Oneida Business Committee (2023)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

March 15, 2023

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. March 1, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Life Insurance Plan Law (pg. 4)

2. Petition: L. Dallas – Alcohol and Drug Addiction Assistance (pg. 25)

3. Petition: L. Dallas – FY23 Budget (pg. 28)

4. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day to Day Business (pg. 30)

5. Petition: L. Zeise – Uncap All Employee Wages (pg. 33)

IV.

New Submissions

1. Finance Committee Bylaws Amendments (pg. 36)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

March 1, 2023

9:00 a.m.

Present: Marie Cornelius, Daniel Guzman King, Kirby Metoxen, Jennifer Webster

Excused: David P. Jordan

Others Present: Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Brooke Doxtator, Tina

Jorgenson (Microsoft Teams), Todd VandenHeuvel (Microsoft Teams), Justin Nishimoto

(Microsoft Teams), Mark Powless (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams),

Peggy Van Gheem (Microsoft Teams), Brenda Skenandore (Microsoft Teams), Debra Powless

(Microsoft Teams), Eric Boulanger (Microsoft Teams), Mary Graves (Microsoft Teams), Michelle

Tipple (Microsoft Teams), Rae Skenandore (Microsoft Teams), Shannon Davis (Microsoft Teams),

Joy Salzwedel (Microsoft Teams), Matt Denny (Microsoft Teams), Michelle Braaten (Microsoft

Teams), Derrick King (Microsoft Teams), Dennis Johnson (Microsoft Teams),

I.

Call to Order and Approval of the Agenda

Kirby Metoxen called the March 1, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Cornelius to adopt the agenda; seconded by Jennifer Webster. Motion

carried unanimously.

II.

Minutes to be Approved

1. February 15, 2023 LOC Meeting Minutes

Motion by Marie Cornelius to approve the February 15, 2023, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

1. Emergency Management Law Amendments

Motion by Jennifer Webster to approve the adoption packet for the Emergency

Management law amendments and forward to the Oneida Business Committee for

consideration; seconded by Marie Cornelius. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of March 1, 2023

Page 1 of 2

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2. Election Law Emergency Amendments

Motion by Jennifer Webster to approve the Election law emergency amendments adoption

packet and forward to the Oneida Business Committee for consideration; seconded by

Marie Cornelius. Motion carried unanimously.

3. Oneida Personnel Policies and Procedures Amendments

Motion by Marie Cornelius to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Jennifer

Webster. Motion carried unanimously.

IV.

New Submissions

1. Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance

Motion by Jennifer Webster to add the Petition: L. Dallas – Alcohol and Drug Addiction

Treatment Assistance to the Active Files List with Daniel Guzman King as the sponsor;

seconded by Marie Cornelius. Motion carried unanimously.

2. Petition: L. Dallas – FY 2023 Budget

Motion by Jennifer Webster to add the Petition: L. Dallas – FY 2023 Budget to the Active

Files List with Marie Cornelius as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

3. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business

Motion by Jennifer Webster to add the Petition: L. Dallas – GTC Directive for OBC to

Stay Out of Day-to-Day Business to the Active Files List with Jennifer Webster as the

sponsor; seconded by Marie Cornelius. Motion carried unanimously.

4. Petition: L. Zeise – Uncap All Employee Wages

Motion by Jennifer Webster to add the Petition: L. Zeise – Uncap All Employee Wages to

the Active Files List with Marie Cornelius as the sponsor; seconded by Daniel Guzman

King. Motion carried unanimously.

V.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marie Cornelius to adjourn at 9:27 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of March 1, 2023

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

March 15, 2023

Oneida Life Insurance Plan Law

Submission Date: 9/7/22

LOC Sponsor: Kirby Metoxen

Public Meeting: N/A

Emergency Enacted: 9/28/22

Summary: This item was added to the Active Files List on September 7, 2022, per the request of Carl

Artman, attorney in the Oneida Law Office that represents the Oneida Trust Enrollment Committee. Epic

currently manages the Nation’s OLIPP program. The Epic contract ends on 09/30/22 and it is ending this

service offering after this year. The Oneida Trust and Enrollment Committee concludes it will save

$250,000 annually by managing OLIPP itself. The proposed law would make OLIPP an approved

program under the Oneida General Welfare law that is administered by the Oneida Trust Enrollment

Department. The Oneida Business Committee adopted the OLIPP law on an emergency basis on

September 28, 2022, through the adoption of resolution BC-09-28-22-C. The emergency amendments to

the OLIPP law will expire on March 28, 2023.

8/25/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Carl Artman, Carolyn Salutz, Grace Elliot, Kristal Hill. This work

meeting was held through Microsoft Teams. The purpose of this work meeting was to discuss

the proposed OLIPP law, and its potential emergency adoption.

9/7/22 LOC:

Motion by Marie Summers to add the Oneida Life Insurance Plan Plus law to the Active Files

List for emergency adoption with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen.

Motion carried unanimously.

9/21/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Kirby Metoxen,

Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Carolyn Salutz, Grace Elliot,

Rhiannon Metoxen. This work meeting was held through Microsoft Teams. The purpose of

this work meeting was to discuss the updated OLIPP law.

9/21/22:

E-Poll Conducted. This e-poll was titled, “Emergency Adoption of the Oneida Life Insurance

Plan Law.” The requested action of this e-poll was to approve the Oneida Life Insurance Plan

law emergency adoption packet and forward to the Oneida Business Committee for

consideration. This e-poll was approved by Jennifer Webster, Daniel Guzman King, David P.

Jordan, Kirby Metoxen, and Marie Cornelius.

9/27/22:

Work Meeting. Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman

King, Clorissa N. Santiago, Carl Artman, Kristal Hill, Ralinda Ninham-Lamberies. This work

meeting was held through Microsoft Teams. The purpose of this work meeting was to discuss

Finance’s concerns with the proposed OLIPP law.

9/28/22 OBC: Motion by Kirby Metoxen to adopt resolution entitled 09-28-22-C Emergency Adoption of

the Oneida Life Insurance Plan Law, seconded by Marie Cornelius. Motion carried.

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10/5/22 LOC: Motion by Daniel Guzman King to enter into the record the results of the September 21, 2022,

e-poll entitled, Emergency Adoption of the Oneida Life Insurance Plan Law; seconded by

Jennifer Webster. Motion carried unanimously.

3/6/23:

Work Meeting. Present: Jennifer Webster, Marie Cornelius, Daniel Guzman King, Clorissa N.

Leeman, Carl Artman, Kristal Hill, Ralinda Ninham-Lamberies, Keith Doxtator, John

Danforth. This work meeting was held through Microsoft Teams. The purpose of this work

meeting was to discuss the implementation of the OLIPP law during the first six months,

review concerns and input discussed at the September 28, 2022, OBC meeting, and discuss

and determine if there are any revisions needed to the Law prior to the permanent adoption of

this Law.

Next Steps:

 Approve the emergency extension of the Oneida Life Insurance Plan law packet and forward

to the Oneida Business Committee for consideration.

 Approve the draft of the Oneida Life Insurance Plan law and direct that a legislative analysis

be completed.

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

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ONEIDA

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

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Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

David P. Jordan, LOC Chairperson

March 22, 2023

Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law

Please find the following attached backup documentation for your consideration of the extension

of the emergency adoption of the Oneida Life Insurance Plan law:

1. Resolution: Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law

2. Statement of Effect: Extension of the Emergency Adoption of the Oneida Life Insurance

Plan Law

3. Oneida Life Insurance Plan Law

Overview

The Oneida Life Insurance Plan law (the “Law”) was adopted by the Oneida Business Committee

on an emergency basis on September 28, 2022, through the adoption of resolution BC-09-28-22C. This Law establishes the Oneida Life Insurance Plan as an approved program of the Nation to

provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida

Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law:

 Establishes the Oneida Life Insurance Plan as an approved program of the Nation in

accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1];

 Provides how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2];

 Provides that all members of the Nation shall qualify for benefits from the Oneida Life

Insurance Plan to be used for funeral expenses first, with any residual benefits distributed

to a designated beneficiary. [10 O.C. 1004.5-1];

 Requires that a member of the Nation complete the Oneida Trust Enrollment Committee

approved beneficiary designation form and submit it to the Oneida Trust Enrollment

Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their

death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.

[10 O.C. 1004.5-2];

 Provides that funeral expenses shall be paid directly to the funeral home upon submission

of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a

designated beneficiary has not been designated – but the Oneida Life Insurance Plan

residual benefits shall not be paid or claimed if the decedent did not designate a living

beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)];

 Allows for a one hundred eighty (180) day grace period after the effective date of this law,

where section 1004.5-2 shall not be enforced to permit members of the Nation to complete

and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)];

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Requires that the Oneida Trust Enrollment Department be notified within one (1) year of

the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan

benefits to the beneficiary. [10 O.C. 1004.5-3];

Provides that the Trust Enrollment Department is the department that has the

responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.54];

Provides rules related to the determination of death and status. [10 O.C. 1004.6-1];

Prohibits a designated beneficiary who criminally and intentionally causes the death of the

decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2];

Provides how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.63];

Provide that the Oneida Life Insurance Plan shall be contingent on funding through the

Nation’s annual budget. [10 O.C. 1004.7-1].

The emergency adoption of this Law will expire on March 28, 2023. The Legislative Operating

Committee is now seeking an extension of the emergency adoption of this Law.

The Oneida Business Committee is delegated the authority to temporarily enact emergency

legislation when legislation is necessary for the immediate preservation of the public health, safety,

or general welfare of the Reservation population, and the adoption of the legislation is required

sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal

impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)].

The emergency adoption of this Law was necessary, and continues to be necessary, for the

preservation of the general welfare of the Reservation population. The emergency adoption of this

Law ensured that the Oneida Trust Enrollment Department can commence the in-house

management and oversight of the Oneida Life Insurance Plan immediately after the Epic contract

terminated on September 30, 2022, in order to provide a smooth transition and uninterrupted

service to the members of the Nation participating in the Oneida Life Insurance Plan and the

beneficiaries that will emerge in the next fiscal year and beyond.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of this Law was, and continues to be, contrary to public interest. The Epic contract for

the management of OLIPP terminated on September 30, 2022, and the process and requirements

of the Legislative Procedures Act could not be completed in time to ensure that the Law can be

adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida

Trust Enrollment Department prior to the termination date.

The Legislative Procedures Act allows the Oneida Business Committee to extend emergency

amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of

the emergency amendments to the Law is being requested to provide additional time for the

Legislative Operating Committee to finalize the development of the Law to be presented to the

Oneida Business Committee for permanent adoption.

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The extension of the emergency amendments to the Law will become effective on March 28, 2023,

when the Law as adopted through BC-09-28-22-C expires and will remain in effect for an

additional six (6) month term which will end on September 28, 2023.

Requested Action

Approve the Resolution: Extension of the Emergency Adoption of the Oneida Life Insurance Plan

Law

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

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ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law

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WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Life Insurance Plan law (“the Law”) was adopted by the Oneida Business

Committee on an emergency basis on September 28, 2022, through the adoption of

resolution BC-09-28-22-C; and

WHEREAS,

the Law establishes the Oneida Life Insurance Plan (OLIPP) as an approved program of

the Nation to govern how the Nation provides fifteen thousand dollars ($15,000) of financial

assistance to eligible members of the Nation to pay for funeral expenses, with any residual

benefit amounts paid thereafter to the designated beneficiary; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis when legislation is necessary for the immediate

preservation of the public health, safety, or general welfare of the Reservation population,

and the adoption of the legislation is required sooner than would be possible under the

Legislative Procedures Act; and

WHEREAS,

the emergency adoption of this Law was, and continues to be, necessary for the

preservation of the general welfare of the Reservation population, as the Law shall ensures

that the Oneida Trust Enrollment Department can continue the in-house management and

oversight of the Oneida Life Insurance Plan now that the Epic contract terminated on

September 30, 2022, in order to provide a smooth transition and uninterrupted service to

the members of the Nation participating in the Oneida Life Insurance Plan and the

beneficiaries that will emerge in the next fiscal year and beyond; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of this

Law was, and continues to be, contrary to public interest since the Epic contract for the

management of OLIPP terminated on September 30, 2022, and the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that

the Law can be adopted to address the management and oversight of the Oneida Life

Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date.;

and

WHEREAS,

emergency adoption of legislation is effective for a period of six (6) months, renewable by

the Oneida Business Committee for an additional six (6) month term; and

WHEREAS,

the emergency adoption of this Law will expire on March 28, 2023; and

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BC Resolution _____________

Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law

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WHEREAS,

a six (6) month extension of the emergency adoption of this Law is being requested to allow

for the Law to remain in effect while the Legislative Operating Committee finalizes the

development of the Law to be presented to the Oneida Business Committee for permanent

adoption; and

NOW THEREFORE BE IT RESOLVED, that the emergency adoption of the Oneida Life Insurance Plan

law is hereby extended for an additional six (6) month period effective March 28, 2023, and shall expire on

September 28, 2023.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

Statement of Effect

Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law

Summary

This resolution extends the emergency adoption of the Oneida Life Insurance Plan law for an

additional six (6) month period.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: March 10, 2023

Analysis by the Legislative Reference Office

This resolution extends the emergency adoption of the Oneida Life Insurance Plan law (“the Law”)

for an additional six (6) month period. On September 28, 2022, the Oneida Business Committee

adopted the Law on an emergency basis, through the adoption of resolution BC-09-28-22-C, for

the purpose of establishing the Oneida Life Insurance Plan (OLIP) which provides a death benefit

of fifteen thousand dollars ($15,000) to all eligible enrolled Oneida Nation members, pursuant to

the Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law:

 Establishes the Oneida Life Insurance Plan as an approved program of the Nation in

accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1];

 Provides how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2];

 Provides that all members of the Nation shall qualify for benefits from the Oneida Life

Insurance Plan to be used for funeral expenses first, with any residual benefits distributed

to a designated beneficiary. [10 O.C. 1004.5-1];

 Requires that a member of the Nation complete the Oneida Trust Enrollment Committee

approved beneficiary designation form and submit it to the Oneida Trust Enrollment

Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their

death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.

[10 O.C. 1004.5-2];

 Provides that funeral expenses shall be paid directly to the funeral home upon submission

of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a

designated beneficiary has not been designated – but the Oneida Life Insurance Plan

residual benefits shall not be paid or claimed if the decedent did not designate a living

beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)];

 Allows for a one hundred eighty (180) day grace period after the effective date of this law,

where section 1004.5-2 shall not be enforced to permit members of the Nation to complete

and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)];

 Requires that the Oneida Trust Enrollment Department be notified within one (1) year of

the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan

benefits to the beneficiary. [10 O.C. 1004.5-3];

 Provides that the Trust Enrollment Department is the department that has the

responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.54];

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Provides rules related to the determination of death and status. [10 O.C. 1004.6-1];

Prohibits a designated beneficiary who criminally and intentionally causes the death of the

decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2];

Provides how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.63];

Provides that the Oneida Life Insurance Plan shall be contingent on funding through the

Nation’s annual budget. [10 O.C. 1004.7-1].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is

necessary for the immediate preservation of the public health, safety, or general welfare of the

reservation population and when enactment or amendment of legislation is required sooner than

would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement

are not required for emergency legislation. [1 O.C. 109.8-1(b),109.9-5(a)]. Emergency legislation

takes effect immediately upon adoption by the Oneida Business Committee and remains effective

for a six (6) month period of time. [1 O.C. 109.9-5(b)]. The LPA provides the possibility to extend

emergency legislation for an additional six (6) months, or until the emergency amendments expire

or are permanently adopted. [1 O.C. 109.9-5(b)].

The resolution provides that the emergency adoption of this Law was, and continues to be,

necessary for the preservation of the general welfare of the Reservation population. The emergency

adoption of this Law ensures that the Oneida Trust Enrollment Department can continue the inhouse management and oversight of the Oneida Life Insurance Plan since the Epic contract

terminated on September 30, 2022, in order to provide a smooth transition and uninterrupted

service to the members of the Nation participating in the Oneida Life Insurance Plan and the

beneficiaries that will emerge in the next fiscal year and beyond.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of this Law was, and continues to be, contrary to public interest. The Epic contract for

the management of OLIPP terminated on September 30, 2022, and the process and requirements

of the Legislative Procedures Act could not be completed in time to ensure that the Law can be

adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida

Trust Enrollment Department prior to the termination date.

The extension of the emergency adoption of the Law will become effective on March 28, 2023,

when the emergency adoption of this Law as adopted through BC-09-28-22-C expires and will

remain in effect for an additional six (6) month term which will end on September 28, 2023.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Adopted on an Emergency Basis through BC-09-28-22-C

OBC Consideration of Emergency Extension

Title 10. General Welfare Exclusion - Chapter 1004

ONEIDA LIFE INSURANCE PLAN

1004.1. Purpose and Policy

1004.2. Adoption, Amendment, Repeal

1004.3. Definitions

1004.4. Establishment

1004.5. Qualifications, Designation of Beneficiary, and Notice

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1004.6. Beneficiary Claim Process and Distribution

1004.7. Funding

1004.1. Purpose and Policy

1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life

Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida

General Welfare law.

(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the

concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The

General Tribal Council directed implementation of a benefit that pays fifteen thousand

dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida

Nation member. The payment of death benefits through OLIPP to designated beneficiaries

of a deceased Oneida Nation member is an exercise of self-governance crucial to the

Oneida Nation’s sovereignty, and health and welfare of the community.

1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even

after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure

equitable and expedient distribution to designated beneficiaries.

1004.2. Adoption, Amendment, Repeal

1004.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-09-28-22-C.

1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1004.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1004.3. Definitions

1004.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral

expenses of an enrolled member of the Nation, with any residual amounts paid thereafter

to the designated beneficiary.

(c) “Decedent” means the deceased person.

(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of

the Nation, through the approved beneficiary designation form, to receive all or a portion

of the decedent’s Oneida Life Insurance Plan benefit.

10 O.C. 1004 – Page 1

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(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced

by the funeral home including, but not limited to, the following:

(1) funeral planning;

(2) securing the necessary permits and copies of death certificates;

(3) preparing the notices;

(4) sheltering the remains;

(5) coordinating the arrangements with the cemetery, crematory or other third

parties;

(6) transporting the remains;

(7) embalming and other preparation;

(8) use of the funeral home for the viewing, ceremony or memorial service;

(9) use of equipment and staff for a graveside service;

(10) use of a hearse or limousine;

(11) a casket, outer burial container or alternate container; and

(12) cremation or interment.

(f) “Nation” means the Oneida Nation.

1004.4. Establishment

1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance

to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts

paid thereafter to the designated beneficiary.

1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare

Exclusion Act of 2014, 26 U.S.C. §139E(b).

(a) The assistance provided through the Oneida Life Insurance Plan is:

(1) paid on behalf of the Nation;

(2) pursuant to an approved program of the Nation;

(3) does not discriminate in favor of members of the governing body of the Nation;

(4) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(5) provided for the promotion of general welfare;

(6) not lavish or extravagant;

(7) not compensation for services; and

(8) not a per capita payment.

(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses

related to a death as Safe Harbor program for which need is presumed.

1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life

Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a

designated beneficiary.

(a) Newly enrolled members of the Nation shall be covered the date their enrollment

application is approved by Oneida Trust Enrollment Committee and Oneida Business

10 O.C. 1004 – Page 2

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Committee.

(b) Members of the Nation that have relinquished their membership shall not be covered

from the date their relinquishment request is approved by the Oneida Trust Enrollment

Committee and Oneida Business Committee.

1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust

Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust

Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to

their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.

(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the

effective date of this law shall remain valid.

(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent

did not designate a living beneficiary though the beneficiary designation form.

(c) This section shall not be enforced during the initial one hundred and eighty (180) days

after the effective date of this law, thereby creating a one hundred eighty (180) day grace

period to permit members of the Nation to complete and submit designated beneficiary

forms.

(d) A parent or legal guardian may complete and submit a beneficiary designation form

on behalf of their minor child or ward.

(e) Funeral expenses shall be paid directly to the funeral home upon submission of a valid

invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated

beneficiary has not been designated.

1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one

(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan

benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary

of the decedent’s death shall not be processed for distribution.

1004.5-4. Oversight. The Trust Enrollment Department shall be delegated the oversight and

management of the Oneida Life Insurance Plan.

1004.6. Beneficiary Claim Process and Distribution

1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules

relating to determination of death and status are applicable:

(a) A certified or authenticated copy of a death certificate purporting to be issued by an

official or agency of the place where the death purportedly occurred is prima facie proof

of the fact, place, date and time of death, and the identity of the decedent;

(b) A certified or authenticated copy of any record or report of a governmental agency,

domestic or foreign, of a decedent’s death; and

(c) A person who is absent for a continuous period of seven (7) years, during which they

have not been heard from, and whose absence is not satisfactorily explained after diligent

search or inquiry is presumed to be dead. Their death is presumed to have occurred at the

end of the period unless there is sufficient evidence for determining that death occurred

earlier.

1002.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who

criminally and intentionally causes the death of the decedent shall not be entitled to any benefits

passing under this law.

1002.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following

order:

10 O.C. 1004 – Page 3

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(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid

invoice therefrom;

(b) Residual benefits shall be paid to the designated beneficiary;

(c) Residual benefits shall escheat to the Nation if the decedent did not designate a

beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law.

1004.7. Funding

1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding

through the Nation’s annual budget.

End.

Emergency Adopted – BC-09-28-22-C

Emergency Extension – BC-__-__-__-__

10 O.C. 1004 – Page 4

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Title 10. General Welfare Exclusion - Chapter 1004

ONEIDA LIFE INSURANCE PLAN

1004.1. Purpose and Policy

1004.2. Adoption, Amendment, Repeal

1004.3. Definitions

1004.4. Establishment

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1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.6. Beneficiary Claim Process and Distribution

1004.7. Funding

1004.8. Administrative Rulemaking

1004.1. Purpose and Policy

1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life

Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida

General Welfare law.

(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the

concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The

General Tribal Council directed implementation of a benefit that pays fifteen thousand

dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida

Nation member. The payment of death benefits through OLIPP to designated beneficiaries

of a deceased Oneida Nation member is an exercise of self-governance crucial to the

Oneida Nation’s sovereignty, and health and welfare of the community.

1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even

after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure

equitable and expedient distribution to designated beneficiaries.

1004.2. Adoption, Amendment, Repeal

1004.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-09-28-22-C.-__-__-__-__.

1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1004.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1004.3. Definitions

1004.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral

expenses of an enrolled member of the Nation, with any residual amounts paid thereafter

to the designated beneficiary.

(c) “Decedent” means the deceased person.

(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of

the Nation, through the approved beneficiary designation form, to receive all or a portion

10 O.C. 1004 – Page 1

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of the decedent’s Oneida Life Insurance Plan benefit.

(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced

by the funeral home including, but not limited to, the following:

(1) funeral planning;

(2) securing the necessary permits and copies of death certificates;

(3) preparing the notices;

(4) sheltering the remains;

(5) coordinating the arrangements with the cemetery, crematory or other third

parties;

(6) transporting the remains;

(7) embalming and other preparation;

(8) use of the funeral home for the viewing, ceremony or memorial service;

(9) use of equipment and staff for a graveside service;

(10) use of a hearse or limousine;

(11) a casket, outer burial container or alternate container; and

(12) cremation or interment.

(f) “Nation” means the Oneida Nation.

1004.4. Establishment

1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance

to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts

paid thereafter to the designated beneficiary.

1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare

Exclusion Act of 2014, 26 U.S.C. §139E(b).

(a) The assistance provided through the Oneida Life Insurance Plan is:

(1) paid on behalf of the Nation;

(2) pursuant to an approved program of the Nation;

(3) does not discriminate in favor of members of the governing body of the Nation;

(4) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(5) provided for the promotion of general welfare;

(6) not lavish or extravagant;

(7) not compensation for services; and

(8) not a per capita payment.

(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses

related to a death as Safe Harbor program for which need is presumed.

1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life

Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a

designated beneficiary.

10 O.C. 1004 – Page 2

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(a) Newly enrolled members of the Nation shall be covered the date their enrollment

application is approved by Oneida Trust Enrollment Committee and Oneida Business

Committee.

(b) Members of the Nation that have relinquished their membership shall not be covered

from the date their relinquishment request is approved by the Oneida Trust Enrollment

Committee and Oneida Business Committee.

1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust

Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust

Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to

their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.

(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the

effective date of this law shall remain valid.

(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent

did not designate a living beneficiary though the beneficiary designation form.

(c) This section shall not be enforced during the initial one hundred and eighty (180) days

after the effective date of this law, thereby creating a one hundred eighty (180) day grace

period to permit members of the Nation to complete and submit designated beneficiary

forms.

(d) A parent or legal guardian may complete and submit a beneficiary designation form

on behalf of their minor child or ward.

(e) Funeral expenses shall be paid directly to the funeral home upon submission of a valid

invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated

beneficiary has not been designated.

1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one

(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan

benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary

of the decedent’s death shall not be processed for distribution.

1004.5-4. Oversight. The Trust Enrollment Department shall be delegated the oversight and

management of the Oneida Life Insurance Plan.

1004.6. Beneficiary Claim Process and Distribution

1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules

relating to determination of death and status are applicable:

(a) A certified or authenticated copy of a death certificate purporting to be issued by an

official or agency of the place where the death purportedly occurred is prima facie proof

of the fact, place, date and time of death, and the identity of the decedent;

(b) A certified or authenticated copy of any record or report of a governmental agency,

domestic or foreign, of a decedent’s death; and

(c) A person who is absent for a continuous period of seven (7) years, during which they

have not been heard from, and whose absence is not satisfactorily explained after diligent

search or inquiry is presumed to be dead. Their death is presumed to have occurred at the

end of the period unless there is sufficient evidence for determining that death occurred

earlier.

10 O.C. 1004 – Page 3

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1002.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who

criminally and intentionally causes the death of the decedent shall not be entitled to any benefits

passing under this law.

1002.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following

order:

(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid

invoice therefrom;

(1) Any expenses beyond the funeral expenses shall be the responsibility of the

beneficiary, family of the decedent, or any other responsible parties.

(b) Residual benefits shall be paid to the designated beneficiary;

(c) Residual benefits shall escheat to the Nation if the decedent did not designate a

beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law.

1004.7. Funding

1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding

through the Nation’s annual budget.

1004.8. Administrative Rulemaking

1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment

Department shall be delegated administrative rulemaking authority in accordance with the

Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida

Life Insurance Plan.

End.

Emergency Adopted – BC-09-28-22-C

Emergency Extension – BC-__-__-__-__

Adopted – BC-__-__-__-__

10 O.C. 1004 – Page 4

HANDOUT

21 of 45

Draft 1

2023 03 15

Title 10. General Welfare Exclusion - Chapter 1004

ONEIDA LIFE INSURANCE PLAN

1004.1. Purpose and Policy

1004.2. Adoption, Amendment, Repeal

1004.3. Definitions

1004.4. Establishment

1

2

3

4

5

6

7

8

9

10

11

12

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1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.6. Beneficiary Claim Process and Distribution

1004.7. Funding

1004.8. Administrative Rulemaking

1004.1. Purpose and Policy

1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life

Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida

General Welfare law.

(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the

concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The

General Tribal Council directed implementation of a benefit that pays fifteen thousand

dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida

Nation member. The payment of death benefits through OLIPP to designated beneficiaries

of a deceased Oneida Nation member is an exercise of self-governance crucial to the

Oneida Nation’s sovereignty, and health and welfare of the community.

1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even

after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure

equitable and expedient distribution to designated beneficiaries.

1004.2. Adoption, Amendment, Repeal

1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1004.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1004.3. Definitions

1004.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral

expenses of an enrolled member of the Nation, with any residual amounts paid thereafter

to the designated beneficiary.

(c) “Decedent” means the deceased person.

(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of

the Nation, through the approved beneficiary designation form, to receive all or a portion

10 O.C. 1004 – Page 1

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of the decedent’s Oneida Life Insurance Plan benefit.

(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced

by the funeral home including, but not limited to, the following:

(1) funeral planning;

(2) securing the necessary permits and copies of death certificates;

(3) preparing the notices;

(4) sheltering the remains;

(5) coordinating the arrangements with the cemetery, crematory or other third

parties;

(6) transporting the remains;

(7) embalming and other preparation;

(8) use of the funeral home for the viewing, ceremony or memorial service;

(9) use of equipment and staff for a graveside service;

(10) use of a hearse or limousine;

(11) a casket, outer burial container or alternate container; and

(12) cremation or interment.

(f) “Nation” means the Oneida Nation.

1004.4. Establishment

1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance

to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts

paid thereafter to the designated beneficiary.

1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare

Exclusion Act of 2014, 26 U.S.C. §139E(b).

(a) The assistance provided through the Oneida Life Insurance Plan is:

(1) paid on behalf of the Nation;

(2) pursuant to an approved program of the Nation;

(3) does not discriminate in favor of members of the governing body of the Nation;

(4) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(5) provided for the promotion of general welfare;

(6) not lavish or extravagant;

(7) not compensation for services; and

(8) not a per capita payment.

(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses

related to a death as Safe Harbor program for which need is presumed.

1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life

Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a

designated beneficiary.

10 O.C. 1004 – Page 2

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(a) Newly enrolled members of the Nation shall be covered the date their enrollment

application is approved by Oneida Trust Enrollment Committee and Oneida Business

Committee.

(b) Members of the Nation that have relinquished their membership shall not be covered

from the date their relinquishment request is approved by the Oneida Trust Enrollment

Committee and Oneida Business Committee.

1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust

Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust

Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to

their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.

(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the

effective date of this law shall remain valid.

(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent

did not designate a living beneficiary though the beneficiary designation form.

(c) This section shall not be enforced during the initial one hundred and eighty (180) days

after the effective date of this law, thereby creating a one hundred eighty (180) day grace

period to permit members of the Nation to complete and submit designated beneficiary

forms.

(d) A parent or legal guardian may complete and submit a beneficiary designation form

on behalf of their minor child or ward.

(e) Funeral expenses shall be paid directly to the funeral home upon submission of a valid

invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated

beneficiary has not been designated.

1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one

(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan

benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary

of the decedent’s death shall not be processed for distribution.

1004.5-4. Oversight. The Trust Enrollment Department shall be delegated the oversight and

management of the Oneida Life Insurance Plan.

1004.6. Beneficiary Claim Process and Distribution

1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules

relating to determination of death and status are applicable:

(a) A certified or authenticated copy of a death certificate purporting to be issued by an

official or agency of the place where the death purportedly occurred is prima facie proof

of the fact, place, date and time of death, and the identity of the decedent;

(b) A certified or authenticated copy of any record or report of a governmental agency,

domestic or foreign, of a decedent’s death; and

(c) A person who is absent for a continuous period of seven (7) years, during which they

have not been heard from, and whose absence is not satisfactorily explained after diligent

search or inquiry is presumed to be dead. Their death is presumed to have occurred at the

end of the period unless there is sufficient evidence for determining that death occurred

earlier.

10 O.C. 1004 – Page 3

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Draft 1

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1002.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who

criminally and intentionally causes the death of the decedent shall not be entitled to any benefits

passing under this law.

1002.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following

order:

(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid

invoice therefrom;

(1) Any expenses beyond the funeral expenses shall be the responsibility of the

beneficiary, family of the decedent, or any other responsible parties.

(b) Residual benefits shall be paid to the designated beneficiary;

(c) Residual benefits shall escheat to the Nation if the decedent did not designate a

beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law.

1004.7. Funding

1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding

through the Nation’s annual budget.

1004.8. Administrative Rulemaking

1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment

Department shall be delegated administrative rulemaking authority in accordance with the

Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida

Life Insurance Plan.

End.

Emergency Adopted – BC-09-28-22-C

Emergency Extension – BC-__-__-__-__

Adopted – BC-__-__-__-__

10 O.C. 1004 – Page 4

25 of 45

Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

March 15, 2023

Petition: L. Dallas – Alcohol and Drug

Addiction Treatment Assistance

Submission Date: 3/1/23

LOC Sponsor: Daniel Guzman King

Summary: This petition calls for a special General Tribal Council (GTC) meeting to be

called to consider the following:

 Review, discuss, and take any action deemed appropriate by the General Tribal

Council during the GTC Meeting regarding one or more of the following that are

primarily Oneida culturally based, but recognizes, embraces, encompasses, respects,

incorporates, and offers services to patients and families of all faiths, beliefs, and

religions:

 A medically supervised alcohol an drug detox center; and/or

 Residential Treatment Center; and/or

 Rehabilitation Center; and/or

 Intensive Outpatient Program; and/or

 Alternative Solutions (i.e. partnering, collaborations, inter-tribal business,

etc.) with viability, costs, timeframes, etc.

 Direct the Oneida Business Committee to present relevant budgetary information

regarding the costs associated with the current needs and future needs, facility size

recommendation, construction costs, location, licensing, accreditation legal

consultation(s), staffing, programming, programming materials, etc.

 Discuss matters as an Economic Diversification Opportunity for the Oneida Nation.

 GTC reserves the right to review, discuss, and take any other action deemed

appropriate by the General Tribal Council during the GTC Meeting regarding the

above matters.

2/22/23 OBC: Motion by Lisa Liggins to approve acknowledge receipt of the petition from Linda Dallas

regarding Alcohol and Drug Addiction Treatment Assistance, seconded by Jennifer Webster.

Motion carried.

Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to

complete and submit their administrative impact statements of the petition to the Tribal

Secretary mailbox by Wednesday, March 15, 2023, seconded by Lisa Liggins. Motion carried.

Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference Offices to

complete, respectively, the legal review, fiscal impact statement, and statement of effect with

status updates to be submitted for the March 22, 2023, regular Business Committee meeting

Page 1 of 2

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

26 of 45

agenda and the first BC meeting of the month thereafter or until the final documents are

submitted, seconded by Jennifer Webster. Motion carried.

3/1/23 LOC:

Motion by Jennifer Webster to add the Petition: L. Dallas – Alcohol and Drug Addiction

Treatment Assistance to the Active Files List with Daniel Guzman King as the sponsor;

seconded by Marie Cornelius. Motion carried unanimously.

Next Steps:

 Accept the statement of effect for Petition: L. Dallas – Alcohol and Drug Addiction

Treatment Assistance and forward to the Oneida Business Committee.

Page 2 of 2

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

~

ONEIDA

27 of 45

Oneida Nation

Legislative Operating Committee

Legislative Reference Office

HANDOUT

TO:

FROM:

DATE:

RE:

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

"'

=DODDOO

ONEIDA

Oneida Business Committee

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

March 22, 2023

Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance

On February 15, 2023, the Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance

(“the Petition”) was submitted to the Business Committee Support Office by Linda Dallas and has

since been verified by the Oneida Trust Enrollment Department on February 16, 2023. On

February 22, 2023, the Oneida Business Committee acknowledged receipt of the Petition and

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

status updates to be submitted for the March 22, 2023, regular Business Committee meeting

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

documents are submitted. On March 1, 2023, the Legislative Operating Committee added the

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

The Legislative Reference Office currently is working on the development of the statement of

effect for this Petition. It is the intention of the Legislative Reference Office that the statement of

effect for the Petition be submitted for inclusion on the April 12, 2023, Oneida Business

Committee meeting agenda.

Requested Action

Accept the status update regarding the statement of effect for the Petition: L. Dallas – Alcohol and

Drug Addiction Treatment Assistance.

Page 1 of 1

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

28 of 45

Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

March 15, 2023

Petition: L. Dallas – FY 2023 Budget

Submission Date: 3/1/23

LOC Sponsor: Marie Cornelius

Summary: This petition calls for a special General Tribal Council (GTC) meeting to be

called to consider the following:

 Direct that the budget for FY 2023 shall be brought before the General Tribal Council

in its entirety for presentation, review, discussion and action by the General Tribal

Council PRIOR TO any funds be allocated, released or dispersed;

 GTC reserves the right to review, discuss, and take any other action deemed

appropriate by the General Tribal Council during the GTC Meeting regarding the

above matters.

2/22/23 OBC: Motion by Jennifer Webster to approve acknowledge receipt of the petition from Linda Dallas

regarding the FY-2023 budget, seconded by Kirby Metoxen. Motion carried.

Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to

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

TribalSecretary mailbox by Wednesday, March 15, 2023, seconded by Lisa Liggins. Motion

carried.

Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference Offices to

complete, respectively, the legal review, fiscal impact statement, and statement of effect with

status updates to be submitted for the March 22, 2023, regular Business Committee meeting

agenda and the first BC meeting of the month thereafter or until the final documents are

submitted, seconded by Jennifer Webster. Motion carried.

3/1/23 LOC:

Motion by Jennifer Webster to add the Petition: L. Dallas – FY 2023 Budget to the Active

Files List with Marie Cornelius as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

Next Steps:

 Accept the statement of effect for Petition: L. Dallas – FY 2023 Budget and forward to the

Oneida Business Committee.

Page 1 of 1

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

29 of 45

Oneida Nation

Legislative Operating Committee

Legislative Reference Office

HANDOUT

TO:

FROM:

DATE:

RE:

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

~

000000

ONEIDA

Oneida Business Committee

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

March 22, 2023

Petition: L. Dallas – FY 2023 Budget

On February 15, 2023, the Petition: L. Dallas – FY 2023 Budget (“the Petition”) was submitted to

the Business Committee Support Office by Linda Dallas and has since been verified by the Oneida

Trust Enrollment Department on February 16, 2023. On February 22, 2023, the Oneida Business

Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office

complete a statement of effect for the Petition with status updates to be submitted for the March

22, 2023, regular Business Committee meeting agenda and the first Business Committee meeting

of the month thereafter or until the final documents are submitted. On March 1, 2023, the

Legislative Operating Committee added the Petition to the Active Files List to be worked on by

the Legislative Reference Office.

The Legislative Reference Office currently is working on the development of the statement of

effect for this Petition. It is the intention of the Legislative Reference Office that the statement of

effect for the Petition be submitted for inclusion on the April 12, 2023, Oneida Business

Committee meeting agenda.

Requested Action

Accept the status update regarding the statement of effect for the Petition: L. Dallas – FY 2023

Budget

Page 1 of 1

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30 of 45

Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

March 15, 2023

Petition: L. Dallas – GTC Directive

for OBC to Stay Out of

Day-to-Day Business

Submission Date: 3/1/23

LOC Sponsor: Jennifer Webster

Summary: This petition calls for a special General Tribal Council (GTC) meeting to be

called to consider the following:

 Enforcement of the Oneida General Tribal Council directive that the Oneida Business

Committee SHALL NOT be involved in the day-to-day business of the Oneida Nation

of Wisconsin; and

 Direct immediate compliance; and

 GTC reserves the right to review, discuss, and take any other action deemed

appropriate by the General Tribal Council during the GTC Meeting regarding the

above matters.

2/22/23 OBC: Motion by Jennifer Webster to approve acknowledge receipt of the petition from Linda Dallas

regarding the General Tribal Council Directive for the Oneida Business Committee to stay out

of day-to-day business, seconded by Kirby Metoxen. Motion carried.

Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to

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

TribalSecretary mailbox by Wednesday, March 15, 2023, seconded by Kirby Metoxen.

Motion carried.

Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference Offices to

complete, respectively, the legal review, fiscal impact statement, and statement of effect with

status updates to be submitted for the March 22, 2023, regular Business Committee meeting

agenda and the first BC meeting of the month thereafter or until the final documents are

submitted, seconded by Jennifer Webster. Motion carried.

3/1/23 LOC:

Motion by Jennifer Webster to add the Petition: L. Dallas – GTC Directive for OBC to Stay

Out of Day-to-Day Business to the Active Files List with Jennifer Webster as the sponsor;

seconded by Marie Cornelius. Motion carried unanimously.

Page 1 of 2

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

31 of 45

Next Steps:

 Accept the statement of effect for Petition: L. Dallas – GTC Directive for OBC to Stay Out

of Day-to-Day Business and forward to the Oneida Business Committee.

Page 2 of 2

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

~

ONEIDA

32 of 45

Oneida Nation

Legislative Operating Committee

Legislative Reference Office

HANDOUT

TO:

FROM:

DATE:

RE:

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

~

000000

ONEIDA

Oneida Business Committee

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

March 22, 2023

Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business

On February 15, 2023, the Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-toDay Business (“the Petition”) was submitted to the Business Committee Support Office by Linda

Dallas and has since been verified by the Oneida Trust Enrollment Department on February 16,

2023. On February 22, 2023, the Oneida Business Committee acknowledged receipt of the Petition

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

with status updates to be submitted for the March 22, 2023, regular Business Committee meeting

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

documents are submitted. On March 1, 2023, the Legislative Operating Committee added the

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

The Legislative Reference Office currently is working on the development of the statement of

effect for this Petition. It is the intention of the Legislative Reference Office that the statement of

effect for the Petition be submitted for inclusion on the April 12, 2023, Oneida Business

Committee meeting agenda.

Requested Action

Accept the status update regarding the statement of effect for the Petition: L. Dallas – GTC

Directive for OBC to Stay Out of Day-to-Day Business

Page 1 of 1

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

33 of 45

Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

March 15, 2023

Petition: L. Zeise – Uncap All

Employee Wages

Submission Date: 3/1/23

LOC Sponsor: Marie Cornelius

Summary: This petition calls for a special General Tribal Council (GTC) meeting to be

called to consider the following: Direct that all workers wages be uncap throughout the entire

Oneida Nation of Wisconsin Organization Structure.

2/22/23 OBC: Motion by David P. Jordan to approve acknowledge receipt of the petition from Lloyd Zeise

regarding the Uncap All Employee Wages, seconded by Jennifer Webster. Motion carried.

Motion by David P. Jordan to direct the Business Committee Direct Report Offices to

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

TribalSecretary mailbox by Wednesday, March 15, 2023, seconded by Jennifer Webster.

Motion carried.

Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference Offices to

complete, respectively, the legal review, fiscal impact statement, and statement of effect with

status updates to be submitted for the March 22, 2023, regular Business Committee meeting

agenda and the first BC meeting of the month thereafter or until the final documents are

submitted, seconded by Marie Cornelius. Motion carried.

3/1/23 LOC:

Motion by Jennifer Webster to add the Petition: L. Zeise – Uncap All Employee Wages to the

Active Files List with Marie Cornelius as the sponsor; seconded by Daniel Guzman King.

Motion carried unanimously.

Next Steps:

 Accept the statement of effect for Petition: L. Zeise – Uncap All Employee Wages and

forward to the Oneida Business Committee.

Page 1 of 1

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

34 of 45

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

ONEIDA

Statement of Effect

Petition: L. Zeise – Uncap All Employee Wages

Summary

This petition requests the General Tribal Council to consider directing that all worker’s wages be

uncapped throughout the Nation’s organizational structure.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: March 10, 2023

Analysis by the Legislative Reference Office

On February 15, 2023, the Petition: L. Zeise – Uncap All Employee Wages (“the Petition”) was

submitted to the Business Committee Support Office by Lloyd Zeise and has since been verified

by the Oneida Trust Enrollment Department. On February 22, 2023, the Oneida Business

Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office

complete a statement of effect for the Petition with status updates to be submitted for the March

22, 2023, regular Business Committee meeting agenda and the first Business Committee meeting

of the month thereafter or until the final documents are submitted.

The purpose of this Petition is to call a special meeting of the General Tribal Council to consider

the following:

Direct that all workers wages be uncap throughout the entire Oneida Nation of

Wisconsin Organization Structure.

All applicable laws and policies of the Nation were reviewed in developing this statement of effect

for the Petition.

Oneida Personnel Policies and Procedures

The Oneida Personnel Policies and Procedures provides for the Nation’s employee related policies

and procedures including recruitment, selection, compensation and benefits, employee relations,

safety and health, program and enterprise rules and regulations, and record keeping.

In regard to the Nation’s job and salary structure, the Oneida Personnel Policies and Procedures

provides that an ongoing plan will be instituted based on standard employee grades and step levels

to assure that a uniform approach is taken to establish equitable salary and wage levels. [OPPP

Section IV.A.1.a.].

Additionally, the Oneida Personnel Policies and Procedures then references wage grades in the

following instances:

Page 1 of 2

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

35 of 45

Temporary employees will be paid within the grade in which the job is classified and salary

will be negotiated within the first three (3) steps of respective grade. [OPPP Section

II.C.3.e.];

An employee who is transferred to a position lower on the Oneida Nation Position Structure

shall be paid at the grade level corresponding to the new position. [OPPP Section

III.C.1.a.3.b.]; and

Satisfactory evaluations may result in the employee receiving an increase in pay within

their grade level provided that the employee has not attained the highest step within the

grade. [OPPP Section V.B.4.].

The references to employee grades throughout the Oneida Personnel Policies and Procedures

implies the use of salary ranges applied to each grade – which inherently would include salary

minimums and maximums. The request of the Petition to “uncap all employee wages” implies the

elimination of any maximum salary limitations placed on a grade. Uncapping all employee wages

may disrupt the plan instituted based on standard employee grades and step levels to which would

affect any uniform approach taken to establish equitable salary and wage levels.

Conclusion

After a review of all applicable laws and policies of the Nation, it has been determined that the

adoption of the Petition: L. Zeise – Uncap All Employee Wages may conflict with the Oneida

Personnel Policies and Procedures requirement that a plan will be instituted based on standard

employee grades and step levels to assure that a uniform approach is taken to establish equitable

salary and wage levels. [OPPP Section IV.A.1.a.].

Requested Action

Accept the statement of effect for the Petition: L. Zeise – Uncap All Employee Wages.

Page 2 of 2

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

~

ONEIDA

36 of 45

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

=DDOOOO

ONEIDA

AGENDA REQUEST FORM

March 7, 2023

1) Request Date: _____________________________________________________

Keith Doxtator

2) Contact Person(s): ______________________________________

Finance

Dept:____________________________

920-869-4491

kdoxtat1@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Finance Committee By-Laws

3) Agenda Title:___________________________________________________________________

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

To finalize/update Finance Committee By-Laws

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

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

Finance Committee By-Laws

1) ________________________________

3) ________________________________

3/2/23 FC Minutes

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:

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

■ No

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

~A~

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

or

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

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FINANCE COMMITTEE

BY-LAWS

Article I. Authority

1-1.

1-2.

1-3.

1-4.

1-5.

1-6.

(As Amended February 13, 2023)

Name. The name of this body shall be the Finance Committee.

Authority. This committee was created on 7/19/95 by the approval of the Finance Committee ByLaws by the Oneida Business Committee (hereafter known as Business Committee).

Duties. The Finance Committee has the authority to regulate, advise, and administer financial matters

for the Oneida Nation including: recommending financial policies & goals, reviewing and approving

organizational requests (as required in the Purchasing manual), and reviews the financial performance

of the Nation’s investments to ensure it is in alignment with the short and long range financial

strategies for the Oneida Nation in accordance with the Oneida Investment Policy.

Actions. Per the Oneida Nation’s Purchasing manual, when requests are approved by the Finance

Committee and following the approval of the FC Minutes, they can be routed through the system for

online approvals.

Office. The official office of this body shall reside within the exterior boundaries of the Oneida

Reservation and its mailing address shall be:

Oneida Nation

Attn: Finance Committee

P.O. Box 365

Oneida, Wisconsin 54155

Membership.

(a)

The Finance Committee shall consist of these members:

(1)

One (1) Community Member.

(2)

Four (4) Business Committee members.

(3)

Chief Financial Officer, who may choose one (1) alternate with full authority.

(4)

Gaming General Manager, who may choose one (1) alternate with full authority.

(5)

Purchasing Director, who may choose one (1) alternate with full authority.

(6)

General Manager, who may choose one (1) alternate with full authority.

(b)

Terms.

(1)

Community Member. The term of the Community Member expires September 30th

following each General Election.

(2)

Business Committee members. The Business Committee members shall coincide

with the term of the Business Committee.

(3)

Chief Financial Officer, General Manager, Gaming General Manager and Purchasing

Director. The terms of the Chief Financial Officer, General Manager, Gaming

General Manager and Purchasing Director coincides with employment of those

positions.

(c)

Qualifications.

(1)

Community Member. Must be an enrolled member of the Oneida Nation and at least

18 years of age and shall not be a consultant or contractor.

(2)

Business Committee. One (1) of the Business Committee members must be the

Tribal Treasurer.

(3)

A Finance Committee member shall not be a Consultant or Contractor; with the

exception of employment contracts, for the Nation.

(d)

How Chosen.

(1)

Community Member. The Community Member is appointed every three years (3) by

the Business Committee.

(2)

Business Committee Member. The Business Committee members shall be agreed

upon by the Business Committee following each general election. The three (3) BC

1

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Councilmembers may identify an alternate from the remaining Business Committee

who will have full authority to take their place at any meeting.

(e)

Vacancies.

(1)

In case of a vacancy due to death, extended leave, removal or resignation, the

vacancy shall be filled by the Business Committee by immediate appointment

according to the criteria of the vacant position.

(2)

Removal. In case of removal, refer to Chapter 104 – Removal Law.

(3)

Community Member.

(a) Un-excused Absences. Failure by the Community Member to attend two (2)

meetings without notification of absence within one (1) year may be cause for

removal. This member shall be notified in writing of any removal action prior

to action being taken.

(b) Resignation. Resignations are effective upon written receipt by the Finance

Committee Chairperson.

Article II. Officers

2-1.

2-2.

Chairperson. This body shall be presided over by the Treasurer, acting as Chairperson.

(a) The Chairperson shall preside at meetings, appoint sub committees, oversee all Finance

Committee activities, and sign off on all expenses and Finance Committee Policies and

Procedures.

(b) The Chairperson or designee shall maintain all correspondence and minutes of all meetings and

document all activities of the Finance Committee and designated bodies.

Vice-Chairperson. The Chief Financial Officer or their permanent alternate, acting as ViceChairperson, shall act in the absence of the Chairperson.

Article III. Meetings

3-1.

3-2.

3-3.

3.4.

3-4.

3-5.

Orientation. Orientation will be conducted for all new members of the Finance Committee. This will

be conducted at the first Finance Committee meeting following a general election of the Business

Committee. For the Community Member an orientation will be conducted by the Treasurer or the

CFO at the time of their first Finance Committee meeting.

Regular Meetings. The Finance Committee shall establish regularly scheduled meetings. Finance

Committee Meetings will have a virtual option. Finance Committee members must have their camera

on when using the virtual option. All Finance Committee meetings will be recorded.

Emergency meetings. The Chairperson may call an emergency meeting at any time provided 24-hour

notice is given.

3-3.1 E-mail polls may be allowed, by authority of the Chairperson.

Work Meetings. The Chairperson may schedule work meetings to update /review processes and

procedures of the Finance Committee, review internal documents or to update the By Laws. All

actions will be placed on the next Regular Meeting for official approval.

Quorum. Three (3) members of the Finance Committee shall constitute a quorum. Once the body of

the Finance Committee is established, per Article I. Section 1-4(D), there will be no substitutes other

than the ones identified.

Order of Business. The order of business so far as applicable shall be:

(a) Call to order

(b) Approval of Agenda

(c) FC e-poll Action of Minutes

(d) Tabled Items

(e) Capital Expenditures

(f) New Business

(g) Community Giving

(h) Administrative/Internal

(i) Follow Up

2

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(j)

(k)

3-6.

(a)

(b)

(c)

(d)

For Information Only

Adjournment

Voting.

The Chairperson does not vote except in the event of a tie.

Each remaining Finance Committee member shall have one (1) vote.

E-Polls must be sent to all Finance Committee members with a quorum responding.

The Finance Committee shall act by a majority vote of the quorum present at any meeting.

Article IV. Stipends

4-1.

The Community Member shall be paid a stipend of seventy-five dollars ($75.00) for each meeting or

training/orientation, that the community member is present at the meeting for the durational of the

meeting.

Article V. Reporting

5-1.

5-2.

5-3.

5-4.

Agenda items shall be in a consistent format.

Minutes. Minutes shall be typed and in a consistent format.

Handouts, memoranda, reports, etc. 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.

The Chairperson shall report monthly all minutes and actions to the Oneida Business Committee for

acceptance.

Article VI. Amendments to by-laws.

6-1.

The Finance Committee, upon written notice, may at any of its regular meetings, by a majority vote

of the voting members present, adopt, amend or repeal any or all of the Finance Committee By-Laws,

provided that the amendment or repeal has been submitted in writing at a previous work meeting. All

such amendments approved are subject to subsequent approval by the Business Committee.

ARTICLE VII. Filing of By-Laws.

7-1.

By-laws. By-laws shall be filed in the Tribal Secretary's Office prior to their implementation.

Article VIII. Definitions

8-1. Conflict of Interest. Conflict of Interest means a situation in which a person is in a position to

derive personal benefit from actions or decisions made in their official capacity.

8-1.1 Finance Committee members must recuse themselves if a conflict of interest were to

arise.

8-2. Consultant. Consultant means a person who provides expert advice professionally.

8-3. Contractor. Contractor means a person or company that undertakes a contract to provide

materials or labor to perform a service or do a job.

APPROVED BY:

Finance Committee Chairperson

and Approved by the Oneida Business Committee on the ____ day of __________________, 2023.

Tribal Secretary

3

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40 of 45

000000=

ONEIDA

FINANCE COMMITTEE

REGULAR MEETING

RESCHEDULED: MARCH 2, 2023 ▪ Time: 1:30 P.M.

Business Committee Conference Room/ Microsoft Teams

REGULAR MEETING MINUTES

FC MEMBERS PRESENT :

Keith Doxtator, CFO/FC Vice-Chair

Kirby Metoxen, BC Council Member

Jennifer Webster, BC Council Member-via Teams

Patrick Stensloff, Purchasing Director-via Teams

FC MEMBERS EXCUSED: Cristina Danforth, Treasurer/FC Chair and Chad Fuss, Asst.

Gaming CFO

OTHERS PRESENT : Ray Olson, Craig Clausen, Redmon Danforth Jr.-via Teams, Rachel Lemkevia Teams, Loucinda Conway-via Teams and Melissa Alvarado-via Teams taking notes

I.

CALL TO ORDER : The FC Regular Meeting was called to order by the FC Vice-Chair at

1:31 P.M.

II.

APPROVAL OF AGENDA : MARCH 2, 2023

Motion by Patrick Stensloff to approve the March 2, 2023 Finance Committee Meeting

Agenda. Seconded by Jennifer Webster. Motion carried unanimously.

III.

MINUTES : FEBRUARY 13, 2023 (Approved via E-Poll on 2/13/23):

Motion by Jennifer Webster to acknowledge the FC E-Poll action taken on February 13,

2023 approving the February 13, 2023 Finance Committee Meeting Minutes. Seconded

by Kirby Metoxen. Motion carried unanimously.

IV.

TABLED BUSINESS : None

V.

CAPITAL EXPENDITURES :

1. Kain Energy Corp. - Inet Seven BAS Controllers ONES Project Amount: $168,200.00

Ray Olson/Craig Clausen, DPW-Facilities

Ray Olson and Craig Clausen were present and explained the Kain Energy Corp. Project. This

will be replacing the remaining obsolete Inet Seven BAS Controllers at the Turtle School.

This is budgeted for in DPW-Facilities budget with the expectations that the BIE will be

reimbursing the project.

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Finance Committee Meeting Minutes of March 2, 2023

41 of 45

Motion by Jennifer Webster to approve the Kain Energy Corp. – Inet Seven BAS Controllers

ONES Project in the amount of $168,200.00. Seconded by Patrick Stensloff. Motion carried

unanimously.

2. Broadway Automotive – Vehicle Purchase

Amount: $63,951.50

Redmon Danforth Jr., DPW-Automotive

Redmon Danforth Jr. was present and explained the Broadway Automotive vehicle

purchase. This vehicle will be replacing a Plumbing vehicle that is on its last leg. The total

amount includes everything the vehicle would need, and it is budgeted for.

Motion by Kirby Metoxen to approve the Broadway Automotive – Vehicle Purchase in the

amount of $63,951.50. Seconded by Jennifer Webster. Motion carried unanimously.

VI. NEW BUSINESS :

1. Limitless Possibilities LLC – Service Contract

Amount: $150,000.00

Carrie Lindsey, Comm. Health

Rachel Lemke was present and explained the Limitless Possibilities service contract.

Community Health is looking to add this vendor for their services. They are a sole source

and are budgeted for.

Motion by Kirby Metoxen to approve the Limitless Possibilities LLC – Service Contract in the

amount of $150,000.00. Seconded by Patrick Stensloff. Motion carried unanimously.

2. RSM US LLP – Service Contract

Amount: $729,000.00

Loucinda Conway, Internal Audit

Loucinda was present and explained the RSM service contract extension for the next three

years. Internal Audit will do the three bid process for the next contract.

Motion by Kirby Metoxen to approve the three-year contract with RSM and the amount for

FY23 only. Internal Audit will have to bring back to the Finance Committee the amounts for

FY24 and FY25 after their budgets are past for each fiscal year. Seconded by Jennifer

Webster. Motion carried unanimously.

VII.

ONEIDA FINANCE FUND:

Report:

1. Oneida Finance Fund Report – March 2023

Melissa Alvarado, Office Manager

Motion by Jennifer Webster to accept the Finance Committee Donation Report for March

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Finance Committee Meeting Minutes of March 2, 2023

42 of 45

2023. Seconded by Patrick Stensloff. Motion carried unanimously.

Requests:

1. Tai Chi Lessons

Requester: Steve Skenandore

Amount: $500.00

Motion by Jennifer Webster to approve from the Oneida Finance Fund the request for Tai

Chi Lessons in the amount of $500. Seconded by Kirby Metoxen. Motion carried

unanimously.

2. Oneida Pow-Wow – Refreshments

Amount: 100 Cases

Requester: Tonya Webster, Oneida Pow-Wow Committee

Motion by Jennifer Webster to approve from the Oneida Finance Fund the product request

for one hundred (100) cases of Coca-Cola products for refreshments and fundraising at the

Oneida Nation Pow Wow. Seconded by Kirby Metoxen. Motion carried unanimously.

3. YMCA Membership fees

Requester: Nancy Barton

Amount: $500.00

Motion by Jennifer Webster to approve from the Oneida Finance Fund the request for

YMCA Membership in the amount of $500 pending the paperwork gets completed.

Seconded by Patrick Stensloff. Opposed by Kirby Metoxen. Motion carried.

Kirby Metoxen opposed because he would deny the request and send it back to the

requester to complete the form.

4. KunHi-Yo Community Drum & Dance - Refreshments

Requester: Shannon Hill

Amount: 5 Cases per Week

until August

Motion by Kirby Metoxen to approve from the Oneida Finance Fund the product request

for 25 cases of Coca-Cola products for refreshments for the KunHi-Yo Community Drum &

Dance. Seconded by Patrick Stensloff. Motion carried unanimously.

5. Next Level Fitness Family Membership

Requester: Kristal Hill

Amount: $750.00

Motion by Jennifer Webster to approve from the Oneida Finance Fund the request for Next

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Finance Committee Meeting Minutes of March 2, 2023

43 of 45

Level Fitness family membership in the amount of $750. Seconded by Kirby Metoxen.

Motion carried unanimously.

6. Green Bay Elite Cheer fees

Requester: Amanda Thayer for Jasmine

Amount: $500.00

Motion by Jennifer Webster to approve from the Oneida Finance Fund the request for

Green Bay Elite Cheer fees for the daughter of the requester in the amount of $500.

Seconded by Patrick Stensloff. Motion carried unanimously.

7. Green Bay Elite Cheer fees

Requester: Amanda Thayer for Sheena

Amount: $500.00

Motion by Kirby Metoxen to approve from the Oneida Finance Fund the request for Green

Bay Elite Cheer fees for the daughter of the requester in the amount of $500. Seconded by

Jennifer Webster. Motion carried unanimously.

VIII. EXECUTIVE SESSION : None

IX. ADMINISTRATIVE /INTERNAL :

1. Finance Committee By-Laws

Melissa Alvarado, Office Manager

Motion by Jennifer Webster to approve the Finance Committee By-Laws. Seconded by

Patrick Stensloff. Motion carried unanimously.

X. FOLLOW UP : None

XI. FOR INFORMATION ONLY :

2. IGT– Master Agreements for Slots Area

David Emerson, Gaming – Slots

Motion by Jennifer Webster to accept the IGT – Master Agreements for Slots Area as FYI.

Seconded by Kirby Metoxen. Motion carried unanimously.

XII. ADJOURN : Motion by Jennifer Webster to adjourn. Seconded by Kirby Metoxen.

Motion carried unanimously. Time: 2:27 P.M.

Minutes submitted by:

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Finance Committee Meeting Minutes of March 2, 2023

44 of 45

Melissa Alvarado, Office Manager

& Finance Committee Contact/Recording Secretary

Finance Committee Approval Date of Minutes via E-Poll:

Page 5 of 5

Finance Committee Meeting Minutes of March 2, 2023

_March 2, 2023__

45 of 45

March 2023

March 2023

April 2023

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

1 2 3 4

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30 31

1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Feb 27

28

Mar 1

2

3

9

10

8:30am LOC Prep

(Microsoft Teams

Meeting;

BC_Conf_Room) 9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

6

10:00am OLIPP Law Work

Meeting (Microsoft

Teams Meeting) Clorissa N. Leeman

l

13

20

7

8

10:30am Personnel

Commission bylaws

work meeting

(Microsoft Teams

1:30pm LOC Work

Session (Microsoft

Teams Meeting) Clorissa N. Leeman

I

14

15

10:00am Back Pay Law

Amendments

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

8:30am LOC Prep

(Microsoft Teams

9:00am Legislative

Operating Committee

10:00am Oneida

Personnel Policies and

1:30pm Oneida Personnel

Policies and

21

22

9:00am Clean Air Policy

Amendments

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

27

28

10:00am Oneida

Language Code Work

Meeting (Microsoft

Teams Meeting) Clorissa N. Leeman

10:00am Furlough &

Layoff law

amendments work

meeting (Microsoft

Teams Meeting) Carolyn A. Salutz

LOC

29

16

17

23

24

9:30am LOC Work Session

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

10:00am Investigative

Leave Policy (Microsoft

Teams Meeting) Grace L. Elliott

30

31

9:30am LOC Work Session

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

3:00pm Oneida Higher

Education Scholarship

Law (Microsoft Teams

Meeting) - Grace L.

1

3/10/2023 4:08 PM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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