Oneida Business Committee (2022)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 62

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

December 21, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. December 7, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Drug and Alcohol Free Workplace Law Amendments (pg. 5)

2. Election Law Emergency Amendments (pg. 21)

IV.

New Submissions

1. Two-Spirit Inclusion Law (pg. 61)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 62

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

December 7, 2022

9:00 a.m.

Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King

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

Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Kaylynn Gresham (Microsoft Teams),

Rae Skenandore (Microsoft Teams), Eric Boulanger (Microsoft Teams), Matt Denny (Microsoft

Teams), Barbara Webster (Microsoft Teams), Diane Wilson (Microsoft Teams), Jennifer BergHargrove (Microsoft Teams), Jonas Hill (Microsoft Teams), Mark Powless (Microsoft Teams),

Nicole Rommel (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Racquel Hill

(Microsoft Teams), Joy Salzwedel (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the December 7, 2022, Legislative Operating Committee meeting

to order at 9:00 a.m.

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

Motion carried unanimously.

II.

Minutes to be Approved

1. November 2, 2022 LOC Meeting Minutes

Motion by Marie Cornelius to approve the November 2, 2022, LOC meeting minutes and

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

unanimously.

III.

Current Business

1. Drug and Alcohol Free Workplace Law Amendments

Motion by Jennifer Webster to approve the draft of the Drug and Alcohol Free Workplace

law amendments and direct that a legislative analysis be completed; seconded by Daniel

Guzman King. Motion carried unanimously.

2. Oneida Personnel Policies and Procedures Amendments

Motion by Jennifer Webster to approve the draft of the Oneida Personnel Policies and

Procedures amendments, the legislative analysis, and the public meeting notice with

updated date, and forward the Oneida Personnel Policies and Procedures amendments to a

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

Legislative Operating Committee Meeting Minutes of December 7, 2022

Page 1 of 3

ONEIDA

3 of 62

public meeting to be held on January 12, 2023; seconded by Daniel Guzman King. Motion

carried unanimously.

IV.

New Submissions

1. Emergency Gift Card Law

Motion by Jennifer Webster to add the Emergency Gift Card law to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

2. Audit Committee Bylaws Amendments

Motion by Kirby Metoxen to add the Audit Committee bylaws amendments to the Active

Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

Motion by Jennifer Webster to approve the Audit Committee bylaws amendments and

legislative analysis and forward to the Audit Committee for approval; seconded by Kirby

Metoxen. Motion carried unanimously.

3. Election Law Emergency Amendments

Motion by Jennifer Webster to add the Election law emergency amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

4. Amendments to Address the Dissolution of ERB and Transition of Responsibilities

Motion by Jennifer Webster to add the Cemetery law amendments to the Active Files List

with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby Metoxen

abstained. Motion carried.

Motion by Jennifer Webster to add the Domestic Animals law amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the Tribal Environmental Response law amendments

to the Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius.

Kirby Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the Well Abandonment law amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the All Terrain Vehicle law amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

Legislative Operating Committee Meeting Minutes of December 7, 2022

Page 2 of 3

4 of 62

Motion by Jennifer Webster to add the Tribal Environmental Quality Review law

amendments to the Active Files List with Kirby Metoxen as the sponsor; seconded by

Marie Cornelius. Kirby Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping law amendments to

the Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius.

Kirby Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the On-Site Waste Disposal law amendments to the

Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the Water Resources law amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

Motion by Jennifer Webster to add the Public Use of Tribal Land law amendments to the

Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

5. Petition: M. Cornelius – Chief Financial Officer Position

Motion Marie Cornelius to add the Petition: M. Cornelius – Chief Financial Officer

Position to the Active Files List with Jennifer Webster as the sponsor; seconded by Kirby

Metoxen. Motion carried unanimously.

6. Petition: N. Barton – $2,500 GWA Payment for Three (3) Years

Motion Marie Cornelius to add the Petition: N. Barton – $2,500 GWA Payment for Three

(3) Years to the Active Files List with Marie Cornelius as the sponsor; seconded by Jenifer

Webster. Motion carried unanimously.

Additions

VI.

Administrative Items

1. E-Poll Results: Extension of the Emergency Amendments to the Oneida Personnel

Policies and Procedures

Motion by Marie Cornelius to enter into the record the results of the November 3, 2022, epoll entitled, Extension of the Emergency Amendments to the Oneida Personnel Policies

and Procedures; seconded by Jennifer Webster. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:31 a.m.; seconded by Marie Cornelius.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of December 7, 2022

Page 3 of 3

5 of 62

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

December 21, 2022

Drug and Alcohol Free Workplace Law

Amendments

Submission Date: 9/7/22

LOC Sponsor: Kirby Metoxen

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On August 30, 2022, the Legislative Operating Committee received a request from the

Human Resources Department to add the Drug and Alcohol Free Workplace law amendments to its Active

Files List. It is the policy of the Nation to establish a drug and alcohol-free workplace program that

balances respect for individuals with the need to maintain an alcohol and drug-free environment. HRD

indicated that with the Benton – Pre-Employment Drug Testing petition currently pending – which

requests to remove or lower THC from the pre-employment drug testing requirements - they were directed

by the Oneida Business Committee to work with the Oneida Law Office on potential proposed language

to address this petition. HRD is requesting that the LOC now add this legislative item to the Active Files

List so that the HRD can collaborate with the LOC on the consideration of potential amendments moving

forward. The Legislative Operating Committee added this item to its Active Files List on September 7,

2022.

9/7/22 LOC:

Motion by Marie Summers to add the Drug and Alcohol Free Workplace law amendments to

the Active Files List with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

10/31/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Clorissa N. Leeman, Carolyn Salutz,

Grace Elliott, Carl Artman, Peggy Van Gheem, Todd Vandenheuvel, Matt Denny, Nic

Reynolds, Josh Cottrell, Wendy Alvarez, Louise Cornelius, Lucy Neville, Brenda MendollaBuckley, Fawn Rasmussen, Kristal Hill, Rhiannon Metoxen. The purpose of this work

meeting is to begin the consideration of potential amendments to the Drug and Alcohol Free

Workplace law by reviewing and discussing the options for amendments provided by the

Oneida Law Office.

11/15/22:

Work Meeting. Present: David P. Jordan, Daniel Guzman King, Jennifer Webster, Clorissa N.

Leeman, Carolyn Salutz, Grace Elliott, Carl Artman, Peggy Van Gheem, Todd Vandenheuvel,

Matt Denny, Nic Reynolds, Josh Cottrell, Wendy Alvarez, Lucy Neville, Lorna Skenandore,

Chad Fuss, Fawn Rasmussen, Mary Cornelissen, Kristal Hill. The purpose of this work

meeting was to continue the consideration of potential amendments to the Drug and Alcohol

Free Workplace law by deciding on an option for amendments provided by the Oneida Law

Office.

12/1/22:

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

King, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill. This was a work

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

updated proposed language for the amendments, as well as the Waiver of Exemption of

Positive THC Test Results for Pre-Employment Drug Testing resolution.

Page 1 of 2

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

6 of 62

12/7/2 LOC:

Motion by Jennifer Webster to approve the draft of the Drug and Alcohol Free Workplace law

amendments and direct that a legislative analysis be completed; seconded by Daniel Guzman

King. Motion carried unanimously.

Next Steps:

 Approve the legislative analysis of the Drug and Alcohol Free Workplace law amendments.

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

Page 2 of 2

ONEIDA

7 of 62

Analysis to Draft 1

2022 12 21

DRUG AND ALCOHOL FREE WORKPLACE

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Provide that an external applicant’s confirmed positive THC test result

shall be exempted from the requirement of a negative drug test result for

pre-employment eligibility in certain circumstances. [2 O.C. 202.8-4(a)].

 For Gaming positions, an external applicant receiving a confirmed

positive test result for THC may qualify for employment if the

position mandates a background check in accordance with 5 O.C.

501.10; the position mandates licensing in accordance with 5 O.C.

501.11; and the position does not require a commercial driver’s

license or job-related driving. [2 O.C. 202.8-4(a)(1)].

 For Non-Gaming positions, an external applicant receiving a

confirmed positive test result for THC may qualify for employment

if the position has not been identified as an employee position which

waived the exemption for positive THC test results. [2 O.C. 202.84(a)(2)].

 Require the Oneida Business Committee to adopt through resolution a list

of all the non-gaming employment positions that waive the exemption for

positive THC test results. [2 O.C. 202.8-4(a)(2)(A)].

The purpose of this law is to establish a drug and alcohol-free workplace

program that balances respect for individuals with the need to maintain an

alcohol and drug-free environment. [2 O.C. 202.1-2].

Human Resources Department, Oneida Nation employees.

A public meeting has not yet been held.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Drug and Alcohol Free Workplace law was adopted by the Oneida Business

Committee in 1994 through resolution BC-10-25-95-A and then amended through resolutions BC-1020-99-A, BC-12-05-07-B, BC-12-11-13-F, and BC-04-12-17-C. The purpose of the Drug and Alcohol

Free Workplace law is to establish a drug and alcohol-free workplace program that balances respect for

individuals with the need to maintain an alcohol and drug-free environment. [2 O.C. 202.1-2].

B. Request for Amendments. On August 30, 2022, the Legislative Operating Committee received a

request from the Human Resources Department to add the Drug and Alcohol Free Workplace law

amendments to its Active Files List. The Human Resources Department indicated that with the Benton

– Pre-Employment Drug Testing petition currently pending – which requests to remove THC from the

pre-employment drug testing requirements, they were directed by the Oneida Business Committee to

work with the Oneida Law Office on potential proposed language to address this petition. The

Legislative Operating Committee added this item to its Active Files List on September 7, 2022.

Page 1 of 4

8 of 62

Analysis to Draft 1

2022 12 21

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Law and this legislative analysis:

 Oneida Law Office;

 Human Resources Department;

 Gaming; and

 Employee Health Nursing.

B. The following laws were reviewed in the drafting of this analysis:

 Drug and Alcohol Free Workplace law;

 Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Drug and Alcohol Free Workplace law complies

with the process set forth in the Legislative Procedures Act (LPA).

 On September 7, 2022, the Legislative Operating Committee added the Law to its Active Files

List.

 On December 7, 2022, the Legislative Operating Committee approved the draft of the proposed

amendments to the Law and directed that a legislative analysis be developed.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this Law:

 October 31, 2022: LOC work meeting with the Oneida Law Office, Human Resources

Department, and Gaming.

 November 15, 2022: LOC work meeting with the Oneida Law Office, Human Resources

Department, and Gaming.

 December 1, 2022: LOC work session.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Pre-Employment Drug Testing. Currently, the Law provides that each employee, as a condition of

employment, shall participate in pre-employment, reasonable suspicion, and follow-up testing upon the

request of an appropriate authority, and that a negative test result is required for employment eligibility.

The proposed amendments focus specifically on pre-employment drug testing and how positive THC

test results are address by the Nation. The proposed amendments to the Law require that all external

applicants participate in pre-employment drug testing, and that a negative drug test result shall be

required for employment eligibility. [2 O.C. 202.8-4]. The Law then further provides that an external

applicant’s confirmed positive THC test result shall be exempted from the requirement of a negative

drug test result for employment eligibility in certain circumstances. [2 O.C. 202.8-4(a)]. For Gaming

positions, an external applicant receiving a confirmed positive test result for THC may qualify for

employment if the position mandates a background check in accordance with 5 O.C. 501.10; the

position mandates licensing in accordance with 5 O.C. 501.11; and the position does not require a

commercial driver’s license or job-related driving. [2 O.C. 202.8-4(a)(1)]. For Non-Gaming positions,

an external applicant receiving a confirmed positive test result for THC may qualify for employment if

the position has not been identified as an employee position which waived the exemption for positive

THC test results. [2 O.C. 202.8-4(a)(2)]. The Law then requires the Oneida Business Committee to

Page 2 of 4

9 of 62

Analysis to Draft 1

2022 12 21

adopt through resolution a list of all the non-gaming employment positions that waive the exemption

for positive THC test results. [2 O.C. 202.8-4(a)(2)(A)]. The Law then maintains the requirement that

each employee shall participate in reasonable suspicion and follow-up testing upon the request of an

appropriate authority, and that a negative test result is required for unimpeded employment eligibility.

[2 O.C. 202.8-5].

 Effect. The proposed amendments to the Law allow an individual who is seeking employment with

the Nation to still be eligible to be hired if the individual tests positive for THC in most situations,

unless the position the individual is seeking is in an area that has waived this exemption for positive

THC test results.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the proposed amendments to the

Law:

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide 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.

 Section V.D.3 of the Oneida Personnel Policies and Procedures provides that the Drug

and Alcohol Free Workplace Policy shall govern disciplinary actions warranting

termination for drug and alcohol related violations.

100

SECTION 7. OTHER CONSIDERATIONS

A. Waiver of Exemption of Positive THC Test Results for Pre-Employment Drug Testing. The proposed

amendments to the Law require the Oneida Business Committee to adopt through resolution a list of

all the non-gaming employment positions that waive the exemption for positive THC test results. [2

O.C. 202.8-4(a)(2)(A)]. The Legislative Operating Committee has begun collaborating on the

development of this resolution with the Human Resources Department and the Oneida Law Office.

Thus far, the language included in the proposed resolution provides that the following non-gaming

employment positions waive the exemption for positive THC test results: any position which requires

a commercial driver’s license or where driving is a primary function or responsibility of the employee

position; any position within Oneida Comprehensive Health Division; any position within the Oneida

Police Department; and any position which requires regular contact with or control over children. This

means that the above-mentioned positions do not allow a positive THC test result for pre-employment

eligibility.

 Conclusion. The Legislative Operating Committee will need to prepare this resolution to be

presented to the Oneida Business Committee for consideration of adoption when the proposed

amendments are presented to the Oneida Business Committee.

B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

completing the fiscal impact statement.

Page 3 of 4

10 of 62

Analysis to Draft 1

2022 12 21

101

102

103



Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

statement be completed.

Page 4 of 4

11 of 62

Draft 1(Redline to Current)

2022 12 21

Title 2. Employment – Chapter 202

DRUG AND ALCOHOL FREE WORKPLACE

202.1. Purpose and Policy

202.2. Adoption, Amendment, Repeal

202.3. Definitions

202.4. Application

202.5. Shared Responsibility

202.6. Prohibited Behavior

202.7. Reasonable Suspicion

202.8. Drug and Alcohol Testing

202.9. Refusal to Test

202.10. Reasonable Suspicion Testing Waiting Period

202.11. Consequences for Prohibited Behavior

202.12. Re-hire

202.13. Other Potential Consequences

202.14. Confidentiality

202.15. Communication

202.1. Purpose and Policy

202.1-1. Purpose. The Nation is committed to protecting the safety, health and well-being of all

employees, and other individuals in the workplace. The Nation recognizes that alcohol abuse and

drug use pose a significant health and safety threat to our customers and other employees. The Nation

also recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Nation realizes

that early intervention and support may improve the success of rehabilitation.

202.1-2. Policy. It is the policy of the Nation to establish a drug and alcohol-free workplace program

that balances respect for individuals with the need to maintain an alcohol and drug-free environment.

The Nation encourages employees to voluntarily seek help for their personal drug and alcoholrelated problems.

202.2. Adoption, Amendment, Repeal

202.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-25-95-A

and amended by resolutions BC-10-20-99-A, BC-12-05-07-B, BC-12-11-13-F and, BC-04-12-17C., and BC-__-__-__-__.

202.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

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

202.2-3. 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.

202.2-4. 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.

202.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

202.3. Definitions

202.3-1. This section shall govern the definitions of words or phrases as used within this law. All

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

(a) “Appropriate authority” means the Human Resources Department hiring representative,

immediate supervisor, EHN, MRO, and/or ONEAP who requests the drug and/or alcohol

testing for reasons of pre-employment, reasonable suspicion, and/or follow-up testing.

(b) “Business day” means Monday through Friday from 8:00am-4:30pm, excluding holidays

recognized by the Nation.

MRO that exceeds the cut-off levels established by this law (levels established by the United

States Department of Health and Human Services), confirmed saliva testing, confirmed

evidential breath alcohol test results of 0.02 or greater; and/or refusal to test.

2 O.C. 202 – Page 1

12 of 62

Draft 1(Redline to Current)

2022 12 21

(d) “EHN” means the Oneida Employee Health Nursing Department.

(e) “Employee” means any individual who is employed by the Nation and is subject to the

direction and control of the Nation with respect to the material details of the work performed,

or who has the status of an employee under the usual common law rules applicable to

determining the employer-employee relationship. “Employee” includes, but is not limited

to; an individual employed by any program or enterprise of the Nation, but does not include

elected or appointed officials, or individuals employed by a Tribally Chartered Corporation.

For purposes of this law, individuals employed under an employment contract as a limited

term employee are employees of the Nation, not consultants.

(f) “External applicant” means a person who is applying for a position and not currently

employed by the Nation.

(g) “HRD” means the Human Resources Department and/or representatives performing

Human Resources functions applicable to this law.

(h) “Internal applicant” means a person who is applying for a position who is currently

employed by the Nation, this includes those employed under a temporary status.

(i) “MRO” means Medical Review Officer who is a licensed physician who is responsible

for receiving and reviewing laboratory test results generated by an employer’s drug testing

program and evaluating medical explanations for certain drug test results.

(j) “Nation” means the Oneida Nation.

(k) “NHTSA” means the National Highway Traffic Safety Administration.

(l) “ONEAP” means the Oneida Nation Employee Assistance Program which is a

professional counseling program staffed by clinical social workers licensed by the State of

Wisconsin which offers services to the Nation’s employees and family members.

(m) “Prohibited drug(s)” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

included in Schedules I through V, as defined by Section 812 of Title 21 of the United States

Code. This also includes prescription medication or over-the-counter medicine used in an

unauthorized or unlawful manner.

(n) “Return-to-Work Agreement” means an agreement, developed by an ONEAP counselor

and signed by the employee and the ONEAP counselor, and the referring supervisor, which

sets out the actions the employee needs to complete in order to return to work and remain

employed.

(o) “SAMHSA” means the United States Department of Health and Human Services,

Substance Abuse and Mental Health Services Administration.

(p) “Supervisor” means the immediate supervisor, or person who has taken on the role of

supervisor due to an absence that is responsible for performance review, corrective action,

and day-to-day assignments of duties.

(q) “Work-related accident” means an unexpected event involving an employee that occurs

in the employee’s working environment or during an activity related to work, that:

(1) results in an injury to the employee or another person that may require medical

intervention by a police officer or emergency medical technician, or treatment at a

medical facility,

(2) results in death of the employee or another person, or

(3) involves any property damage.

2 O.C. 202 – Page 2

13 of 62

Draft 1(Redline to Current)

2022 12 21

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

202.4. Application

202.4-1. This law applies to all applicants for employment, whether external or internal, and all

employees during working hours, when on-call, and when operating a vehicle owned by the Nation

or a vehicle rented by the Nation.

202.4-2. An employee is prohibited from the use of prohibited drugs and alcohol during working

hours, when on-call, and when operating a vehicle owned by the Nation or a vehicle rented by the

Nation.

202.4-3. An employee is prohibited from the use of intoxicants while on official business travel

while the conference or meeting is in session.

202.4-4. An employee is not exempted from this law if they travel to another state, territory or

country where the use of certain drugs is legal.

202.5. Shared Responsibility

202.5-1. A safe and productive drug and alcohol free workplace is achieved through cooperation

and shared responsibility between the employer and an employee.

202.5-2. Employee. It is the employee’s responsibility to:

(a) Be free from the effects of prohibited drugs, and/or alcohol during working hours, and/or

when scheduled to be on-call.

(b) Refrain from the unlawful manufacture, distribution, dispensation or possession of any

prohibited drugs while working.

appropriate authority.

(d) Confidentially report suspicious behavior of an employee immediately to the supervisor

of the employee in question.

(e) Cooperate with the requests made by EHN and the MRO. The employee shall return the

call of the MRO within twenty-four (24) hours of the call being made to the employee. An

employee who fails to cooperate and does not contact the MRO within twenty-four (24) hours

of receiving contact shall not receive back pay for any time between the date the MRO placed

the call until the time the employee does return the call of the MRO.

(f) Sign a consent form to be tested for alcohol and drugs when requested by an appropriate

authority.

(g) Provide the appropriate information to EHN in the event a medical condition prevents

the employee from properly completing drug and alcohol testing so alternative drug and

alcohol testing measures can be taken by EHN.

202.5-3. Supervisor. It is the supervisor’s responsibility to:

(a) Be familiar with this law and any related policies and procedures.

(b) Investigate reported suspicious behaviors while maintaining the confidentiality of the

person who reported the suspicious behavior.

prohibited drugs and/or alcohol.

(d) Monitor the employee under the influence of prescription and/or over-the-counter

medications that could compromise the safety of the employee, fellow employees, or the

public.

(e) Send the employee through the contracted transportation service for reasonable suspicion

drug and alcohol testing.

2 O.C. 202 – Page 3

14 of 62

Draft 1(Redline to Current)

2022 12 21

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

(f) Take appropriate action as outlined by this law.

(g) Sign the Return-to-Work Agreement along with the employee and ONEAP counselor

that was developed by ONEAP.

(h) Send a copy of the consent to submit to drug and alcohol testing form signed by the

employee to EHN.

202.5-4. Supervisor and Employee. A supervisor or an employee that fails to adhere to the

responsibilities of the supervisor or employee under this law may be subject to disciplinary action

or other consequences as explained in section 202.13.

202.5-5. Off-duty Use of Prohibited Drugs or Alcohol. Off-duty use of prohibited drugs or alcohol

may result in continued impairment during on-duty hours, which shall then constitute a violation of

this law. It is the employee’s responsibility to understand the consequences of off-duty use, and take

steps to avoid the possibility of on-duty impairment. An employee who is called in for emergency

or unplanned work, excluding those on-call, and has been using prohibited drugs or drinking

alcoholic beverages prior to such a call, shall inform the employee’s supervisor they cannot report,

and shall continue to decline to report until the effects of the prohibited drugs or alcohol have left

the employee’s system. Such refusal to report shall not be viewed as improper, and disciplinary

action shall not arise from such refusal.

202.5-6. Use of Controlled Substances That May Affect Safety or Performance. An employee who

is taking or is under the influence of any controlled substances during working hours, including

prescription medication or over the counter medication, which may affect the employee’s job

performance or safety of the employee, fellow employees, public, or assets of the Nation have the

following obligations:

(a) The employee shall notify the employee’s immediate supervisor about the use of the

substance and possible work-related effects prior to commencing work.

(b) Upon request, the employee may be required to obtain a written statement of any work

restrictions or impact on performance or safety relating to the legal substances from the

employee’s physician or pharmacist.

person, and shall not take medications that are prescribed to another person.

(d) It may be necessary for the employee’s supervisor, area manager or EHN to consult with

the employee’s personal physician, pharmacist or an MRO, with the employee’s approval

or written authorization, to determine if the medication might impact the employee’s

ability to perform the employee’s job, or pose a hazard to other employees or to the

general public.

(e) The employee’s duties may be temporarily modified for up to one hundred eighty (180)

days. Any modification of duties shall result in the appropriate modification of pay as

established by the Human Resources Department.

202.6. Prohibited Behavior

202.6-1. An applicant or employee of the Nation is in violation of this law if he or she:

(a) Uses, possesses, and/or sells prohibited drugs, or is under the influence of prohibited

drugs or alcohol while on duty. Notwithstanding section 202.11, any employee who is

caught using, possessing or selling prohibited drugs shall be immediately terminated from

employment with the Nation.

2 O.C. 202 – Page 4

15 of 62

Draft 1(Redline to Current)

2022 12 21

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

(b) Fails to inform his or her supervisor of being under the influence of prescription

medication and/or over-the-counter medication(s) which may affect the employee’s job

performance or safety of the employee, fellow employees, public, or assets of the Nation.

medications.

(d) Refuses to test.

(e) Has a confirmed positive test result after completing a drug and/or alcohol test through

EHN or a medical facility, or has a confirmatory test come back as positive.

202.7. Reasonable Suspicion

202.7-1. Establishing reasonable suspicion begins when the supervisor becomes aware either by

personal observation and/or secondary reported observation that an employee may be under the

influence of drugs and/or alcohol: this may include seeing or receiving a report that the employee

has taken or possess prohibited drugs or prescription medication that is not specifically prescribed

to that employee. In order to make a reasonable suspicion determination, the supervisor shall

evaluate the following:

(a) Specific observations concerning appearance, behavior, speech, or body odors of the

employee consistent with possible drug use or alcohol misuse.

(b) The observations may include indications of the chronic and withdrawal effects of

prohibited drugs or alcohol.

202.7-2. The supervisor shall document his or her observations and discuss the matter with the

employee. During this discussion, the supervisor may ask the employee for proof of a prescription.

The employee shall comply with this request. If after a discussion with the employee, the supervisor

continues to suspect the employee may currently still be under the influence or reasonable suspicion

is otherwise established, the supervisor shall refer the employee for reasonable suspicion drug and

alcohol testing.

202.7-3. A supervisor’s decision made in regard to the reasonable suspicion drug and alcohol testing

of an employee is final. An employee shall not appeal or challenge a supervisor’s determination for

reasonable suspicion drug and alcohol testing.

202.8. Drug and Alcohol Testing

202.8-1. Drug and alcohol tests are forensic in nature, meaning they are performed to formalize

conditions of employment as described in this law. To ensure the accuracy and fairness of this law,

all drug and alcohol testing shall be conducted according to SAMHSA guidelines for Federal

Workplace Drug Testing Programs.

202.8-2. EHN or its designee shall use Federal Drug Administration approved urine tests and

NHTSA certified evidential breath testing devices or NHTSA certified saliva-screening devices,

operated by technicians whose training terminology, procedures, methods, equipment, forms, and

quality assurance comply with best practices.

(a) Confirmation drug testing done on urine specimens shall be conducted by a laboratory

which is certified by the U.S. Department of Health and Human Services using its

confirmation methods and established cut-off levels. Laboratory-confirmed results shall

undergo the verification process by a MRO.

(b) Confirmation breath alcohol testing shall be performed using an NHTSA certified

evidential breath testing device.

2 O.C. 202 – Page 5

16 of 62

Draft 1(Redline to Current)

2022 12 21

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

certified saliva test.

202.8-3. If an employee is involved in a work-related accident, he or she shall immediately inform

his or her supervisor of the accident.

202.8-4. Each employee, as a condition of employment,All external applicants shall participate in

pre-employment, reasonable suspicion, and follow-up drug testing upon the request of an appropriate

authority.. A negative drug test result shall be required for employment eligibility.

(a) Exemption for Positive THC Test Result. An external applicant’s confirmed positive THC

test result shall be exempted from the requirement of a negative drug test result for

employment eligibility in the following circumstances:

(1) External Applicants for Gaming Positions. An external applicant receiving a

confirmed positive test result for THC may qualify for employment if:

(A) the position mandates a background check in accordance with 5 O.C.

501.10;

(B) the position mandates licensing in accordance with 5 O.C. 501.11; and

driving.

(2) External Applicants for Non-Gaming Positions. An external applicant receiving

a confirmed positive test result for THC may qualify for employment if the position

has not been identified as an employee position which waived the exemption for

positive THC test results.

(A) The Oneida Business Committee shall adopt through resolution a list of

all the non-gaming employment positions that waive the exemption for

positive THC test results.

202.8-5. Each employee shall participate in reasonable suspicion and follow-up testing upon the

request of an appropriate authority. A negative test result is required for unimpeded employment

eligibility.

202.8-6. Dilution of Test Results. In cases where a drug test result is diluted, a positive dilute of the

test result requires that the applicant or employee shall be given a confirmed positive test result,

while a negative dilute of the test result requires retesting. EHN shall notify the applicant or

employee of the required retesting.

(a) If the re-test results in a negative-dilute, the applicant or employee shall be given a

negative test result.

(b) If the re-test results in a positive-dilute, then the applicant or employee shall be given a

positive test result.

202.9. Refusal to Test

202.9-1. Refusal to test is prohibited behavior as defined in section 202.6. Refusal to test carries

the same consequences as a confirmed positive test result. Examples of refusal to test include, but

are not limited to:

(a) Substituting, adulterating (falsifying), or diluting the specimen.

(b) Refusal to sign the required forms.

accurate testing and as directed by the collector.

(d) Failing to remain at the testing site until the testing process is complete.

2 O.C. 202 – Page 6

17 of 62

Draft 1(Redline to Current)

2022 12 21

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

(e) Providing an insufficient sample of urine or breath.

(f) Failing to test or to re-test.

(g) Failing to appear within two (2) hours after an order or request is made for testing or retesting.

(h) Behaving in a confrontational or discourteous manner that disrupts the collection process.

202.10. Reasonable Suspicion Testing Waiting Period

202.10-1. This section applies only to current employees who meet the reasonable suspicion

standard. It does not apply to applicants of the Nation.

202.10-2 During drug and alcohol testing for reasonable suspicion, an employee shall be

immediately removed from duty without pay at the time of initiation of the reasonable suspicion

drug and alcohol testing and specimen collection until the employer is notified by EHN of negative

results on both the drug and alcohol tests, or MRO-verified negative test results.

202.10-3. When confirmation of test results are made available to the employer, the supervisor shall

notify the employee by telephone and by certified mail using the contact information provided by

the employee. The notice to the employee shall identify a reinstatement date if the test was

confirmed negative, or applicable consequences if the test was confirmed positive. If the employee

is reinstated, back pay shall be provided in accordance with the Back Pay law. However, if the

employee fails to return to work on the assigned reinstatement date as instructed in the notice from

the supervisor, the supervisor shall discipline the employee in accordance with the Nation’s laws,

rules and policies governing employment, unless an extension is granted in writing by the supervisor

along with the reason for the extension. An employee who is ultimately terminated for failure to

return to work on his or her assigned reinstatement date shall not be eligible for employment for one

(1) year after the date of termination.

202.11. Consequences for Prohibited Behavior

202.11-1. Either an internal applicant or an external applicant may decline the position at any time

before being directed to EHN or other designated testing site for the applicant’s drug and alcohol

testing.

202.11-2. External Applicant. If an external applicant fails to show at the testing site within the

time allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at

section 202.6 that has been documented, the employment offer shall be withdrawn. An external

applicant shall not be eligible for hiring consideration for one hundred eighty (180) days from the

date of the urine drug screening test.

202.11-3. Internal Applicant. If an internal applicant fails to show at the testing site within the time

allotted, or on the date of the scheduled test, or has engaged in prohibited behavior as listed at section

202.6, the employment offer shall be withdrawn. The applicant shall be removed from duty and

subject to respective consequences of this law. The applicant shall not be eligible for hiring

consideration in a different position for one hundred eighty (180) days from the date of the urine

drug screening test.

202.11-4. Employee. If an employee has engaged in prohibited behavior as listed in section 202.61, and/or fails to cooperate by not responding to contact from the MRO within ten (10) business days

(which shall be deemed thereafter as a definite positive test), the employee shall be removed from

duty and subject to the respective consequences of this law.

202.11-5. Consequences.

2 O.C. 202 – Page 7

18 of 62

Draft 1(Redline to Current)

2022 12 21

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

(a) First Violation.

(1) Any employee who engages in prohibited behavior as defined in section 202.6

for the first time shall be removed from duty without pay and shall receive a

mandatory referral to ONEAP for an assessment. The ONEAP shall also determine

if the employee shall be subject to return-to-duty/follow-up testing. If follow-up

testing is required, the testing shall be at the employee’s expense.

(2) The employee shall sign a Return-to-Work Agreement and submit the agreement

to his or her supervisor within ten (10) days or the employee shall be terminated and

ineligible for re-hire for one (1) year.

(A) When the supervisor signs the Return-to-Work Agreement the employee

shall be placed back on the work schedule by the next regularly scheduled

workday.

(3) Failure to comply with the signed Return-to-Work Agreement shall result in the

employee being terminated and ineligible for re-hire for one (1) year.

(b) Second Violation.

(1) Any employee who engages in prohibited behavior as defined in section 202.6 a

second time within his or her lifetime of employment with the Nation shall be

removed from duty without pay and shall receive a mandatory referral to ONEAP for

an assessment.

(2) The employee shall sign a Return-to-Work Agreement and submit it to the

employee’s supervisor for signature within ten (10) days or the employee shall be

terminated and ineligible for re-hire for one (1) year. After a second violation the

employee shall not be placed back on the work schedule until:

(A) The employee receives approval from the ONEAP that they have

demonstrated sufficient progress in a treatment program that would indicate

the employee is drug and alcohol free within thirty (30) days of the employee

being removed from duty; and

(B) The employee completes a return-to-duty drug screening and alcohol test

at a SAMHSA-certified facility at their own expense, which shall be negative

within thirty (30) days of the employee being removed from duty;

to work.

(3) As a condition of continuing employment, the employee shall participate in

follow-up testing with continued negative results as directed by the ONEAP and

listed in the Return-to-Work Agreement. All follow-up testing shall be at the

employee’s expense.

(4) Failure to comply with the Return-to-Work agreement or follow up testing shall

result in the employee being terminated and ineligible for re-hire for one (1) year.

(1) Any employee who engages in prohibited behavior as defined in section 202.6 a

third time in his or her lifetime of employment with the Nation shall be terminated.

The employee shall not be eligible for employment unless he or she receives a

forgiveness pursuant to the Pardon and Forgiveness law. An employee that receives

forgiveness shall not be eligible for re-hire for one (1) year after the date of

termination.

2 O.C. 202 – Page 8

19 of 62

Draft 1(Redline to Current)

2022 12 21

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

202.12. Re-hire

202.12-1. A former employee that was terminated due to violations of this law shall provide, along

with the former employee’s application for employment, the following:

(a) Proof of completion of a certified Alcohol and Other Drug Abuse program; and

(b) A negative drug screening and alcohol test at a SAMHSA-certified facility completed

within the last thirty (30) days. This drug screening and alcohol test shall be done at the

former employee’s own expense.

202.13. Other Potential Consequences

202.13-1. The violation of this law may result in consequences to the employee beyond any

discipline or corrective action that may be taken. Other potential consequences include the

following:

(a) Disqualification of Unemployment Benefits. An employee who is terminated as a result

of a violation of this law may be ineligible for unemployment benefits.

(b) Reduction of Workers Compensation Benefits. An employee who incurs an injury in a

work-related accident that occurred while engaged in a violation of this law may have any

workers compensation benefits reduced.

may be referred to appropriate law enforcement for criminal prosecution.

(d) Liability for Accidents. An employee whose conduct in violation of this law causes an

accident may be held personally responsible for losses associated with the accident, and the

employee may be required to pay for those losses.

202.14. Confidentiality

202.14-1. Information related to the application of this law is confidential. Access to this

information is limited to those who have a legitimate “need to know” in compliance with relevant

laws and personnel policies and procedures.

202.14-2. All drug and alcohol testing information shall be maintained at EHN in confidential

records which are separate from the employee’s clinical and personnel files. The employee may

request a copy of the employee’s records. The records may be requested by a third party in

accordance with the Oneida Nation’s laws, rules and policies governing employment.

202.15. Communication

202.15-1. HRD shall communicate this law to all employees to ensure all employees are aware of

their role in supporting this law:

(a) All employees shall be given information on how to access this law.

(b) This law shall be reviewed in new employee orientation and other means, as deemed

appropriate by HRD.

this law, have read and understand it, and agree to follow this law.

End.

See GTC-01-31-94-B

Adopted – BC-08-17-94

2 O.C. 202 – Page 9

20 of 62

Draft 1(Redline to Current)

2022 12 21

398

399

400

401

402

403

404

405

406

Emergency Amended - BC-04-20-95-C

Adopted - BC-10-25-95-A (repealed previous versions)

Amended - BC-10-20-99-A

Amended - BC-12-05-07-B

Amended - BC-12-11-13-F

Emergency Amended - BC-10-26-16-D

Amended - BC-04-12-17-C

Amended – BC-__-__-__-__

2 O.C. 202 – Page 10

21 of 62

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

December 21, 2022

Election Law

Emergency Amendments

Submission Date: 12/7/22

LOC Sponsor: Kirby Metoxen

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On November 30, 2022, during the presentation of the Oneida Election Board’s quarterly

report, the Oneida Business Committee adopted a motion to request the LOC to take emergency action on

the Election law to address concerns identified in the event the 2023 Annual GTC meeting is not held.

Section 102.9-1 of the Election law requires that the GTC select the date of the general election at the

annual meeting in January, or the first meeting held that year. The Oneida Election Board expressed

concern that there is the possibility that the GTC will not be able to meet in January, or soon after, to

select the 2023 general election date, and asked for emergency amendments to be made to the Election

law to provide guidance on how this concern should be handled.

11/30/22 OBC: Motion by Jennifer Webster to request Legislative Operating Committee to take emergency

action on the Election Law to address the concern identified in the event the 2023 annual

General Tribal Council meeting is not held, seconded by Lisa Liggins. Motion carried.

12/7/22 LOC: Motion by Jennifer Webster to add the Election law emergency amendments to the Active

Files List with Kirby Metoxen as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

12/13/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Clorissa N.

Leeman, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill, Rae Skenandore. This

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

review the proposed emergency amendment to the Election law.

Next Steps:

 Approve the Election law emergency amendments adoption packet and forward to the Oneida

Business Committee for consideration.

Page 1 of 1

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

22 of 62

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

ONEIDA

, /J~

Oneida Business Committee

David P. Jordan, LOC Chairperson (,.._J~

December 28, 2022

Adoption of an Emergency Amendment to the Election Law

Please find the following attached backup documentation for your consideration of an emergency

amendment to the Election law:

Resolution: Emergency Amendment to the Election law

Statement of Effect: Emergency Amendment to the Election law

Election law Emergency Amendment Legislative Analysis

Election law Emergency Amendment Draft (Redline)

Election law Emergency Amendment (Clean)

Overview

An emergency amendment to the Election law is being sought. On November 30, 2022, during the

presentation of the Oneida Election Board's quarterly report, the Oneida Business Committee

adopted a motion to request the Legislative Operating Committee to take emergency action on the

Election law to address concerns identified in the event the 2023 Annual General Tribal Council

meeting is not held. Section 102.9-1 of the Election law requires that the General Tribal Council

select the date of the general election at the annual meeting in January, or the first meeting held

that year. The Oneida Election Board expressed concern that there is the possibility that the

General Tribal Council will not be able to meet in January, or soon after, to select the 2023 General

Election date, and asked for emergency amendments to be made to the Election law to provide

guidance on how this concern should be handled. The Legislative Operating Committee

determined these amendments should be pursued on an emergency basis for the immediate

preservation of the general welfare of the Reservation population.

The Election law governs the procedures for the conduct of orderly elections of the Nation,

including pre-election activities such as caucuses and nominations. [l 0. C. 102.1-1]. The

emergency amendment to the Election law will allow the Oneida Business Committee to select the

election date if the General Tribal Council is unable to meet to select the election date by February

1st of a year. [l O.C. 102.9-1].

The Oneida Business Committee can temporarily enact legislation when legislation is necessary

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

population, and the amendment of the legislation is required sooner than would be possible under

the Legislative Procedures Act. [l O.C. 109.9-5}. A fiscal impact statement and public meeting

are not required for emergency legislation. [l O.C. 109.9-5(a)].

Page 1 of 2

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

23 of 62

The emergency amendment to the Election law is necessary for the preservation of the general

welfare of the Reservation population to ensure that the 2023 General Election can occur in

accordance with the requirements of the Election law.

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

adoption of the amendment to the Election law would be contrary to public interest and the process

and requirements of the Legislative Procedures Act cannot be completed in time to allow a date to

be selected for the 2023 General Election that provides the Oneida Election Board enough time to

properly plan and prepare for the Nation to hold the 2023 General Election in July 2023.

The adoption of the emergency amendment to the Election law will take effect immediately upon

adoption by the Oneida Business Committee. The emergency amendment to the Election law will

remain effective for six (6) months. The Legislative Procedures Act provides the possibility to

extend the emergency amendment for an additional six (6) months, or until the emergency

amendment expires or is permanently adopted. [1 O.C. 109.9-5(b)].

Requested Action

Approve the Resolution: Emergency Amendment to the Election Law

Page 2 of 2

A good mind. A good heart A strong fire.

ONEIDA

Oneida Nation

24 of 62

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendment to the Election Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993

for the purpose of governing the procedures for the conduct of orderly elections of the

Nation, and was most recently amended by the General Tribal Council through resolution

GTC-04-23-17-A; and

WHEREAS,

the Oneida Election Board has requested emergency amendments to the Election law to

address the selection of the 2023 General Election date; and

WHEREAS,

section 102.9-1 of the Election law requires that the General Tribal Council select the date

of the general election at the annual meeting in January, or the first meeting held that year;

and

WHEREAS,

the Oneida Election Board provided expressed concern that there is the possibility that the

General Tribal Council will not be able to meet in January, or soon after, to select the 2023

General Election date; and

WHEREAS,

the proposed emergency amendment to the Law allows the Oneida Business Committee

to select the election date if the General Tribal Council is unable to meet to select the

election date by February 1st of a year; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months, renewable

for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the

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

population, and the amendment of the legislation is required sooner than would be possible

under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of the amendments to the Law are necessary for the preservation

of the general welfare of the Reservation population to ensure that the 2023 General

Election can occur in accordance with the requirements of the Election law; and

WHEREAS,

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

amendments would be contrary to public interest and the process and requirements of the

Legislative Procedures Act cannot be completed in time to allow a date to be selected for

25 of 62

BC Resolution _____________

Emergency Amendments to the Election Law

Page 2 of 2

the 2023 General Election that provides the Oneida Election Board enough time to properly

plan and prepare for the Nation to hold the 2023 General Election in July 2023; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency

amendment to the Election Law effective immediately.

26 of 62

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Emergency Amendment to the Election law

Summary

This resolution adopts an emergency amendment to the Election law to allow the Oneida Business

Committee to select the election date if the General Tribal Council is unable to meet to select the

election date by February 1st of a year. [1 O.C. 102.10-2].

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

Date: December 14, 2022

Analysis by the Legislative Reference Office

This resolution adopts an emergency amendment to the Election law. The Election law governs

the procedures for the conduct of orderly elections of the Nation, including pre-election activities

such as caucuses and nominations. [1 O.C. 102.1-1]. The emergency amendment to the Election

law will allow the Oneida Business Committee to select the election date if the General Tribal

Council is unable to meet to select the election date by February 1st of a year. [1 O.C. 102.10-2].

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) and 109.9-5(a)].

Section 102.9-1 of the Election law requires that the General Tribal Council select the date of the

general election at the annual meeting in January, or the first meeting held that year. The Oneida

Election Board expressed concern that there is the possibility that the General Tribal Council will

not be able to meet in January, or soon after, to select the 2023 General Election date, and asked

for emergency amendments to be made to the Election law to provide guidance on how this

concern should be handled.

The resolution provides that the emergency amendment to the Election law is necessary for the

preservation of the general welfare of the Reservation population to ensure that the 2023 General

Election can occur in accordance with the requirements of the Election law.

Additionally, observance of the requirements under the LPA for the adoption of the amendment to

the Election law would be contrary to public interest and the process and requirements of the

Legislative Procedures Act cannot be completed in time to allow a date to be selected for the 2023

General Election that provides the Oneida Election Board enough time to properly plan and prepare

for the Nation to hold the 2023 General Election in July 2023.

Page 1 of 2

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

27 of 62

The adoption of the emergency amendment to the Election law will take effect immediately upon

adoption by the Oneida Business Committee. The emergency amendment to the Election law will

remain effective for six (6) months. The LPA provides the possibility to extend the emergency

amendment for an additional six (6) months, or until the emergency amendment expires or is

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

Conclusion

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

Page 2 of 2

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

ONEIDA

28 of 62

Analysis to Emergency Draft 1

2022 12 28

ELECTION LAW EMERGENCY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of Emergency

Legislation

Analysis by the Legislative Reference Office

Allow the Oneida Business Committee to select the election date if the

General Tribal Council is unable to meet to select the election date by

February 1st of a year. [1 O.C. 102.9-1].

To govern the procedures for the conduct of orderly elections of the Nation,

including pre-election activities such as caucuses and nominations. [1 O.C.

102.1-1]

Oneida Nation Election Board, General Tribal Council, Oneida Business

Committee.

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Emergency legislation expires six (6) months after adoption and may be

renewed for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the

General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly

elections of the Nation. [1 O.C. 102.1-1].

B. Request for Emergency Amendments. On November 30, 2022, during the presentation of the Oneida

Election Board’s quarterly report, the Oneida Business Committee adopted a motion to request the

Legislative Operating Committee to take emergency action on the Election law to address concerns

identified in the event the 2023 Annual General Tribal Council meeting is not held. Section 102.9-1 of

the Election law requires that the General Tribal Council select the date of the general election at the

annual meeting in January, or the first meeting held that year. The Oneida Election Board expressed

concern that there is the possibility that the General Tribal Council will not be able to meet in January,

or soon after, to select the 2023 general election date, and asked for emergency amendments to be made

to the Election law to provide guidance on how this concern should be handled. The Legislative

Operating Committee determined these amendments should be pursued on an emergency basis for the

immediate preservation of the general welfare of the Reservation population.

SECTION 3. CONSULTATION AND OUTREACH

•

Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

 Oneida Election Board.

The Legislative Operating Committee has held the following work meetings specific to the proposed

emergency amendments to this Law:

Page 1 of 3

29 of 62

Analysis to Emergency Draft 1

2022 12 28



December 13, 2022: LOC work meeting.

SECTION 4. PROCESS

A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact an emergency legislation where legislation is necessary for the immediate

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

or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].

 The emergency adoption of amendments to this Law are necessary for the preservation of the

general welfare of the Reservation population in order to ensure that the 2023 General Election can

occur in accordance with the requirements of the Election law.

 Observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest and the process and

requirements of the Legislative Procedures Act cannot be completed in time to allow a date to be

selected for the 2023 General Election that provides the Oneida Election Board enough time to

properly plan and prepare for the Nation to hold the 2023 General Election in July 2023.

B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required when considering permanent adoption of this Law.

D. The Legislative Operating Committee added these emergency amendments to the Active Files List on

December 7, 2022.

SECTION 5. CONTENTS OF THE LEGISLATION

SECTION 6. EXISTING LEGISLATION

D. Selection of the Election Date. The Election law requires that the General Tribal Council shall set the

election date at the January annual meeting, or at the first GTC meeting held during a given year. [1

O.C. 102.9-1]. The proposed amendments add a provision to the Law which provides that if the General

Tribal Council is unable to meet to select the election date by February 1st, then the Oneida Business

Committee shall select the election date. [1 O.C. 102.9-1].

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption

of laws of the Nation which includes taking into account comments from members of the

Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

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

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

Page 2 of 3

30 of 62

Analysis to Emergency Draft 1

2022 12 28

The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of these proposed emergency amendments would conform with the

requirements of the Legislative Procedures Act.



SECTION 7. OTHER CONSIDERATIONS

A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law

expire six (6) months after adoption. The emergency legislation may be renewed for an additional six

(6) month period.

 Conclusion: The Legislative Operating Committee will need to determine if the adoption of these

amendments is necessary on a permanent basis, and if so, develop the permanent amendments to

this Law within the next six (6) to twelve (12) months.

B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

100

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

101

emergency legislation [1 O.C. 109.6-1].

102

Page 3 of 3

31 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

102.1.

102.2.

102.3.

102.4.

102.5.

102.6.

102.7.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

Candidate Eligibility

Selection of Candidates

Notice of Polling Places

102.8. Registration of Voters

102.9. Election Process

102.10. Tabulating and Securing Ballots

102.11. Election Outcome and Ties

102.12. Elections

102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy

102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an allowance

made for write-in candidates on ballots.

102.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all

procedures used in the election process.

102.2. Adoption, Amendment, Repeal

102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A., and

amended on an emergency basis by resolution BC-__-__-__-__.

102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to

the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding

amendments to this law and policies adopted regarding implementation of this law are to be

presented to the Business Committee who shall then adopt or forward action(s) to the General

Tribal Council for adoption.

102.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

102.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

102.3. Definitions

102.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding

holidays of the Nation.

102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to

support or reject a particular candidate of the Nation including, without limitation, advertising,

rallying, public speaking, or other communications with members of the Nation.

1 O.C. 102 – page 1

32 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is

placed on the ballot by the Election Board after successful application.

102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.

102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political

or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,

member of any board, committee or commission, or their immediate relatives, friends or

associates, or any other person with whom they have contact, that conflicts with any right of the

Nation to property, information, or any other right to own and operate its enterprises, free from

undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in

any law or policy of the Nation.

102.3-10. “Election” shall mean every primary and election.

102.3-11. “General election” shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Nation.

102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

102.3-15. “Nation” means the Oneida Nation.

102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by

the Nation for the benefit of transmitting news to members of the Nation, which is designated by

the Election Board as a source for election related news.

102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

police officer on any police force.

102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)

years of age or older.

102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating

machine.

102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.

102.4. Election Board

1 O.C. 102 – page 2

33 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

Section A. Establishment, Composition and Election

102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this

law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.

102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be

elected to terms of three (3) years, not to exceed two (2) consecutive terms.

102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an

Election Board member in any pre-election, election day, or post-election activities while he or

she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest.

102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member

who is removed from the Election Board shall be ineligible to serve on the Board for three (3)

years from the time he or she is removed from the Election Board.

102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the

Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed

to correspond with the pre-election activities and the needs of the Election Board.

102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.

102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to

the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.

102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in

the By-laws of the Election Board, to preside over the meetings. This selection shall be carried

out at the first meeting of the Election Board following an election. The Chairperson shall then

ask the Election Board to select a Vice-Chairperson and Secretary.

Section B. Duties of the Election Board

102.4-9. The Election Board shall have the following duties, along with other responsibilities listed

throughout this law.

(a) The Election Board shall be in charge of all registration and election procedures; and

(b) Upon completion of an election, the Election Board shall make a final report on the

election results as set out in this law.

Section C. Specific Duties of Officers and Election Board Members

102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to

being present at all Election Board meetings and assisting the handicapped through the voting

process, are as set out herein:

(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing

body for applicants found to be ineligible in accordance with 102.5-6 in the event of an

appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust

Enrollment Department personnel when their election day duties are complete; and shall

post and report election results.

(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.

Secretary, other Election Board members and the public as required in the Open Records

and Open Meetings Law.

(d) Clerks: Shall implement the requirements of identifying and registering all voters and

determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment

1 O.C. 102 – page 3

34 of 62

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

Draft 1 for OBC Emergency Consideration

2022 12 28

Department personnel in the registration process, and assist the Chairperson as directed in

conducting the election. Clerks cannot be currently employed by the Trust Enrollment

Department.

(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as

determined by this law. Shall assist the Chairperson in conducting the election.

(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted

under this law. In case of disputes among Election Board members, or between members

of the Nation and Election Board members, or any controversy regarding voter eligibility,

the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall

also ensure that all ballots of voters whose eligibility may be in question, remain

confidential.

Section D. Compensation Rates

102.4-11. Election Board members are to be compensated at an hourly rate when conducting

elections as provided for in the Election Board’s bylaws as approved by the Business Committee.

The Election Board shall have a budget, approved through the Nation’s budgeting process.

102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be

compensated at their regular rate of pay out of their respective budgets.

102.5. Candidate Eligibility

Section A. Requirements

102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section

in order to become a candidate.

102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:

(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.

(b) be a qualified voter on the day of the election.

been nominated or for which they have petitioned. Proof of residency may be through one

(1) or more of the following:

(1) a valid Wisconsin driver’s license;

(2) a bill or pay check stub showing name and physical address of the candidate

from the prior or current month;

(3) another form of proof that identifies the candidate and that the candidate has

physically resided at the address and identifies that address as the primary

residence.

102.5-3. No applicant may have a conflict of interest with the position for which they are being

considered, provided that any conflict of interest which may be eliminated within thirty (30)

calendar days of being elected shall not be considered as a bar to nomination or election.

102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be

filed by presenting the information to the Nation’s Secretary, or designated agent, during normal

business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus.

No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted.

102.5-5. The names of the candidates and the positions sought shall be a public record and made

available to the public upon the determination of eligibility by the Election Board or the Board’s

1 O.C. 102 – page 4

35 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

designated agent.

Section B. Eligibility Review

102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.

At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall

select the hearing body. The hearing shall be held within two (2) business days of receipt of the

appeal. The applicant shall be notified by phone of time and place of the hearing. The decision

of the hearing body shall be sent via certified mail or hand delivery within two (2) business days

of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the

Judiciary on an accelerated schedule.

102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to

verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position

shall be notified by certified mail return receipt requested. The notice shall provide the following

information:

(a) Position for which they were considered

(b) Qualification of the position and citation of the source. (Copies of source may be

attached.)

(d) That the applicant has two (2) business days from notification to make an appeal.

Appeals must be filed at the location designated on the notice by hand delivery. The

location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or

other delivery method will be accepted.

Section C. Campaign Financing

102.5-8. Contributions:

(a) Solicitation of Contributions by Candidates.

(1) Candidates shall only accept contributions from individuals who are members

of the Nation or individuals related by blood or marriage to the candidate.

Candidates may not accept contributions from any business, whether sole

proprietorship, partnership, corporation, or other business entity.

(2) Candidates shall not solicit or accept contributions in any office or

business/facility of the Nation.

(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business Committee.

102.5-9. Campaign Signs and Campaigning:

(a) Placement of campaign signs:

(1) Campaign signs shall not be posted or erected on any property of the Nation

except for private property with the owner/tenant’s permission.

(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum

of seven (7) such signs may be placed on a building or on a lot.

(3) No campaign sign shall project beyond the property line into the public right

of way.

(b) Removal of campaign signs. All campaign signs shall be removed within five (5)

business days after an election.

1 O.C. 102 – page 5

36 of 62

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

Draft 1 for OBC Emergency Consideration

2022 12 28

during work hours. The Nation’s employees shall be subject to disciplinary action under

the personnel policies and procedures for political campaigning during work hours.

(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign

signs that are not in compliance with this law, in accordance with the Zoning and Shoreland

Protection Law.

(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business Committee.

Section D. Candidate Withdrawal

102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by

the candidate prior to submission of the ballot for printing to any Election Board member,

excluding alternates.

102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the

election by submitting in writing a statement indicating they are withdrawing from the election

prior to the opening of the polls to any Election Board member, excluding alternates. This

statement shall be posted alongside any sample ballot printed prior to the election in the newspaper

or any posting at the polling places.

102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the

Election Board members in charge of the polling place, to be removed from the ballot. The written

statement shall be posted next to any posted sample ballot.

102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from

which they have withdrawn regardless of the number of votes cast for that candidate. A written

statement shall be considered the only necessary evidence of withdrawal and acceptance of denial

of any position withdrawn from.

102.5-14. Candidate Withdrawal After Winning an Election.

(a) In the event a candidate declines an office after winning an election, the Election Board

shall declare the next highest vote recipient the winner. This procedure shall be repeated

as necessary until a winner is declared.

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

2.6. Selection of Candidates

Section A. Setting of Caucus

102.6-1. The Election Board shall be responsible for calling a caucus before any election is held.

The caucus for the general election shall be held at least ninety (90) calendar days prior to the

election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior

to the election date. In a general election year, caucuses shall be combined so that candidates for

the Business Committee and elected boards, committees and commissions are nominated at the

same caucus.

102.6-2. The procedures for the caucus shall be as follows:

(a) Candidates shall be nominated from the floor.

(b) Candidates present at the caucus will accept/decline their nomination at the caucus.

Candidates nominated at the caucus, but not present to accept the nomination, shall be

required to follow the petition process.

1 O.C. 102 – page 6

37 of 62

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

Draft 1 for OBC Emergency Consideration

2022 12 28

Treasurer, Secretary, Council Member and other elected positions as required by by-laws

or creating documents of a board, committee, or commission.

Section B. Petition

102.6-3. Any eligible member of the Nation may petition to be placed on a ballot according to the

following procedures:

(a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s

original signatures; photocopies shall not be accepted.

(b) Petitioners shall use an official petition form as designated by this law which may

be obtained in the Office of the Nation’s Secretary or from the mailing for that caucus.

(1) printed name and address;

(2) date of birth;

(3) Oneida Nation Enrollment Number; and

(4) signature.

(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as

defined under this law.

(e) Petitions shall be presented to the Nation’s Secretary, or designated agent, during

normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to

close of business five (5) business days after the caucus. The location to drop-off

petitions shall be identified in the mailing identifying the caucus date.

(f) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson

the next business day following the close of petition submissions.

(g) The Election Board shall have the Trust Enrollment Department verify all

signatures contained on the petition.

102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a

judicial court or commission, shall not run for more than one (1) elective office or seat per election.

102.7. Notice of Polling Places

102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of

the polling places and the time the polls will be open. This notice shall also be posted in an easily

visible position, close to the entrance of the Nation’s businesses/facilities.

102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the

election, and shall remain posted until the poll closes on the day of the election.

102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation

members, stating the time and place of the election and a sample of the ballot, no less than ten (10)

calendar days prior to the election, through a mass mailing. The Trust Enrollment Department

shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior

to the requested mailing.

102.7-4. Notice of the election shall be placed in the Nation’s newspaper.

102.8. Registration of Voters

Section A. Requirements

102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years

1 O.C. 102 – page 7

38 of 62

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

Draft 1 for OBC Emergency Consideration

2022 12 28

of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the

Oneida Nation Constitution.

Section B. Identification of Voters

102.8-2. All voters must present one of the following picture identifications in order to be able to

vote:

(a) Oneida Nation I.D.

(b) Drivers License.

Section C. Registration Procedures

102.8-3. Voters shall physically register, on the day of the election, at the polls.

102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment

with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election

Officials during the voting period.

102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration

Form containing the voter’s following information:

(a) name and maiden name (if any);

(b) current address;

(d) enrollment number.

Section D. Qualification/Verification of Voter Eligibility

102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,

the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with

the Trust Enrollment Department personnel who are registering voters, to decide the voting

member’s eligibility currently being questioned and shall make such decisions from the facts

available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation

Constitution, Article III Section 2, to vote in the Nation’s elections.

102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be

placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of

the voter shall be written next to a numbered list which corresponds to the numbered and sealed

envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box

413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they

desire to challenge the decision made by the Election Officials. The Election Board shall make a

final decision, within five (5) business days of receiving the appeal and shall report this decision

in the final report sent to the Oneida Business Committee.

102.9. Election Process

Section A. Polling Places and Times

102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections

shall be held in the month of July on a date set by the General Tribal Council. The General Tribal

Council shall set the election date at the January annual meeting, or at the first GTC meeting held

during a given year. If the General Tribal Council is unable to meet to select the election date by

1 O.C. 102 – page 8

39 of 62

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

Draft 1 for OBC Emergency Consideration

2022 12 28

February 1st, then the Oneida Business Committee shall select the election date. Special Elections

shall be set in accordance with 102.12-6.

102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election

Board.

102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line

to vote at 7:00 p.m. shall be allowed to vote.

(a) If a ballot counting machine is used, the ballot counting machine shall be prepared

prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four

(4) members of the Nation verify, through signature on the tape, the ballot box is empty

and the ballot counting machine printer tape has a zero (0) total count.

102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,

and until the counting of ballots is completed, and tentative results posted.

102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such

that there is an area with at least two sides and a back enclosure.

102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of

the voting area, excluding private property.

102.9-7. No one causing a disturbance shall be allowed in the voting area.

102.9-8. Election Board members may restrict the voting area to qualified voters only. This

restriction is in the interest of maintaining security of the ballots and voting process.

Section B. Ballot Box

102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and

shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,

the ballots may be placed within the ballot counting machine as they are received.

Section C. Spoiled Ballots

102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.

102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials

and placed in an envelope marked as "Spoiled Ballots."

102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)

calendar days following finalization of any challenge of the election, at the Records Management

Department.

Section D. Rejected Ballots

102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.

(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the

authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final

computer total, provided that, a new ballot was not received as set out in sections 102.9-10

through 102.9-12.

(b) Ballots rejected, either during the computer process or during a manual counting, shall

be reviewed by the Election Officials to verify that they are authentic. If the Election

Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the

ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.”

102.10. Tabulating and Securing Ballots

1 O.C. 102 – page 9

40 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

Section A. Machine Counted Ballots

102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate

from the ballot counting machine copies of the election totals from the votes cast.

102.10-2. At least six (6) Election Board members shall sign the election totals, which shall

include the tape signed by the members of the Nation before the polls were opened per section

102.9-3(a).

Section B. Manually Counted Ballots

102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the

ballot box and remove the ballots.

102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall

be secured in a sealed container for transportation to the ballot counting location. The sealed

ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election

Officials for counting/tallying of ballots.

102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and

witnessed/monitored by an Oneida Police Officer.

102.10-6. Ballots must be counted by two different Election Officials until two final tallies are

equal in back to back counting. Final tallies shall be verified by the Election Judges.

Section C. Securing Ballots

102.10-7. The Judges shall place together all ballots counted and secure them together so that they

cannot be untied or tampered with without breaking the seal. The secured ballots, and the election

totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container

in such a manner that the container cannot be opened without breaking the seals or locks, or

destroying the container. The Oneida Police Officer shall then deliver, on the day of the election,

the sealed container to the Records Management Department for retaining.

102.11. Election Outcome and Ties

Section A. Election Results Announcement

102.11-1. The tentative results of an election shall be announced and posted by the Election Board

within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain

the following statement:

"The election results posted here are tentative results. Final election results are forwarded

by the Oneida Election Board to the Oneida Business Committee via a Final Report after

time has lapsed for recount requests, or challenges or after all recounts or challenges

have been completed, whichever is longer”

102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s

newspaper, the tentative results of an election.

Section B. Tie

102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to

determine the outcome of an election, the Election Board shall conduct an automatic recount of

the votes for each candidate receiving the same number of votes. Any recount conducted shall be

the only recount allowed for the tied candidates.

102.11-4. For Business Committee positions, a run-off election between the candidates with the

1 O.C. 102 – page 10

41 of 62

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

Draft 1 for OBC Emergency Consideration

2022 12 28

same number of votes shall be held if there remains a tie after the recount. Said run-off election

shall be held within twenty one (21) calendar days after the recount. For all other positions, if

there remains a tie after the recount, the Election Board shall decide the winner of the tied positions

at least two (2) business days after, but no more than five (5) business days after the recount

through a lot drawing, which shall be open to the public.

(a) The Election Board shall notify each of the tied candidates and the public of the date,

time, and place of the drawing at least one (1) business day before the drawing. Notice to

the tied candidates shall be in writing. Notice to the public shall be posted by the Election

Board in the prominent locations.

(b) On the date and at the time and place the drawing was noticed, the Election Board

Chairperson shall clearly write the name of each tied candidate on separate pieces of paper

in front of any witnesses present. The pieces of paper shall be the same, or approximately

the same, color, size, and type. The papers shall be folded in half and placed in a container

selected by the Election Board Chairperson.

from the container. The candidate whose name is drawn from the container first shall be

declared the winner. An Election Board member other than the Chairperson shall remove

the remaining pieces of paper from the container and show them to the witnesses present.

Section C. Recount Procedures

102.11-5. A candidate may request the Election Board to complete a recount, provided the margin

between the requesting candidate’s vote total and vote total for the unofficial winner was within

two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is

greater. A candidate requests a recount by hand delivering a written request to the office of the

Nation’s Secretary, or noticed designated agent, within five (5) business days after the election.

Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact

the Election Board Chairperson by the next business day after the request for recounts.

102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the

request regarding the results of the recount. Provided that, no recount request need be honored

where there have been two (2) recounts completed as a result of a request either as a recount of the

whole election results, or of that sub-section.

102.11-7. All recounts shall be conducted manually with, if possible, the original Election

Officials and Oneida Police Officer present, regardless of the original type of counting process.

Manual recounts may, at the discretion of the Election Officials, be of the total election results, or

of the challenged sub-section of the election results.

102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed

container with the ballots from the Records Management Department and transporting it to the

ballot recounting location.

102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three

(3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election

Board Chairperson and an Oneida Police Officer shall witness the recount.

102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be

counted until two (2) final tallies are equal in back to back counting and the total count of ballots

reconciles with the total count from the ballot counting machine. Sub-sections of candidates may

be recounted in lieu of a full recount.

1 O.C. 102 – page 11

42 of 62

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

Draft 1 for OBC Emergency Consideration

2022 12 28

(a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be

counted twice by different persons and certified by the Judges.

(b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior

to using an electronic ballot counting device, it shall be certified as correct either by the

maker, lessor of the machine, or Election Board.

Section D. Challenges and Declaration of Results

102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a

complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall

hear and decide a challenge to any election within two (2) business days after the challenge is filed.

Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after

the issuance of the lower body’s decision and decided within two (2) business days after the appeal

is filed.

(a) The person challenging the election results shall prove by clear and convincing

evidence that the Election Law was violated or an unfair election was conducted, and that

the outcome of the election would have been different but for the violation.

(b) If the Judiciary invalidates the election results, a Special Election shall be ordered by

the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon

as the Election Law allows for a Special Election.

102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s

Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges

have been completed, whichever is longer. The Final Report shall consist of the following

information:

(a) Total number of persons voting.

(b) Total votes cast for each candidate by subsection of the ballot.

(d) List of candidates elected and position elected to.

(e) Number of spoiled ballots.

(f) Cost of the election, including the compensation paid to each Election Board member.

102.11-13. Declaration of Results. The Business Committee shall declare the official results of

the election and send notices regarding when the swearing in of newly elected officials shall take

place within ten (10) business days after receipt of the Final Report.

102.11-14. Candidates elected to the Business Committee shall resign from any salaried position

effective prior to taking a Business Committee oath of office

102.11-15. Except in the event of an emergency, as determined by the Business Committee,

newly elected officials shall be sworn into office no later than thirty (30) calendar days after the

official results of an election are declared by the Business Committee.

(a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall

be considered vacant and the Election Board shall declare the next highest vote recipient

the winner. This procedure shall be repeated as necessary until a winner is declared.

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

102.11-16. The Election Board shall send notice to the Records Management Department to

destroy the ballots thirty (30) calendar days after the election or after the final declaration of official

election results occurs, whichever is longer.

1 O.C. 102 – page 12

43 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

571

572

573

574

575

102.12. Elections

Section A. Primary Elections; Business Committee

102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty

(60) calendar days prior to the election.

102.12-2. There shall be a primary election for Business Committee positions whenever there are

three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions.

(a) The two (2) candidates receiving the highest number of votes cast for each officer

position shall be placed on the ballot.

(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large

council member positions shall be placed on the ballot.

shall include all candidates where the tie exists.

102.12-3. The Election Board shall cancel the primary election if the Business Committee

positions did not draw the requisite number of candidates for a primary by the petitioning deadline

set for the primary.

102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a

winner in the primary, the Election Board shall declare the next highest primary vote recipient the

primary winner. This procedure shall be repeated as necessary until the ballot is full or until there

are no available candidates. If the ballot has already been printed, the procedures for notifying the

Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to

print a notice in the Nation’s newspaper if time lines allow.

Section B. Special Elections

102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as

defined in this law, may be placed on the same ballot as the subject matter of an election.

102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business

Committee as recommended by the Election Board or as ordered by the Judiciary in connection

with an election challenge.

102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent

locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the

Special Election.

102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided

that no less than twenty-four (24) hours notice of the rescheduled election date is given to the

voters, by posting notices in the prominent locations.

Section C. Referendums

102.12-9. Registered voters may indicate opinions on any development, law or resolution,

proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special

referendum election.

(a) Referendum elections in which a majority of the qualified voters who cast votes shall

be binding on the Business Committee to present the issue for action/decision at General

Tribal Council.

(b) Referendum requests may appear on the next called for election.

1 O.C. 102 – page 13

44 of 62

576

577

578

579

580

581

582

583

584

585

586

587

588

589

590

591

592

593

594

595

596

597

598

599

600

601

602

603

604

605

606

607

608

609

610

611

612

613

614

615

616

617

618

619

620

Draft 1 for OBC Emergency Consideration

2022 12 28

caucus prior to election, regarding issues directly affecting the Nation or general

membership.

Section D. Initiation of Special Elections

102.12-10. Special Elections may be initiated by a request or directive of the General Tribal

Council or the Oneida Business Committee.

102.12-11. Special Election may be requested by a member of the Nation to the Business

Committee or General Tribal Council.

102.12-12. All Special Elections shall follow rules established for all other elections. This includes

positions for all Boards, Committees and Commissions.

102.13. Oneida Nation Constitution and By-law Amendments

102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida

Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition

of qualified voters. The requirements for the Oneida Business Committee’s initiation of

Constitutional amendments are as provided in the Constitution and as further detailed in the

supporting standard operating procedures which the Oneida Business Committee shall adopt.

Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting

a petition to the Office of the Nation’s Secretary which includes the full text of the proposed

amendments and signatures that are equal in number to at least ten percent (10%) of all members

qualified to vote.

(a) Qualified voters may request a petition form from the Office of the Nation’s Secretary.

(b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall

direct the Trust Enrollment Department to calculate the number of signatures currently

required for a petition submittal, which shall be ten percent (10%) of all members qualified

to vote on the date the petition form is requested from the Office of the Nation’s Secretary.

When the Nation’s Secretary receives the calculation from the Trust Enrollment

Department, the Nation’s Secretary shall provide the requester with the petition form and

the number of signatures that are currently required.

minimum of ninety (90) days prior to the election at which the proposed amendment is to

be voted upon. If a petition includes supporting materials in addition to the petition form,

each qualified voter signing the petition shall also acknowledge that the supporting

materials were available for review at the time he or she signed the petition by initialing

where required on the petition form.

(d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment

Department for verification of signatures and to the Election Board to provide notice that

the petition may need to be placed on an upcoming ballot.

(e) If the petition is verified by the Trust Enrollment Department to contain signatures from

at least ten percent (10%) of all qualified voters, the Election Board shall make an official

announcement of the proposed amendments to the Oneida Nation Constitution at least sixty

(60) days prior to the election at which the proposed amendments are to be voted on.

102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation

Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general

1 O.C. 102 – page 14

45 of 62

621

622

623

624

625

626

627

628

629

630

631

632

633

634

635

636

637

638

639

640

641

642

643

644

645

646

647

648

649

650

651

652

653

654

655

656

657

658

659

660

661

Draft 1 for OBC Emergency Consideration

2022 12 28

election. Provided that, the Oneida Business Committee or General Tribal Council may order a

special election be held to consider the proposed amendments. In such circumstances, the Election

Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the

next special election.

102.13-3. The Election Board shall publish any proposed amendments by publishing a sample

ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust

Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty

(20) calendar days prior to the requested mailing. Copies of such publications shall be prominently

posted in each polling place and at administrative offices of the Nation and shall also be published

in official Oneida media outlets, which the Oneida Business Committee shall identify by

resolution. For the purposes of this section, Oneida administrative offices means the location

where the Oneida Business Committee conducts business.

102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of

the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall

ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a

true and impartial statement and is written in such a manner that does not create prejudice for or

against the proposed amendment.

102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed

amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that

amendment shall become part of the Constitution and By-laws, and shall abrogate or amend

existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission

of the final election report.

102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the

amendment receiving the highest affirmation vote prevails.

End.

Adopted - June 19, 1993

Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda)

Presented for Adoption of 1997 Revisions - GTC-7-6-98-A

Amended- October 11, 2008 (General Tribal Council Meeting)

Amended-GTC-01-04-10-A

Amended – BC-02-25-15-C

Amended – GTC-04-23-17-A

Emergency Amended – BC-03-17-20-B

Emergency Amended – BC-05-13-20-H

Emergency Amended – BC-06-24-20-B (Expired at Conclusion of 2020 General Election)

Emergency Amended – BC-04-28-21-B (Expired)

Emergency Amended – BC-07-13-22-E

Emergency Amended – BC-__-__-__-__

1 O.C. 102 – page 15

46 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

102.1.

102.2.

102.3.

102.4.

102.5.

102.6.

102.7.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

Candidate Eligibility

Selection of Candidates

Notice of Polling Places

102.8. Registration of Voters

102.9. Election Process

102.10. Tabulating and Securing Ballots

102.11. Election Outcome and Ties

102.12. Elections

102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy

102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an allowance

made for write-in candidates on ballots.

102.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all

procedures used in the election process.

102.2. Adoption, Amendment, Repeal

102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A, and

amended on an emergency basis by resolution BC-__-__-__-__.

102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to

the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding

amendments to this law and policies adopted regarding implementation of this law are to be

presented to the Business Committee who shall then adopt or forward action(s) to the General

Tribal Council for adoption.

102.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

102.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

102.3. Definitions

102.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding

holidays of the Nation.

102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to

support or reject a particular candidate of the Nation including, without limitation, advertising,

rallying, public speaking, or other communications with members of the Nation.

1 O.C. 102 – page 1

47 of 62

Draft 1 for OBC Emergency Consideration

2022 12 28

102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is

placed on the ballot by the Election Board after successful application.

102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.

102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political

or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,

member of any board, committee or commission, or their immediate relatives, friends or

associates, or any other person with whom they have contact, that conflicts with any right of the

Nation to property, information, or any other right to own and operate its enterprises, free from

undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in

any law or policy of the Nation.

102.3-10. “Election” shall mean every primary and election.

102.3-11. “General election” shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Nation.

102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

102.3-15. “Nation” means the Oneida Nation.

102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by

the Nation for the benefit of transmitting news to members of the Nation, which is designated by

the Election Board as a source for election related news.

102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

police officer on any police force.

102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)

years of age or older.

102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating

machine.

102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.

102.4. Election Board

1 O.C. 102 – page 2

48 of 62