaining the trust between the government and
the community, and to ensuring that all Oneida people have equal opportunity to serve and
contribute to the Nation.
(a) Commitment to Fairness. Members shall be guided by fairness, respect, and the Good
Mind. Favoring family members in employment, appointments, or decision-making
undermines the trust of the people and disrupts the balance that is essential to good
governance.
(b) Preferential Treatment Prohibited. No member shall use their position to secure
employment, advancement, contracts, or other benefits for immediate family members or
close relatives. All decisions shall be made based on merit, qualifications, and the best
interests of the Nation.
(c) Employment and Oversight Restrictions. No member shall supervise, evaluate, or
participate in employment decisions involving a family member. The Nation shall
implement procedures to ensure that hiring and promotion processes are free from undue
influence and favoritism.
105.16-10. Gifts and Honorarium.
(a) Prohibition on Gifts for Business Privilege. No member shall accept any gift, gratuity,
or honorarium of any value in exchange for, or as a condition of, doing business with the
Nation.
(b) Reporting Requirements. Members shall report any gift, honorarium, or sponsored
event with a fair market value of one thousand dollars ($1000) or more that is given in
connection with activities organized by or participated in on behalf of the Nation.
(1) Sponsored events not paid for or reimbursed by the Nation or another
government entity for official duties, including fundraisers, social events,
recreational events, or entertainment events and any associated travel costs must be
recorded as a gift.
(2) Travel provided or reimbursed by a federal, state, or tribal government entity
for the purpose of carrying out official government functions, such as tribal
consultations, meetings, or trainings, is considered official business and is not
reportable under this section.
(c) Gift Disclosure Form and Public Record. Gifts or gratuities meeting the criteria in
105.15-10(a) shall be documented using the Gift Disclosure Form and submitted to the
Office of the Nation’s Secretary within ten (10) business days of receipt.
(1) The Office of the Secretary shall maintain a public record of all reported gifts
and honoraria; and
(2) The Oneida Law Office shall maintain and update the Gift Disclosure Form and
related procedures.
(d) Gifts below the Reporting Threshold. Gifts or honoraria valued at nine hundred ninety
nice dollars ($999) or less are not required to be reported on the Gift Disclosure Form.
(e) Cultural and Ceremonial Gifts. Gifts given in the context of traditional, ceremonial, or
cultural exchange may be exempt from reporting requirements, provided they are not of
significant monetary value and do not create a conflict of interest. Members are encouraged
to consult with the Oneida Law Office when in doubt.
1 O.C. 105 – Page 22
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105.176. Use of the Nation’s Assets
105.176-1. Entities shall maintain all bank accounts for the Nation’s funds in the name of the
Oneida Nation. Bank accounts will be reflected on the Oneida Nation's books in accordance with
Generally Accepted Accounting Principles.
105.176-2. Each member of an entity shall comply with the system of internal accounting
controls sufficient to provide assurances that:
(a) all transactions are executed in accordance with management's authorization; and
(b) access to assets is permitted only in accordance with management's authorization; and
(c) all transactions are recorded to permit preparation of financial statements in
conformity with Generally Accepted Accounting Principles or other applicable criteria.
105.176-3. Any evidence of noncompliance with any policy regarding the use of the Nation’s
tribal assets shall be immediately reported to the Internal Audit department. If the Internal Audit
ddepartment finds evidence of noncompliance, they shall notify the Oneida Law Office, who will
then provide a recommendation to the Government Administrative Office on how to proceed.
make a determination of further action to be taken, if any.
105.187. Dissolution of an Entity
105.187-1. Dissolution of a Task Force or Ad Hoc Committee. A task force or ad hoc committee
dissolves upon a set date or acceptance of a final report. Unless otherwise indicated, the
materials generated by a task force or ad hoc committee shall be forwarded to the Business
Committee Support OfficeBCC Department for proper disposal within two four (24) weeks of
the dissolution.
105.187-2. Dissolution of an Entity. All other entities of the Nation shall be dissolved only by
motion of the Oneida General Tribal Council or the Oneida Business Committee.
105.187-3. Notice of Dissolution. Within five (5) business days of the Oneida General Tribal
Council or the Oneida Business Committee taking official action to dissolve an entity, the Oneida
Business Committee shall provide the entity written notice of the dissolution.
105.187-4. Management of Records and Materials. All Chairpersons and Secretaries of dissolved
entities shall be responsible for finalizing closing out open business of the entity and forwarding
all materials and records to the Business Committee Support OfficeBCC Department for proper
storage and disposal within two four (24) weeks of dissolution. The entity shall not alter or
destroy any records. The Business Committee Support OfficeBCC Department may utilize the
assistance of the Records Management Department and/or any other appropriate department for
the storage and disposal of the records and materials.
(a) The entity may request the Oneida Business Committee to grant an one (1) week
extension of the time allowed to close out open business of the entity and forward all
materials and records to the Business Committee Support OfficeBCC Department.
105.198. Enforcement
105.198-1. Any appointed member of an entity found to be in violation of this law may be
subject to:
(a) termination of appointment by the Oneida Business Committee;
(b) loss of stipend;
1 O.C. 105 – Page 23
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(1) when an appointed member’s stipend is withheld, the Secretary shall submit
written notices to the member, the entity’s Chairperson or Vice-Chairperson, as
applicable, and the BCC Department; or
(c) Any other penalty identified by the entity in the entity’s bylaws.
105.19-2. Any elected member of an entity found to be in violation of this law may be subject to:
(a) loss of stipend or any other sanctions and penaltyies in accordance with any laws or
policies of the Nation governing sanctions and/or penalties;
(b) removal pursuant to any laws or policies of the Nation’s governing removal; or
(c) any other penalty identified by the entity in the entity’s bylaws.
, if the individual is a member of an elected entity; or
(c) termination of appointment by the Oneida Business Committee, if the individual is a member
of an appointed entity.
105.19-3. All entities shall identify in their bylaws the procedures for withholding a member’s
stipend and any other sanctions or penalties identified by that entity as long as those sanctions or
penalties meet the requirements of this law and all other laws, policies, and rules of the Nation.
105.19-4. Appeal. If applicable, a member shall have the right to appeal an enforcement action
pursuant to the requirements and procedures regarding appeals of the law under which the member
received a sanction or penalty.
End.
Adopted - BC-08-02-95-A
Amended - BC-05-14-97-F
Emergency Amended - BC-04-12-06-JJ Amended - BC-09-27-06-E (permanent adoption of emergency
amendments)
Amended – BC-09-22-10-C
Amended – BC-09-26-18-C
Emergency Amended – BC-03-11-20-B
Emergency Amended – BC-03-17-20-C
Amended – BC-08-12-20-B
1 O.C. 105 – Page 24
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Title 1. Government and Finances – Chapter 105
Laotiyanlsh&ha k<tyohkway<=t&=se>
Their laws of the groups we have
BOARDS, COMMITTEES, AND COMMISSIONS
105.1. Purpose and Policy
105.2. Adoption, Amendment, Repeal
105.3. Definitions
105.4. Creation of an Entity
105.5. Applications
105.6. Vacancies
105.7. Appointment to an Entity
105.8. Election to an Entity
105.9. Oath of Office
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105.10. Other Responsibilities
105.11. Bylaws
105.12 Electronic Polling
105.13. Reporting Requirements
105.14. Stipends, Reimbursement, and Compensation
105.15. Official Oneida Nation Email Address
105.16. Standards of Conduct
105.17. Use of the Nation’s Assets
105.18. Dissolution of an Entity
105.19. Enforcement
______________________________________________________________________________
105.1. Purpose and Policy
105.1-1. Purpose. It is the purpose of this law to govern boards, committees, and commissions of
the Nation, including the procedures regarding the appointment and election of individuals to
boards, committees, and commissions, creation of bylaws, maintenance of official records,
compensation, to establish clear standards of conduct, and other items related to boards,
committees, and commissions.
(a) This law shall not apply to the Oneida Business Committee or standing committees of
the Oneida Business Committee.
(b) This law does not apply to Tribal corporations due to the corporate structure and
autonomy of those entities.
105.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for
choosing and appointing or electing the most qualified individuals to boards, committees, and
commissions, for creation of bylaws governing boards, committees, and commissions, and for
the maintenance of information created by, and for, boards, committees, and commissions.
(a) It is further the policy of the Nation that appointed and elected individuals serving on
a board, committee, or commission of the Nation carry themselves in a way that brings
honor to the Oneida people and government. They shall walk with integrity, follow the
laws of the Nation, and uphold the highest standards of ethical conduct in all their duties.
All appointed and elected individuals shall strive to exhibit and uphold the Nation’s core
values of The Good Mind as expressed by On<yote>a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our
future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
105.2. Adoption, Amendment, Repeal
1 O.C. 105 – Page 1
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105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F
and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, BC-09-26-18-C, BC-08-12-20-B,
and BC-__-___-___-__.
105.2-2. This law may be amended or repealed by the Oneida Business Committee or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
105.2-3. 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.
105.2-4. 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.
105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
105.3. Definitions
105.3-1. 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) "Application" means the form by which a person seeks to be appointed to fill a
vacancy on an entity.
(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an
entity by the Oneida Business Committee.
(c) “BCC Department” means the Boards, Committees, and Commissions Department.
(d) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding
holidays recognized by the Nation.
(e) “Bylaws” means a document which provides a framework for the operation and
management of a board, committee, or commission of the Nation chiefly for the
government of its members and the regulation of its affairs.
(f) “Conference” means any training, seminar, meeting, or other assembly of individuals
which is not an assembly of the entity.
(g) “Confidential information” means all information or data, whether printed, written, or
oral, concerning business or customers of the Nation, disclosed to, acquired by, or
generated by a member of an entity in confidence at any time during their appointed or
elected term or during their employment.
(h) “Conflict of interest” means any financial, personal, or political interest, actual or
implied = in which an appointed or elected member or any member of their immediate
family , has that conflicts with any right of the Nation to property, information, or any
other right to own and operate activities free from undisclosed competition or other
violation of such rights of the Nation or to any transaction between the Nation and an
outside party.
(i) “Direct report” means a position which requires direct contact and supervision by the
Oneida Business Committee because of the position, the duties, or the services provided.
Direct reports shall be identified by the Oneida Business Committee through resolution.
(j) "Entity" means a board, committee or commission created by the General Tribal
Council or the Oneida Business Committee whose members are appointed by the Oneida
Business Committee or elected by the Nation’s membership.
1 O.C. 105 – Page 2
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(k) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all
officials of an entity, in order to seek a response which identifies a vote in favor of,
opposing, or abstaining to an issue requiring approval by the entity.
(l) “Fiscal year” means the one (1) year period each year from October 1st to September
30th.
(m) “Joint meeting” means a meeting with the Oneida Business Committee.
(n) “Letter” means a written or printed message addressed to a specific person or
organization; for the purposes of this law, a letter can be on paper or sent electronically.
(o) “Member” means all individuals who are appointed or elected to serve on a board,
committee, or commission created by the Oneida Business Committee or the Oneida
General Tribal Council.
(p) “Nation” means the Oneida Nation.
(q) “Per diem” means the payment made by the Nation to offset the costs of being on
travel on behalf of the Nation.
(r) “Political appointee” means a person who assists an elected member of the Oneida
Business Committee in their daily activities and operations.
(s) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. This also includes prescription medication or over-the-counter medicine
used in an unauthorized or unlawful manner.
(t) “Secretary” means the person elected and serving as the Nation’s Secretary; an officer
position of the Oneida Business Committee.
(u) “Stipend” means the amount paid by the Nation to a person serving on a board,
committee, or commission of the Nation in order to compensate the individual for their
contribution of time, effort, and work for their board, committee, or commission for the
betterment of the Nation.
(v) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all
members of the entity; which is designated one (1) or more specific responsibilities on
behalf of the entity.
(w) “Substantiated complaint” means a complaint or allegation in a complaint that was
found to be valid by clear and convincing evidence.
(x) "Task Force or Ad Hoc" means a group of individuals gathered to pursue a single
goal, the accomplishment of which means the disbanding of the group. The goal is
generally accomplished in a short time period, i.e. less than one year, but the goal itself
may be long term.
(y) "Vacancy" means any position on any board, committee, or commission caused by
resignation, end of term, removal, termination, or creation of a new position.
105.4. Creation of an Entity
105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida
Business Committee or General Tribal Council.
105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all
powers and responsibilities delegated to the entity.
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105.4-3. The Oneida Business Committee or designee shall be responsible for drafting the initial
bylaws of the entity.
105.4-4. The Oneida Business Committee shall be responsible for approving the initial bylaws of
the entity.
105.5. Applications
105.5-1. The BCC Department shall approve all applications to serve on an entity of the Nation.
All application materials shall be available in any location identified by, or in the offices of, the
BCC Department
(a) All applications shall include:
(1) a statement explaining the reporting requirements of section 105.13-3; and
(2) a section regarding disclosures of conflicts of interest.
(b) An additional application form shall be required for those entities that require a
background investigation. This background investigation application shall include the
applicant’s social security number and any other information required for a background
investigation. The background investigation application shall be solely used for the
background investigation and not included in the application materials that are then
shared with the Oneida Business Committee, entity, or the Election Board.
105.5-2. Applications shall be filed with the BCC Department by 4:30 p.m. of the deadline date.
105.5-3. Within eight (8) business days after the posted deadline for filing applications, the BCC
Department shall notify all individuals who have filed an application of the date their application
was received and if their application met the deadline to be considered for the election or
appointment.
105.5-4. Applications for elected positions shall be verified according to the Nation’s laws,
bylaws, or policies governing elections. Applications for appointed positions shall be verified by
the BCC Department as needed or as required in the bylaws of the entity.
105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants
after the deadline has passed for appointed positions, the BCC Department may repost.
(a) If the number of applicants is equal to or less than the number of vacancies then it
shall be determined to be an insufficient number of applicants.
(b) The BCC Department shall notify the Oneida Business Committee if a position will
be reposted.
(c) In the event of reposting, prior applicants will be considered to have filed applications
within the deadline period.
(d) The Oneida Business Committee may consider late applicants.
105.6. Vacancies
105.6-1. The manner by which an individual fills a vacancy, either through appointment or
election, shall determine that member’s status as an appointed or elected official, despite the
entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.
105.6-2. A position on an entity shall be
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