# Oneida Business Committee (2022)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A91d4a306ba15cf78

## Record

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

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

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

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
December 7, 2022
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. November 2, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Drug and Alcohol Free Workplace Law Amendments (pg. 4)
2. Oneida Personnel Policies and Procedures Amendments (pg. 26)

IV.

New Submissions
1. Emergency Gift Card Law (pg. 120)
2. Audit Committee Bylaws Amendments (pg. 124)
3. Election Law Emergency Amendments (pg. 142)
4. Amendments to Address the Dissolution of ERB and Transition of Responsibilities (pg. 158)
5. Petition: M. Cornelius – Chief Financial Officer Position (pg. 276)
6. Petition: N. Barton – $2,500 GWA Payment for Three (3) Years (pg. 278)

V.

Additions

VI.

Administrative Updates
1. E-Poll Results: Extension of the Emergency Amendments to the Oneida Personnel Policies
and Procedures (pg. 280)

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 320

Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

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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
November 2, 2022
9:00 a.m.
Present: David P. Jordan, Marie Cornelius (Microsoft Teams), Kirby Metoxen
Excused: Jennifer Webster, Daniel Guzman King
Others Present: Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Lawrence Barton, Bonnie
Pigman, Rhiannon Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Michelle Myers
(Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Rae Skenandore (Microsoft Teams),
Eric Boulanger (Microsoft Teams), Matt Denny (Microsoft Teams)
I.

Call to Order and Approval of the Agenda
David P. Jordan called the November 2, 2022, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Marie Cornelius to adopt the agenda as is; seconded by Kirby Metoxen. Motion
carried unanimously.

II.

Minutes to be Approved
1. October 19, 2022 LOC Meeting Minutes
Motion by Marie Cornelius to approve the October 19, 2022, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.

III.

Current Business
1. Oneida Nation Assistance Fund Law
Motion by Kirby Metoxen to approve the Oneida Nation Assistance Fund law adoption
packet and forward to the Oneida Business Committee for consideration; seconded by
Marie Cornelius. Motion carried unanimously.
2. Back Pay Law Amendments
Motion by Kirby Metoxen to approve the public meeting packet and forward the Back Pay
law amendments to a public meeting to be held on December 13, 2022; seconded by Marie
Cornelius. Motion carried unanimously.

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AUDIT COMMITTEE BYLAWS
Article I. Authority
1-1. Name. The name of this committee shall be the Audit Committee, hereinafter referred to as
"Committee."
1-2. Authority. By the authority of the Oneida Business Committee, the Committee was created
by adoption of the Audit Law Resolution BC-07-15-98-C which has been updated to
Internal Audit BC 08 09 17 B. Through Internal Audit BC 08 09 17 B, the Committee has
been delegated the authority to ensure the integrity of the Oneida Nation’s financial
reporting and audit systems. Definitions for the words used throughout these bylaws shall
be taken from Internal Audit BC 08 09 17 B. All words not defined in Internal Audit BC
08 09 17 B shall be used in their ordinary and everyday sense.
1-3. Office. The office of the Committee shall be located within the exterior boundaries of the
Oneida Reservation and its mailing address shall be P.O. Box 365, Oneida, WI 54155.
l-4. Membership.
a. Number of members. The Committee shall consist of five (5) members.
b. How elected or appointed.
1. Four (4) Committee members shall be Oneida Business Committee members,
excluding the Treasurer, selected by a majority of the Oneida Business Committee.
A. Any member of the Oneida Business Committee, with the exception of the
Treasurer, may serve as Ad Hoc when needed.
2. One (1) Committee member shall be a member of the community who meets the
qualifications of 1-4(d).
A. The Committee member from the Community shall be selected through the
application and appointment process set forth in those sections of the Boards,
Committees and Commissions law that govern the appointment of persons to
entities of the Nation that are subject to the law.
c. How vacancies are filled. Vacancies on the Committee shall be filled in accordance
with section 1-4(b) for the remainder of the outstanding term.
d. Qualifications of members.
1. The appointed Committee member shall be at least twenty-one (21) years of age and
be an enrolled member of the Oneida Nation.
2. Committee members shall be both independent and financially literate or have
access to financial expertise, whether in the form of the Chief Financial Officer, a
single individual serving on the Committee, or collectively among Committee
members. Components of financial expertise include:
A. The ability to assess the general application of the principles and standards
in connection with the accounting for estimates, accruals, and reserves.
B. An understanding of internal controls.
C. An understanding of the procedures for financial reporting.
D. An understanding of Audit Committee functions and responsibilities.
e. Term of office.
1. The terms of the Audit Committee members shall coincide with the term of the
Oneida Business Committee.
2. The term of the appointed community member shall expire midway through the
term of the Oneida Business Committee.
3. Defining independence of each Committee member is important for the Nation and
no Committee member may:

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A. Be employed by any entity of the Nation.
B. Provide contract services to the Nation.
C. Be a member of any other of the Nation’s boards, committees or
commissions, other than the Oneida Business Committee.

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D. Represent any interests other than the Oneida Nation’s while acting as a
member of the Committee.
4. Committee members shall strictly adhere to the Oneida Nation’s laws and policies,
establishing ethical standards and/or conflicts of interest, and any code of conduct. All
work shall be performed in accordance with the International Professional Practices
Framework. Failure to do so may result in the removal from the Committee or
termination of an appointment.

Article II. Officers
2-1. The Committee shall have two (2) officers: Chairperson and Vice-Chairperson. The terms
of office for the officers shall coincide with the terms of the Oneida Business Committee
members.
2-2. Chairperson Duties. The Chairperson shall preside over all meetings and may not vote
except in the case of a tie. The Chairperson shall be responsible for calling meetings and
notifying members with the assistance of the Internal Audit Department.
2-3. Vice-Chairperson Duties. The Vice-Chairperson shall assist the Chairperson with his or her
duties, at the request of the Chairperson, and shall preside over all meetings in the
Chairperson's absence.
2-4. How Officers are Chosen. The Chairperson and Vice-Chairperson shall be chosen from the
Oneida Business Committee representatives by all Committee members present at the first
meeting held after the Committee is appointed.
2-5. Personnel. The Committee shall recruit and hire a qualified Internal Audit Manager to lead
the internal audit function and to assure unbiased audit and investigative processes and
reporting.
Article III. Meetings
3-1. All meetings of the Audit Committee are to be closed session as required by the
International Professional Practices Framework with the exceptions below. Notice of
Committee meetings shall be provided to members and to the public in accordance with
these bylaws and the applicable provisions of the Nation’s Open Records and Open
Meetings law.
3-2. The Committee shall meet on a monthly basis within the Reservation boundaries.
a. All Committee members are expected to attend each meeting.
b. The Committee may invite entity representatives, auditors or others to attend meetings
and provide pertinent information.
c. The Committee may hold meetings in executive session with auditors, legal counsel,
and entity representatives as invited.
3-3. Emergency and Special Meetings. Emergency or special meetings of the Committee may
be called by the Chairperson or upon written request of any two (2) members. The
Chairperson shall designate a time and place for holding an emergency or special meeting.
3-4. Virtual Meetings. Virtual meetings are allowed in accordance with Audit Committee
Virtual meetings SOP.
3-5. Notice of Emergency or Special Meeting. Notice of an emergency or special meeting shall
be:

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a. Members. The Committee shall provide notice to members at least forty-eight (48)
hours prior to the date set for any such meeting, unless, for good cause, such notice is
impossible or impractical. Notice may be communicated in person, or through
electronic communication.
3-6. Quorum. A quorum shall consist of a majority of current members of the Committee and
shall include the Chairperson or Vice-Chairperson.

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3-7. Order of Business. The regular meetings of the Committee shall follow the order of
business as set out herein:
I.
Call to Order.
II.
Approval of Agenda
III.
Approval of Minutes
IV.
Old Business
V.
New Business
VI.
Tabled Business
VII.
Executive Session
VIII.
Adjourn
3-8. Voting. Decisions of the Committee shall be based on a majority of a quorum of members
present at a meeting. The officer presiding at a meeting shall vote only in case of a tie.
a. Electronic e-polls are allowed as long as they are conducted in accordance with
Conducting Electronic Voting (E-Polls) SOP.
3-9. Stipends. The appointed Committee member shall be paid a meeting stipend of $75.00 per
any meeting provided that the meeting has established a quorum.
a. Audit Committee Meetings. The appointed Committee member shall be paid a meeting
stipend of seventy-five dollars ($75.00) per any meeting provided that the meeting has
established a quorum.
b. Oneida Business Committee Meetings – Presentation of Annual Audit. The appointed
Committee member shall be paid a stipend of seventy-five dollars ($75.00) for attending
the Oneida Business Committee meeting when the annual audit is presented by the external
auditors.

Article IV. Reporting
4-1. Agenda items shall be in an identified format.
4-2. Minutes shall be typed and in a consistent format designed to generate the most informative
record of the meetings of the Committee.
4-3. Handouts, reports, memoranda and the like may be attached to the minutes and agenda, or
may be kept separately, provided that all materials can be identified to the meeting in which
they were presented.
4-4. The Committee shall report to the Oneida Business Committee and to the General Tribal
Council, when appropriate, relative to audits, financial reports, management reports and
recommended corrective measures.
4-5. The Committee shall report to the Oneida Business Committee, as often as deemed
appropriate, the approved Committee minutes, audit reports and appropriate supporting
information.
a. Minutes and audit reports require Oneida Business Committee acceptance in order to
finalize the audit records.
Article V. Amendments
5-1. The Bylaws of the Committee shall be amended with the approval of a quorum of the
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Committee and upon subsequent approval by the Oneida Business Committee.

Article VI. Responsibilities
6-1. The Committee shall have oversight of the activities of the internal audit function in
independent assignments related to auditing, evaluating, and special investigations related
to detecting fraudulent financial reporting and conducting investigations into fraud and
theft in the Oneida Nation’s entities. The Committee shall perform all work in accordance
with the International Professional Practices Framework.
6-2. Enforcement. The Committee shall have the ability to utilize all existing enforcement
authorities to carry out their responsibilities to achieve their purpose, including:
a. Request the Business Committee to compel entity representatives to attend meetings
in order to represent issues.
b. Request the Business Committee to compel entity representatives to comply with audit
requests and reply to audit reports.
c. Instruct the external auditor and the internal auditor that the Committee expects to be
advised if there are any areas that require its special attention.
d. Request the Business Committee to issue notices of noncompliance to entity employees
in accordance with the disciplinary provisions relating to work performance and
personal actions, as provided for in the Oneida Nation’s Personnel Policies and
Procedures.
e. Request the Business Committee to issue notices of violation of Oath of Office, as
appropriate, to entity members.
f. Seek improvements to assure the Oneida Nation’s laws and policies establishing ethical
standards and/or conflicts of interest, as well as any code of conduct implemented are
current and adequate to ensure fairness for all and equity by protecting the resources.
6-3. Financial Statements. The Committee shall review and discuss annual statements and
Managements Discussion & Analysis (MD&A) with auditors.
6-4. Internal Control. The Committee shall ensure that entities have developed and follow an
adequate system of internal control, including:
a. Compliance with legal and regulatory requirements.
b. Risk assessment and risk management.
c. Adopt a code of ethics which includes monitoring and enforcement.
d. Establish procedures for the receipt, retention, and treatment of complaints; establish a
confidential anonymous submission by individuals for concerns regarding questionable
matters.
e. Ensure open communication and information flow with entities, internal auditors and
external auditors.
6-5. External Audit. The Committee shall be responsible for evaluating and recommending to the
Oneida Business Committee, an independent public accounting firm for the annual or any
special audit, unless there is a prior alternative written agreement in place delegating the
responsibility for a given special audit. When an external auditor is hired, the Committee
shall:
a. Verify the qualifications of the external auditor.
b. Oversee the performance of the external audit.
c. Assure all reports from the external auditor go directly to the Committee.
6-6. Compliance. The Committee shall review the effectiveness of the system for monitoring
compliance with laws and regulations and the results of an entity's investigation and followup of any instances of non-compliance. Special audits and/or investigations may be

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recommended by the Audit Committee.
6-7. Other Responsibilities. The Committee shall complete a self-evaluation annually to identify
improvement opportunities. This includes comparing the Committee's performance to its
bylaws, any formal guidelines and rules, and against best practices. Such review is
confidential and may or may not include evaluations of particular members.

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AUDIT COMMITTEE BYLAWS
Article I. Authority
1-1. Name. The name of this committee shall be the Audit Committee, hereinafter referred to as
"Committee."
1-2. Authority. By the authority of the Oneida Business Committee, the Committee was created
by adoption of the Audit Law Resolution BC-07-15-98-C which has been updated to
Internal Audit BC 08 09 17 B. Through Internal Audit BC 08 09 17 B, the Committee has
been delegated the authority to ensure the integrity of the Oneida Nation’s financial
reporting and audit systems. Definitions for the words used throughout these bylaws shall
be taken from Internal Audit BC 08 09 17 B. All words not defined in Internal Audit BC
08 09 17 B shall be used in their ordinary and everyday sense.
1-3. Office. The office of the Committee shall be located within the exterior boundaries of the
Oneida Reservation and its mailing address shall be P.O. Box 365, Oneida, WI 54155.
l-4. Membership.
a. Number of members. The Committee shall consist of five (5) members.
b. How elected or appointed.
1. Four (4) Committee members shall be Oneida Business Committee members,
excluding the Treasurer, selected by a majority of the Oneida Business Committee.
A. Any member of the Oneida Business Committee, with the exception of the
Treasurer, may serve as Ad Hoc when needed.
2. One (1) Committee member shall be a member of the community who meets the
qualifications of 1-4(d).
A. The Committee member from the Community shall be selected through the
application and appointment process set forth in those sections of the Boards,
Committees and Commissions law that govern the appointment of persons to
entities of the Nation that are subject to the law.
c. How vacancies are filled. Vacancies on the Committee shall be filled in accordance
with section 1-4(b) for the remainder of the outstanding term.
d. Qualifications of members.
1. The appointed Committee member shall be at least twenty-one (21) years of age and
be an enrolled member of the Oneida Nation.
2. Committee members shall be both independent and financially literate or have
access to financial expertise, whether in the form of the Chief Financial Officer, a
single individual serving on the Committee, or collectively among Committee
members. Components of financial expertise include:
A. The ability to assess the general application of the principles and standards
in connection with the accounting for estimates, accruals, and reserves.
B. An understanding of internal controls.
C. An understanding of the procedures for financial reporting.
D. An understanding of Audit Committee functions and responsibilities.
e. Term of office.
1. The terms of the Audit Committee members shall coincide with the term of the
Oneida Business Committee.
2. The term of the appointed community member shall expire midway through the
term of the Oneida Business Committee.
3. Defining independence of each Committee member is important for the Nation and
no Committee member may:
A. Be employed by any entity of the Nation.

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B. Provide contract services to the Nation.
C. Be a member of any other of the Nation’s boards, committees or
commissions, other than the Oneida Business Committee.

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D. Represent any interests other than the Oneida Nation’s while acting as a
member of the Committee.
4. Committee members shall strictly adhere to the Oneida Nation’s laws and policies,
establishing ethical standards and/or conflicts of interest, and any code of conduct. All
work shall be performed in accordance with the International Professional Practices
Framework. Failure to do so may result in the removal from the Committee or
termination of an appointment.

Article II. Officers
2-1. The Committee shall have two (2) officers: Chairperson and Vice-Chairperson. The terms
of office for the officers shall coincide with the terms of the Oneida Business Committee
members.
2-2. Chairperson Duties. The Chairperson shall preside over all meetings and may not vote
except in the case of a tie. The Chairperson shall be responsible for calling meetings and
notifying members with the assistance of the Internal Audit Department.
2-3. Vice-Chairperson Duties. The Vice-Chairperson shall assist the Chairperson with his or her
duties, at the request of the Chairperson, and shall preside over all meetings in the
Chairperson's absence.
2-4. How Officers are Chosen. The Chairperson and Vice-Chairperson shall be chosen from the
Oneida Business Committee representatives by all Committee members present at the first
meeting held after the Committee is appointed.
2-5. Personnel. The Committee shall recruit and hire a qualified Internal Audit Manager to lead
the internal audit function and to assure unbiased audit and investigative processes and
reporting.
Article III. Meetings
3-1. All meetings of the Audit Committee are to be closed session as required by the
International Professional Practices Framework with the exceptions below. Notice of
Committee meetings shall be provided to members and to the public in accordance with
these bylaws and the applicable provisions of the Nation’s Open Records and Open
Meetings law.
3-2. The Committee shall meet on a monthly basis within the Reservation boundaries.
a. All Committee members are expected to attend each meeting.
b. The Committee may invite entity representatives, auditors or others to attend meetings
and provide pertinent information.
c. The Committee may hold meetings in executive session with auditors, legal counsel,
and entity representatives as invited.
3-3. Emergency and Special Meetings. Emergency or special meetings of the Committee may
be called by the Chairperson or upon written request of any two (2) members. The
Chairperson shall designate a time and place for holding an emergency or special meeting.
3-4. Virtual Meetings. Virtual meetings are allowed in accordance with Audit Committee
Virtual meetings SOP.
3-5. Notice of Emergency or Special Meeting. Notice of an emergency or special meeting shall
be:
a. Members. The Committee shall provide notice to members at least forty-eight (48)
hours prior to the date set for any such meeting, unless, for good cause, such notice is

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impossible or impractical. Notice may be communicated in person, or through
electronic communication.
3-6. Quorum. A quorum shall consist of a majority of current members of the Committee and
shall include the Chairperson or Vice-Chairperson.

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3-7. Order of Business. The regular meetings of the Committee shall follow the order of
business as set out herein:
I.
Call to Order.
II.
Approval of Agenda
III.
Approval of Minutes
IV.
Old Business
V.
New Business
VI.
Tabled Business
VII.
Executive Session
VIII.
Adjourn
3-8. Voting. Decisions of the Committee shall be based on a majority of a quorum of members
present at a meeting. The officer presiding at a meeting shall vote only in case of a tie.
a. Electronic e-polls are allowed as long as they are conducted in accordance with
Conducting Electronic Voting (E-Polls) SOP.
3-9. Stipends.
a. Audit Committee Meetings. The appointed Committee member shall be paid a meeting
stipend of seventy-five dollars ($75.00) per any meeting provided that the meeting has
established a quorum.
b. Oneida Business Committee Meetings – Presentation of Annual Audit. The appointed
Committee member shall be paid a stipend of seventy-five dollars ($75.00) for attending
the Oneida Business Committee meeting when the annual audit is presented by the external
auditors.

Article IV. Reporting
4-1. Agenda items shall be in an identified format.
4-2. Minutes shall be typed and in a consistent format designed to generate the most informative
record of the meetings of the Committee.
4-3. Handouts, reports, memoranda and the like may be attached to the minutes and agenda, or
may be kept separately, provided that all materials can be identified to the meeting in which
they were presented.
4-4. The Committee shall report to the Oneida Business Committee and to the General Tribal
Council, when appropriate, relative to audits, financial reports, management reports and
recommended corrective measures.
4-5. The Committee shall report to the Oneida Business Committee, as often as deemed
appropriate, the approved Committee minutes, audit reports and appropriate supporting
information.
a. Minutes and audit reports require Oneida Business Committee acceptance in order to
finalize the audit records.
Article V. Amendments
5-1. The Bylaws of the Committee shall be amended with the approval of a quorum of the
Committee and upon subsequent approval by the Oneida Business Committee.
Article VI. Responsibilities
6-1. The Committee shall have oversight of the activities of the internal audit function in

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independent assignments related to auditing, evaluating, and special investigations related
to detecting fraudulent financial reporting and conducting investigations into fraud and
theft in the Oneida Nation’s entities. The Committee shall perform all work in accordance
with the International Professional Practices Framework.
6-2. Enforcement. The Committee shall have the ability to utilize all existing enforcement
authorities to carry out their responsibilities to achieve their purpose, including:
a. Request the Business Committee to compel entity representatives to attend meetings
in order to represent issues.
b. Request the Business Committee to compel entity representatives to comply with audit
requests and reply to audit reports.
c. Instruct the external auditor and the internal auditor that the Committee expects to be
advised if there are any areas that require its special attention.
d. Request the Business Committee to issue notices of noncompliance to entity employees
in accordance with the disciplinary provisions relating to work performance and
personal actions, as provided for in the Oneida Nation’s Personnel Policies and
Procedures.
e. Request the Business Committee to issue notices of violation of Oath of Office, as
appropriate, to entity members.
f. Seek improvements to assure the Oneida Nation’s laws and policies establishing ethical
standards and/or conflicts of interest, as well as any code of conduct implemented are
current and adequate to ensure fairness for all and equity by protecting the resources.
6-3. Financial Statements. The Committee shall review and discuss annual statements and
Managements Discussion & Analysis (MD&A) with auditors.
6-4. Internal Control. The Committee shall ensure that entities have developed and follow an
adequate system of internal control, including:
a. Compliance with legal and regulatory requirements.
b. Risk assessment and risk management.
c. Adopt a code of ethics which includes monitoring and enforcement.
d. Establish procedures for the receipt, retention, and treatment of complaints; establish a
confidential anonymous submission by individuals for concerns regarding questionable
matters.
e. Ensure open communication and information flow with entities, internal auditors and
external auditors.
6-5. External Audit. The Committee shall be responsible for evaluating and recommending to the
Oneida Business Committee, an independent public accounting firm for the annual or any
special audit, unless there is a prior alternative written agreement in place delegating the
responsibility for a given special audit. When an external auditor is hired, the Committee
shall:
a. Verify the qualifications of the external auditor.
b. Oversee the performance of the external audit.
c. Assure all reports from the external auditor go directly to the Committee.
6-6. Compliance. The Committee shall review the effectiveness of the system for monitoring
compliance with laws and regulations and the results of an entity's investigation and followup of any instances of non-compliance. Special audits and/or investigations may be
recommended by the Audit Committee.
6-7. Other Responsibilities. The Committee shall complete a self-evaluation annually to identify
improvement opportunities. This includes comparing the Committee's performance to its
bylaws, any formal guidelines and rules, and against best practices. Such review is
confidential and may or may not include evaluations of particular members.

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Audit Committee Bylaws Amendments
Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Amendments

Purpose

Related
Legislation
Enforcement/Due
Process

Public Meeting
Fiscal Impact

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The Audit Committee (“Committee”) bylaws were added to the Active Files List per
the request of the Audit Committee to amend the Committee’s bylaws in accordance
with the Legislative Procedures Act to allow the appointed community member to
be eligible to receive a stipend for attending the Oneida Business Committee meeting
when the annual audit is presented by the external auditors.
The Audit Committee is as a standing committee of the Oneida Business Committee
(“OBC”) that was established pursuant to the Nation’s Internal Audit law, which was
adopted and subsequently amended through resolutions BC-07-15-98-C and BC-0809-17-B, to oversee the internal audit process, including, but not limited to, any and
all violations of the Nation’s policies, laws, rules and directives. [1 O.C. 108.1-1].
Oneida Nation Constitution, Internal Audit law, Social Media Policy, Travel and
Expense Policy, Conflict of Interest law, Open Records and Open Meetings law;
Vehicle Driver Certification and Fleet Management law; Computer Resources
Ordinance.
Committee members are required to strictly adhere to the laws, as well as policies,
of the Nation regarding ethics and/or conflicts of interest and any code of conduct,
including the International Professional Practices Framework. A failure to adhere to
the above could result in a member’s removal from the Committee or a termination
of his/her appointment. [Committee Bylaws 1-4(e)(4)]. The Internal Audit law grants
the Committee the authority to utilize all existing enforcement mechanisms to carry
out its responsibilities as set forth therein. [1 O.C. 108.4-2].
Public meetings are not required for bylaws.
A fiscal impact statement is not required for bylaws.

SECTION 2. BACKGROUND
A. Bylaws provide a framework for the operation and management of a board, committee or commission
of the Nation; the government of its members; and the regulation of its affairs.
B. The Audit Committee was established pursuant to the Internal Audit law, which was adopted and
subsequently amended by resolutions BC-07-15-98-C and BC-08-09-17-B, respectively. [1 O.C. 108.21]. The Committee is a standing committee of the OBC that oversees the internal audit process,
including, but not limited to, any investigations into complaints alleging or suspecting improprieties
and/or violations of the Nation’s policies, laws, rules and directives. [1 O.C. 108.4-1].
C. On December 7, 2022, the Legislative Operating Committee will consider adding this item to the Active
Files List, per the request of the Audit Committee Chairman, David P. Jordan, to amend the
Committee’s bylaws in accordance with the Legislative Procedures Act.
D. The Committee’s current bylaws were adopted in April of 2021. As a standing committee of the OBC,
the Audit Committee is not subject to the Boards, Committees and Commissions law, and thus,

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amendments to its bylaws do not have to conform to the provisions therein that govern the bylaws of
other boards, committees and commissions of the Nation not exempted therefrom. [1 O.C. 105.1-1(a)].

SECTION 3. AMENDMENTS
This section details the changes to the bylaws from the previously adopted bylaws.
A. Article III. Meetings.
 Section 3-9 – Stipends. Section 3-9 of the Committee’s bylaws currently provides that “[t]he
appointed Committee member shall be paid a meeting stipend of $75.00 per any meeting provided
that the meeting has established a quorum.”[Committee Bylaws 3-9]. Under the proposed
amendments to the bylaws, this section, will now also read that “[t]he appointed Committee
member shall be paid a stipend of seventy-five dollars ($75.00) for attending the Oneida Business
Committee meeting when the annual audit is presented by the external auditors.” [Proposed Bylaws
3-9(b)].
 Impact: This revision will allow the appointed community member to be eligible to receive
a stipend of seventy-five dollars ($75.00) for attending the Oneida Business Committee
meeting when the annual audit is presented by the external auditors, since they are required
to be in attendance at that meeting.

SECTION 4. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS
Below is a summary of laws referenced in and related to the proposed amendments to the Audit Committee
bylaws.
A. Oneida Nation Constitution. The Constitution of the Oneida Nation contains a provision that allows
for the creation of committees for the proper conduct of tribal business of the Nation. [Oneida Nation
Constitution, Article IV, Section 1(g)]. There are no conflicts between the proposed bylaws amendments
and the Oneida Nation Constitution.
B. Internal Audit [1 O.C. Chapter 108]. This law creates a process by which internal audits are conducted
upon the Nation’s entities and delegates responsibilities for the purpose of conducting such audits. The
Audit Committee, established under section 108.4-1 of the law, is a standing committee of the OBC
with the responsibility for overseeing the internal audit process, including, but not limited to, any and
all investigations into complaints received alleging or suspecting improprieties and/or violations of the
Nation’s policies, laws, rules and directives. [1 O.C. 108-4-1]. There are no conflicts between the
proposed bylaws amendments and the Nation’s Internal Audit law.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn,gov

~
ONEIDA

AGENDA REQUEST FORM
1) Request Date: November 30, 2022
2)

Contact Person(s): Clarissa N. Leeman
Dept: Legislative Reference Office
Phone Number: (920) 869-4417

Email: cleeman@oneidanation.org

3)

Agenda Title: Emergency Amendments to the Election Law

4)

Detailed description of the item and the reason/justification it is being brought before the LOC:

On 11/30/22 the OBC adopted a motion to request the LOG to take
emergency action on th Election law to address concerns identified in the
event the 2023 Annual GTC meeting is not held. Section 102.9-1 requires
ti 1al tile GTC set ti 1e election dale al ti 1e Ja11ua1 y annual meeting.

List any supporting materials included and submitted with the Agenda Request Form

l) Election Law

3) _ _ _ _ _ _ _ _ _ _ __

2)___________

4) _ _ _ _ _ _ _ _ _ __

5) Please list any laws, policies or resolutions that might be affected:

6) Please list all other departments or person(s) you have brought your concern to:
Oneida Election Board brought this concern to the Oneida Business Committee on 11/30/22.

7) Do you consider this request urgent?

li]Yes

□ No

If yes, please indicate why:
The 2023 General Election is upcoming, Election law requires that the GTC set an election date at the January annual meeting.

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

LOC@oneidanation.org

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

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Title 1. Government and Finances - Chapter 102
ELECTION
Ona=k@= Tho Ni= Y%t Tsi> Kayanl^hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
102.1.
102.2.
102.3.
102.4.
102.5.
102.6.
102.7.

Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Election Board
Candidate Eligibility
Selection of Candidates
Notice of Polling Places

102.8. Registration of Voters
102.9. Election Process
102.10. Tabulating and Securing Ballots
102.11. Election Outcome and Ties
102.12. Elections
102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy
102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of
orderly elections of the Nation, including pre-election activities such as caucuses and nominations.
Because of the desire for orderly and easily understood elections, there has not been an allowance
made for write-in candidates on ballots.
102.1-2. This law defines the duties and responsibilities of the Election Board members and other
persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all
procedures used in the election process.
102.2. Adoption, Amendment, Repeal
102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A, and
emergency amended by resolution BC-07-13-22-E.
102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to
the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding
amendments to this law and policies adopted regarding implementation of this law are to be
presented to the Business Committee who shall then adopt or forward action(s) to the General
Tribal Council for adoption.
102.2-3. 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.
102.2-4. 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.
102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
102.3. Definitions
102.3-1. 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.
102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on
the Election Board during an election and until election results have been certified.
102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for
acceptance on a ballot.
102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding
holidays of the Nation.
102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to
support or reject a particular candidate of the Nation including, without limitation, advertising,
rallying, public speaking, or other communications with members of the Nation.
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102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is
placed on the ballot by the Election Board after successful application.
102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose
of determining voter eligibility.
102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.
102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political
or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,
member of any board, committee or commission, or their immediate relatives, friends or
associates, or any other person with whom they have contact, that conflicts with any right of the
Nation to property, information, or any other right to own and operate its enterprises, free from
undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in
any law or policy of the Nation.
102.3-10. “Election” shall mean every primary and election.
102.3-11. “General election” shall mean the election held every three (3) years in July to elect the
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the
Business Committee and may include contests for elected boards, committees and commissions
positions.
102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of
discrepancies, complaints and controversy regarding voter eligibility.
102.3-13. “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 Nation.
102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the
winner of an elected position, in the case of a tie between two (2) or more candidates.
102.3-15. “Nation” means the Oneida Nation.
102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by
the Nation for the benefit of transmitting news to members of the Nation, which is designated by
the Election Board as a source for election related news.
102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a
police officer on any police force.
102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential
dwelling or a privately owned business within the boundaries of the Reservation.
102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill
Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida
Community Health Center, the SEOTS building and all One-Stop locations.
102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)
years of age or older.
102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating
machine.
102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred
and is not tabulated.
102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.
102.4. Election Board
Section A. Establishment, Composition and Election
102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this
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law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.
102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be
elected to terms of three (3) years, not to exceed two (2) consecutive terms.
102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an
Election Board member in any pre-election, election day, or post-election activities while he or
she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest.
102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member
who is removed from the Election Board shall be ineligible to serve on the Board for three (3)
years from the time he or she is removed from the Election Board.
102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the
Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed
to correspond with the pre-election activities and the needs of the Election Board.
102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.
102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to
the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.
102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in
the By-laws of the Election Board, to preside over the meetings. This selection shall be carried
out at the first meeting of the Election Board following an election. The Chairperson shall then
ask the Election Board to select a Vice-Chairperson and Secretary.
Section B. Duties of the Election Board
102.4-9. The Election Board shall have the following duties, along with other responsibilities listed
throughout this law.
(a) The Election Board shall be in charge of all registration and election procedures; and
(b) Upon completion of an election, the Election Board shall make a final report on the
election results as set out in this law.
Section C. Specific Duties of Officers and Election Board Members
102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to
being present at all Election Board meetings and assisting the handicapped through the voting
process, are as set out herein:
(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing
body for applicants found to be ineligible in accordance with 102.5-6 in the event of an
appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust
Enrollment Department personnel when their election day duties are complete; and shall
post and report election results.
(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.
(c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s
Secretary, other Election Board members and the public as required in the Open Records
and Open Meetings Law.
(d) Clerks: Shall implement the requirements of identifying and registering all voters and
determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment
Department personnel in the registration process, and assist the Chairperson as directed in
conducting the election. Clerks cannot be currently employed by the Trust Enrollment
Department.
(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as
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determined by this law. Shall assist the Chairperson in conducting the election.
(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted
under this law. In case of disputes among Election Board members, or between members
of the Nation and Election Board members, or any controversy regarding voter eligibility,
the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall
also ensure that all ballots of voters whose eligibility may be in question, remain
confidential.
Section D. Compensation Rates
102.4-11. Election Board members are to be compensated at an hourly rate when conducting
elections as provided for in the Election Board’s bylaws as approved by the Business Committee.
The Election Board shall have a budget, approved through the Nation’s budgeting process.
102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be
compensated at their regular rate of pay out of their respective budgets.
102.5. Candidate Eligibility
Section A. Requirements
102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section
in order to become a candidate.
102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:
(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.
(b) be a qualified voter on the day of the election.
(c) provide proof of physical residency as required for the position for which they have
been nominated or for which they have petitioned. Proof of residency may be through one
(1) or more of the following:
(1) a valid Wisconsin driver’s license;
(2) a bill or pay check stub showing name and physical address of the candidate
from the prior or current month;
(3) another form of proof that identifies the candidate and that the candidate has
physically resided at the address and identifies that address as the primary
residence.
102.5-3. No applicant may have a conflict of interest with the position for which they are being
considered, provided that any conflict of interest which may be eliminated within thirty (30)
calendar days of being elected shall not be considered as a bar to nomination or election.
102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be
filed by presenting the information to the Nation’s Secretary, or designated agent, during normal
business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus.
No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted.
102.5-5. The names of the candidates and the positions sought shall be a public record and made
available to the public upon the determination of eligibility by the Election Board or the Board’s
designated agent.
Section B. Eligibility Review
102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.
At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall
select the hearing body. The hearing shall be held within two (2) business days of receipt of the
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appeal. The applicant shall be notified by phone of time and place of the hearing. The decision
of the hearing body shall be sent via certified mail or hand delivery within two (2) business days
of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the
Judiciary on an accelerated schedule.
102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to
verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position
shall be notified by certified mail return receipt requested. The notice shall provide the following
information:
(a) Position for which they were considered
(b) Qualification of the position and citation of the source. (Copies of source may be
attached.)
(c) A brief summary explaining why the applicant was found to be ineligible.
(d) That the applicant has two (2) business days from notification to make an appeal.
Appeals must be filed at the location designated on the notice by hand delivery. The
location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or
other delivery method will be accepted.
Section C. Campaign Financing
102.5-8. Contributions:
(a) Solicitation of Contributions by Candidates.
(1) Candidates shall only accept contributions from individuals who are members
of the Nation or individuals related by blood or marriage to the candidate.
Candidates may not accept contributions from any business, whether sole
proprietorship, partnership, corporation, or other business entity.
(2) Candidates shall not solicit or accept contributions in any office or
business/facility of the Nation.
(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
102.5-9. Campaign Signs and Campaigning:
(a) Placement of campaign signs:
(1) Campaign signs shall not be posted or erected on any property of the Nation
except for private property with the owner/tenant’s permission.
(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum
of seven (7) such signs may be placed on a building or on a lot.
(3) No campaign sign shall project beyond the property line into the public right
of way.
(b) Removal of campaign signs. All campaign signs shall be removed within five (5)
business days after an election.
(c) Employees of the Nation shall not engage in campaigning for offices of the Nation
during work hours. The Nation’s employees shall be subject to disciplinary action under
the personnel policies and procedures for political campaigning during work hours.
(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign
signs that are not in compliance with this law, in accordance with the Zoning and Shoreland
Protection Law.
(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
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Section D. Candidate Withdrawal
102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by
the candidate prior to submission of the ballot for printing to any Election Board member,
excluding alternates.
102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the
election by submitting in writing a statement indicating they are withdrawing from the election
prior to the opening of the polls to any Election Board member, excluding alternates. This
statement shall be posted alongside any sample ballot printed prior to the election in the newspaper
or any posting at the polling places.
102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the
Election Board members in charge of the polling place, to be removed from the ballot. The written
statement shall be posted next to any posted sample ballot.
102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from
which they have withdrawn regardless of the number of votes cast for that candidate. A written
statement shall be considered the only necessary evidence of withdrawal and acceptance of denial
of any position withdrawn from.
102.5-14. Candidate Withdrawal After Winning an Election.
(a) In the event a candidate declines an office after winning an election, the Election Board
shall declare the next highest vote recipient the winner. This procedure shall be repeated
as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
2.6. Selection of Candidates
Section A. Setting of Caucus
102.6-1. The Election Board shall be responsible for calling a caucus before any election is held.
The caucus for the general election shall be held at least ninety (90) calendar days prior to the
election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior
to the election date. In a general election year, caucuses shall be combined so that candidates for
the Business Committee and elected boards, committees and commissions are nominated at the
same caucus.
102.6-2. The procedures for the caucus shall be as follows:
(a) Candidates shall be nominated from the floor.
(b) Candidates present at the caucus will accept/decline their nomination at the caucus.
Candidates nominated at the caucus, but not present to accept the nomination, shall be
required to follow the petition process.
(c) Nominations shall consist of the following positions: Chairperson, Vice-Chairperson,
Treasurer, Secretary, Council Member and other elected positions as required by by-laws
or creating documents of a board, committee, or commission.
Section B. Petition
102.6-3. Any eligible member of the Nation may petition to be placed on a ballot according to the
following procedures:
(a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s
original signatures; photocopies shall not be accepted.
(b) Petitioners shall use an official petition form as designated by this law which may
be obtained in the Office of the Nation’s Secretary or from the mailing for that caucus.
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(c) The petition form shall consist of each endorsee’s:
(1) printed name and address;
(2) date of birth;
(3) Oneida Nation Enrollment Number; and
(4) signature.
(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as
defined under this law.
(e) Petitions shall be presented to the Nation’s Secretary, or designated agent, during
normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to
close of business five (5) business days after the caucus. The location to drop-off
petitions shall be identified in the mailing identifying the caucus date.
(f) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson
the next business day following the close of petition submissions.
(g) The Election Board shall have the Trust Enrollment Department verify all
signatures contained on the petition.
102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a
judicial court or commission, shall not run for more than one (1) elective office or seat per election.
102.7. Notice of Polling Places
102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of
the polling places and the time the polls will be open. This notice shall also be posted in an easily
visible position, close to the entrance of the Nation’s businesses/facilities.
102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the
election, and shall remain posted until the poll closes on the day of the election.
102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation
members, stating the time and place of the election and a sample of the ballot, no less than ten (10)
calendar days prior to the election, through a mass mailing. The Trust Enrollment Department
shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior
to the requested mailing.
102.7-4. Notice of the election shall be placed in the Nation’s newspaper.
102.8. Registration of Voters
Section A. Requirements
102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years
of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the
Oneida Nation Constitution.
Section B. Identification of Voters
102.8-2. All voters must present one of the following picture identifications in order to be able to
vote:
(a) Oneida Nation I.D.
(b) Drivers License.
(c) Other I.D. with name and photo.
Section C. Registration Procedures
102.8-3. Voters shall physically register, on the day of the election, at the polls.
102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment
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with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election
Officials during the voting period.
102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration
Form containing the voter’s following information:
(a) name and maiden name (if any);
(b) current address;
(c) date of birth; and
(d) enrollment number.
Section D. Qualification/Verification of Voter Eligibility
102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,
the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with
the Trust Enrollment Department personnel who are registering voters, to decide the voting
member’s eligibility currently being questioned and shall make such decisions from the facts
available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation
Constitution, Article III Section 2, to vote in the Nation’s elections.
102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be
placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of
the voter shall be written next to a numbered list which corresponds to the numbered and sealed
envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box
413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they
desire to challenge the decision made by the Election Officials. The Election Board shall make a
final decision, within five (5) business days of receiving the appeal and shall report this decision
in the final report sent to the Oneida Business Committee.
102.9. Election Process
Section A. Polling Places and Times
102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections
shall be held in the month of July on a date set by the General Tribal Council. The General Tribal
Council shall set the election date at the January annual meeting, or at the first GTC meeting held
during a given year. Special Elections shall be set in accordance with 102.12-6.
102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election
Board.
102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line
to vote at 7:00 p.m. shall be allowed to vote.
(a) If a ballot counting machine is used, the ballot counting machine shall be prepared
prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four
(4) members of the Nation verify, through signature on the tape, the ballot box is empty
and the ballot counting machine printer tape has a zero (0) total count.
102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,
and until the counting of ballots is completed, and tentative results posted.
102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such
that there is an area with at least two sides and a back enclosure.
102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of
the voting area, excluding private property.
102.9-7. No one causing a disturbance shall be allowed in the voting area.
102.9-8. Election Board members may restrict the voting area to qualified voters only. This
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restriction is in the interest of maintaining security of the ballots and voting process.
Section B. Ballot Box
102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and
shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,
the ballots may be placed within the ballot counting machine as they are received.
Section C. Spoiled Ballots
102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.
102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials
and placed in an envelope marked as "Spoiled Ballots."
102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)
calendar days following finalization of any challenge of the election, at the Records Management
Department.
Section D. Rejected Ballots
102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.
(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the
authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final
computer total, provided that, a new ballot was not received as set out in sections 102.9-10
through 102.9-12.
(b) Ballots rejected, either during the computer process or during a manual counting, shall
be reviewed by the Election Officials to verify that they are authentic. If the Election
Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the
ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.”
102.10. Tabulating and Securing Ballots
Section A. Machine Counted Ballots
102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate
from the ballot counting machine copies of the election totals from the votes cast.
102.10-2. At least three (3) Election Board members shall sign the election totals, which shall
include the tape signed by the members of the Nation before the polls were opened per section
102.9-3(a).
Section B. Manually Counted Ballots
102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the
ballot box and remove the ballots.
102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall
be secured in a sealed container for transportation to the ballot counting location. The sealed
ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election
Officials for counting/tallying of ballots.
102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and
witnessed/monitored by an Oneida Police Officer.
102.10-6. Ballots must be counted by two different Election Officials until two final tallies are
equal in back to back counting. Final tallies shall be verified by the Election Judges.
Section C. Securing Ballots
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102.10-7. The Judges shall place together all ballots counted and secure them together so that they
cannot be untied or tampered with without breaking the seal. The secured ballots, and the election
totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container
in such a manner that the container cannot be opened without breaking the seals or locks, or
destroying the container. The Oneida Police Officer shall then deliver, on the day of the election,
the sealed container to the Records Management Department for retaining.
102.11. Election Outcome and Ties
Section A. Election Results Announcement
102.11-1. The tentative results of an election shall be announced and posted by the Election Board
within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain
the following statement:
"The election results posted here are tentative results. Final election results are forwarded
by the Oneida Election Board to the Oneida Business Committee via a Final Report after
time has lapsed for recount requests, or challenges or after all recounts or challenges
have been completed, whichever is longer”
102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s
newspaper, the tentative results of an election.
Section B. Tie
102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to
determine the outcome of an election, the Election Board shall conduct an automatic recount of
the votes for each candidate receiving the same number of votes. Any recount conducted shall be
the only recount allowed for the tied candidates.
102.11-4. For Business Committee positions, a run-off election between the candidates with the
same number of votes shall be held if there remains a tie after the recount. Said run-off election
shall be held within twenty one (21) calendar days after the recount. For all other positions, if
there remains a tie after the recount, the Election Board shall decide the winner of the tied positions
at least two (2) business days after, but no more than five (5) business days after the recount
through a lot drawing, which shall be open to the public.
(a) The Election Board shall notify each of the tied candidates and the public of the date,
time, and place of the drawing at least one (1) business day before the drawing. Notice to
the tied candidates shall be in writing. Notice to the public shall be posted by the Election
Board in the prominent locations.
(b) On the date and at the time and place the drawing was noticed, the Election Board
Chairperson shall clearly write the name of each tied candidate on separate pieces of paper
in front of any witnesses present. The pieces of paper shall be the same, or approximately
the same, color, size, and type. The papers shall be folded in half and placed in a container
selected by the Election Board Chairperson.
(c) The Election Board Chairperson shall designate an uninterested party to draw a name
from the container. The candidate whose name is drawn from the container first shall be
declared the winner. An Election Board member other than the Chairperson shall remove
the remaining pieces of paper from the container and show them to the witnesses present.
Section C. Recount Procedures
102.11-5. A candidate may request the Election Board to complete a recount, provided the margin
between the requesting candidate’s vote total and vote total for the unofficial winner was within
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two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is
greater. A candidate requests a recount by hand delivering a written request to the office of the
Nation’s Secretary, or noticed designated agent, within five (5) business days after the election.
Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact
the Election Board Chairperson by the next business day after the request for recounts.
102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the
request regarding the results of the recount. Provided that, no recount request need be honored
where there have been two (2) recounts completed as a result of a request either as a recount of the
whole election results, or of that sub-section.
102.11-7. All recounts shall be conducted manually with, if possible, the original Election
Officials and Oneida Police Officer present, regardless of the original type of counting process.
Manual recounts may, at the discretion of the Election Officials, be of the total election results, or
of the challenged sub-section of the election results.
102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed
container with the ballots from the Records Management Department and transporting it to the
ballot recounting location.
102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three
(3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election
Board Chairperson and an Oneida Police Officer shall witness the recount.
102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be
counted until two (2) final tallies are equal in back to back counting and the total count of ballots
reconciles with the total count from the ballot counting machine. Sub-sections of candidates may
be recounted in lieu of a full recount.
(a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be
counted twice by different persons and certified by the Judges.
(b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior
to using an electronic ballot counting device, it shall be certified as correct either by the
maker, lessor of the machine, or Election Board.
Section D. Challenges and Declaration of Results
102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a
complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall
hear and decide a challenge to any election within two (2) business days after the challenge is filed.
Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after
the issuance of the lower body’s decision and decided within two (2) business days after the appeal
is filed.
(a) The person challenging the election results shall prove by clear and convincing
evidence that the Election Law was violated or an unfair election was conducted, and that
the outcome of the election would have been different but for the violation.
(b) If the Judiciary invalidates the election results, a Special Election shall be ordered by
the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon
as the Election Law allows for a Special Election.
102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s
Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges
have been completed, whichever is longer. The Final Report shall consist of the following
information:
(a) Total number of persons voting.
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(b) Total votes cast for each candidate by subsection of the ballot.
(c) List of any ties and final results of those ties, including the method of resolution.
(d) List of candidates elected and position elected to.
(e) Number of spoiled ballots.
(f) Cost of the election, including the compensation paid to each Election Board member.
102.11-13. Declaration of Results. The Business Committee shall declare the official results of
the election and send notices regarding when the swearing in of newly elected officials shall take
place within ten (10) business days after receipt of the Final Report.
102.11-14. Candidates elected to the Business Committee shall resign from any salaried position
effective prior to taking a Business Committee oath of office
102.11-15. Except in the event of an emergency, as determined by the Business Committee,
newly elected officials shall be sworn into office no later than thirty (30) calendar days after the
official results of an election are declared by the Business Committee.
(a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall
be considered vacant and the Election Board shall declare the next highest vote recipient
the winner. This procedure shall be repeated as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
102.11-16. The Election Board shall send notice to the Records Management Department to
destroy the ballots thirty (30) calendar days after the election or after the final declaration of official
election results occurs, whichever is longer.
102.12. Elections
Section A. Primary Elections; Business Committee
102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty
(60) calendar days prior to the election.
102.12-2. There shall be a primary election for Business Committee positions whenever there are
three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions.
(a) The two (2) candidates receiving the highest number of votes cast for each officer
position shall be placed on the ballot.
(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large
council member positions shall be placed on the ballot.
(c) Any position where a tie exists to determine the candidates to be placed on the ballot
shall include all candidates where the tie exists.
102.12-3. The Election Board shall cancel the primary election if the Business Committee
positions did not draw the requisite number of candidates for a primary by the petitioning deadline
set for the primary.
102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a
winner in the primary, the Election Board shall declare the next highest primary vote recipient the
primary winner. This procedure shall be repeated as necessary until the ballot is full or until there
are no available candidates. If the ballot has already been printed, the procedures for notifying the
Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to
print a notice in the Nation’s newspaper if time lines allow.
Section B. Special Elections
102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as
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defined in this law, may be placed on the same ballot as the subject matter of an election.
102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business
Committee as recommended by the Election Board or as ordered by the Judiciary in connection
with an election challenge.
102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent
locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the
Special Election.
102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided
that no less than twenty-four (24) hours notice of the rescheduled election date is given to the
voters, by posting notices in the prominent locations.
Section C. Referendums
102.12-9. Registered voters may indicate opinions on any development, law or resolution,
proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special
referendum election.
(a) Referendum elections in which a majority of the qualified voters who cast votes shall
be binding on the Business Committee to present the issue for action/decision at General
Tribal Council.
(b) Referendum requests may appear on the next called for election.
(c) Referendum questions are to be presented to the Nation’s Secretary, in writing, at the
caucus prior to election, regarding issues directly affecting the Nation or general
membership.
Section D. Initiation of Special Elections
102.12-10. Special Elections may be initiated by a request or directive of the General Tribal
Council or the Oneida Business Committee.
102.12-11. Special Election may be requested by a member of the Nation to the Business
Committee or General Tribal Council.
102.12-12. All Special Elections shall follow rules established for all other elections. This includes
positions for all Boards, Committees and Commissions.
102.13. Oneida Nation Constitution and By-law Amendments
102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida
Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition
of qualified voters. The requirements for the Oneida Business Committee’s initiation of
Constitutional amendments are as provided in the Constitution and as further detailed in the
supporting standard operating procedures which the Oneida Business Committee shall adopt.
Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting
a petition to the Office of the Nation’s Secretary which includes the full text of the proposed
amendments and signatures that are equal in number to at least ten percent (10%) of all members
qualified to vote.
(a) Qualified voters may request a petition form from the Office of the Nation’s Secretary.
(b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall
direct the Trust Enrollment Department to calculate the number of signatures currently
required for a petition submittal, which shall be ten percent (10%) of all members qualified
to vote on the date the petition form is requested from the Office of the Nation’s Secretary.
When the Nation’s Secretary receives the calculation from the Trust Enrollment
1 O.C. 102 – page 13

156 of 320

Department, the Nation’s Secretary shall provide the requester with the petition form and
the number of signatures that are currently required.
(c) Such petitions shall be circulated with all supporting materials and submitted a
minimum of ninety (90) days prior to the election at which the proposed amendment is to
be voted upon. If a petition includes supporting materials in addition to the petition form,
each qualified voter signing the petition shall also acknowledge that the supporting
materials were available for review at the time he or she signed the petition by initialing
where required on the petition form.
(d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment
Department for verification of signatures and to the Election Board to provide notice that
the petition may need to be placed on an upcoming ballot.
(e) If the petition is verified by the Trust Enrollment Department to contain signatures from
at least ten percent (10%) of all qualified voters, the Election Board shall make an official
announcement of the proposed amendments to the Oneida Nation Constitution at least sixty
(60) days prior to the election at which the proposed amendments are to be voted on.
102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation
Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general
election. Provided that, the Oneida Business Committee or General Tribal Council may order a
special election be held to consider the proposed amendments. In such circumstances, the Election
Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the
next special election.
102.13-3. The Election Board shall publish any proposed amendments by publishing a sample
ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust
Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty
(20) calendar days prior to the requested mailing. Copies of such publications shall be prominently
posted in each polling place and at administrative offices of the Nation and shall also be published
in official Oneida media outlets, which the Oneida Business Committee shall identify by
resolution. For the purposes of this section, Oneida administrative offices means the location
where the Oneida Business Committee conducts business.
102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of
the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall
ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a
true and impartial statement and is written in such a manner that does not create prejudice for or
against the proposed amendment.
102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed
amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that
amendment shall become part of the Constitution and By-laws, and shall abrogate or amend
existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission
of the final election report.
102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the
amendment receiving the highest affirmation vote prevails.
End.
Adopted - June 19, 1993
Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda)
Presented for Adoption of 1997 Revisions - GTC-7-6-98-A
Amended- October 11, 2008 (General Tribal Council Meeting)

1 O.C. 102 – page 14

157 of 320

Amended-GTC-01-04-10-A
Amended – BC-02-25-15-C
Amended – GTC-04-23-17-A
Emergency Amended – BC-03-17-20-B
Emergency Amended – BC-05-13-20-H
Emergency Amended – BC-06-24-20-B (Expired at Conclusion of 2020 General Election)
Emergency Amended – BC-04-28-21-B (Expired)
Emergency Amended – BC-07-13-22-E

1 O.C. 102 – page 15

158 of 320

Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn,gov

~

ODDOOO

ONEIDA

AGENDA REQUEST FORM
1) Request Date: December 7, 2022
2)

Contact Person(s): Clarissa N. Leeman
Dept: Legislative Reference Office
Email: cleeman@oneidanation.org

Phone Number: (920) 869-4417
3)

Agenda Title: Amendments to Address the Dissolution of ERB and Transition of Responsibilities

4)

Detailed description of the item and the reason/justification it is being brought before the LOC:

Amendments to various laws are needed to address the dissolution of
ERB and the transfer of responsibilities to other entities such as the
EHSLA and/or the Land Commission.

List any supporting materials included and submitted with the Agenda Request Form

5)

6)

7)

l) Oneida Law Office Memorandum

3)_A_ff_e_c_te_d_L_a_w_s_ _ _ _ _ __

2 ) Excerpt from 9/28/22 OBC Meeting Packet

4) _ _ _ _ _ _ _ _ _ _ _ _ __

Please list any laws, policies or resolutions that might be affected:
Cemetery law, Domestic Animals law, Tribal Environmental Response law, Well Abandonment law, All Terrain Vehicle law, Tribal Environmental
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Quality Review law,
Hunting Fishing and
Please list all other departments or person(s) you have brought your concern to:
Trapping law, On-Site
General Manager and Oneida Law Office provided assessments of this issue.
Waste Disposal law, Water
Resources Ordinance,
Do you consider this request urgent?
li]No
Public Use of Tribal Land
□ Yes
law.

If yes, please indicate why:

I, the undersigned, have revie
the Legislative Operating Co

attached materials,

and that they are subject to action by

Signature of Requester:

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

A good mind. A good heart A strong fire.

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Jo Anne House, PhD I Chief Counsel
James R. Bittorf I Deputy Chief Counsel
Kelly M. McAndrews I Senior Staff Attorney

Law Office

Carl J. Artman
Krystal L. John
Peggy A. Van Gheem
Lydia M. Witte

ONEIDA

MEMORANDUM
TO:

Jo Anne House, Chief Counsel
KellyM.

FROM:

Date: 2022.11.2213:43:07 -06'00'
Kelly M. McAndrews, Senior Staff Attorney McAndrews
Krystal John, Staff Attorney
Krysta I L JO h ·Digitally signed by Krystal L John

•

DATE:

Digitally signed by Kelly M.
McAndrews

n. Date: 2022.11.22 13:45:20 -06'00'

November 21,2022

SUBJECT: Considerations in the dissolution of ERB

During the August 10, 2022 Business Committee (BC) meeting, Lisa Liggins, Tribal
Secretary, made a motion to Direct the General Manager (GM) to "[C]omplete the assessment
regarding the feasibility of the EHSLA Division taking on the roles of ERB ... " This
assessment, as required, was submitted by Mark Powless, General Manager, to the BC for its
September 28, 2022 meeting.
In short, the GM concluded that although changes were necessary to those Oneida laws
that delegated the authority and responsibility to the Environmental Resources Board (ERB),
those responsibilities that were jointly executed by the ERB and Environmental, Health, Safety,
and Land Division (EHSLA), could be assumed by EHSLA. Additionally, for those duties that
delegated ERB the power and duty to carry out the intent and purposes of the law, including
enforcement, those responsibilities could be delegated to EHSLA and/or the Land Commission.
Oneida Environmental Resources Board
The ERB was established by BC Resolution BC-02-22-85-B. ERB was established to
assist in the protection of the Nation's hunting and fishing treaty rights. See BC-02-22-85-B.
The establishment of ERB was to oversee and coordinate "all tribal conservation activities
including, reforestation, recreational development and the orderly regulation of hunting and
fishing" on the Oneida Reservation. Id. At the time the charter and the by-laws governed ERB.
Id. Over time the by-laws have changed and laws were created which ERB implemented and
enforced.
ERB' s authority was codified in several Tribal laws. ERB acted as an original hearing
body for enforcement action pursuant to those laws in which ERB was delegated authority.
However, once the Judiciary was formalized, this hearing authority was transferred to the
Judiciary. On July 26, 2017, as part of an effort to standardize and streamline the Nation's
hearing responsibilities, 1 the Oneida Business Committee adopted amendments to various laws
1

Specific to enforcement matters.
N72l0SeminaryRoad • P.O,Box 109 • Oneida,WI 54155 • 920.869.4327
oneida-nsn.gov

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Page2
of the Nation which transferred the Environmental Resource Board's original hearing body
authority and responsibilities to the Oneida Judiciary, including: 2
•
•
•
•
•
•
•
•

Well Abandonment Law Amendments (BC#7-26-17-A)
Tribal Environmental Response Law Amendments (BC#7-26-17-B)
On-Site Waste Disposal Law Amendments (BC#7-26-17-C)
Public Use of Tribal Land Law Amendments (BC#7-26-17-D)
All-Terrain Vehicle Law Amendments (BC#7-26-17-E)
Hunting, Fishing and Trapping law amendments (BC#7-26-17-F) (these
amendments also clarify the law's Jurisdiction section)
Water Resources Ordinance amendments (BC#7-26-17-G)
Domestic Animals Ordinance (BC#6-28-l 7-B)

The original date established to transfer ERB's hearing authority to the Judiciary, October 1,
2017, was extended to January 1, 2018 in order to work out implementation issues. BC
Resolutions 09-27-17-E; 09-27-17-F.
The ERB continued to operate in an administrative capacity after its hearing authority
was transfe1red to the Judiciary. However, the realization of the COVID-19 pandemic impacted
the Nation and, specific to this memorandum, operations of the Nation's Boards, Committees,
and Commissions-including the ERB. Broadly, as a result of the COVID-19 pandemic, the
Nation was forced to implement financial and health/safety/welfare restrictions on operations.
As a result, specified Boards, Committees, and Commissions (including ERB) were placed in
temporary closure states. BC #4-8-20-B ("[T]hese entities should be placed on temporary
closure to preserve funding for necessary governmental services and activities.") Vacancies were
also not posted. Id. Listed boards were placed on closure status for the remainder of FY 2020 and
during any continuing resolution for FY 2021. Id. The temporary closure of ERB was continued
for the duration of FY 2021. BC#l 1-24-20-C.
Soon it became necessary for some Boards, Committees, and Commissions to resume
business. Thus, BC Resolution 04-14-21-B specified that those Boards, Committees, and
Commissions that were subject to the extension of the temporary closure (BC#l 1-24-20-C),
including the ERB, were able to meet virtually, but could not meet in person and were not
authorized to receive a stipend (stipends for these boards was suspended for FY2021 by
previously mentioned resolution). 3 However, even after FY2021 ended, the Nation's GAO
reports that ERB has not received anything from the EHSLA that requires review, all ERB board
member terms have now expired, and despite posting, there have been no applications for vacant
ERB positions (including by former Board members). Thus, the Business Committee has
determined that it may be necessary to dissolve the ERB and transfer its duties and
responsibilities.

2

The legislative history of the laws referenced is located within each resolution.
BC#08-12-20-B codified amendments to the Nation's Boards, Committees, and Commissions law including the
ability to have meetings which were not conducted in person, but through certain technology. BC#0S-12-21-1
addressed the Nation's "reopening" and resumption of government offices, indicating the Nation shall attempt to
safely re-open to the public and in accordance with U.S. Centers for Disease Control.
3

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Transition of the ERB duties and Responsibilities

There currently appears to be no community interest in applying for the ERB Board.
Although ERB's [enforcement] hearing responsibilities were transitioned to the Judiciary in
2018, the ERB continues to have duties and responsibilities. It is possible to dissolve the ERB
and transfer the ERB' s duties and responsibilities to other entities. In fact, the GM concluded
that the ERB's duties and responsibilities could be delegated to EHSLA and/or the Land
Commission. Although the ERB's bylaws do not address the dissolution of the ERB, the
Nation's Boards, Committees, and Commissions law addresses the dissolution of a board:
105.17-2. Dissolution of an Entity. All other entities 4 of the Nation shall be
dissolved only by motion of the Oneida General Tribal Council or the Oneida
Business Committee.
105.17-3. Notice of Dissolution. Within five (5) business days of the Oneida
General Tribal Council or the Oneida Business Committee taking official action
to dissolve an entity, the Oneida Business Committee shall provide the entity
written notice of the dissolution.
105.17-4. Management of Records and Materials. All chairpersons and secretaries
of dissolved entities shall be responsible for closing out open business of the
entity and forwarding all materials and records to the Business Committee
Support Office for proper storage and disposal within two (2) weeks of
dissolution. The entity shall not alter or destroy any records. The Business
Committee Support Office may utilize the assistance of the Records Management
Department and/or any other appropriate department for the storage and disposal
of the records and materials.
(a) The entity may request the Oneida Business Committee to grant a one
(1) week extension of the time allowed to close out open business of the
entity and forward all materials and records to the Business Committee
Support Office.
In sum, the Business Committee may make a motion to dissolve the ERB. 5 Although there is no
sitting ERB, a written "Notice of dissolution" should be provided to Secretary's Office, OBC
Records, Supervisor- Boards, Committees, and Commissions within five (5) business days of the
BC action. Additionally, since the ERB has no Chairperson or Secretary, it will be necessaiy to
designate an individual/unit to complete the Management of Records and Materials functions
required by sec. 105 .1 7.4. This designation may also occur in the aforementioned motion.

4 This section applies to the ERB.

An earlier provision contains the dissolution process for a Task Force or Ad Hoc
Committee. See sec. 105.17-1 for further.
5
Codified into a Resolution is appropriate.

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Page4
In addition to the closure of open business and storage/ disposal of records and materials,
ERB' s duties and responsibilities must be considered and transferred. The following laws
contain duties and responsibilities for the ERB and will need to be addressed by the LOC, with
delegated authorities assigned elsewhere (as recommended by the GM):
Rulemaking authority/ Fine and penalty schedule authority/ Citation authorities- 6
Ch. 127, Cemetery law, delegation of rulemaking authority re: prohibited uses of Oneida Nation
cemetery grounds. Sec. 127.8-2. ERB to be copied on Cemetery complaints and provided
maintenance and appearance rules created by LC. Secs. 127.9-2; 127.8-l(a).
Ch. 304, Domestic Animals, delegation of joint authority (with EHSLA) to develop a fine,
penalty, and licensing fee schedule. Such schedules are adopted by the Oneida Business
Committee through resolution. Sec. 304.4-3.
Ch. 401, Tribal Environmental Response, delegation of rulemaking authority to adopt a penalty
schedule (recommended by EHSLA). Sec. 401.10-2. Contested action hearings at 401.10-3.
Ch. 404, Well Abandonment, contested action hearings at 406. 7-4. 7
Ch. 410, All Teirnin Vehicle, authority to promulgate rules to establish minimum standards for
the instruction given under par. (a)l [rental/ leasing]. Sec. 410.5-2. Contested action hearings at
410.7-2.
Ch. 606, Tribal Environmental Quality Review, there is no explicit authority granted to the
ERB-any authority is implied based upon delegation of rulemaking authority other rules. Sec.
606.6-1 simply says (in part), the "Tribe shall adopt rules and regulations .... " This law does not
need to be changed, but any changes made may impact internal procedures in the implementing
of this law.
Additional authorities 8
Ch. 405, Hunting, Fishing, and Trapping, the ERB has extensive authority under this law. ERB
and the [Conservation] Department jointly establish and maintain the rules that are required to
implement this law. Joint rulemaking authority includes: license types and limits, fee schedule/
application requirements, declare/amend protected, threatened, or endangered species, establish
and modify hunting season(s), establish/modify ten-itorial limits, establish check in procedures,
regulate craft (boats, air, vehicles) used for hunting/ fishing/trapping, regulate means/methods by
which wildlife may be taken, regulate transp01iation/storage of wildlife, prescribe fire and other
66

For those laws referencing contested action hearings, such section may need to be rewritten to reduce
redundancy to the Nation's Citation law. Additionally, the Judiciary uses a minimum wage calculation for
community service situations, which is higher than the $10 per hour rate that appears in these laws. It is believed
the $10 rate used in these laws was minimum wage at the time those sections were adopted.
7
This number is as it appears in the law.
8
These authorities are more in depth than those listed in under the Rulemaking authority/ Fine and penalty

schedule authority/ Citation section.

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

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Page 5
safety control measures for recreationists (etc.), establish fine/ penalty schedule, provide public
notice (on website) of the rules and development of rule booklet, and authority to implement
other rules as necessary to implement the law.
Ch. 407, On-site Waste Disposal, delegation of rulemaking authority to establish penalties for
violations. Sec. 407.7-4. Contested action hearings at 407.7-6. 407.7-1 . Variances- Requests for
a variance to conditions/ requirements of the law are made to the ERB (may be made through the
Environmental Specialist), and the ERB shall issue written approval or denial of any variance
requested. The decision may be appealed to the Judiciary. Sec. 407.7-5.
Ch. 409, Water Resources Ordinance, the ERB serves in an advisory capacity to the
[Environmental] Department in the development and administration of the programs
contemplated by this law. The ERB and the Business Committee approve intergovernmental
agreements related to the control [of] pollution of any inter-jurisdiction streams and other waters.
The ERB also has the authority to review any Orders issued by the Depaiiment, hold a [public]
hearing, and suspend, affirm/ repeal/ change the Order. Additionally, the ERB is delegated
authority to hold environmental pollution hearings and issue emergency orders/ establish fines.
Contested action hearings at 409.6-5.
Ch. 609, Public Use of Tribal Land, the ERB has extensive authority pursuant to this law. The
ERB has the duty and power to carry out the intent and purposes of this law and enforce the
provisions of this law. The ERB, or designated staff,9 shall: develop/approve/maintain a land
access map (includes access designations), hold public hearings on amendments to the map,
determine which Tribal land will be posted/ ensure posting, prescribe permissible/prohibited uses
for Tribal land and post, and implement/ interpret provisions of this law. This law creates fines/
penalties for ce1iain land related violations (example: trespassing; A list of related laws is
referenced). Contested action hearings at 609.7.

9

Post-COVID It is believed ERB no longer has staff.

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.._ O{fice Bu~

UGWA DEHOLUH UJ!HE

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Phone: 869-2771

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Oneida. WI 54155

rf f1,,1hd

rai

1hip botw•en

the

1iJ1

notions and the Colony
of Ponriaylvonia. a n•~
notion, th• U n i t e d
Statga was made po11iblo.

forii;;ip 1 ,nf 1i,1r lh,;,
tr Ql~1, i1r1 t,,pr!, t on1-ii1·1..
l i.,J

y-,_rfy

kca\llo of tho help
of 1h11 Oneida Chio!
in cementing o fri•nd-

al

lhwi't'i .

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-r
RESOLUITON NO.

::J..- ::2. ;;l.- 2$" -_B

WHEREAS, The governing body of the Oneida Tribe of Indians of Wisconsin is
the Oneida General Tribal C.Ouncil, and

~,

the Oneida General Tribal Council has delegated its governing powers
and responsibilitie s to the Oneida Business CDnm:i.ttee, subject to
its review, and

wlIEREAS,

the legal right of Oneida Indians to lrunt and fish on the Oneida
Indian Reservation is defined by the 1838 Treaty, and

wliERFAS,

it has been dete:rmined that the treaty protected rights to hunt and
fish on the Oneida Reservation by Oneida Indians can best be
accomplished by the establishrrent of an Oneida Conservation Board,
and

WHEREAS,

it has been determined that the establisl:mmt of the Oneida
Conservation Board will benefit the Oneida Tribe, from the present
into the future, by overseeing and coordinating all tribal
conservation activities including, reforestation, recreational
developrent and the orderly regulation of hunting and fishing on the
Oneida Indian Reservation.

NCM, THEREFORE BE IT RESOLVED: That the Oneida Conservation Board is hereby
established to carry out the purposes set forth above, and

BE IT FUR1HER RESOLVED: That the attached charter and by-laws shall govern
the conduct and activities of the Oneida Conservation Board.
BE IT FilW.LY RESOLVED: That the following ~ d persons are hereby appointed
as the first Oneida Conservation Board me:nbers:
1.
2.

Larry Barton

Bob Christjohn

3.

Ted Hawk

4.

Harlan King

5.
6.
7.

Jerry Kurowski
Al Manders
Dermis G. PCMless

012345ÿ07589

170 of 320

Resolution No. 2-22-85-B
Page 2
The follwoing persons are hereby appointed as alternates to the first Oneida
Conservation Board rnernbers,a nd may serve in the absence of any of the regular
members.
1. Jim Danforth
2. Bill Sauer
3. Gary Ness
All persons will be installed by public oath at a regular meeting of the
Oneida Business Conmittee by the Chairman or his delegate prior to c01IDEncing
business.
The first Oneida Conservation Board will serve until the first amrual meeting
-when they may be succeeded or re-elected as determined by, and provided for

the Charter and By-laws.

CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Ccmnittee, hereby
certify that the Oneida Business Conmittee is ccraposed of nine (9) members of
whom 7 ~ers, constituting a quorum, were present at a meeting duly
called, noticed, and held on the 22 day of February, 1985; that the
foregoing resolution was duly adopted at such meeting by a vote of 6
members for, 0 members against, and O menbers abstaining: And that
said resolutionnas not been rescinded or ~ded in any way.

~/¾ Lotiya>tata Olihw@=ke
The matters concerning when they bury the body
127.1. Purpose and Policy
127.2. Adoption, Amendment, Repeal
127.3. Definitions
127.4. Administration and Authority
127.5. Eligibility and Ownership

127.6. Interment and Plots
127.7. Disinterment
127.8. Prohibited Items and Behavior on Cemetery Grounds
127.9. Complaint Process

127.1. Purpose and Policy
127.1-1. Purpose. The purpose of this law is to establish administrative authority for Oneida
Nation cemeteries on the Oneida Reservation, establish cemetery maintenance responsibility,
govern the sale, transfer and recordkeeping of plots, establish who is eligible for interment,
establish a process for disinterment, and delegate authority pursuant to Oneida laws.
127.1-2. Policy. It is the policy of the Nation that all enrolled Oneida Nation members, their
families and descendants may be interred in an Oneida Nation cemetery.
127.2. Adoption, Amendment, Repeal
127.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-19-89-E
and amended by resolutions BC-6-29-05-A, BC-1-14-09-E, BC-07-23-14-B and BC-07-26-17K.
127.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
127.2-3. 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.
127.2-4. 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.
127.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
127.3. Definitions
127.3-1. 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) “Decedent” means a person who has died.
(b) “Descendant” means a person who is not enrolled in the Nation, but is a blood
relative in the direct line of descent of an Oneida Nation member.
(c) “Disinterment” means to exhume interred human remains or cremated human
remains.
(d) “Disinterment permit” means the form established by Land Management to authorize
removal of a human corpse from a grave or tomb.
(e) “Family” means husband, wife, mother, father, son, daughter, brother, sister,
grandparent, grandchild, aunt, uncle, niece, nephew, mother-in-law, father-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law, step-parent and step-children
as established through a certified copy of the original marriage license, foster children,
adopted children, kinship and fictive kinship relationships and/or a person who accepts
legal responsibility for the decedent.
1 O.C. 127 – Page 1

182 of 320

(f) “Interment” means to bury remains.
(g) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council to administer the judicial authorities and responsibilities of the Oneida Nation.
(h) “Nation” means the Oneida Nation.
(i) “Reinterment” means to rebury remains.
(j) “Remains” means the body of a deceased person, regardless of its state, and includes
cremated remains. “Remains” is synonymous and may be used interchangeably with
“decedent” and “corpse”.
(k) “Reservation” means all the lands and waters 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.
(l) “Rule” means a set of requirements, including citation fees and penalty schedules, in
accordance with the Administrative Rulemaking law based on authority delegated in this
law in order to implement, interpret and/or enforce this law.
127.4. Administration and Authority
127.4-1. The land designation, administrative duties and maintenance responsibilities for the
Oneida Sacred Burial Grounds, also known as Tsi> Tyeya>Tat’alih and any other cemetery
owned by the Nation shall be as provided within this section.
127.4-2. Land Designation Responsibilities. The Oneida Land Commission shall designate
parcel(s) of land to be used for one (1) or more Oneida Nation cemeteries.
127.4-3. Administrative Responsibilities. Land Management shall be responsible for the
administrative duties for all Oneida Nation cemeteries. These duties include:
(a) Issuance of disinterment permits, where appropriate. An approved disinterment
permit constitutes authorization to transport the remains and reinter the disinterred
remains at an approved location within the boundaries of the Oneida Reservation. If the
remains are being transported outside the boundaries of the Oneida Reservation and/or
reinterment is occurring at a location outside the boundaries of the Oneida Reservation,
other laws may apply and the parties involved are responsible for compliance. Permits
shall include:
(1) Information that is necessary to identify the decedent;
(2) The date and place of death;
(3) The current place of interment;
(4) The intended place of interment, the name of the person requesting the
disinterment; and
(5) The name of the person in charge of the disinterment.
(b) Maintaining vital statistics of decedents interred, disinterred, and/or reinterred in an
Oneida Nation cemetery including data derived from certificates death, fetal death reports
or related reports, a report for final disposition, authorization for disinterment or
reinterment or related judicial order or any other data as determined by Land
Management.
(c) Creating long-term strategic plans for Oneida Nation cemeteries and reporting such
information as may be required by the Oneida Business Committee or General Tribal
Council.
(d) Causing portions of land designed to be used for an Oneida Nation cemetery to be
surveyed and mapped into plots, drives and walks.
(e) Maintain records concerning all plots.
1 O.C. 127 – Page 2

183 of 320

(f) Requesting additional portions of land to be designated for use as an Oneida Nation
cemetery, if needed.
(g) Selling and transferring plots and restricting the use of plots.
(h) Administering accounting activities related to the sale or transfer of a plot.
(i) Determining how to utilize gifts to an Oneida Nation cemetery.
(j) Establishing rules, entering into agreements with person(s) or entities, where needed,
in order to carry out their responsibilities under this law.
127.4-4. Maintenance Responsibilities. Land Management shall be responsible for cemetery
maintenance duties including:
(a) Maintaining Oneida Nation cemetery grounds.
(b) Ensuring the appearance of an Oneida Nation cemetery is kept in accordance with any
established rules.
(c) Entering into agreements and communication with person(s) or entities, where
needed, in order to meet the maintenance responsibilities.
(d) Oversight of any position created to care for the cemetery.
127.4-5. Public Health Emergency and Communicable Diseases. The Community Public
Health Officer shall, in a state of emergency related to public health as duly proclaimed, issue
and enforce orders that are reasonable and necessary to provide for the safe disposal of remains
in an Oneida Nation cemetery. This includes the power to take possession or control of any
remains and make orders specific to embalming, interment, cremation, disinterment,
transportation, or other disposal. Additionally, the Community Public Health Officer may:
(a) Determine condition

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A91d4a306ba15cf78. Public record. Not legal advice.