# Oneida Business Committee (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A87a6ffb73ea47d0e ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 84 ~ Oneida Nation Oneida Business Committee Legislative Operating Committee 000000 PO Box 365 • Oneida, WI 54155‐0365 ONEIDA Oneida‐nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING AGENA REVISED Business Committee Conference Room - 2nd Floor Norbert Hill Center January 15, 2025 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. December 18, 2024 LOC Meeting Minutes (pg. 2) III. Current Business 1. Oneida Life Insurance Plan Law Amendments (pg. 4) 2. Petition S. Benton – Move Oneida Nation Arts Program under Tourism or Community Development (pg. 27) 3. Oneida Law Enforcement Ordinance Amendments (pg. 31) IV. New Submissions V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 84 Oneida Nation ~ Oneida Business Committee Legislative Operating Committee OODDDO PO Box 365 • Oneida, WI 54155‐0365 ONEIDA Oneida‐nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center December 4, 2024 9:00 a.m. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Jennifer Webster, Marlon Skenandore Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz Others Present on Microsoft Teams: Rae Skenandore, Kaylynn Gresham, Tavia James-Charles, Ralinda Ninham-Lamberies, Fawn Billie, Fawn Cottrell, Justin Nishimoto, Jason Martinez, Maureen Perkins, Joel Maxam, Sarah White, Mark Powless, Peggy Helm-Quest I. Call to Order and Approval of the Agenda Jameson Wilson called the December 18, 2024, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried unanimously. II. Minutes to be Approved 1. December 4, 2024 LOC Meeting Minutes Motion by Jenny Webster to approve the December 4, 2024 LOC meeting minutes and forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried unanimously. III. Current Business 1. Oneida Life Insurance Plan Law Amendments Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Oneida Life Insurance Plan law; seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and forward the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by January 9, 2025; seconded by Marlon Skenandore. Motion carried unanimously. IV. New Submissions 1. Petition S. Benton- Move Oneida Nation Arts Program under Tourism or ~ Community Development GOOOQO; A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of December 18, 2024 Page 1 of 2 ONEIDA 3 of 84 Motion by Jonas Hill to add the Petition S. Benton – Move Oneida Nation Arts Program under Tourism or Community Development to the Active Files List with Kirby Metoxen 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 9:14 a.m.; seconded by Marlon Skenandore. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of December 18, 2024 Page 2 of 2 4 of 84 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee January 15, 2025 Oneida Life Insurance Plan Law Amendments Submission Date: 6/5/24 LOC Sponsor: Jameson Wilson Public Meeting: 11/15/24 Emergency Enacted: N/A Summary: This item added to the Active Files List on June 5, 2024, at the request of the Chief Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency amendment to the Law to remove section 1004.5-3 which provides that “the Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance provided that recently a member of the Nation missed the deadline by four (4) days, and there would not be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion which directed the LOC to bring this Law back for a one (1) year review of its adoption and implementation. 6/5/24 LOC: Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. 8/26/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore, Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John, Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting was to discuss how the implementation of the Oneida Life Insurance Plan law went during its first year, and begin discussions on whether any amendments to the law are necessary at this time. 8/29/24: Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz. The purpose of this work meeting was to determine what, if any, amendments to make to the Oneida Life Insurance Plan law based on the information received during the One Year Review work meeting held on August 26, 2024. 9/4/24 LOC: Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried unanimously. Page 1 of 3 A good mind. A good heart. A strong fire. 5 of 84 Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas Hill. Motion carried unanimously. 9/18/24 LOC: Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to the Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried unanimously. 10/2/24: E-Poll Conducted. This e-poll was titled, Approval of Canceled October 2, 2024 LOC Meeting Materials . The requested action of this e-poll was to: approve the September 18, 2024, LOC meeting minutes and forward to the Oneida Business Committee; approve the public meeting packet for the proposed amendments to the Oneida Life Insurance Plan law, and forward the Oneida Life Insurance Plan law amendments to a public meeting to be held on November 15, 2024; approve the adoption packet for the Computer Resources Ordinance amendments and forward to the Oneida Business Committee for consideration; approve the public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Investigative Leave Policy; and approve the fiscal impact statement request memorandum and forward the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by October 16, 2024. The e-poll was approved by Jennifer Webster, Kirby Metoxen, Jonas Hill, Jameson Wilson, and Marlon Skenandore. 10/16/24 LOC: Motion by Jonas Hill to enter into the record the results of the October 2, 2024, e-poll entitled, Approval of the Canceled October 2, 2024 LOC Meeting Materials; seconded by Jennifer Webster. Motion carried unanimously. 11/15/24: Public Meeting Held. Present: Jameson Wilson, Clorissa Leeman, Gina Powless, John Danforth, Michelle John, Barbara Metoxen, Bonnie Pigman, Carolyn Salutz, Diana Hernandez, Grace Elliott, Jason Martinez, Jesse Kujawa, Justin Nishimoto, Katherine Jordan, Lee Schuyler, Mae Cornelius, Matthew Denny, Patricia Garvey, Ronald Wurth, Todd Vandenheuvel. Five (5) individuals provided comments during the public meeting. 11/22/24: Public Comment Period Closed. Two (2) individuals provided written comments during the public comment period. 12/4/24 LOC: Motion by Jenny Webster to accept the public comments and the public comment revie memorandum and defer to a work meeting for further consideration; seconded by Kirby Metoxen. Motion carried unanimously. 12/4/24: Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Maureen Perkins. The purpose of this work meeting was to review and consider the public comments received. 12/18/24 LOC: Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Oneida Life Insurance Plan law; seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and forward the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by January 9, 2025; seconded by Marlon Skenandore. Motion carried unanimously. 12/27/24: Fiscal Impact Statement Received. The Finance Administration provided the LOC the fiscal impact statement. A good mind. A good heart. A strong fire. Page 2 of 3 ~ ONEIDA 6 of 84 Next Steps:  Approve the adoption packet for the Oneida Life Insurance Plan law amendments and forward to the Oneida Business Committee for consideration. A good mind. A good heart. A strong fire. Page 3 of 3 ~ ONEIDA 7 of 84 Oneida Nation =DODDDD= PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Oneida Business Committee Jameson Wilson, LOC Chairperson January 15, 2025 Adoption of Amendments to the Oneida Life Insurance Plan Law Please find the following attached backup documentation for your consideration of the adoption of amendments to the Oneida Life Insurance Plan law: 1. 2. 3. 4. 5. 6. Resolution: Amendments to the Oneida Life Insurance Plan Law Statement of Effect: Amendments to the Oneida Life Insurance Plan Law Oneida Life Insurance Plan Law Amendments Legislative Analysis Oneida Life Insurance Plan Law Amendments Draft (Redline) Oneida Life Insurance Plan Law Amendments Draft (Clean) Oneida Life Insurance Plan Law Amendments Fiscal Impact Statement Overview The purpose of the Oneida Life Insurance Plan law is to provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1].Amendments to the Oneida Life Insurance Plan law are being sought to include an appeal section which provides that an individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee, and subsequently any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final. [10 O.C. 1004.9-1]. The Legislative Operating Committee developed the proposed amendments to the Oneida Life Insurance Plan law through collaboration with representatives from the Oneida Law Office, Finance Administration, Oneida Trust Enrollment Department, and Central Accounting. The Legislative Operating Committee held three (3) work meetings on the development of the amendments to the Oneida Life Insurance Plan law. The development of the amendments to the Oneida Life Insurance Plan law complies with all processes and procedures required by the Legislative Procedures Act, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. The Legislative Operating Committee held a public meeting on the proposed amendments to the Oneida Life Insurance Plan law on November 15, 2024, with five (5) individuals providing oral comments. The public comment period for the amendments to this Oneida Life Insurance Plan law was held open until November 22, 2024, with two (2) submissions of written comments received. The Legislative Operating Committee accepted, reviewed, and considered the public comments Page 1 of 2 A good mind. A good heart. A strong fire. 8 of 84 received on December 4, 2024. The amendments to the Oneida Life Insurance Plan law will become effective on February 5, 2025. Requested Action Adopt the Resolution: Amendments to the Oneida Life Insurance Plan Law Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA Oneida Nation 9 of 84 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 BC Resolution # Amendments to the Oneida Life Insurance Plan Law WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Life Insurance Plan law (“the Law”) was adopted by the Oneida Business Committee through resolution BC-08-23-23-G; and WHEREAS, the purpose of this Law is to provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law; and WHEREAS, the amendments to the Law add a new section which provides that an individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee, and subsequently any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final; and WHEREAS, the Legislative Operating Committee developed the proposed amendments to the Law through collaboration with representatives from the Oneida Law Office, Finance Administration, Oneida Trust Enrollment Department, and Central Accounting; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were completed for the proposed amendments to the Law; and WHEREAS, the Legislative Operating Committee held a public meeting on the proposed amendments to the Law on November 15, 2024, with five (5) individuals providing oral comments, and the public comment period for the amendments to this Law was held open until November 22, 2024, with two (2) submissions of written comments received; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered the public comments received on December 4, 2024; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments to the Oneida Life Insurance Plan law, which shall become effective on February 5, 2025. 10 of 84 Oneida Nation ~ Oneida Business Committee Legislative Operating Committee 000000 PO Box 365 • Oneida, WI 54155‐0365 ONEIDA Oneida‐nsn.gov Statement of Effect Amendments to the Oneida Life Insurance Plan Law Summary This resolution adopts amendments to the Oneida Life Insurance Plan law. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: January 15, 2025 Analysis by the Legislative Reference Office This resolution adopts amendments to the Oneida Life Insurance Plan law. The purpose of the Oneida Life Insurance Plan law is to provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1].Amendments to the Oneida Life Insurance Plan law are being sought to include an appeal section which provides that an individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee, and subsequently any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final. [10 O.C. 1004.9-1]. Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”), which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Oneida Life Insurance Plan law amendments complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. The Legislative Operating Committee held a public meeting on the proposed amendments to the Oneida Life Insurance Plan law on August 21, 2024. No individuals provided public comments during this public meeting. The public comment period was then held open until August 28, 2024. No written comments were received during this public comment period. The Legislative Operating Committee held a public meeting on the proposed amendments to the Oneida Life Insurance Plan law on November 15, 2024, with five (5) individuals providing oral comments. The public comment period for the amendments to this Oneida Life Insurance Plan law was held open until November 22, 2024, with two (2) submissions of written comments received. The Legislative Operating Committee accepted, reviewed, and considered the public comments received on December 4, 2024. The amendments to the Oneida Life Insurance Plan law will become effective on February 5, 2025. Page 1 of 2 A good mind. A good heart. A strong fire. 11 of 84 Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 12 of 84 Analysis to Draft 2 2025 01 15 ONEIDA LIFE INSURANCE PLAN LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Analysis by the Legislative Reference Office Include an appeal section which provides that an individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee, and subsequently any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final. [10 O.C. 1004.9-1]. The purpose of this law is to provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. Oneida Trust Enrollment Department, Members of the Nation A public meeting was held on November 15, 2024. Five (5) individuals provided comments during the public meeting. The public comment period was then held open until November 22, 2024. Two (2) individuals provided written comments during the public comment period. A fiscal impact statement was received from Finance on December 27, 2024. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Oneida Life Insurance Plan law was adopted by the Oneida Business Committee in August of 2023 through resolution BC-08-23-23-G. The purpose of the Oneida Life Insurance Plan law is to the purpose of providing a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. It is the policy of the Nation to care for its members and their families even after their death. [10 O.C. 1004.1-2]. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable and expedient distribution to designated beneficiaries. Id. The General Tribal Council, through resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. [10 O.C. 1004.1-1(a)]. The General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. Id. The payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and welfare of the community. Id. B. Request for Amendments. This item added to the Active Files List on June 5, 2024, at the request of the Chief Financial Officer (CFO), Ralinda Ninham-Lamberies. The CFO requested the Legislative Operating Committee consider an emergency amendment to the Law to remove section 1004.5-3 which Page 1 of 5 13 of 84 Analysis to Draft 2 2025 01 15 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 provides that “the Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance provided that recently a member of the Nation missed the deadline by four (4) days, and there would not be an increase in liability is this provision is removed due to limited staff availability. The Legislative Operating Committee determined this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the Legislative Procedures Act, but decided to add this item to the Active Files List anyways due to the August 20, 2023 Oneida Business Committee motion which directed the Legislative Operating Committee to bring this Law back for a one (1) year review of its adoption and implementation. C. One Year Review. When the Oneida Life Insurance Plan law was adopted in August of 2023, the Oneida Business Committee also directed that the Oneida Life Insurance Plan law be brought back to the Legislative Operating Committee in one (1) year for review. On August 26, 2024, the Legislative Operating Committee meet with the Trust Enrollments Department, Finance, and the Oneida Law Office to discuss the status of implementation of the Oneida Life Insurance Plan law during its first year, and to begin discussions on whether any amendments to the law are necessary at this time. The Legislative Operating Committee accepted the memorandum entitled, One (1) Year Review of the Oneida Life Insurance Plan Law, on September 4, 2024. Overall, the Trust Enrollments Department, Finance, and the Oneida Law Office provided that the implementation of the Oneida Life Insurance Plan law has been smooth and the law is operating as it was intended. Although the Oneida Life Insurance Plan law is working as intended, the Legislative Operating Committee was asked by Finance to consider two (2) areas where amendments to the Oneida Life Insurance Plan law could potentially result in improvements in how the law is administered: (1) Section 1004.5-2(d) and 1004.6-3: regarding the requirement that funeral expenses be paid directly to the funeral home first before any remaining funds are paid to beneficiary; and (2) Section 1004.5-3: regarding the notice of death requirement of one (1) year. Ultimately, the Legislative Operating Committee decided to pursue amendments to the Oneida Life Insurance Plan law to address the length of time for the notice of death requirement. In the one (1) year review the Oneida Trust Enrollment Department provided the following statistics that were current as of August 29, 2024, to provide some perspective on how the Oneida Life Insurance Plan has been administered during its first year: Oneida Life Insurance Plan Law Statistics Month Deaths Reported OLIP Claims September 2023 October 2023 November 2023 December 2023 January 2024 February 2024 March 2024 April 2024 May 2024 June 2024 13 12 10 18 16 22 15 10 23 13 12 12 9 16 17 22 13 10 23 13 Page 2 of 5 Claims that Provided a Beneficiary 9 11 9 13 15 19 13 10 21 10 Claims that Did Not Provide a Beneficiary 3 1 0 3 2 3 0 0 2 3 14 of 84 Analysis to Draft 2 2025 01 15 July 2024 August 2024 10 12 9 2 8 2 1 0 48 49 50 51 52 53 54 55 56 57 58 59 60 SECTION 3. CONSULTATION AND OUTREACH 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 SECTION 4. PROCESS A. Representatives from the following departments or entities participated in the development of the amendments to the Oneida Life Insurance Plan law and this legislative analysis:  Oneida Law Office;  Finance Administration;  Oneida Trust Enrollments Department; and  Central Accounting. B. The following laws were reviewed in the drafting of this analysis:  Oneida General Welfare law; and  Administrative Rulemaking law. A. The development of the proposed amendments to the Oneida Life Insurance Plan law complies with the process set forth in the Legislative Procedures Act (LPA).  On June 5, 2024, the Legislative Operating Committee added the Oneida Life Insurance Plan law to its Active Files List.  On September 4, 2024, the Legislative Operating Committee approved the draft of proposed amendments to the Oneida Life Insurance Plan law.  On September 18, 2024, the Legislative Operating Committee approved the legislative analysis for the proposed amendments to the Oneida Life Insurance Plan law.  On October 2, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval of Canceled October 2, 2024 LOC Meeting Materials, which included a requested action of approve the public meeting packet for the proposed amendments to the Oneida Life Insurance Plan law, and forward the Oneida Life Insurance Plan law amendments to a public meeting to be held on November 15, 2024. This e-poll was approved by Jennifer Webster, Kirby Metoxen, Jonas Hill, Jameson Wilson, and Marlon Skenandore.  On October 16, 2024, the Legislative Operating Committee entered into the record the results of the October 2, 2024, e-poll entitled, Approval of the Canceled October 2, 2024 LOC Meeting Materials.  On November 15, 2024, a public meeting on the proposed amendments to the Law was held. Five (5) individuals provided comments during the public meeting.  The public comment period was then held open until November 22, 2024. Two (2) individuals provided written comments during the public comment period.  On December 4, 2024, the Legislative Operating Committee accepted the public comments and the public comment revie memorandum and deferred these items to a work meeting for further consideration. The Legislative Operating Committee reviewed and considered the public comments received that same day.  On December 18, 2024, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Page 3 of 5 15 of 84 Analysis to Draft 2 2025 01 15 89 90 91 92 93 94 95 96 97 98 99 100 Oneida Life Insurance Plan law, and approved the fiscal impact statement request memorandum and forwarded the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by January 9, 2025.  On December 27, 2024, the Finance Administration provided the Legislative Operating Committee with the fiscal impact statement. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of the amendments to this Law:  August 26, 2024: LOC work session with the Oneida Law Office, Finance Administration, Oneida Trust Enrollments Department, and Central Accounting.  August 29, 2024: LOC work session.  December 4, 2024: LOC work session. 101 102 103 104 105 106 107 108 109 110 111 112 SECTION 5. CONTENTS OF THE LEGISLATION 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 SECTION 6. EXISTING LEGISLATION A. Appeals. The proposed amendments to the Law add in a new section that addresses appeals. The Law now provides that an individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee, and subsequently any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final. [10 O.C. 1004.9-1].  Effect. Although the Legislative Operating Committee is confidant in the Oneida Trust Enrollment Department’s ability to oversee and manage the Oneida Life Insurance Plan in accordance with this law, they wanted to ensure individuals who believe they were wrongfully denied benefits have a mechanism to have that decision reviewed. A. Related Legislation. The following laws of the Nation are related to this Law:  Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides assistance to eligible members on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal members. [10 O.C. 1001.1-1].  The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Life Insurance Plan meets the requirements of the General Test as defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2].  Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient, effective, and democratic process for enacting and revising administrative rules, to ensure that authorized agencies act in a responsible and consistent manner when enacting and revising administrative rules. [1 O.C. 106.1-2].  The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust Enrollment Department to promulgate rules to govern the administration of the Oneida Life Insurance Plan. [10 O.C. 1004.8-1].  Any rules promulgated by the Oneida Trust Enrollment Department must be done in accordance with the process and procedures of the Administrative Rulemaking law. Page 4 of 5 16 of 84 Analysis to Draft 2 2025 01 15 132 133 SECTION 7. OTHER CONSIDERATIONS 134 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 135 legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC136 10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures 137 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 138 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 139 completing the fiscal impact statement. 140  Conclusion. On December 27, 2024, the Finance Administration provided the Legislative 141 Operating Committee with a fiscal impact statement. 142 Page 5 of 5 17 of 84 Draft 2 (Redline to Current) for OBC Consideration 2025 01 15 Title 10. General Welfare Exclusion - Chapter 1004 ONEIDA LIFE INSURANCE PLAN 1004.1. Purpose and Policy 1004.2. Adoption, Amendment, Repeal 1004.3. Definitions 1004.4. Establishment 1004.4. Establishment 1004.5. Qualifications, Designation of Beneficiary, and Notice 1004.5. Qualifications, Designation of Beneficiary, and Notice 1004.6. Beneficiary Claim Process and Distribution 1004.7. Funding 1004.8. Administrative Rulemaking 1004.1. Purpose and Policy 1004.2. Adoption, Amendment, Repeal 1004.3. Definitions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1004.6. Beneficiary Claim Process and Distribution 1004.7. Funding 1004.8. Administrative Rulemaking 1004.9. Appeals 1004.1. Purpose and Policy 1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. (a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and welfare of the community. 1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable and expedient distribution to designated beneficiaries. 1004.2. Adoption, Amendment, Repeal 1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G. and amended by resolution BC-__-__-__-__. 1004.2-2. 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. 1004.2-3. 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. 1004.2-4. 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. 1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1004.3. Definitions 1004.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) "Approved program" means any program(s) to provide general welfare assistance that is intended to qualify as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation in accordance with the Oneida General Welfare law. (b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral expenses of an enrolled member of the Nation, with any residual amounts paid thereafter 10 O.C. 1004 – Page 1 18 of 84 Draft 2 (Redline to Current) for OBC Consideration 2025 01 15 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 to the designated beneficiary. (c) “Decedent” means the deceased person. (d) “Designated Beneficiary” means any person(s) designated by the enrolled member of the Nation, through the approved beneficiary designation form, to receive all or a portion of the decedent’s Oneida Life Insurance Plan benefit. (e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced by the funeral home including, but not limited to, the following: (1) funeral planning; (2) securing the necessary permits and copies of death certificates; (3) preparing the notices; (4) sheltering the remains; (5) coordinating the arrangements with the cemetery, crematory or other third parties; (6) transporting the remains; (7) embalming and other preparation; (8) viewing, ceremony, or memorial services; (9) use of a hearse or limousine; (11) a casket, outer burial container or alternate container; (11) monuments; and (12) cremation or interment. (f) “Nation” means the Oneida Nation. 1004.4. Establishment 1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare law. The purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary. 1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). (a) The assistance provided through the Oneida Life Insurance Plan is: (1) paid on behalf of the Nation; (2) pursuant to an approved program of the Nation; (3) does not discriminate in favor of members of the governing body of the Nation; (4) available to any eligible member of the Nation who meets the guidelines of the approved program; (5) provided for the promotion of general welfare; (6) not lavish or extravagant; (7) not compensation for services; and (8) not a per capita payment. (b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses related to a death as Safe Harbor program for which need is presumed. 10 O.C. 1004 – Page 2 19 of 84 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Draft 2 (Redline to Current) for OBC Consideration 2025 01 15 1004.5. Qualifications, Designation of Beneficiary, and Notice 1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. (a) Newly enrolled members of the Nation shall be covered the date their enrollment application is approved by Oneida Trust Enrollment Committee and Oneida Business Committee. (b) Members of the Nation that have relinquished their membership shall not be covered from the date their relinquishment request is approved by the Oneida Trust Enrollment Committee and Oneida Business Committee. 1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. (a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the effective date of this law shall remain valid. (b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. (c) A parent or legal guardian shall complete and submit a beneficiary designation form on behalf of their minor child or ward. (d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated. 1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution. 1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight and management of the Oneida Life Insurance Plan. 1004.6. Beneficiary Claim Process and Distribution 1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules relating to determination of death and status are applicable: (a) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent; (b) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and (c) A person who is absent for a continuous period of seven (7) years, during which they have not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. 10 O.C. 1004 – Page 3 20 of 84 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Draft 2 (Redline to Current) for OBC Consideration 2025 01 15 1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing under this law. 1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following order: (a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid invoice therefrom; (1) Any expenses beyond the funeral expenses shall be the responsibility of the beneficiary, family of the decedent, or any other responsible parties. (b) Residual benefits shall be paid to the designated beneficiary. 1004.7. Funding 1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the Nation. 1004.8. Administrative Rulemaking 1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment Department shall be delegated administrative rulemaking authority in accordance with the Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida Life Insurance Plan. 1004.9. Appeals 1004.9-1. An individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee. Any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final. End. Emergency Adopted – BC-09-28-22-C Emergency Extension – BC-03-22-23-C Adopted – BC-08-23-23-G Amended – BC-__-__-__-__ 10 O.C. 1004 – Page 4 21 of 84 Draft 2 for OBC Consideration 2025 01 15 Title 10. General Welfare Exclusion - Chapter 1004 ONEIDA LIFE INSURANCE PLAN 1004.1. Purpose and Policy 1004.2. Adoption, Amendment, Repeal 1004.3. Definitions 1004.4. Establishment 1004.5. Qualifications, Designation of Beneficiary, and Notice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1004.6. Beneficiary Claim Process and Distribution 1004.7. Funding 1004.8. Administrative Rulemaking 1004.9. Appeals 1004.1. Purpose and Policy 1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. (a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and welfare of the community. 1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable and expedient distribution to designated beneficiaries. 1004.2. Adoption, Amendment, Repeal 1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G and amended by resolution BC-__-__-__-__. 1004.2-2. 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. 1004.2-3. 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. 1004.2-4. 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. 1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1004.3. Definitions 1004.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) "Approved program" means any program(s) to provide general welfare assistance that is intended to qualify as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation in accordance with the Oneida General Welfare law. (b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral expenses of an enrolled member of the Nation, with any residual amounts paid thereafter to the designated beneficiary. (c) “Decedent” means the deceased person. (d) “Designated Beneficiary” means any person(s) designated by the enrolled member of the Nation, through the approved beneficiary designation form, to receive all or a portion 10 O.C. 1004 – Page 1 22 of 84 Draft 2 for OBC Consideration 2025 01 15 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 of the decedent’s Oneida Life Insurance Plan benefit. (e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced by the funeral home including, but not limited to, the following: (1) funeral planning; (2) securing the necessary permits and copies of death certificates; (3) preparing the notices; (4) sheltering the remains; (5) coordinating the arrangements with the cemetery, crematory or other third parties; (6) transporting the remains; (7) embalming and other preparation; (8) viewing, ceremony, or memorial services; (9) use of a hearse or limousine; (11) a casket, outer burial container or alternate container; (11) monuments; and (12) cremation or interment. (f) “Nation” means the Oneida Nation. 1004.4. Establishment 1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare law. The purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary. 1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). (a) The assistance provided through the Oneida Life Insurance Plan is: (1) paid on behalf of the Nation; (2) pursuant to an approved program of the Nation; (3) does not discriminate in favor of members of the governing body of the Nation; (4) available to any eligible member of the Nation who meets the guidelines of the approved program; (5) provided for the promotion of general welfare; (6) not lavish or extravagant; (7) not compensation for services; and (8) not a per capita payment. (b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses related to a death as Safe Harbor program for which need is presumed. 1004.5. Qualifications, Designation of Beneficiary, and Notice 1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. 10 O.C. 1004 – Page 2 23 of 84 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Draft 2 for OBC Consideration 2025 01 15 (a) Newly enrolled members of the Nation shall be covered the date their enrollment application is approved by Oneida Trust Enrollment Committee and Oneida Business Committee. (b) Members of the Nation that have relinquished their membership shall not be covered from the date their relinquishment request is approved by the Oneida Trust Enrollment Committee and Oneida Business Committee. 1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. (a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the effective date of this law shall remain valid. (b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. (c) A parent or legal guardian shall complete and submit a beneficiary designation form on behalf of their minor child or ward. (d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated. 1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution. 1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight and management of the Oneida Life Insurance Plan. 1004.6. Beneficiary Claim Process and Distribution 1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules relating to determination of death and status are applicable: (a) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent; (b) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and (c) A person who is absent for a continuous period of seven (7) years, during which they have not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. 1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing under this law. 1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following order: 10 O.C. 1004 – Page 3 24 of 84 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Draft 2 for OBC Consideration 2025 01 15 (a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid invoice therefrom; (1) Any expenses beyond the funeral expenses shall be the responsibility of the beneficiary, family of the decedent, or any other responsible parties. (b) Residual benefits shall be paid to the designated beneficiary. 1004.7. Funding 1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the Nation. 1004.8. Administrative Rulemaking 1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment Department shall be delegated administrative rulemaking authority in accordance with the Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida Life Insurance Plan. 1004.9. Appeals 1004.9-1. An individual designated as the beneficiary of a decedent who believes they were wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee. Any decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of benefits is final. End. Emergency Adopted – BC-09-28-22-C Emergency Extension – BC-03-22-23-C Adopted – BC-08-23-23-G Amended – BC-__-__-__-__ 10 O.C. 1004 – Page 4 25 of 84 " FINANCE ADMINISTRATION GDDDOD= Fiscal Impact Statement ONEIDA MEMORANDUM TO: RaLinda Ninham-Lamberies, Chief Financial Officer FROM: Rae Skenandore, Senior Analyst/Budget Coordinator DATE: December 24, 2024 RE: Fiscal Impact of the Proposed Amendment to the Oneida Life Insurance Plan Law I. Estimated Fiscal Impact Summary Law: Amendments to the Oneida Life Insurance Plan Law I Draft 2 Implementing Agency Oneida Trust Enrollment Department Estimated time to comply Estimated Impact Total Estimated Fiscal Impact 10 days, in compliance with the Legislative Procedures Act Current Fiscal Year 10 Year Estimate No Fiscal Impact No Fiscal Impact II. Background This Law was originally adopted by the Oneida Business Committee on August 23rd of 2023 through resolution BC-08-23-23-G. The purpose of the law is to provide a death to all eligible enrolled Oneida Nation members. It is the policy of the Nation to care for its members and their families even after their death. According to the Legislative Reference Office (LRO), the proposed amendments to the law are based on the one-year review and include the following.  Include an appeal section. 1 26 of 84 III. Methodology and Assumptions A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial effects associated with legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate of the amount of time necessary for an agency to comply with the Law after implementation. Finance does NOT identify the source of funding for the estimated cost or allocate any funds to the legislation. The analysis was completed based on the information provided as of the date of this memo. IV. Findings The OLIP process was internalized in 2023. There are no added start-up costs, no increases in personnel are needed, and no increases in office or documentation costs. The law can be implemented in 10 days, in compliance with the Legislative Procedures Act V. Financial Impact There is no additional fiscal impact of implementing this legislation. VI. Recommendation Finance does not make a recommendation about a course of action in this matter. Rather, it is the purpose of this analysis to disclose the potential fiscal impact of this legislation, so that the Oneida Business Committee and General Tribal Council has the information with which to render a decision. 2 A good mind. A good heart. A strong fire. ~ ONEIDA 27 of 84 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee January 15, 2025 Petition: S. Benton -Move ONAP under Tourism or Community Development Submission Date: 12/18/24 LOC Sponsor: Kirby Metoxen Summary: On November 22, 2024, the Petition S. Benton – Move Oneida Nation Art Program under Tourism or Community Development was submitted. On November 25, 2024, the Oneida Trust Enrollment Department verified the signatures for the Petition. The Oneida Business Committee acknowledged receipt of this Petition on December 11, 2024. This petition calls for a special General Tribal Council (GTC) meeting to be called to consider the following: Move the Oneida Natin Arts Program (ONAP) along with its budget, assets, and infrastructure from the Human Services Division to either the Tourism or Community Development. ONAP isn’t as social service program. By integrating ONAP into the Community Development or Tourism Division, we can create a more vibrant, economically robust, and attractive region for both residents and visitors. Currently, ONAP is understaffed. By moving ONAP into a different division, there would be better administrative support, shared resources, sand partnerships, so ONAP could operate more efficiently and cost-effectively. ONAP has the potential to develop professional artists, improve quality of life, boost our local tourism economy, and establish our region as a cultural destination for tourists and in turn boost our tourism economy. ONAP also has the potential to spearhead the development of an “arts district” that would feature public spaces for the arts such as exhibition and gallery spaces, performance venues, and public art installations like murals, sculptures, and arts related special events. 12/11/24 OBC: Motion by Lawrence Barton to acknowledge receipt of the petition from Sherrole Benton regarding Move Oneida Nation Arts Program under Tourism or Community Development; to direct the BC Direct Report Offices to complete and submit their administrative impact statements of the petition to the Tribal Secretary mailbox by Thursday, January 2, 2025; and to direct the Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review, fiscal impact statement, and statement of effect with status updates to be submitted for the January 22, 2025, regular Business Committee meeting agenda and the first Business Committee meeting of the month thereafter or until the final documents are submitted, seconded by Kirby Metoxen. Motion carried. 12/18/24 LOC: Motion by Jonas Hill to add the Petition S. Benton – Move Oneida Nation Arts Program under Tourism or Community Development to the Active Files List with Kirby Metoxen as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. Page 1 of 2 A good mind. A good heart. A strong fire. 28 of 84 Next Steps:  Accept the statement of effect for the Petition: S. Benton – Move Oneida Nation Art Program under Tourism or Community Development and forward to the Oneida Business Committee. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 29 of 84 Oneida Nation Oneida Business Committee Legislative Operating Committee S PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA Statement of Effect Petition: S. Benton -Move ONAP under Tourism or Community Development Summary This petition requests the General Tribal Council to consider moving the Oneida Nation Arts Program along with its budget, assets, and infrastructure from the Human Services Division to either the Tourism or Community Development. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: January 15, 2025 Analysis by the Legislative Reference Office On November 22, 2024, the Petition: S. Benton – Move Oneida Nation Art Program under Tourism or Community Development (“the Petition”) was submitted to the Government Administrative Office by Sherrole Benton and has since been verified by the Oneida Trust Enrollment Department on November 25, 2024. On December 11, 2024, the Oneida Business Committee acknowledged receipt of the Petition and directed the Oneida Business Committee Direct Report Offices to complete and submit their administrative impact statements of the petition to the TribalSecretary mailbox by January 2, 2024. On December 18, 2024, the Legislative Operating Committee added the Petition to the Active Files List to be worked on by the Legislative Reference Office. The Legislative Reference Office currently is working on the development of the statement of effect for this Petition. The purpose of this Petition is to call a special meeting of the General Tribal Council to consider the following: Move the Oneida Nation Arts Program (ONAP) along with its budget, assets, and infrastructure from the Human Services Division to either the Tourism or Community Development. ONAP isn’t as social service program. By integrating ONAP into the Community Development or Tourism Division, we can create a more vibrant, economically robust, and attractive region for both residents and visitors. Currently, ONAP is understaffed. By moving ONAP into a different division, there would be better administrative support, shared resources, sand partnerships, so ONAP could operate more efficiently and cost-effectively. ONAP has the potential to develop professional artists, improve quality of life, boost our local tourism economy, and establish our region as a cultural destination for tourists and in turn Page 1 of 2 A good mind. A good heart. A strong fire. 30 of 84 boost our tourism economy. ONAP also has the potential to spearhead the development of an “arts district” that would feature public spaces for the arts such as exhibition and gallery spaces, performance venues, and public art installations like murals, sculptures, and arts related special events. All applicable laws and policies of the Nation were reviewed in developing this statement of effect for the Petition. The Petition’s directive that the Oneida Nation Arts Program’s placement within the Nation’s organization be moved would not have any impacts on legislation of the Nation. There are no laws of the Nation that govern how the Nation organizes its various programs. The Oneida Nation Arts Program – Dollar for Arts Project Policies does reference the Oneida Nation Arts Program, but only in regard to its responsibilities for the Dollars for Arts Project Awards and Fellowships, and not in regard to its placement within the Nation’s organizational structure. [1 O.C. 128]. Conclusion After a review of all applicable laws and policies of the Nation, it has been determined that the adoption of the S. Benton – Move Oneida Nation Art Program under Tourism or Community Development would not result in a legislative impact. Requested Action Accept the statement of effect for the Petition: S. Benton – Move Oneida Nation Art Program under Tourism or Community Development. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 31 of 84 Oneida Nation HANDOUT "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee January 15, 2025 Oneida Nation Law Enforcement Ordinance Amendments Submission Date: 9/17/14 LOC Sponsor: Jonas Hill Public Meeting: n/a Emergency Enacted: n/a Summary: This item was carried over from the previous three terms. The item was originally added to the Active Files List per the request of the Oneida Police Department and the Oneida Law Office that clarification be added to the law regarding whether the Nation’s Conservation wardens qualify as sworn officers. 9/17/14 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation Officers to the Active Files List; seconded by Tehassi Hill. Motion carried unanimously. Note: Tehassi Hill will be the sponsor for this item. 10/10/16: Quarterly Sponsor Update Meeting held. Present: Tehassi Hill, Maureen Perkins, Tani Thurner, Clorissa Santiago, Krystal John. No new updates. 9/6/17 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation Officers to the active files list with Ernie Stevens III as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. 11/1/17 LOC: Motion by Kirby Metoxen approve the 60-day active files list update and continue development of all the items on the active files list; seconded by Ernie Stevens III. Motion carried unanimously. 10/7/20 LOC: Motion by Kirby Metoxen to add the Law Enforcement Ordinance Amendments to the Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. 12/09/21: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kristal Hill, Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes of efficiency, amendments to the Ordinance should be developed and adopted simultaneous with the ONGO amendments; specifically, as they relate to the transition of the Security Department (as set forth in ONGO) from under the Oneida Police Department to under a Public Safety Commission, which will be created through re-establishment of the Oneida Police Commission via amendments to this Ordinance. The next step is for the drafting attorney to meet with the heads of the Police Department and Conservation Department to discuss the aforementioned transition. Page 1 of 4 A good mind. A good heart. A strong fire. 32 of 84 12/15/21: Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to discuss the meeting scheduled for December 21, 2021 with the heads of the Oneida Police Department and Conservation Department to discuss the transition of the Conservation Department from under the Police Department to under a re-established Oneida Police Commission to be renamed the Public Safety Commission. 12/21/21: Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Joel Maxam, Eric Boulanger, Shad Webster, Terry Metoxen, Nicole Rommel, Kristal Hill, Rhiannon Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to discuss amendments to the Oneida Law Enforcement Ordinance as they relate to the oversight of the Conservation Department. The next step is for the Police Department and Conservation Department to forward their policies/ protocols to the LRO so that it may review them in anticipation of discussing the issue in more depth with the LOC. 1/28/22: Work Meeting. Present: Richard VanBoxtel, Jeanette Ninham, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to hear from members of the Oneida Police Commission in regards to the proposal to reorganize the Commission, as well as the Conservation Department, in a manner that better suits the Nation and its members. 6/23/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to clarify some drafting questions to provide greater direction as to the drafting of potential amendments to the Law. 7/6/22: Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Eric Boulanger, Joel Maxam. Terry Metoxen, Kelly McAndrews. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to begin discussing potential amendments to the Law. 8/3/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to discuss an e-mail received from Attorney Kelly McAndrews providing that the Oneida Law Office and Oneida Police Department no longer support the creation of a Public Safety Commission that would oversee the Security Department in addition to the Police Department. 9/19/22: Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Kristal Hill, Eric Boulanger, Joel Maxam, Richard VanBoxtel, Kelly McAndrews, Katsitsiyo Danforth. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to discuss a memorandum from OPD, Law Office, and Security regarding some concerns with including Security within the Law Enforcement Ordinance, as well as additional areas within the Law Enforcement Ordinance that will need amending. 9/21/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Rhiannon Metoxen, Grace Elliott. This was a work meeting held through Microsoft Teams. The purpose of the meeting A good mind. A good heart. A strong fire. Page 2 of 4 ~ ONEIDA 33 of 84 was to follow up on the September 19, 2022, work meeting and make a final determination as to whether to move forward with the development of the Public Safety Commission. 10/3/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill, Katsitsiyo Danforth, Louise Cornelius. This was a work meeting held through Microsoft Teams. The purpose of the meeting was to discuss with the Gaming General Manager, Gaming maintaining some responsibilities over the Security Department even after it moves to under the Public Safety Commission. 10/4/23 LOC: Motion by Jennifer Webster to add the Law Enforcement Ordinance Amendments to the Active Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried unanimously. 3/6/24: Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon Skenandore, Jonas Hill, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Maureen Perkins, Kristal Hill. The purpose of this work meeting was to review the Oneida Nation Law Enforcement Ordinance and discuss potential amendments. 3/28/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose of this work meeting was to discuss the removal of “sergeant” from section 301.5-3(d) of the law. 4/19/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Dan Skenandore, Fawn Cottrell, Katsitsiyo Danforth, Maureen Perkins. The purpose of this work meeting was to review the updated draft of the proposed amendments to the Oneida Nation Law Enforcement Ordinance. 6/7/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Brandon Vandehei, Richard VanBoxtel, Katsitsiyo Danforth, Carolyn Salutz, Kristal Hill, Maureen Perkins. The purpose of this work meeting was to review the updated draft of the proposed amendments to the Oneida Nation Law Enforcement Ordinance, and specifically obtain the input of the Oneida Police Commission. 7/26/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Maureen Perkins, Richard VanBoxtel, Eric Boulanger. The purpose of this work meeting was to review some final topics in the Oneida Law Enforcement Ordinance draft – particularly looking at section 301.6-4 so we can have some discussion on what responsibilities the Commission should have over the Department so it best reflects current practice. 9/4/24 LOC: Motion by Jonas Hill to approve the draft of the proposed amendments to the Oneida Law Enforcement Ordinance and direct that a legislative analysis be completed; seconded by Kirby Metoxen. Motion carried unanimously. 9/4/24: OBC Officers Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Lisa Liggins, Lisa Summers, Lawrence Barton, Danelle White, Tehassi Hill, Brandon Yellowbird-Stevens. Members of the LOC were called into the OBC Officers’ meeting to discuss the progress of the Oneida Law Enforcement Ordinance amendments and the future placement of the Internal Security Department. Some Officers expressed concern with placing the Internal Security Department under the future Oneida Public Safety and Security Commission and asked for reconsideration of the idea to place the Internal Security Department under the Gaming General A good mind. A good heart. A strong fire. Manager. The LOC provided they would take this into consideration. ~ Page 3 of 4 ONEIDA 34 of 84 9/4/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie. The purpose of this work session was to consider the request made from the OBC Officers. LOC decided to hold one more work session with the larger work group to consider the Officers’ request for reconsideration of the placement of the Internal Security Department under the Gaming General Manager. 10/8/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon Skenandore, Clorissa Leeman, Eric Boulanger, Joel Maxam, Kristal Hill, Maureen Perkins, Reynold Danforth, Katsitsiyo Danforth, Mark Powless, Jeremy King, Fawn Cottrell, Michelle Braaten. The purpose of this work meeting was to have one final discussion on the placement of the Internal Security Department with the broader work team before the draft of the proposed amendments to the Oneida Law Enforcement Ordinance continues moving through the legislative process. 10/9/24: Phone Call. Present: Clorissa Leeman, Kelly McAndrews. The purpose of this phone call was to collect Attorney Kelly McAndrew’s insight on the placement of the Internal Security Department, since she was unable to attend the work meeting yesterday. 10/18/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to discuss the placement of the Internal Security Department after the information collected during out last work meeting. 10/24/24: Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Maureen Perkins, Kristal Hill, Fawn Cottrell. The purpose of this work meeting was to discuss and make a decision as to where the Internal Security Department should be placed within the organization, and if any changes to the proposed amendments to the law need to be developed. Next Steps:  Approve the updated draft and legislative analysis for the Oneida Nation Law Enforcement Ordinance amendments. A good mind. A good heart. A strong fire. Page 4 of 4 ~ ONEIDA 35 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Title 3. Health and Public Safety – Chapter 301 Shakotiye=n@s Olihw@ke The Matters of Those Who Protect Us LAW ENFORCEMENT  301.1-1 Purpose and Policy 301.2-1 Adoption, Amendment, Repeal 301.3-1 Definitions 301.4-1 General Principles 301.5-1 Oneida Police Department 301.6-1 Oneida Public Safety and Security Commission 301.7-1 301.8-1 301.9-1 301.10-1 301.11-1 Appointment of Law Enforcement Officers Promotion of Law Enforcement Officers Disciplinary Proceedings Administrative Leave Firearms Control    301.1. Purpose and Policy 301.1-1. Purpose. The purpose of this law is to regulate the conduct of the Nation’s law enforcement personnel according to the highest professional standards. 301.1-2. Policy. It is the policy of the Nation to ensure that the law enforcement personnel operatesoperate at the highest level of professional standards to ensure the safety and welfare of the community. 301.2. Adoption, Amendment, Repeal 301.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-10-01-C and amended by resolution BC-02-25-15-C and BC-__-__-__-__. 301.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 301.2-3. Should a provision of this law or the application there of to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 301.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 301.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 301.3. Definitions 301.3-1. 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) “Certified law enforcement officer” means a sworn officer who meets all qualifications for law enforcement officer, including accepted professional training and experience, State of Wisconsin Certification or eligibility for Certification which includes but is not limited to, satisfactory background investigation, psychological evaluation, drug testing, and police firearms certification. (b) “Commissioner” shall mean a member of the Oneida Public Safety and Security Commission. (c) “Deadly force” means the intentional use of a firearm or other instrument that creates a high probability of death or great bodily harm. (d(c) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by 3 O.C. 301- Page 1 36 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Oneida General Tribal Council resolution GTC-03-19-17. (ed) “Nation” means the Oneida Nation. (fe) “Non-sworn personnel” means an individual employed with the Oneida Police Department that does not meet the qualifications for a certified law enforcement officer. (gf) “Oneida Public Safety and Security Commission” means the entity made up of those individuals appointed by the Oneida Business Committee to provide oversight regarding the activities and actions of public safety and security operations throughout the Reservation. (hg) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant or above. (ih) “Reservation” means all land within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law. 301.4. General Principles 301.4-1. All law enforcement operations of the Nation shall be conducted in accordance with this law. 301.4-2. Law enforcement operations shall take place on and within the Reservation, unless: (a) there is a potential that the safety and welfare of an individual is being compromised; (b) the law enforcement operations occur pursuant to mutual aid agreements with local governments; or (c) the law enforcement operations occur pursuant to any other jurisdictional exception. 301.4-3. Law enforcement operations shall be used primarily for the purposes of providing law enforcement within the Nation and to provide mutual assistance or aid to external law enforcement services offered by local governments within the Oneida community by powers set forth in section 301.4 of this law, Article IV section 1(f) of the Constitution and By-Laws of the Oneida Nation, and as set forth in compacts and agreements authorized by the Oneida Business Committee or General Tribal Council. 301.4-4. The Nation shall appoint and employ law enforcement personnel within its boundaries as it deems necessary for the purpose of detecting and preventing crime and enforcing the laws of the Nation, in addition to protection of persons, property, and premises. 301.4-5. The Oneida Police Department may, as authorized and delegated by this law and the Oneida Business Committee or General Tribal Council, enter into cross-deputization and other law enforcement agreements with other jurisdictions. 301.5. Oneida Police Department 301.5-1. There is hereby established an Oneida Police Department which is delegated all law enforcement authority of the Nation. The Oneida Police Department may create divisions of operation as may be deemed appropriate. (a) Oneida Police Department Position Restrictions. All positions and appointments of the Oneida Police Department shall be subject to Indian preference in hiring, except that the following positions shall be held only by members of the Nation: (1) Police Chief; (2) Assistant Police Chief; and (3) Police Lieutenant. 301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief, 3 O.C. 301- Page 2 37 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 appointed pursuant to this law. (a) The Police Chief shall have authority over departmental personnel and operations, subject to the authority of the Oneida Public Safety and Security Commission. (b) Qualifications and Process for Appointment as Police Chief. (1) The recruitment and hiring process for Police Chief shall be conducted by the Oneida Public Safety and Security Commission, with assistance, as needed, by the Human Resources Department. (2) No person shall be accepted as a candidate or be eligible to serve as Police Chief who does not meet the following qualifications: (A) Current certification in the State of Wisconsin as a law enforcement officer or upon approval from the applicable State of Wisconsin Standards Board; (B) Member of the Nation; (C) A minimum of five (5) years creditable service as a sworn law enforcement officer for a state. tribal, local, or federal government, with preference for: (i) those who have at least an associate degree in police science, criminal justice or similar field, or a bachelor’s degree in a related subject; and (ii) those with successful supervisory experience; (D) Current satisfactory background investigation completed by a law enforcement agency selected by the Oneida Public Safety and Security Commission with results of the investigation reported directly to the Oneida Public Safety and Security Commission; (E) Current satisfactory psychological examination report; (F) Current satisfactory medical examination report; (G) Current drug test with negative results for controlled substances; and (H) Any other minimum requirement as provided for in the job description. (3) Examinations, interviews, further selection criteria and other processes utilized in the hiring process of a Police Chief shall be at the discretion of the Oneida Public Safety and Security Commission, (4) Upon accepting notification of retirement, resignation, or the removal of a current Police Chief, the Oneida Public Safety and Security Commission shall appoint an interim or acting Police Chief who shall serve in said capacity until the process for appointment of a new Police Chief can be completed. 301.5-3. Law Enforcement Officers. (a) Educational Requirements. All persons shall meet the following minimum education requirements within five (5) years of their hire date: (1) Possess a two (2) year associate degree from an accredited vocational, technical, or adult education district; or (2) Possess documentation in the form of an official transcript showing a minimum of sixty (60) fully accredited college level credits; or (3) Possess a bachelors degree from accredited college or university. (b) Conditional Employment. Any person who is not a certified law enforcement officer at the time of hire, is considered a conditional employee and shall attain the educational requirements as specified in section 301.5-3(a), within five (5) years of their date of hire. 3 O.C. 301- Page 3 38 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 (1) Conditional employees are not eligible for promotion. (2) Law enforcement officers who fail to attain the educational requirements within five (5) years of their date of hire shall be subject to immediate termination. (c) Educational Requirement for Police Supervisors. Upon enactment of this law, no law enforcement officer may be considered eligible for promotion to supervisor until the educational requirements of section 301.5-3(a) have been satisfied. Law enforcement officers promoted prior to the enactment of this law are exempt from the educational requirements specified in section 301.5-3(a). 301.5-4. Liability Coverage. To the extent the Federal Tort Claims Act coverage does not apply, the Nation shall provide professional liability insurance for all law enforcement officers. 301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida Police Department shall be bound by standard operating procedures that are required as a result of the specific and unique needs of law enforcement. 301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed by sworn oath before the Oneida Business Committee during a regular or special Oneida Business Committee meeting, or at an alternative time and location as determined by the Oneida Business Committee Secretary. (a) When taking an oath, the law enforcement officer shall appear in person to take their oath, except if granted permission by the Oneida Business Committee Secretary to appear through video conferencing, or through other telecommunications. (b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum of Oneida Business Committee members shall be present to witness the oath. 301.6. Oneida Public Safety and Security Commission 301.6-1. Establishment. There is hereby established an Oneida Public Safety and Security Commission to provide oversight regarding the activities and actions of public safety and security operations throughout the Reservation to provide the greatest possible professional services to the Nation and to allow for community input regarding those public safety and security services through its representatives on the Oneida Public Safety and Security Commission. The Oneida Public Safety and Security Commission is an oversight body of the following departments of the Nation, but its oversight authority does not involve decision making processes on day-to-day activities of those public safety services: (a) Oneida Police Department; (b) Internal Security Department; and (c) Any other safety operation department of the Nation as identified in the bylaws of the Oneida Public Safety and Security Commission. 301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five (5) members to the Oneida Public Safety and Security Commission for a term of five (5) years. Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms. 301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the Oneida Public Safety and Security Commission an individual shall: (a) Be a member of the Nation; (b) Be twenty-five (25) years of age or older; (c) Have a background investigation result in none of the following: (1) A felony conviction in the State of Wisconsin, or any conviction of a crime in another state that would be considered a felony conviction if the offense and 3 O.C. 301- Page 4 39 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 adjudication occurred in the State of Wisconsin; (2) A felony arrest which results in a misdemeanor conviction due to a plea arrangement; (3) A conviction of any law violation that could bring discredit to the Oneida Public Safety and Security Commission; or (4) Any pardon issued by the Nation or the governor of any State, for an offense specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for the purposes of membership on the Oneida Public Safety and Security Commission; (d) Not be employed with or terminated from the Oneida Police Department, Internal Security Department, or any other public safety operation overseen by the Oneida Public Safety and Security Commission; 301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety and Security Commission shall be responsible for and empowered to do the following in regard to the Oneida Police Department: (a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department. (b) Approve all law enforcement officer appointments made by the Police Chief including the promotion of subordinates. (c) Approve an eligibility list of individuals determined to be eligible for appointment as a law enforcement officer or promotion. (d) Hear charges filed against law enforcement officers or other appointed personnel of the Police Department, whether filed by the Oneida Public Safety and Security Commission or the Police Chief, make findings and determinations, and impose penalties, up to and including termination. (e) Hear appeals of disciplinary actions against any sworn law enforcement personnelofficers. (1) The Oneida Public Safety and Security Commission shall not have authority over disciplinary actions of non-sworn personnel. (f) Adopt standard operating procedures governing the Oneida Public Safety and Security Commission’s management of its own activities. 301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal Security Department or any other safety operation department of the Nation shall be provided for in the Oneida Public Safety and Security Commission bylaws. 301.6-6. Removal From Office. A member of the Oneida Public Safety and Security Commission may have their appointment terminated by the Oneida Business Committee for: (a) Misconduct in office; (b) Conduct which could jeopardize the reputation of the Nation, the Oneida Public Safety and Security Commission, or the public safety system; (c) Any change in status which would place the Commissioner in conflict with the qualifications specified in section 301.6-3(c) above; or (d) Violation of the confidentially of closed hearings or any other information declared confidential by the Oneida Public Safety and Security Commission. 301.7. Appointment of Law Enforcement Officers 301.7-1. Job Task Analysis. The Police Chief shall develop a job task analysis (job description) for law enforcement officers and submit the job task analysis to the Oneida Public Safety and 3 O.C. 301- Page 5 40 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 Security Commission for approval. 301.7-2. Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by the Oneida Public Safety and Security Commission and implemented by the Police Chief. The hiring criteria shall include, but not be limited to, the following: (a) educational requirements; (b) satisfactory background investigation; (c) psychological examination; and (d) medical certification. 301.7-3. Hiring Process Outline. A hiring process outline shall be developed by the Oneida Public Safety and Security Commission and implemented by the Police Chief. The hiring process outline shall detail specific steps involved in the hiring process for law enforcement officers, and steps in the process involving scoring, rank scoring, or grading shall be specified, as well as passing grades or scores. The hiring process outline shall include all pertinent steps involved in the hiring process including, but not limited to, the following: (a) application process; (b) application screening; (c) written test procedures; (d) oral interviews; (e) physical agility testing; (f) background investigation; (g) conditional offer of employment; and (h) psychological and medical testing. 301.7-4. Approval of Additional Law Enforcement Personnel. (a) The Police Chief shall make a request for the hiring of additional law enforcement personnel through the Human Resources Department processes. (b) Upon receiving approval, the Police Chief shall make a formal request to the Human Resources Department for posting the position(s) available. The current job task analysis, hiring criteria. and hiring process outline shall be submitted to the Human Resources Department by the Police Chief. 301.7-5. Process. All phases of the hiring process shall be conducted in accordance with the hiring process outline. Duties and responsibilities of persons involved in the process shall be specified in the outline. 301.7-6. Eligibility List. (a) Upon completion of all screening steps of the hiring process outline, a list shall be compiled of all candidates based on cumulative scores earned by each applicant in all graded or scored steps of the current hiring process. (b) Candidates shall be ranked in inverse numerical order, that is the candidate with the highest cumulative score is ranked “1”, the candidate with the second highest cumulative score is ranked “2”, etc. (c) The list shall be reviewed and approved by the Oneida Public Safety and Security Commission and submitted to the Police Chief. (d) The eligibility list will be valid for one (1) year from the date it was compiled. (e) The order of appointment of applicants to the position of law enforcement officers shall follow the order of the eligibility list contingent upon satisfactory background investigation, psychological testing, and medical testing. 301.7-7. Commencement of Background Investigation. 3 O.C. 301- Page 6 41 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 (a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate to commence a background investigation upon candidates based on their numerical ranking on the eligibility list, starting with the top candidate. (b) Results of the background investigation shall be forwarded to the Police Chief and the Oneida Public Safety and Security Commission. (c) A candidate may be deemed as having an unsatisfactory background investigation report by either the Police Chief or the Oneida Public Safety and Security Commission. Such determinations by the Police Chief of the Oneida Public Safety and Security Commission shall be made in writing. 301.7-8. Conditional Offer of Employment. Provided a candidate has satisfactory results in a background investigation, an offer of employment shall be sent to the candidate. The offer shall specify the candidate’s appointment to the position of law enforcement officer contingent upon satisfactory psychological and medical testing. 301.7-9. Appointment. Provided a candidate has passed psychological and medical testing, a formal offer of employment shall be extended to the candidate by the Police Chief. In the event the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the contingency of employment shall be specified in the offer. 301.8. Promotion of Law Enforcement Officers 301.8-1. Criteria for Promotion. The Oneida Public Safety and Security Commission and the Police Chief shall establish specific criteria for the promotion of law enforcement officers. The criteria shall be placed on the notice or position posting for the promotion. 301.8-2. Process. The process for promotion shall be developed by the Police Chief and approved by the Oneida Public Safety and Security Commission. The specifics of the process shall be placed on the notice or position posting for said promotion. 301.8-3. Psychological Testing Required. All candidates for promotion shall undergo psychological testing and have a satisfactory report prior to promotion. The results of such test shall be made available to the Police Chief and the Oneida Public Safety and Security Commission chairperson. 301.8-4. Promotion. Upon completion of all steps in the promotion process, a law enforcement officer may be promoted upon review and recommendation of Oneida Public Safety and Security Commission to the Police Chief. 301.9 Disciplinary Proceedings for Law Enforcement Officers 301.9-1. Discipline of Law Enforcement Officers. The Oneida Public Safety and Security Commission shall have authority discipline a law enforcement officer, in the form of suspension, demotion, or termination, for just causeDisciplinary actions for law enforcement officers shall be governed by this provision of the Law. Disciplinary actions of non-sworn personnel of the Oneida Police Department shall be governed by the Nation’s laws, policies, and rules governing employment. 301.9-2. Just Cause Standard. Just cause is determined using the following standards, to the extent possible: (a) Whether the law enforcement officer could reasonably be expected to have had knowledge of the probable consequences of the alleged misconduct. (b) Whether the procedure the law enforcement officer allegedly violated is reasonable. (c) Whether the Police Chief, before filing charges against the law enforcement officer, 3 O.C. 301- Page 7 42 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 made a reasonable effort to discover whether the law enforcement officer did, in fact, violate a procedure. (d) Whether the investigation was fair and objective. (e) Whether the Police Chief discovered substantial evidence that the law enforcement officer violated the procedure as described in the charges filed against the law enforcement officer. (f) Whether the Police Chief is applying the rule or order fairly and without discrimination against the law enforcement officer. (g) Whether the proposed discipline is reasonable as it relates to the seriousness of the alleged violation and to the law enforcement officer’s record of service with the Oneida Police Department. 301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or suspend an employeea law enforcement officer for just cause without prior approval of the Oneida Public Safety and Security Commission. The Chief of Police shall report this action to the chairperson of the Oneida Public Safety and Security Commission immediately in writing and explain the cause(s) of the action. A law enforcement officer shall not be entitled to a hearing on the suspension unless the subordinate requests that the Police Chief file charges, which then triggers the hearing process. (a) For any reductions in rank or terminations of a law enforcement officer, the Police Chief shall first file charges with the Oneida Public Safety and Security Commission. 301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative. It may suspend the Chief of Police pending the investigation of written charges received. 301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be filed with the Oneida Public Safety and Security Commission by the party initially taking the disciplinary action. 301.9-6. Filing of Charges. (a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and Security Commission by: (1) the Chief of Police; (2) a member of the Oneida Public Safety and Security Commission; (3) the Oneida Public Safety and Security Commission as a body; or (4) any aggrieved party. (b) Content of Charges. The charges shall be in writing and shall be signed by the charging party. The sources of all information contained in the charges shall be stated in the charges or in accompanying documents. Information regarding the names and addresses of witnesses having relevant knowledge relating to the charges may be embodied in a separate statement accompanying the charges. The charges shall identify the person who is charged and specify, if possible, the date(s) and place(s) of the alleged offense(s). (c) Filing of Charges. The charges shall be filed with the chairperson of the Oneida Public Safety and Security Commission. Pending disposition of such charges, the Oneida Public Safety and Security Commission or Police Chief may suspend the employee. (d) Service of Charges. Following service upon the Oneida Public Safety and Security Commission chairperson, a copy of the charge shall be served upon the person charged. A 3 O.C. 301- Page 8 43 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 copy of the charge shall be issued to the person charged within five (5) business days after charges are sent to the Commission. 301.9-7. Procedure for Responding to Charges. (a) Participation of the Commission. If the Oneida Public Safety and Security Commission as a body files charges, it shall retain special counsel to prosecute such charges on the Commission's behalf and the Oneida Public Safety and Security Commission shall refrain from any active involvement in the prosecution of such charges. If any member of the Oneida Public Safety and Security Commission files and actively prosecutes such charges, such member shall not participate in deliberating the charges or determining whether they are sustained. (b) Docket List. All charges filed with the Oneida Public Safety and Security Commission shall be recorded on a docket list and assigned a number in sequence of filing with the date of filing added in parentheses. (c) Preliminary Investigation. Upon the filing of charges, the Oneida Public Safety and Security Commission may have a preliminary investigation conducted to determine if it has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges that it does not have jurisdiction over the charges, it may dismiss the charges. In the event of such dismissal, the Oneida Public Safety and Security Commission shall notify the complainant in writing of its action. (d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a copy of the charges shall be served upon the person charged. The Oneida Public Safety and Security Commission shall set a date for a hearing not less than ten (10) days or more than thirty (30) days following receipt of the charges. This timeframe may be waived if mutually agreed. 301.9-8. Scheduling a Conference. (a) Scheduling Conference. A scheduling conference between the parties and/or their legal counsel is appropriate to establish the procedural timeline leading up to, and the process for, the evidentiary hearing. (b) Purpose of the Scheduling Conference. The following matters shall be accomplished at the scheduling conference, and the resolution of these issues shall be memorialized in a scheduling order distributed to the parties: (1) Establishing the date(s) of the evidentiary hearing; (2) Setting up deadlines to exchange witness lists and any prior written or recorded statements or reports of witnesses; (3) Setting up deadlines to identify and exchange exhibits; (4) Setting up any discovery deadline. Prehearing discovery is permitted. (5) Establishing the process and deadlines to request the Oneida Public Safety and Security Commission to issue subpoenas. The Oneida Public Safety and Security Commission chairperson has the power to issue subpoenas to compel the attendance of witnesses; (6) Arranging for the recording of the testimony. The hearing shall be transcribed by a court reporter or otherwise recorded to preserve the evidence in case of an appeal to the Trial Court; and (7) Determining if there are any objections to any Oneida Public Safety and Security Commission member participating in the hearing, deliberations, or decision and the basis for such objections. 3 O.C. 301- Page 9 44 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 301.9-9. Evidentiary Hearing. (a) Hearing Procedures. (1) The evidentiary hearing shall be conducted in open session. (2) Following the evidentiary hearing, the deliberations of the Oneida Public Safety and Security Commission may be conducted in closed session at the discretion of the Commission. (3) The Commission’s vote following deliberations may take place in closed session, unless the charged party demands that the vote take place in open session. (4) A record of the proceedings shall be created by the Commission. Exhibits introduced shall be marked with a docket number and exhibit number in sequence of introduction. (5) Either or both of the parties may be represented by counsel and may compel the attendance of the witnesses by subpoenas, which shall be issued by the chairperson of the Commission. (6) All testimony of witnesses at hearings shall be given under oath, administered by a member of the Commission. (b) Order of Proceedings. At the hearing, the order of proceedings shall be as follows: (1) Reading of the charges by the president. (2) Opening statement by the parties, if any; (3) Testimony and introduction of evidence by the charging party to substantiate the charges, with cross-examination by the accused; (4) Testimony and introduction of evidence by the accused with cross-examination by the charging party; and (5) Closing arguments. 301.9-10. Deliberations, Findings, Conclusions, Orders from Hearing. (a) Finding of Fact. (1) At the conclusion of the hearing, the Oneida Public Safety and Security Commission shall prepare written findings of fact based upon the testimony and evidence presented and shall prepare conclusions which are based on the findings and an order consistent with such findings and conclusions within three (3) days after the conclusion of the hearing and file it with the Oneida Public Safety and Security Commission Secretary. (2) For purposes of deliberation after the hearing, the Oneida Public Safety and Security Commission shall adjourn into closed session. During the deliberation only Oneida Public Safety and Security Commission members and the commission’s attorney shall be present. (b) Just Cause Standard. In determining whether there is just cause for discipline, the Oneida Public Safety and Security Commission shall apply the standards set forth in section 301.9-2. (c) Charges Rescinded. If the Oneida Public Safety and Security Commission determines that the charges are not sustained, the charged party shall immediately have all related disciplinary action taken to date rescinded and all lost pay or other benefits, if any, restored. (d) Charges Sustained. If the Oneida Public Safety and Security Commission determines that the charges are sustained, the charged party, by order of the Commission, may impose any of the following penalties, but is not limited to the penalties listed herein: (1) Verbal consultation; 3 O.C. 301- Page 10 45 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 (2) Written reprimand; (3) Suspension without pay; (4) Demotion in rank; or (5) Termination of employment. (e) Announcement of Decision. The Oneida Public Safety and Security Commission shall announce its decision in open session. (f) Appeal of Decision. Any law enforcement officer suspended, demoted, reassigned, or removed by the Oneida Public Safety and Security Commission may appeal from the order of the Oneida Public Safety and Security Commission to the Judiciary. 301.10. Administrative Leave of Law Enforcement Officers 301.10-1. General. Administrative leave is an action commenced by the Police Chief affecting the status of a law enforcement officer. A law enforcement officer is temporarily relieved of all law enforcement powers while on administrative leave. The law enforcement officer continues to receive salary and is responsible to report to the Police Chief or perform other duties as assigned. Administrative leave does not denote wrong-doing on the part of the law enforcement officer. 301.10-2. Applicability. Administrative leave may only be ordered in the following circumstances: (a) The law enforcement officer poses a threat to themselves or others. (b) The law enforcement officer is alleged to have committed a violation(s) which calls for termination of their employment as a law enforcement officer and the matter is under investigation. (c) The law enforcement officer is alleged to have committed a violation(s) that is under investigation and that would cause a loss of public trust in the Oneida Police Department. (d) The law enforcement officer is under investigation for alcohol or drug abuse. (e) The law enforcement officer is under investigation for insubordination, untruthfulness, or commission of a crime. (f) The law enforcement officer demonstrates behavior indicating the law enforcement officer is unfit for duty. 301.10-3. Duration of Administrative Leave. (a) In cases where the law enforcement officer is under formal investigation, the law enforcement officer shall remain on administrative leave until the investigation is completed. (1) If the investigation results in allegations being sustained, the law enforcement officer shall remain on administrative leave pending issuance of discipline. (2) If the investigation results in a finding that the charges were unfounded or not sustained, the law enforcement officer shall be immediately returned to active duty status. (b) In cases where the law enforcement officer is placed on administrative leave for other matters not involving formal investigation, the law enforcement officer shall be returned to active duty status upon order of the Police Chief. The period of administrative leave in incidents not involving investigation shall not exceed thirty (30) calendar days. 301.11. Firearms Control. 301.11-1. The Oneida Police Department may allow law enforcement use of service firearms in order to protect life, liberty, property, land, and premises, according to the usual and current 3 O.C. 301- Page 11 46 of 84 Draft 2 (Redline to Draft 1) 2025 01 15 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 accepted law enforcement standards. 301.11-2. The Nation hereby establishes regulations for the carrying of firearms issued to certified law enforcement officers employed by the Nation. (a) The needs and requirements for carrying firearms shall be established and determined by the Police Chief subject to the review of the Oneida Public Safety and Security Commission. (b) Said requirements shall reflect the needs of the Nation in order to protect all persons and property. End. Adopted - BC -10-10-01-C Revisor Correction 2004 Amended – BC-02-25-15-C Amended – BC-__-__-__-__ 3 O.C. 301- Page 12 47 of 84 Draft 2 (Redline to Current) 2025 01 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Title 3. Health and Public Safety – Chapter 301 ONEIDA NATION LAW ENFORCEMENT ORDINANCE Shakotiye=n@s Olihw@ke The Matters of Those Who Protect Us LAW ENFORCEMENT  301.1-1 Purpose and Policy 301.2-1 Adoption, Amendment, Repeal 301.3-1 Definitions 301.4-1 General Principles 301.5-1 Oneida Police Department 301.6-1 Oneida PolicePublic Safety and Security Commission 301.7-1 301.8-1 301.9-1 301.10-1 301.11-1 Appointment of Law Enforcement Officers Promotion of Law Enforcement Officers Disciplinary Proceedings Administrative Leave Firearms Control    301.1. Purpose and Policy 301.1-1. Purpose. The purpose of this ordinancelaw is to regulate the conduct of the Oneida Tribe of Indians of WisconsinNation’s law enforcement personnel according to the highest professional standards. 301.1-2. Policy. It is the policy of the Nation to ensure that law enforcement personnel operate at the highest level of professional standards to ensure the safety and welfare of the community. 301.2. Adoption, Amendment, Repeal 301.2-1. This law iswas adopted by the Oneida Business Committee by resolution BC Resolution -10-10-01-C and amended by resolution BC-02-25-15-C. and BC-__-__-__-__. 301.2-2. This law may be amended pursuant to the procedures set out in the Oneida Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 301.2-3. Should a provision of this law or the application there of to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 301.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this policy. 301.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 301.2-5. This ordinance shall be known aslaw is adopted under authority of the Constitution of the Oneida Law Enforcement OrdinanceNation. 301.3. Definitions 301.3-1. This section shall govern the definitions of words -asand phrases -as used -herein.within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Certified Law Enforcement Officer shall meanlaw enforcement officer” means a sworn officer who meets all qualifications for law enforcement officer, including accepted professional training and experience, State of Wisconsin Certification or eligibility for Certification which includes but is not limited to, satisfactory background investigation, psychological evaluation, drug testing, and police firearms certification. (b) Police Supervisors are defined as “Commissioner” shall mean a member of the Oneida Public Safety and Security Commission. 3 O.C. 301- Page 1 48 of 84 Draft 2 (Redline to Current) 2025 01 15 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 (c) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17. (d) “Nation” means the Oneida Nation. (e) “Non-sworn personnel” means an individual employed with the Oneida Police Department that does not meet the qualifications for a certified law enforcement officers who hold the rank of Sergeant or aboveofficer. (c) Non-sworn Personnel shall mean those persons who perform duties for the f) “Oneida Police Department as directed by the Police Chief or designee. (d) Oneida PolicePublic Safety and Security Commission shall refer to” means the entity made up of those individuals appointed by the Oneida Business Committee to serve in the capacity of insuring that community input is maintainedprovide oversight regarding the activities and actions of public safety and security operations throughout the Reservation. (g) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant or above. (h) “Reservation” means all land within the Oneida Police Department by means of policy review and enforcementexterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law. (e) Commissioner shall mean a member of the Oneida Police Commission. (f) Oneida Tribe means the Oneida Tribe of Indians of Wisconsin. (g) Judiciary means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Tribe. 301.4. General Principles. 301.4-1. All law enforcement operations of the Nation shall be conducted in accordance with this law. 301.4-2. Law enforcement operations shall take place on and within Oneidathe Reservation, unless: (a) there is a potential that the safety and welfare of an individual is being compromised. In addition,; (b) the law enforcement operations may take placeoccur pursuant to mutual aid agreements with local governments.; or (c) the301.4-2. All law enforcement operations shall be conducted as set forth in this ordinanceoccur pursuant to any other jurisdicti [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A87a6ffb73ea47d0e. Public record. Not legal advice.