Oneida Business Committee (2025)

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

March 5, 2025

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 19, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Sanctions and Penalties Law (pg. 4)

IV.

New Submissions

1. Oneida General Welfare Law Amendments (pg. 48)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

OODDDO

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

February 19, 2025

9:00 a.m.

Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon Skenandore

Excused: Jonas Hill

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

Others Present on Microsoft Teams: Debra Powless, Diane Wilson, Eric Boulanger, Kristal Hill,

Michelle Braaten, Nicole Rommel, Peggy Helm-Quest, Fawn Billie, Rae Skenandore, Kaylynn

Gresham, Barbara Webster, Justin Nishimoto, Tavia James-Charles, Janice Decorah, Fawn Cottrell,

Jason Martinez, Rhiannon Metoxen, Lisa Liggins.

I.

Call to Order and Approval of the Agenda

Jameson Wilson called the February 19, 2025, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jennifer Webster to approve the agenda; seconded by Marlon Skenandore.

Motion carried unanimously.

II.

Minutes to be Approved

1. February 5, 2025 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the February 5, 2025 LOC meeting minutes and

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

unanimously.

III.

Current Business

IV.

New Submissions

1. Election Law Amendments

Motion by Marlon Skenandore to add the Election law amendments to the Active Files List

with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.

V.

Additions

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GOOOQO;

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

Legislative Operating Committee Meeting Minutes of February 19, 2025

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VI.

Administrative Updates

1. Certification of Real Property Law Rule No. 3 – Easements

Motion by Jennifer Webster to certify the Real Property Law Rule No. 3 - Easements and

forward to the Oneida Business Committee for consideration; seconded by Marlon

Skenandore Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:11 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of February19, 2025

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee

March 5, 2025

Sanctions and Penalties Law

Submission Date: 10/15/14

LOC Sponsor: Jennifer Webster

Public Meeting: 10/4/18, 1/7/20

Emergency Enacted: n/a

Summary: This item has been carried over from the last three (3) terms. The original proposal was

to develop a new law which provides a consistent process for how members of the Oneida Business

Committee and other boards, committees and commissions face sanctions for misconduct. This law

would provide a process for complaints to be filed with the Judiciary against an elected member of a

board, committee, or commission of the Nation – including the Oneida Business Committee.

The development of a Sanctions and Penalties law was also addressed as a referendum. During the

Special Election held on July 9, 2016, the Nation's voting membership was asked to consider a

referendum question of "Should the BC develop a law which provides for sanctions and due process for

elected officials?" This referendum question was approved by a vote of one hundred and seventy-eight

(178) to fifty-nine (59), requiring this topic to come before the GTC for consideration and discussion.

On March 17, 2019, the Sanctions and Penalties law was presented to the General Tribal Council for

consideration. The General Tribal Council adopted a motion to defer this item for at least sixty (60) days

for GTC to have additional time to consider it and have input. As a result of General Tribal Council’s

directive, the LOC held six (6) additional community outreach events – in various locations around the

Reservation as well as in Milwaukee. The LOC intended to include this item on the July 2020 SemiAnnual General Tribal Council meeting agenda before all General Tribal Council meetings were

canceled due to COVID-19.

10/15/14 LOC: Motion by Tehassi Hill to add the OBC Sanctions Policy to the Active Files List; seconded

by Jennifer Webster. Motion carried unanimously.

11/5/14 LOC: Motion by Jennifer Webster to forward the BC Sanctions and Penalties to an LOC work

meeting, with invitations to be sent to the rest of the Oneida Business Committee; seconded

by Fawn Billie. Motion carried unanimously.

1/15/15:

Work meeting held. Attendees include: Candice Skenandore, Danelle Wilson, Tani Thurner,

Fawn Billie, Fawn Cottrell, Jennifer Webster, RC Metoxen, Brandon Stevens, Tehassi Hill,

Jacob Metoxen, Melinda Danforth.

10/19/16:

Quarterly Sponsor Update Meeting. Present: Brandon Stevens, Jennifer Falck, Clorissa

Santiago, Maureen Perkins, and Tani Thurner. Tehassi wants to meet with LOC Chair to

discuss how this item relates to the Code of Ethics. That meeting is scheduled for 11/10/16.

11/10/16:

Work Meeting held. Present: Tehassi Hill, Tani Thurner, Clorissa Santiago, Brandon Stevens,

Jennifer Falck. Group agreed that we need a work meeting to discuss; Sanctions & Penalties,

Comprehensive Policy, Removal Law(s), and Code of Ethics.

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

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11/29/16:

Work Meeting held. Present: Fawn Billie, Brandon Stevens, Clorissa Santiago, Tehassi Hill,

Tani Thurner, Jenny Webster, David Jordan, Jo Anne House, Candice Skenandore, Lisa

Liggins, Jen Falck. Meeting was facilitated by Jessica Wallenfang. This was a facilitated

meeting designed to discuss; Sanctions & Penalties, Removal, Code of Ethics, and

Comprehensive Policy simultaneously. The group reviewed each law or draft for similarities,

and discussed shared elements. The group asked that 1) the LRO complete that work, 2) then

check with Jenny Webster as the sponsor of Comprehensive Policy, and 3) schedule another

work meeting.

2/15/17 LOC: Motion by Jennifer Webster to upgrade the Domestic Animals Ordinance Amendments, the

Children’s Code, Code of Ethics Amendments, and the Sanctions and Penalties Law from

medium priority to high priority; seconded by Tehassi Hill. Motion carried unanimously.

2/17/17:

Work meeting held. Attendees include Fawn Billie, Jennifer Falck, Leyene Orosco, Brandon

Stevens, Tani Thurner, Jennifer Webster, Tehassi Hill, Candice Skenandore, Cathy

Bachhuber

5/2/17:

Work meeting held. Attendees include Fawn Billie, Jennifer Falck, Brandon Stevens, Tani

Thurner, Jennifer Webster, Tehassi Hill, David P. Jordan, Danelle Wilson, Jo Anne House

5/5/17:

Work meeting held. Attendees include Jennifer Webster, Jennifer Falck, and Tani Thurner.

6/7/17 LOC:

Motion by Fawn Billie to forward the Sanctions and Penalties Law to the Legislative

Reference Office for a legislative analysis to be brought back for the July 5, 2017 LOC

meeting; seconded by David P. Jordan. Motion carried unanimously.

7/7/17:

Work meeting held. Present: Steve Webster, Tani Thurner, Jen Falck, Candice Skenandore

7/19/17 LOC: Motion by Jennifer Webster to accept the memo regarding the Sanctions & Penalties

Legislative Analysis and direct the LRO to bring the analysis back when it’s complete;

seconded by David P. Jordan. Motion carried unanimously.

Note: it is the recommendation of the Legislative Operating Committee that when this item is

presented to the Business Committee, that the Business Committee then present this item to

General Tribal Council.

7/26/17 OBC: Motion by Tehassi Hill to accept the legal opinion regarding development of a law which

provides for sanctions and due process for elected officials, seconded by Brandon Stevens.

Motion carried unanimously.

9/6/17 LOC:

Motion by Ernest Stevens III to add Sanctions and Penalties Law to the active files list with

Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion carried

unanimously.

9/6/17:

Work Meeting. Present: David P. Jordan, Jenny Webster Ernest Stevens III, Jennifer Falck,

Clorissa Santiago, Candice Skenandore, Maureen Perkins, Tani Thurner. Drafting attorney

provided an update on the status of the Sanctions and Penalties law. Next steps will be: 1)

pull the current draft back, 2) hold community meetings to understand what

sanctions/penalties the community is interested in, 3) meeting with the

boards/committees/commissions for input, and 4) holding work meeting with LOC to make

policy decisions and choose next steps.

11/1/17 LOC: Motion by Kirby Metoxen to approve the 60 day active files list update and continue

development of all the items on the active files list; seconded by Ernie Stevens III. Motion

carried unanimously.

11/1/17:

Work Meeting. Present: Carol Silva, Bonnie Pigman, Ed Delgado, Rachel Hill, Matthew

Denny, Reynold Danforth, Kirby Metoxen, Rosa Laster, Clorissa Santiago, Candice

Skenandore, Maureen Perkins, Jennifer Falck. Representatives from all the B/C/C’s were

invited to this meeting to provide input on what a Sanctions & Penalties Law might look like.

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

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12/6/17:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Daniel Guzman King, Clorissa Santiago, Jennifer Falck. The LOC reviewed and

considered comments from the November 1, 2017, work meeting with boards, committees,

and commissions. LOC began making policy decisions. Drafter will work on draft, and policy

options, and bring materials back to LOC when ready.

3/9/18:

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

Santiago, Brandon Wisneski, Rosa Laster, Laura Laitinen-Warren. LOC reviewed the first

draft of the law, and directed that the LRO schedule a community meeting, with a special

invitation to members of boards, committees, and commissions, to discuss the proposed law.

3/16/18:

Work Meeting: Present: David P. Jordan, Jennifer Webster, Daniel Guzman, Ernest Stevens

III, Clorissa Santiago, Brandon Wisneski, Cathy Bachhuber, Rosa Laster. The LOC reviewed

the potential date for the community meeting, and directed the drafting attorney to schedule

the community meeting for May 3, 2018, and to ensure the notice is published in the

Kalihwisaks twice, an appointment is sent to all members of the LOC and boards,

committees, and commissions, and that the Communications Department is included in the

appointment so they can make efforts to communicate notice of the event.

4/2/18 LOC:

Motion by Jennifer Webster to accept the draft of the Sanctions and Penalties law and direct

that a community meeting/potluck be held on May 3, 2018; seconded by Daniel Guzman

King. Motion carried unanimously.

4/26/18:

Work Meeting: Present: Clorissa Santiago, Brandon Wisneski, Jennifer Falck. This was an

LRO prep meeting to prepare a plan for the upcoming community meeting.

4/27/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman

King, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Rosa Laster, Cathy Bachhuber,

Tani Thurner. The purpose of this work meeting was to prepare for the upcoming community

meeting.

5/2/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Jennifer Falck, David P.

Jordan, Jennifer Webster. The LOC continued to prepare and discuss the upcoming

community meeting.

5/3/18:

Community Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest

Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Maureen Perkins, Carol

Silva, Chad Wilson, Janice McLester, Gina Buenrostro, Winnifred Thomas, Brooke Doxtator,

Ed Delgado, Oyanolu Adams, Michelle Braaten, Mark Powless, Cathy L. Metoxen, Carole

Liggins, Madelyn Genskow. The purpose of this community meeting was to gain input on the

proposed Sanctions and Penalties law.

5/11/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens

III, Daniel Guzman, Clorissa Santiago, Brandon Wisneski, Jennifer Falck. The purpose of

this work meeting was to review the comments received during the community meeting, and

to determine if any revisions should be made to the law. The drafting attorney will update the

draft of the law based on this discussion.

5/16/18:

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

Metoxen, Ernest Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Laura

Laitinen-Warren. The purpose of this work meeting was to review and discuss the revisions

to the draft made based on comments collected from the community meeting. Drafting

attorney will update the draft.

6/6/18/ LOC: Motion by Jennifer Webster to accept the draft of the Sanctions and Penalties law and direct

that a legislative analysis be completed; seconded by Ernest Stevens III. Motion carried

unanimously.

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

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7/9/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Brooke Doxtator. The purpose

of this work meeting was to review the BCSO’s involvement in the Sanctions and Penalties

law to ensure their role can be implemented as required by law.

7/18/18 LOC: Motion by Kirby Metoxen to accept the legislative analysis for the Sanctions and Penalties

Law and defer to a work meeting; seconded by Daniel Guzman King. Motion carried

unanimously.

8/1/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens

III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Kristen Hooker. The purpose of this

work meeting was to review and consider the legislative analysis.

8/15/18 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Sanctions

and Penalties Law to a public meeting to be held on September 20, 2018; seconded by Kirby

Metoxen. Motion carried unanimously.

Subsequent Motion by Jennifer Webster to forward the Sanctions & Penalties Law to the

Finance Office for a fiscal analysis to be completed; seconded by Kirby Metoxen. Motion

carried unanimously.

9/10/18:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Jennifer Falck, Clorissa

Santiago, Brandon Wisneski, Kristen Hooker, Cathy Bachhuber, Maureen Perkins. The

purpose of this work meeting was to discuss the fact that the September 20, 2018 public

meeting on the proposed law will have to be canceled due to the Kalihwisaks failing to

publish the public meeting notice in the September 6, 2018, edition. The LOC determined the

next steps for moving the public meeting forward – an e-poll of an updated public meeting

notice will be completed and the appointment that was sent out changed to reflect the new

date.

E-poll conducted.

9/19/18 LOC: Motion by Daniel Guzman King to enter the e-poll results into the record; seconded by

Jennifer Webster. Motion carried unanimously.

10/4/18:

Public Meeting Held.

10/17/18 LOC: Motion by Jennifer Webster to accept the public meeting memo comments and public

meeting comment review memorandum and defer to a work meeting; seconded by Daniel

Guzman King. Motion carried unanimously.

10/17/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker, Rosa Laster.

The purpose of this work meeting was for the LOC to begin reviewing and considering the

public comments that were received, and to make determinations on what revisions to the

Law are necessary.

10/25/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker. The purpose of

this work meeting was for the LOC to continue reviewing and considering the public

comments that were received, and to make determinations on what revisions to the Law are

necessary. LRO will update the draft for the next LOC packet so a fiscal analysis can be

requested.

11/7/18 LOC: Motion by Jennifer Webster to accept the public comment review memorandum and the

updated draft; seconded by Daniel Guzman King. Motion carried unanimously.

11/30/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman,

Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review

and approve the fiscal impact statement request memorandum to the Finance Department,

and begin discussing a plan for the completion of this item.

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

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12/5/18 LOC: Motion by Jennifer Webster to accept the updated legislative analysis, including the

replacement of page 159 in the packet; seconded by Kirby Metoxen. Motion carried

unanimously.

Motion by Kirby Metoxen to approve the fiscal impact statement memorandum and forward

to the Finance Department directing that a fiscal impact statement of the proposed Sanctions

and Penalties law be prepared for inclusion on the January 2, 2019 Legislative Operating

Committee meeting agenda; seconded by Daniel Guzman King. Motion carried

unanimously.

12/20/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Randall Cornelius. The

purpose of this work meeting was to discuss traditional ways Oneida has sanctioned its

leaders.

1/2/19:

Work Meeting. Present: Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel

Guzman, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to review the adoption packet and discuss any changes that should be made.

LRO will update all adoption materials.

1/7/19 LOC:

Motion by Kirby Metoxen to approve the adoption packet for the proposed Sanctions and

Penalties Law and forward to the Oneida Business Committee for inclusion on the

tentatively scheduled February 24, 2019 General Tribal Council meeting agenda for the

General Tribal Council’s consideration of adoption; seconded by Ernest Stevens III. Motion

carried unanimously.

1/24/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman,

Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker, Maureen Perkins. The purpose of

this work meeting was to review and discuss an article to be included in the 2/7 Kalihwisaks

edition.

1/29/19:

E-Poll conducted.

2/4/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck, Nathan

Wisneski, Xavier Horkman. The purpose of this work meeting was to discuss the creation of

a promotional video for the Sanctions and Penalties law.

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman,

Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review

and discuss the script for the Sanctions and Penalties law PowerPoint presentation. The LOC

also discussed filming a promotional video for the Sanctions and Penalties law.

2/6/19 LOC:

Motion by Jennifer Webster to enter the results of the January 29, 2019 e-poll entitled “Epoll Request: Sanctions and Penalties Law February 7, 2019 Kalihwisaks Article” into the

record; seconded by Kirby Metoxen. Motion carried unanimously.

2/6/19:

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

Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker, Maureen Perkins. The purpose of

this work meeting was to practice the PowerPoint presentation for the upcoming GTC

meeting, as well as review and approve the script for the promotional video.

2/8/19:

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

Clorissa N. Santiago, Phil Wisneski. The purpose of this work meeting was to film the

promotional video for the Sanctions and Penalties law.

2/14/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer

Falck, Clorissa N. Santiago, Brandon Wisneski, Cathy Bachhuber. The purpose of this work

meeting was to practice the PowerPoint presentation for the upcoming GTC meeting, as well

as review the “FAQ” sheet.

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

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2/20/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Daniel

Guzman, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker. The

purpose of this work meeting was to practice the PowerPoint presentation for the upcoming

GTC meeting, practice responding to potential questions, and review and approve the

Sanctions and Penalties law promotional video.

3/1/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to review and discuss the engagement with the informational video, practice the

LOC’s PowerPoint presentation, and prepare to answer potential questions that may be

asked at the upcoming GTC meeting.

3/15/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski, Maureen Perkins. The purpose of this work meeting was to

practice the LOC’s PowerPoint presentation and prepare to answer potential questions that

may be asked at the upcoming GTC meeting.

3/17/19 GTC: Motion by Cathy L. Metoxen to table this item for sixty (60) days. Motion ruled out of order

by Vice-Chairman Brandon Stevens; all the materials are available today in order to make a

decision

Motion by Becky Webster to adopt the resolution entitled Sanctions and Penalties Law on

pages 5 and 6 of the meeting packet; with the amendment to the law to limit those who have

standing to file a complaint to Tribal Members only. Seconded by Jamie Willis. Motion not

voted on; item deferred, see amendment.

Amendment to the main motion by Mike Debraska to defer item IV.A. for at least sixty (60)

days for GTC to have additional time to consider it and have input. Seconded by Tina

Danforth. Motion carried by show of hands.

3/20/19:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Daniel Guzman King, Jennifer

Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to

debrief on the 3/17 GTC meeting, and begin discussing a plan for how to move this law

forward, and the additional outreach we will conduct.

3/28/19:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Daniel Guzman King, Jennifer

Falck, Clorissa N. Santiago, Brandon Wisneski, Rosa Laster. The purpose of this work

meeting was to briefly discuss potential ideas for additional outreach videos that can be

made before this item is presented to the GTC again for consideration. Ernie expressed

interest in taking a larger role in the creation of development of these videos.

5/1/19:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Kirby Metoxen, Jennifer

Webster, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to discuss a plan for outreach events the LOC can hold, and a plan for when

this item might be presented to GTC again. The LRO was directed to move forward with

developing a Kalihwisaks article that discusses outreach and provides a schedule of the new

outreach dates.

6/13/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Destiny Prendiville, Laura

Laitinen-Warren. The purpose of this work meeting was to review the community outreach

notice that will be published in the Kalihwisaks and discuss the outreach plan.

6/19/19 LOC: Motion by Jennifer Webster to approve the community outreach notice for the Sanctions &

Penalties law with one noted change, and forward to the Kalihwisaks for publication in the

July 3, 2019 Kalihwisaks edition; seconded by Ernest Stevens III. Motion carried

unanimously.

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

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7/11/19:

Community Outreach Event. The Legislative Operating Committee held a community

outreach event at the Radisson Hotel and Conference Center. The LOC had a booth set up

with a poster of information as well as a flyer, copy of the law, and FAQs. LRO staff

members Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Destiny Prendiville and

Maureen Perkins were available to answer questions and take comments. Although flyers

and the provided information were taken from the booth or passed out to people, no input as

to the law was collected.

7/17/19:

Community Outreach Event. The Legislative Operating Committee held a community

outreach event at the Norbert Hill Center’s Business Committee Conference room. The LOC

had a booth set up with a poster of information as well as a flyer, copy of the law, and

FAQs. LOC member David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III,

and Daniel Guzman King, as well as LRO staff members Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski, and Destiny Prendiville were available to answer questions

and take comments. No one attended this community outreach event.

8/9/19:

Community Outreach Event. The Legislative Operating Committee held a community

outreach event at the Veteran’s Breakfast. Staff in attendance included David P. Jordan,

Kirby Metoxen, Clorissa N. Santiago, Brandon Wisneski, Maureen Perkins. Kirby gave an

introduction and then held discussion with the community members in attendance at the

Veteran’s Breakfast.

8/15/19:

Community Outreach Event. The Legislative Operating Committee held a community

outreach event at the Oneida Farmer’s Market. Staff in attendance included David P. Jordan,

Jennifer Webster, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski. The LOC had a booth at the farmer’s market with a poster of

information as well as a flyer, copy of the law, and FAQs.

8/21/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Jennifer

Webster, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to discuss the outreach efforts that have occurred, and determine whether the

LOC is interested in holding more outreach events. The LOC determined that two more

outreach events will be held.

9/4/19 LOC:

Motion by Jennifer Webster to approve the community outreach notice and article for the

Sanctions and Penalties Law, and forward to the Kalihwisaks for publication in the

September 19, 2019, edition; seconded by Ernest Stevens III. Motion carried unanimously.

9/19/19:

Article and community outreach event notice published in the Kalihwisaks.

10/7/19:

Community Outreach Event. The Legislative Operating Committee held a community

outreach event at the Elder Services Congregate Meal Site over the lunch hour. Staff in

attendance included: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Clorissa N. Santiago, Brandon Wisneski. Kirby gave an

introduction and then opened up for discussion of any questions the community members in

attendance had.

10/16/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to discuss the 10/18/19 outreach event in Milwaukee and begin planning for

how the LOC wants to present this item to GTC again. All materials will have to be

submitted to the OBC by November 18, 2019, for inclusion on the annual GTC meeting

agenda.

10/18/19:

Community Outreach Event. The Legislative Operating Committee held a community

outreach event at the SEOTS building in Milwaukee. Those in attendance included: David P.

Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Clorissa N. Santiago,

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

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Brandon Wisneski, Mike Debraska. Kirby gave an introduction, and then the LOC and Mike

Debraska reviewed the law line by line stopping for questions and discussion.

10/31/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The

purpose of this work meeting was to strategize how the LOC would like to present this law

again to the GTC, and review and discuss the first draft of a memo that can be included in

the GTC materials.

11/6/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Clorissa N. Santiago, Brandon Wisneski, Jameson Wilson. The

purpose of this work meeting was to provide a brief update that the LRO will be holding a

work meeting with the Communications Department on Thursday, November 7, 2019, to

discuss the development of the multi-media presentation for the January 2020 GTC meeting.

11/15/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The

purpose of this work meeting was to finalize the memo that would be presented to the GTC

on January 20, 2020. LRO will conduct an e-poll of the memo today so that the materials

can be forwarded to the OBC.

11/15/19:

E-Poll Conducted. E-Poll was titled “Approval of the Sanctions and Penalties Law Materials

for the January 20, 2020, GTC Meeting.” The requested action of this e-poll was to approve

the Sanctions and Penalties law materials and forward to the Oneida Business Committee for

inclusion in the January 20, 2020, General Tribal Council meeting packet materials. The epoll was approved by David P. Jordan, Jennifer Webster, Ernest Stevens III, and Daniel

Guzman King. Kirby Metoxen did not provide a response to the e-poll during the e-poll time

frame.

11/19/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Xavier Horkman. The

purpose of this work meeting was to begin collaborations between the LOC and the

Communications Department on the development of a multimedia presentation for the

January 2020 GTC meeting.

11/20/19 LOC: Motion by Kirby Metoxen to enter the November 15, 2019, Sanction and Penalties Law

material for the January 20, 2020, GTC Meeting E-Poll results into record; seconded by

Daniel Guzman King. Motion carried unanimously.

11/20/19:

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

Stevens III, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was

to update the LOC on the collaboration with the Communications Department on the

development of a multimedia presentation for the January 20, 2020, annual GTC meeting.

LOC also discussed potential ideas for a Sanctions and Penalties law promotional video.

11/26/19 OBC: Motion by Lisa Summers to approve back to the Legislative Operating Committee, for

General Tribal Council consideration, number one (1) as identified in the request [on page

90 of the meeting packet], seconded by David P. Jordan. Motion withdrawn.

Motion by Daniel Guzman King to defer the Sanctions and Penalties law materials back to

the Legislative Operating Committee for consideration of today's discussion and

reformatting of the request to General Tribal Council, seconded by Ernie Stevens III. Motion

carried

11/26/19:

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

Stevens III, Clorissa N. Santiago, Brandon Wisneski, JoAnne House. The purpose of this

work meeting was to consider the discussion that occurred at the OBC meeting and

determine a new strategy for moving this item forward. The LOC directed that an updated

~

memo, draft, legislative analysis, resolution, and statement of effect be developed for

GODDOC)

inclusion on the December 4, 2019, special OBC meeting.

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

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12/2/19:

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

Stevens III, Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck. The purpose of this

work meeting was to review the updated draft and memo and determine if there were any

other considerations that needed to be made by the LOC before this item moves forward.

12/4/19 LOC: Motion by Jennifer Webster to approve the January 20, 2020 General Tribal Council

Meeting materials with one change and forward to the Oneida Business Committee;

seconded by Ernest Stevens III. Motion carried unanimously.

12/4/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Clorissa N.

Santiago, Brandon Wisneski, Jennifer Falck. The purpose of this work meeting was to

discuss the community comments that were made during today’s LOC meeting, and discuss

a strategy for moving this item forward. LOC directed that an e-poll be conducted to rescind

the earlier Sanctions and Penalties law motion, so that the materials are not sent to the

December 4, 2019, special OBC meeting for inclusion in the January 20, 2020, General

Tribal Council meeting. Instead, the LOC wants to bring the proposed changes to a public

meeting, finalize a draft, and request an updated fiscal impact statement, and bring an

updated packet to the tentative March 2020 special GTC meeting.

12/4/19:

E-Poll Conducted. E-Poll was titled “Rescission of the December 4, 2019, LOC Motion

Regarding the Sanctions and Penalties Law.” The requested action of this e-poll was to

Rescind the December 4, 2019, Legislative Operating Committee motion to “Approve the

January 20, 2020, General Tribal Council meeting materials and forward to the Oneida

Business Committee.” The e-poll was approved by Ernest Stevens III, Kirby Metoxen,

Jennifer Webster, David P. Jordan. Daniel Guzman King did not provide a response to the epoll during the e-poll time frame.

12/4/19 OBC: Motion by David P. Jordan to adopt with two (2) changes [1) delete item IV.A.1. Accept the

Sanctions and Penalties law materials and add to the tentatively scheduled 2020 annual

General Tribal Council meeting agenda; and 2) under New Business header, item A. Cancel

the December 26 and 27, 2019, Oneida Business Committee meetings), seconded by

Jennifer Webster. Motion carried.

12/9/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck. The purpose of this work

meeting was to confirm what the LOC wants to see in the proposed Sanctions and Penalties

for Elected Officials law draft that will be sent to a public meeting. LRO will prepare an epoll for the PM materials to be completed before December 12, 2019.

12/10/19:

E-Poll Conducted. E-Poll was titled “Approval of January 7, 2020, Public Meeting for the

Sanctions and Penalties for Elected Officials Law.” The requested action of this e-poll was

to approve the public meeting packet and forward the Sanctions and Penalties for Elected

Officials law to a public meeting to be held on January 7, 2020. The e-poll was approved by

Kirby Metoxen, Jennifer Webster, David P. Jordan, and Daniel Guzman King. Ernest

Stevens III did not provide a response.

12/18/19 LOC: Motion by Jennifer Webster to enter into the record the December 4, 2019, E-poll results for

the Sanctions and Penalties law – rescission of the December 4, 2019, LOC action; seconded

by Kirby Metoxen. Motion carried unanimously.

Motion by Ernest Stevens III to enter into the record the December 10, 2019, E-poll results

for the Sanctions and Penalties law – approval of a public meeting; seconded by Jennifer

Webster. Motion carried unanimously.

1/7/20:

Public Meeting Held. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski, Kristen Hooker, Maureen Perkins, Lee Cornelius, Bonnie

Pigman, Ralinda Ninham-Lamberies, Kermit Valentino, Debra Valentino. One (1) person

provided oral comments during the public meeting.

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

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1/8/20:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Xavier Horkman. The

purpose of this work meeting was to discuss and plan for the development of the Sanctions

and Penalties Law for Elected Officials law video presentation for the March 16, 2020,

General Tribal Council meeting.

1/14/20:

OBC Work Session. The purpose of attending this Oneida Business Committee work session

was to provide the Oneida Business Committee an update on why the Sanctions and

Penalties law materials would be a handout at the January 22, 2020, Oneida Business

Committee meeting.

1/14/20:

Public Comment Period Closed. Two (2) submissions of written comments were received

during the public comment period.

1/14/20:

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

Ernest Stevens III, Brandon Stevens, Patricia King, Lisa Liggins, JoAnne House, Jennifer

Falck, Clorissa N. Santiago, Laura Laitinen-Warren. The purpose of this work meeting was

to provide the Oneida Business Committee an update on why the Sanctions and Penalties

law materials would be a handout at the January 22, 2020, Oneida Business Committee

meeting.

1/15/20 LOC: Motion by Ernest Stevens III to accept the public comments and public comment review

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

Guzman King. Motion carried unanimously.

1/15/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work

meeting was to review and consider all the public comments that were received. The LOC

also discussed the plan for e-polls and approving the materials.

1/15/20:

E-Poll Conducted. E-Poll was titled “Approval of the Sanctions and Penalties for Elected

Officials Law Updated Materials and Fiscal Impact Statement Request Memorandum.” The

requested action of this e-poll was to Approve the updated public comment review

memorandum, draft, legislative analysis, and fiscal impact statement request memorandum,

and forward the fiscal impact statement request memorandum, with accompanying draft and

legislative analysis, to the Finance Department directing that a fiscal impact statement of the

proposed Sanctions and Penalties for Elected Officials law be prepared and submitted to the

Legislative Operating Committee by January 20, 2020.. The e-poll was approved by David

P. Jordan, Jennifer Webster, Ernest Stevens III, Kirby Metoxen. Daniel Guzman King did

not provide a response.

1/20/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Daniel Guzman King, Clorissa N. Santiago, Brandon Wisneski. The purpose of this

work meeting was to review the adoption memo, resolution, and statement of effect for the

Sanctions and Penalties for Elected Officials law.

1/21/20:

E-Poll Conducted. E-Poll was titled “Approval of the Sanctions and Penalties for Elected

Officials Law Adoption Packet.” The requested action of this e-poll was to “Approve the

adoption packet for the Sanctions and Penalties for Elected Officials law and forward to the

Oneida Business Committee for inclusion on the tentative March 2020 Special General

Tribal Council meeting agenda.” The e-poll was approved by David P. Jordan, Jennifer

Webster, Ernest Stevens III, Kirby Metoxen, and Daniel Guzman King.

1/21/20:

E-Poll Conducted. E-Poll was titled “Rescission of the January 21, 2020, LOC Motion

Approving the Sanctions and Penalties for Elected Officials Law Adoption Packet.” The

requested action of this e-poll was to “Rescind the January 21, 2020, Legislative Operating

Committee motion to ‘Approve the adoption packet for the Sanctions and Penalties for

Elected Officials law and forward to the Oneida Business Committee for inclusion on the

tentative March 2020 Special General Tribal Council meeting agenda.’.” The e-poll was

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

Page 10 of 12

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approved by David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III, Daniel

Guzman King.

1/22/20 OBC: Motion by Ernie Stevens III to adopt the agenda with two (2) changes [1) add item IV.C.

Adopt resolution entitled Energy Infrastructure Deployment on Tribal Lands – 2020 Grant

Proposal # DEFOA-0002168; and 2) delete item VIII.B.2. Accept the Sanctions and

Penalties for Elected Officials law materials and add to the tentatively scheduled March 16,

2020, special General Tribal Council meeting agenda], seconded by Jennifer Webster.

Motion carried.

2/5/20 LOC:

Motion by Jennifer Webster to enter into record the e-poll results: Sanctions and Penalties

for Elected Officials Law – Approve Updated Materials and Fiscal Impact Statement

Request; seconded by Daniel Guzman King. Motion carried unanimously.

Motion by Jennifer Webster to Ratify the January 21, 2020, e-poll results into record;

seconded by Daniel Guzman King. Motion carried unanimously.

Motion by Jennifer Webster to enter into the record the January 21, 2020, e-poll results for

the rescission of the January 21, 2020, LOC motion approving the Sanctions and Penalties

for elected Officials Law adoption packet and forward to the OBC for inclusion on the

tentative March 2020 GTC meeting agenda; seconded Daniel Guzman King. Motion carried

unanimously.

10/4/23 LOC: Motion by Marlon Skenandore to add the Sanctions and Penalties Law to the Active Files

List with Jennifer Webster as the sponsor; seconded by Jonas Hill. Motion carried

unanimously.

12/6/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon

Skenandore, Jonas Hill, Clorissa Leeman, Grace Elliott, Maureen Perkins, Fawn Cottrell,

Kristal Hill. The purpose of this work meeting was to review the draft of the Sanctions and

Penalties law.

1/29/24:

E-Poll Conducted. This e-poll was titled, Approval of the March 6, 2024 LOC Community

Meeting Notice. The requested action of this e-poll was to Approve the Legislative

Operating Committee community meeting notice and schedule the community meeting to

take place on March 6, 2024. This e-poll was unanimously approved by Jennifer Webster,

Marlon Skenandore, Jonas Hill, Jameson Wilson, and Kirby Metoxen.

2/7/24 LOC:

Motion by Jennifer Webster to enter into the record the results of the January 29, 2024, epoll titled, Approval of the March 6, 2024 LOC Community Meeting Notice; seconded by

Jonas Hill. Motion carried unanimously.

3/6/24:

Work Meeting. Jameson Wilson, Kirby Metoxen, Jonas Hill, Marlon Skenandore, Jennifer

Webster, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The

purpose of this work session was for the LOC to practice the PowerPoint presentation for the

March 6, 2024, community meeting for the Oneida Personnel Policies and Procedures

Amendments, Sanctions and Penalties Law, and the Eviction and Termination law

amendments.

3/6/24:

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas

Hill, Marlon Skenadore, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill,

Maureen Perkins, Francine Valentino, Melanie Burkhart, Gina Buenrostro, Peggy HelmQuest, Michelle Sawyer, Nadine Escamea, Bonnie Pigman, Olivia Pigman, Julie Denny,

Michelle Hill, Vicky Matson, Greg Matson, Julie Behnke, Lynn Metoxen, Jake Doxtator,

Kay Keshena, Connie Vandehei, Jen Falck, Lillian Wheelock, Dale Wheelock, Stephanie

Smith, Patricia Hoeft, Scott Denny, Dana McLester, Wendy Alvarez, Dana Thyssen, Todd

Vanden Heuvel, Larry Barton, Merissa Bloedorn, Lois Stevens, Mark Powless, Linda

Dallas, Jake, Peggy Van Gheem, Mary Loeffler, Matthew J. Denny, Nancy Barton, Brittany

Kulow, Mary Adams, Cathy Metoxen, WilliamA good

Gollnick.

Theheart.

Legislative

A strong fire. Operating

mind. A good

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Committee held a community meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30

p.m. regarding the Oneida Personnel Policies and Procedures Amendments, the Sanctions

and Penalties law, and the Eviction and Termination law amendments.

3/20/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose

of this work session was for the LOC to debrief the March 6, 2024, community meeting and

determine the next steps to move these legislative items forward.

1/10/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Kirby Metoxen, Clorissa Leeman, Lisa Liggins, Lawrence Barton, Tehassi Hill, Fawn

Cottrell, Fawn Billie, Maureen Perkins. The purpose of this work meeting was to review the

draft of the Law and determine next steps for moving this item forward.

2/19/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Clorissa

Leeman, Fawn Cottrell, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose of this work

meeting was to review the updated draft of the Law and finalize next steps for moving this

item forward.

Next Steps:

 Approve the updated draft and legislative analysis;

 Approve the Legislative Operating Committee Sanctions and Penalties law community work

session notice, and schedule a community work session to occur on April 2, 2025.

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

Page 12 of 12

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Title 1. Government and Finances - Chapter 120

Kalihwahnila=t&= Okhale> Atatlihwa>thlew@htu Kayanl^sla

Giving strength to the issues

and

Forgiving oneself for the issue at hand

Laws

SANCTIONS AND PENALTIES FOR ELECTED OFFICIALS

120.1. Purpose and Policy

120.2. Adoption, Amendment, Repeal

120.3. Definitions

120.4. Misconduct

120.5. Filing of a Complaint

120.6. Complaint Procedure

120.7. Sanctions and Penalties

120.8. Effect of Resignation by an Official

120.9. Record of Conduct in Office

120.1. Purpose and Policy

120.2. Adoption, Amendment, Repeal

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120.3. Definitions

120.4. Misconduct

120.5. Filing of a Complaint

120.6. Complaint Procedure

120.7. Sanctions and Penalties

120.8. Effect of Resignation by an Official

120.9. Record of Conduct

120.1. Purpose and Policy

120.1-1. Purpose. The purpose of this law is to establish a consistent set of sanctions and penalties

that may be imposed upon elected officials of the Nation for misconduct in office for the purpose

of providingin order to provide an opportunity for the official to take corrective action to address

the misconduct and promote accountability and improved performance of the official.

(a) This law applies to members of the Oneida Business Committee.

(b)Exclusion. This law does not apply to judges of the Oneida Nation Judiciary.

(c) This law does not apply to or members of corporate entities of the Nation.

120.1-2. Policy. It is the policy of the Nation to ensure that elected officials who commit

misconduct while in office be subject to appropriate sanctions and penalties; and to ensure that

there is a fair process in place that enables officials to fairly respond to allegations of misconduct.

120.1-3. It is the intent of the Nation that all elected officials strive to exhibit and uphold the

Nation’s core values of The Good Mind as expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heart felt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(c) Ka>nikuhli=y%. The openness of the good spirit and mind.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

120.2. Adoption, Amendment, Repeal

120.2-1. This law was adopted by the General Tribal Council by resolution GTC-__-__-__-__.

120.2-2. This law may be amended or repealed by the General Tribal Council pursuant to the

procedures set out in the Legislative Procedures Act.

120.2-3. 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.

120.2-4. 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.

120.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1. O.C. 120 – Page 1

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120.3. Definitions

120.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) “Business Committee Support Office” means the office that provides administrative

support for the Oneida Business Committee and various other governmental operations.

(b) “Business day” means Monday through Friday 8:00 a.m. – 4:30 p.m., excluding

holidays recognized by the Nation.

(cb) “Clear and convincing evidence” means evidence that demonstrates it is substantially

more likely than not that the facts presented are true.

(dc) “Complainant” means an individual who has made a complaint.

(ed) “Constitution” means the Constitution and By-Laws of the Oneida Nation.

(fe) “Court of Appeals” means the Court of Appeals of the Oneida Nation Judiciary.

(gf) “Entity” means a board, committee, commission, office, or other group of the Nation

an individual may be elected to serve a position on, including the Oneida Business

Committee.

(g) “Government Administrative Office” means the office that provides administrative

support for the Oneida Business Committee and various other governmental operations.

(h) “Misconduct” means wrongful, improper, or unlawful conduct or behavior.

(i) “Nation” means the Oneida Nation.

(j) “Official” means any person who is elected to serve a position for the Nation, including,

but not limited to, a position on a board, committee, commission, or office of the Nation,

including the Oneida Business Committee.

(k) “Restitution” means compensation to an individual or entity for an injury, damage, or

loss.

(l) “Stipend” means the amount paid by the Oneida Nation to elected individuals serving

on boards, committees and commissions of the Nation to offset the expenses of being a

member on the board, committee or commission.

(m) “Substantiate” means to find that the complaint or allegation in the complaint is valid

because there is clear and convincing evidence.

(n) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

120.4. Misconduct

120.4-1. It shall be the obligation of every official to behave in a manner that promotes the highest

ethical and moral standard. High moral and ethicalhigh standards of conduct. High standards of

conduct amongst officials of the Nation isare essential to the conduct of government.

120.4-2. An official may be subject to sanctions and penalties for behaving in a manner which

constitutes misconduct. Misconduct includes:

(a) a violation of the Constitution or any of the Nation’s laws, policies, or rules;

(b) a violation of the bylaws, standard operating procedures, or other internal operating

documents that govern the entity upon which the official serves; and

(c) a conviction of a felony, or any crime in any jurisdiction that would be classified as a

felony under federal law or Wisconsin law; and.

1. O.C. 120 – Page 2

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(d) any other activity that is incompatible with the high moral and ethical standards that

are expected of the Nation’s officials.

120.5. Filing of a Complaint

120.5-1. Who May File. Any individual at least eighteen (18) years of age or older who is an

enrolled member of the Nation or an employee of the Nation, or an entity, who in good faith, has

knowledge or reason to believe that an official has committed misconduct, may file a written

complaint.

120.5-2. When to File. A complaint may be filed as long as the alleged misconduct has occurred,

or was discovered to have occurred, within the previous ninety (90sixty (60) days.

120.5-3. Contents of the Complaint. The complaint alleging misconduct by an official shall

include the following information:

(a) The name(s) of the official alleged to have committed the misconduct;

(b) The entity or entities upon which the official serves;

(c) The specific date(s), time(s), and location(s) of the alleged misconduct;

(d) The specific details of the official’s misconduct;

(e) The specific provision of law, policy, rule, or bylaw of the Nation allegedly violated

by the official;

(f) Names of any witnesses of the alleged misconduct, or individuals who may have

knowledge pertinent to the alleged misconduct;

(g) The contact information for the person filing the complaint, which at minimum shall

include the person’s name, address, and telephone number;

(h) A notarized sworn statement attesting that the information provided in and with the

complaint is true, accurate, and complete to the best of the complainant’s knowledge;

(i) Any supporting documentation; and

(j) Any other information required by the Nation’s Rules of Civil Procedure.

120.5-4. Where to File. Complaints against an official shall be filed with the Nation’s Trial Court

pursuant to the Nation’s Rules of Civil Procedure.

120.5-5. Retaliation Prohibited. Retaliation against any individual who makes a complaint or party

or witness to a complaint is prohibited. This protection shall also be afforded to any person offering

testimony or evidence or complying with directives authorized under this law. Retaliation shall

include any form of adverse or punitive action by, or caused by, any official.

(a) If an individual alleges that retaliatory action has been threatened or taken based on the

individual’s complaint, or cooperation with directives authorized under this law, the

individual may file a complaint for the retaliatory action in accordance with section 120.5

of this law.

120.6. Complaint Procedure

120.6-1. Jurisdiction of the Trial Court. The Trial Court shall have jurisdiction to hear complaints

of alleged misconduct of officials.

120.6-2. Any official who is the subject of a complaint has the right to be represented by an

attorney or advocate, at his or hertheir own expense, for any actions or proceedings related to the

complaint.

120.6-3. Burden of Proof. In a civil action against an official for misconduct, the complainant has

the burden of proving by clear and convincing evidence that the official engaged in misconduct.

120.6-4. Confidentiality. All complaints alleged against an official of the Nation shall be handled

in a confidential manner.

1. O.C. 120 – Page 3

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(a) All hearings and/or proceedings related to a complaint shall be closed to the general

public.

(b) All records of hearings and/or proceedings shall not be subject to public review or

inspection. An official’s record of conduct shall only be made available for review by the

Trial Court.

(c) Exception. A except that a decision of the Trial CourtJudiciary regarding a complaint

alleged against an official, and any sanctions and/or penalties that are imposed against an

official, shall be public information.

120.6-5. Determination of the Trial Court. In making a final determination, the Trial Court shall

determine if there is enough evidence to substantiate the allegations of misconduct by the official

by clear and convincing evidence.

(a) If the Trial Court finds that there is clear and convincing evidence that the official

engaged in misconduct, the Trial Court shall determine and impose any sanctions and/or

penalties deemed appropriate in accordance with this law.

(b) If the Trial Court does not find that there is clear and convincing evidence to support

the allegations that the official engaged in misconduct, the complaint shall be dismissed.

120.6-6. Appeal. The complainant and the official who is the subject of the complaint shall both

have the right to appeal the Trial Court’s decision to the Court of Appeals pursuant to the Nation’s

Rules of Appellate Procedure. The appeal shall be limited to review of the record, and the Trial

Court’s decision may only be overturned if the Court of Appeals determines that:

(a) The findings or penalties imposed were clearly erroneous, unsupported by the record,

or made on unreasonable grounds or without any proper consideration of circumstances;

or

(b) Procedural irregularities occurred which prevented a fair and impartial hearing.

120.6-7. The Trial Court shall provide the Business Committee Support Office a copy of the

complaint and the determination of the Trial Court for the official’s record of conduct in office.

120.7. Sanctions and Penalties

120.7-1. A sanction or penalty, or any combination of sanctions and/or penalties, may be imposed

upon the Nation’s officials for misconduct in office, in accordance with this law.

120.7-2. Sanctions and penalties may include:

(a) Verbal Reprimand. A verbal reprimand may be imposed on the official.

(1) The Trial Court shall submit written notices to both the official and to the

Business Committee SupportGovernment Administrative Office of the specific

date, time, and location of the verbal reprimand. The verbal reprimand shall occur

at an Oneida Business Committee meeting and/or a General Tribal Council

meeting.

(2) To impose the verbal reprimand, the presiding Oneida Business Committee

Chairperson, or another Oneida Business Committee member if the verbal

reprimand is imposed against the presiding Oneida Business Committee

Chairperson, shall read athe following statement that identifies:

(A) The Trial Court’s findings regarding the specific actions or inaction

taken by the official that were found to be misconduct;

(B) The reasons why the official’s actions or inactions amounted to

misconduct;

(C) A statement identifying that the misconduct violates the high standards

of behavior expected of the Nation’s officials and is not acceptable; and

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(D) A direction to the official to refrain from engaging in future misconduct.

(A) [Insert name of official] who serves on [Insert name of entity] is

receiving this reprimand because they have been found by the Nation’s

Judiciary to have engaged in misconduct. High standards of conduct

amongst officials of the Nation are essential to the conduct of government.

[Insert name of official’s] behavior did not rise to the high standards of

conduct that is expected of the Nation’s elected officials. The following are

the findings from the Trial Count regarding [Insert name of official’s]

misconduct: [identify the judicial findings regarding the misconduct.] Any

future misconduct may result in the imposition of additional sanctions or

penalties.

(b) Public Apology. The official may be ordered to make a public apology.

(1) The Trial Court shall submit written notices to both the official and to the

Business Committee SupportGovernment Administrative Office of the specific

date, time, and location of the public apology. The public apology shall occur at an

Oneida Business Committee meeting and/or a General Tribal Council meeting. The

public apology shall:

(1) identify the specific misconduct committed(2) The public apology made by the

official;

(2) recognize that shall identify the judicial findings regarding the official’s actions

or inactions were wrong;

(3) identify the effects of the official’s misconduct; and

(4) include a clear and unambiguous apology from the official for the misconduct.

(c) Written Reprimand. A written reprimand may be imposed on the official by publication

on the Nation’s official media outlets, as determined by the Oneida Business Committee.

The Trial Court may publish a written reprimand which includes the information required

for the verbal reprimand as stated in section 120.7-2(a)(2)(A)-(D).

(1) The Trial Court may publish a written reprimand which includes the same

statement as required for the verbal reprimand as stated in section 120.7-2(a)(2)(A).

(d) Suspension. An official may be suspended from performing his or hertheir duties as

an official for a period of time not to exceed two (2) regular meetings, or fifteen (15)

business days if the official serves in a full-time capacity.

(1) During a suspension, the official shall not:

(A) attend meetings, trainings or any other event as part of the entity;

(B) attend conferences or other events on behalf of, or as a representative

of, the entity;

(C) vote or participate in any activities of the entity;

(D) perform work on behalf of the entity; or

(E) be eligible for any compensation, including regular pay, stipends, or

mileage reimbursement.

(2) When an official is suspended, the Trial Court shall submit written notices to

both the official and to, the Business Committee SupportGovernment

Administrative Office, Finance Administration, and the Human Resources

Department, when applicable, of the specific start and end date of the suspension.

(3) If a suspension is imposed on multiple officials of the same entity at one time,

the Trial Court shallmay impose the suspensions of the officials on a staggered

basis to avoid an interruption of the official business and function of the entity.

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(e) Restitution. An official may be ordered to pay restitution, which may include the

repayment of any improperly received benefit, or any other payment which is intended to

make another individual or entity whole after suffering losses as a result of the official’s

misconduct.

(f) Fines. An official may be ordered to pay a fine not to exceed two thousand and five

hundred dollars ($2,500).

(1) Fines shall be paid to the Trial Court.

(2(2) Community service may be substituted for part or all of any fine at the

minimum wage rate of the Nation for each hour of community service. The use of

community service as a substitution for a fine shall be approved and monitored by

the Trial Court.

(3) Fines shall be paid within ninety (90) days after the order is issued or upheld

on final appeal, whichever is later. If the fine is not paid by this deadline, the Trial

Court may seek to collect the money owed through garnishment either through the

procedures provided in the Nation’s Garnishment law or through garnishment

procedures of other jurisdictions, and/or per capita attachment processin

accordance with the Per Capita law.

(3) Money received from fines shall be deposited into the General Fund.

(4) Community service may be substituted for part or all of any fine at the minimum

wage rate of the Nation for each hour of community service.

(g) Loss of Stipend. An official may be ordered to forfeit a stipend for his or hertheir

service on an entity not to exceed two (2) meetings.

(1) When an official is ordered to forfeit a stipend, the Trial Court shall submit

written notices to the official and the Government Administrative Office.

(h) Mandatory Participation in Training. An official may be ordered to participate in and

complete a training class or program at their own expense that will assist the official in

addressing and improving his or hertheir behaviors and/or actions.

(1) The mandated training class or program may address a variety of topics

including, but not limited to, anger management, sexual harassment, or other

sensitivity training.

(i) Removal. The Trial Court may recommend that the process for removing an elected

official as contained in the Nation’s laws and/or policies governing removal be initiated.

120.7-3. Factors in Determining an Appropriate Sanction and/or Penalty. When determining the

appropriate sanction or sanctions to impose, the Trial Court may consider all factors it deems

relevant, including but not limited to:

(a) the seriousness or severity of the misconduct;

(b) whether the conduct was intentional or not;

(c) the likelihood of repetition;

(d) the extent of probable damage to the finances or reputation of the Nation, the

complainant, the entity, or to any other person or organization;

(e) whether the official or his or hertheir family personally profited, financially or

otherwise, from the prohibited conduct;

(f) the official’s remorse, or

(g) the official’s willingness and ability to take steps to mitigate the harm caused by the

violation, and

(h) any prior complaints filed, including any previous sanctions and penalties imposed

upon the official while serving on an entity.(h) the record of conduct of an official.

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120.7-4. The Trial Court may impose a sanction and/or penalty on a conditional basis, whereas

compliance with a specific sanction and/or penalty shall prevent the imposition of a more stringent

or burdensome sanction and/or penalty.

120.7-5. The imposition of sanctions and/or penalties in accordance with this law does not exempt

an official from individual liability for the underlying misconduct, and does not limit any penalties

that may be imposed in accordance with other applicable laws. In addition to any sanctions and

penalties that may be imposed in accordance with this law, officials who commit misconduct in

office may be subject to other consequences; including but not limited to:

(a) removal in accordance with the Nation’s laws and/or policies governing removal;

(b) criminal prosecution, for misconduct that also violates applicable criminal law;

(c) civil liability, in accordance with the applicable law of any jurisdiction; and/or

(d) penalties for specific misconduct as authorized by any other law of the Nation.

120.7-6. An official who does not comply with a sanction and/or penalty that has been imposed

against him or her by the Trial Court may be subject to the following:

(a) additional sanctions and/or penalties that result from a complaint of misconduct filed

in accordance with this Law based on the non-compliance;

(b) removal in accordance with the Nation’s laws and policies governing removal.

120.8. Effect of Resignation by an Official

120.8-1. The resignation of an official after a complaint has been filed against the official shall

not affect the status of the hearing and determination by the Trial Court.

120.8-2. An official who resigns may still be subject to sanctions and/or penalties at the discretion

of the Trial Court.

120.9. Record of Conduct in Office

120.9-1. The Business Committee Support OfficeJudiciary shall maintain a record of conduct in

office for each official. An official’s record of conduct shall only be made available for review by

the Judiciary.

120.9-2. The record of conduct in office maintained for each official shall include, at a minimum:

(a) a copy of each complaint filed against the official;

(b) recording and/or transcript from any hearings and/or proceedings;

(c) the outcome of the complaint, and

(d) any sanctions or penalties imposed upon an official.

120.9-3. The record of conduct in office for each official shall be maintained for a period of no

less than seven (7) years.

End.

Adopted – GTC-__-__-__-__

1. O.C. 120 – Page 7

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Title 1. Government and Finances - Chapter 120

Kalihwahnila=t&= Okhale> Atatlihwa>thlew@htu Kayanl^sla

Giving strength to the issues

and

Forgiving oneself for the issue at hand

Laws

SANCTIONS AND PENALTIES

120.1. Purpose and Policy

120.2. Adoption, Amendment, Repeal

120.3. Definitions

120.4. Misconduct

120.5. Filing of a Complaint

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120.6. Complaint Procedure

120.7. Sanctions and Penalties

120.8. Effect of Resignation by an Official

120.9. Record of Conduct

120.1. Purpose and Policy

120.1-1. Purpose. The purpose of this law is to establish a consistent set of sanctions and

penalties that may be imposed upon elected officials of the Nation for misconduct in office in

order to provide an opportunity for the official to take corrective action to address the

misconduct and promote accountability and improved performance of the official.

(a) Exclusion. This law does not apply to judges of the Oneida Nation Judiciary or

members of corporate entities of the Nation.

120.1-2. Policy. It is the policy of the Nation to ensure that elected officials who commit

misconduct while in office be subject to appropriate sanctions and penalties; and to ensure that

there is a fair process in place that enables officials to fairly respond to allegations of

misconduct.

120.1-3. It is the intent of the Nation that all elected officials strive to exhibit and uphold the

Nation’s core values of The Good Mind as expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heart felt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(c) Ka>nikuhli=y%. The openness of the good spirit and mind.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

120.2. Adoption, Amendment, Repeal

120.2-1. This law was adopted by the General Tribal Council by resolution GTC-__-__-__-__.

120.2-2. This law may be amended or repealed by the General Tribal Council pursuant to the

procedures set out in the Legislative Procedures Act.

120.2-3. 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.

120.2-4. 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.

120.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

120.3. Definitions

120.3-1. 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.

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(a) “Business day” means Monday through Friday 8:00 a.m. – 4:30 p.m., excluding

holidays recognized by the Nation.

(b) “Clear and convincing evidence” means evidence that demonstrates it is substantially

more likely than not that the facts presented are true.

(c) “Complainant” means an individual who has made a complaint.

(d) “Constitution” means the Constitution and By-Laws of the Oneida Nation.

(e) “Court of Appeals” means the Court of Appeals of the Oneida Nation Judiciary.

(f) “Entity” means a board, committee, commission, office, or other group of the Nation

an individual may be elected to serve a position on, including the Oneida Business

Committee.

(g) “Government Administrative Office” means the office that provides administrative

support for the Oneida Business Committee and various other governmental operations.

(h) “Misconduct” means wrongful, improper, or unlawful conduct or behavior.

(i) “Nation” means the Oneida Nation.

(j) “Official” means any person who is elected to serve a position for the Nation,

including, but not limited to, a position on a board, committee, commission, or office of

the Nation, including the Oneida Business Committee.

(k) “Restitution” means compensation to an individual or entity for an injury, damage, or

loss.

(l) “Stipend” means the amount paid by the Oneida Nation to elected individuals serving

on boards, committees and commissions of the Nation to offset the expenses of being a

member on the board, committee or commission.

(m) “Substantiate” means to find that the complaint or allegation in the complaint is

valid because there is clear and convincing evidence.

(n) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC01-07-13-B, and then later authorized to administer the judicial authorities and

responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-1917-A.

120.4. Misconduct

120.4-1. It shall be the obligation of every official to behave in a manner that promotes high

standards of conduct. High standards of conduct amongst officials of the Nation are essential to

the conduct of government.

120.4-2. An official may be subject to sanctions and penalties for behaving in a manner which

constitutes misconduct. Misconduct includes:

(a) a violation of the Constitution or any of the Nation’s laws, policies, or rules;

(b) a violation of the bylaws, standard operating procedures, or other internal operating

documents that govern the entity upon which the official serves; and

(c) a conviction of a felony, or any crime in any jurisdiction that would be classified as a

felony under federal law or Wisconsin law.

120.5. Filing of a Complaint

120.5-1. Who May File. Any individual at least eighteen (18) years of age or older who is an

enrolled member of the Nation or an employee of the Nation, or an entity, who in good faith, has

knowledge or reason to believe that an official has committed misconduct, may file a written

complaint.

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120.5-2. When to File. A complaint may be filed as long as the alleged misconduct has

occurred, or was discovered to have occurred, within the previous sixty (60) days.

120.5-3. Contents of the Complaint. The complaint alleging misconduct by an official shall

include the following information:

(a) The name(s) of the official alleged to have committed the misconduct;

(b) The entity or entities upon which the official serves;

(c) The specific date(s), time(s), and location(s) of the alleged misconduct;

(d) The specific details of the official’s misconduct;

(e) The specific provision of law, policy, rule, or bylaw of the Nation allegedly violated

by the official;

(f) Names of any witnesses of the alleged misconduct, or individuals who may have

knowledge pertinent to the alleged misconduct;

(g) The contact information for the person filing the complaint, which at minimum shall

include the person’s name, address, and telephone number;

(h) A notarized sworn statement attesting that the information provided in and with the

complaint is true, accurate, and complete to the best of the complainant’s knowledge;

(i) Any supporting documentation; and

(j) Any other information required by the Nation’s Rules of Civil Procedure.

120.5-4. Where to File. Complaints against an official shall be filed with the Nation’s Trial

Court pursuant to the Nation’s Rules of Civil Procedure.

120.5-5. Retaliation Prohibited. Retaliation against any individual who makes a complaint or

party or witness to a complaint is prohibited. This protection shall also be afforded to any person

offering testimony or evidence or complying with directives authorized under this law.

Retaliation shall include any form of adverse or punitive action by, or caused by, any official.

(a) If an individual alleges that retaliatory action has been threatened or taken based on

the individual’s complaint, or cooperation with directives authorized under this law, the

individual may file a complaint for the retaliatory action in accordance with section 120.5

of this law.

120.6. Complaint Procedure

120.6-1. Jurisdiction of the Trial Court. The Trial Court shall have jurisdiction to hear

complaints of alleged misconduct of officials.

120.6-2. Any official who is the subject of a complaint has the right to be represented by an

attorney or advocate, at their own expense, for any actions or proceedings related to the

complaint.

120.6-3. Burden of Proof. In a civil action against an official for misconduct, the complainant

has the burden of proving by clear and convincing evidence that the official engaged in

misconduct.

120.6-4. Confidentiality. All complaints alleged against an official of the Nation shall be

handled in a confidential manner.

(a) All hearings and/or proceedings related to a complaint shall be closed to the general

public.

(b) All records of hearings and/or proceedings shall not be subject to public review or

inspection except that a decision of the Judiciary regarding a complaint alleged against an

official, and any sanctions and/or penalties that are imposed against an official, shall be

public information.

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120.6-5. Determination of the Trial Court. In making a final determination, the Trial Court shall

determine if there is enough evidence to substantiate the allegations of misconduct by the official

by clear and convincing evidence.

(a) If the Trial Court finds that there is clear and convincing evidence that the official

engaged in misconduct, the Trial Court shall determine and impose any sanctions and/or

penalties deemed appropriate in accordance with this law.

(b) If the Trial Court does not find that there is clear and convincing evidence to support

the allegations that the official engaged in misconduct, the complaint shall be dismissed.

120.6-6. Appeal. The complainant and the official who is the subject of the complaint shall both

have the right to appeal the Trial Court’s decision to the Court of Appeals pursuant to the

Nation’s Rules of Appellate Procedure. The appeal shall be limited to review of the record, and

the Trial Court’s decision may only be overturned if the Court of Appeals determines that:

(a) The findings or penalties imposed were clearly erroneous, unsupported by the record,

or made on unreasonable grounds or without any proper consideration of circumstances;

or

(b) Procedural irregularities occurred which prevented a fair and impartial hearing.

120.7. Sanctions and Penalties

120.7-1. A sanction or penalty, or any combination of sanctions and/or penalties, may be

imposed upon the Nation’s officials for misconduct in office, in accordance with this law.

120.7-2. Sanctions and penalties may include:

(a) Verbal Reprimand. A verbal reprimand may be imposed on the official.

(1) The Trial Court shall submit written notices to both the official and to the

Government Administrative Office of the specific date, time, and location of the

verbal reprimand. The verbal reprimand shall occur at an Oneida Business

Committee meeting and/or a General Tribal Council meeting.

(2) To impose the verbal reprimand, the presiding Oneida Business Committee

Chairperson, or another Oneida Business Committee member if the verbal

reprimand is imposed against the presiding Oneida Business Committee

Chairperson, shall read the following statement:

(A) [Insert name of official] who serves on [Insert name of entity] is

receiving this reprimand because they have been found by the Nation’s

Judiciary to have engaged in misconduct. High standards of conduct

amongst officials of the Nation are essential to the conduct of government.

[Insert name of official’s] behavior did not rise to the high standards of

conduct that is expected of the Nation’s elected officials. The following are

the findings from the Trial Count regarding [Insert name of official’s]

misconduct: [identify the judicial findings regarding the misconduct.] Any

future misconduct may result in the imposition of additional sanctions or

penalties.

(b) Public Apology. The official may be ordered to make a public apology.

(1) The Trial Court shall submit written notices to both the official and to the

Government Administrative Office of the specific date, time, and location of the

public apology. The public apology shall occur at an Oneida Business Committee

meeting and/or a General Tribal Council meeting.

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(2) The public apology made by the official shall identify the judicial findings

regarding the official’s misconduct and include a clear and unambiguous apology

from the official for the misconduct.

(c) Written Reprimand. A written reprimand may be imposed on the official by

publication on the Nation’s official media outlets, as determined by the Oneida Business

Committee.

(1) The Trial Court may publish a written reprimand which includes the same

statement as required for the verbal reprimand as stated in section 120.72(a)(2)(A).

(d) Suspension. An official may be suspended from performing their duties as an official

for a period of time not to exceed two (2) regular meetings, or fifteen (15) business days

if the official serves in a full-time capacity.

(1) During a suspension, the official shall not:

(A) attend meetings, trainings or any other event as part of the entity;

(B) attend conferences or other events on behalf of, or as a representative

of, the entity;

(C) vote or participate in any activities of the entity;

(D) perform work on behalf of the entity; or

(E) be eligible for any compensation, including regular pay, stipends, or

mileage reimbursement.

(2) When an official is suspended, the Trial Court shall submit written notices to

the official, the Government Administrative Office, Finance Administration, and

the Human Resources Department, when applicable, of the specific start and end

date of the suspension.

(3) If a suspension is imposed on multiple officials of the same entity at one time,

the Trial Court may impose the suspensions of the officials on a staggered basis to

avoid an interruption of the official business and function of the entity.

(e) Restitution. An official may be ordered to pay restitution, which may include the

repayment of any improperly received benefit, or any other payment which is intended to

make another individual or entity whole after suffering losses as a result of the official’s

misconduct.

(f) Fines. An official may be ordered to pay a fine not to exceed two thousand and five

hundred dollars ($2,500).

(1) Fines shall be paid to the Trial Court.

(2) Community service may be substituted for part or all of any fine at the

minimum wage rate of the Nation for each hour of community service. The use of

community service as a substitution for a fine shall be approved and monitored by

the Trial Court.

(3) Fines shall be paid within ninety (90) days after the order is issued or upheld

on final appeal, whichever is later. If the fine is not paid by this deadline, the Trial

Court may seek to collect the money owed through garnishment either through the

procedures provided in the Nation’s Garnishment law or through garnishment

procedures of other jurisdictions, and/or per capita attachment in accordance with

the Per Capita law.

(g) Loss of Stipend. An official may be ordered to forfeit a stipend for their service on an

entity not to exceed two (2) meetings.

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(1) When an official is ordered to forfeit a stipend, the Trial Court shall submit

written notices to the official and the Government Administrative Office.

(h) Mandatory Participation in Training. An official may be ordered to participate in

and complete a training class or program at their own expense that will assist the official

in addressing and improving their behaviors and/or actions.

(1) The mandated training class or program may address a variety of topics

including, but not limited to, anger management, sexual harassment, or other

sensitivity training.

(i) Removal. The Trial Court may recommend that the process for removing an elected

official as contained in the Nation’s laws and/or policies governing removal be initiated.

120.7-3. Factors in Determining an Appropriate Sanction and/or Penalty. When determining

the appropriate sanction or sanctions to impose, the Trial Court may consider all factors it deems

relevant, including but not limited to:

(a) the seriousness or severity of the misconduct;

(b) whether the conduct was intentional or not;

(c) the likelihood of repetition;

(d) the extent of probable damage to the finances or reputation of the Nation, the

complainant, the entity, or to any other person or organization;

(e) whether the official or their family personally profited, financially or otherwise, from

the prohibited conduct;

(f) the official’s remorse, or

(g) the official’s willingness and ability to take steps to mitigate the harm caused by the

violation, and

(h) the record of conduct of an official.

120.7-4. The Trial Court may impose a sanction and/or penalty on a conditional basis, whereas

compliance with a specific sanction and/or penalty shall prevent the imposition of a more

stringent or burdensome sanction and/or penalty.

120.7-5. The imposition of sanctions and/or penalties in accordance with this law does not

exempt an official from individual liability for the underlying misconduct, and does not limit any

penalties that may be imposed in accordance with other applicable laws. In addition to any

sanctions and penalties that may be imposed in accordance with this law, officials who commit

misconduct in office may be subject to other consequences; including but not limited to:

(a) removal in accordance with the Nation’s laws and/or policies governing removal;

(b) criminal prosecution, for misconduct that also violates applicable criminal law;

(c) civil liability, in accordance with the applicable law of any jurisdiction; and/or

(d) penalties for specific misconduct as authorized by any other law of the Nation.

120.7-6. An official who does not comply with a sanction and/or penalty that has been imposed

against him or her by the Trial Court may be subject to the following:

(a) additional sanctions and/or penalties that result from a complaint of misconduct filed

in accordance with this Law based on the non-compliance;

(b) removal in accordance with the Nation’s laws and policies governing removal.

120.8. Effect of Resignation by an Official

120.8-1. The resignation of an official after a complaint has been filed against the official shall

not affect the status of the hearing and determination by the Trial Court.

120.8-2. An official who resigns may still be subject to sanctions and/or penalties at the

discretion of the Trial Court.

1. O.C. 120 – Page 6

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120.9. Record of Conduct

120.9-1. The Judiciary shall maintain a record of conduct for each official. An official’s record

of conduct shall only be made available for review by the Judiciary.

120.9-2. The record of conduct maintained for each official shall include, at a minimum:

(a) a copy of each complaint filed against the official;

(b) recording and/or transcript from any hearings and/or proceedings;

(c) the outcome of the complaint, and

(d) any sanctions or penalties imposed upon an official.

120.9-3. The record of conduct for each official shall be maintained for a period of no less than

seven (7) years.

End.

Adopted – GTC-__-__-__-__

1. O.C. 120 – Page 7

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Kalihwahnila=t&= Okhale> Atatlihwa>thlew@htu Kayanl^sla

Giving strength to the issues

and Forgiving oneself for the issue at hand

Laws

SANCTIONS AND PENALTIES LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the Law

Purpose

Affected Entities

Related Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

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 Increase accountability among elected officials of the Nation.

 Create a formal complaint process that allows for corrective actions against

elected officials who engage in misconduct.

The purpose of this law is to establish a consistent set of sanctions and penalties

that may be imposed upon elected officials of the Nation for misconduct in office

in order to provide an opportunity for the official to take corrective action to address

the misconduct and promote accountability and improved performance of the

official [1 O.C. 120.1-1].

All elected officials of the Nation; Any enrolled member of the Nation or employee

age eighteen (18) years and older who has knowledge that an official committed

misconduct; Oneida Business Committee; Judiciary Trial Court; Judiciary Court of

Appeals; Government Administrative Office.

Oneida Judiciary Rules of Civil Procedure; Rules of Appellate Procedure; Code of

Ethics; Boards, Committees and Commissions law; Garnishment law; Per Capita

law; and any of the Nation’s laws and bylaws that may be violated by an official.

Sanctions and penalties against elected officials will be imposed by the Trial Court.

Officials accused of misconduct have the right to be represented by an attorney or

advocate. Officials also have the right to submit a written response to the complaint,

and an opportunity to appear at the hearing to answer the allegations and provide

evidence on their behalf. Complaints against officials must be proven by clear and

convincing evidence.

A public meeting for an earlier draft of this law was held on October 4, 2018. A

2nd public meeting for an updated draft was held on January 7, 2020.

A fiscal impact statement for an earlier draft of this law was prepared by the

Finance Department on December 27, 2018. An updated fiscal analysis was

prepared on January 20, 2020.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Request for Amendments. The request to develop a sanctions and penalties law was originally added

to the Legislative Operating Committee’s Active Files List in October of 2014, and has been carried

over for the last three legislative terms. When an elected official of the Nation commits misconduct

while in office, there are few remedies available for the Nation to discipline that official. Currently,

elected officials may be removed in accordance with the Removal Law. However, there may be

instances of misconduct that do not rise to the level of removal. In these cases, other remedies such as

verbal reprimands, fines, or suspensions may be more appropriate. This Law creates a formal complaint

process that gives members of the Nation, employees and entities an opportunity to file complaints

against elected officials while ensuring that due process rights for those accused are protected. This

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Law also creates a range of potential sanctions and penalties for officials who violate the laws of the

Nation or commit other forms of misconduct.

B. 2016 Special Election Referendum. During the Special Election held on July 9, 2016, the following

referendum question was approved by a vote of 178 to 59: “Should the BC develop a law which provides

for sanctions and due process for elected officials?” The Election Law requires the Oneida Business

Committee to present referendum questions that receive a majority vote to the General Tribal Council

(GTC) for discussion and action [1 O.C. 102.12-9(c)].

C. Presentation to General Tribal Council. On March 17, 2019, this Law was presented to the General

Tribal Council for consideration. The General Tribal Council adopted a motion to defer this item for at

least sixty (60) days for GTC to have additional time to consider it and have input. As a result of General

Tribal Council’s directive, the LOC held six (6) additional community outreach events – in various

locations around the Reservation as well as in Milwaukee. Based on input received from community

members during the various outreach efforts, as well as the discussion during the March 17, 2019, GTC

Meeting, the LOC determined that the draft should be revised. The LOC intended to include this revised

Law on the July 2020 Semi-Annual General Tribal Council meeting agenda before all General Tribal

Council meetings were canceled due to COVID-19.

D. Elected Officials. This Law will apply to elected officials of the Nation, including members of the

following entities:

Chart 1. Elected Boards, Committees, and Commissions

ELECTED BOARDS, COMMITTEES, AND COMMISSIONS

 Oneida Business Committee

 Oneida Election Board

 Oneida Gaming Commission

 Oneida Land Claims Commission

 Oneida Land Commission

 Oneida Nation Commission on Aging (ONCOA)

 Oneida Nation School Board

 Oneida Trust Enrollment Committee

 GTC Legal Resource Center Advocates and Attorney

*This law does not apply to members of appointed boards, members of the Judiciary or corporate

entities of the Nation.

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SECTION 3. CONSULTATION AND OUTREACH

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

and this legislative analysis:

 Oneida Business Committee;

 Government Administrative Office;

 Records Management Department;

 Human Resources Department;

 Intergovernmental Affairs and Communications Department;

 Cultural Heritage Department;

 Anna John Resident Centered Care Community Board (AJRCCC);

 Oneida Election Board;

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 Oneida Environmental Resource Board (ERB);

 Oneida Gaming Commission;

 Oneida Land Commission;

 Oneida Police Commission;

 Oneida Pow-wow Committee;

 Oneida Trust Enrollment Committee, and

 Oneida Nation Veterans Affairs Committee (ONVAC).

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

 Oneida Judiciary law;

 Oneida Tribal Judiciary Canons of Judicial Conduct;

 Oneida Judiciary Rules of Civil Procedure;

 Oneida Judiciary Rules of Appellate Procedure;

 Removal law;

 Code of Ethics;

 Legal Resource Center law;

 Open Meetings and Open Records law;

 Boards, Committees and Commissions law;

 Garnishment law; and

 Per Capita law.

C. In addition, the following other laws were reviewed in drafting this analysis:

 Ho Chunk Nation Code of Ethics 2 HCC 1;

 Oglala Sioux Tribe Code of Ethics Ordinance No. 08-11;

 Pokagon Band of Potawatomi Indians Ethics Code;

 Rosebud Sioux Tribal Code of Ethics Ordinance 86-04;

 Siletz Tribal Council Ethics Ordinance –Siletz Tribal Code 2.200;

 Skokomish Code of Ethics S.T.C. 1.05; and

 Pit River Tribal Government Code of Conduct Section 80.

D. Community Outreach Events. In addition to the public meeting(s) required by the Legislative

Procedures Act held on October 4, 2018, and January 7, 2020, the LOC held the following outreach

events on this legislation:

 May 3, 2018: Community pot-luck meeting at Norbert Hill Center to gather community input.

 July 11, 2019: Community outreach event held prior to GTC meeting at Radisson Conference

Center.

 July 17, 2019: Community outreach held at Norbert Hill Center in Oneida.

 August 9, 2019: Community outreach held at Veteran’s Breakfast in Oneida.

 August 15, 2019: Community outreach held at Farmer’s Market in Oneida.

 October 7, 2019: Community outreach held at Elder Congregate Meal site in Oneida.

 October 16, 2019: Community outreach held at SEOTS Building in Milwaukee.

 March 6, 2024: Community pot-luck meeting at the Norbert Hill Center to gather community

input.

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SECTION 4. PROCESS

A. Compliance with LPA. The development of the proposed Law complies with the process set forth in

the Legislative Procedures Act (LPA).

 The law was originally added to the Active Files List on October 15, 2014.

 On September 6, 2017, this Law was readded to the Active Files List for the 2017-2020 legislative

term.

 On April 2, 2018, the Legislative Operating Committee accepted the draft of this Law and direct

that a community meeting/potluck be held on May 3, 2018.

 On June 6, 2018, the Legislative Operating Committee accepted the draft of this Law and directed

that a legislative analysis be completed.

 On July 18, 2018, the Legislative Operating Committee accepted the legislative analysis for this

Law and deferred this item to a work meeting.

 On August 15, 2018, the Legislative Operating Committee approved the public meeting packet and

forwarded this Law to a public meeting to be held on September 20, 2018; and forwarded this Law

to the Finance Office for a fiscal analysis to be completed.

 On September 10, 2018, the Legislative Operating Committee conducted an e-poll entitled,

Approval of the Sanctions and Penalties Law Public Meeting Packet. The requested action of this

e-poll was to approve the public meeting packet and forward the proposed Sanctions and Penalties

law to a public meeting to be held on October 4, 2018 – since the September 20, 2018, public

meeting on the proposed Law needed to be canceled due to the Kalihwisaks failing to publish the

public meeting notice in the September 6, 2018, edition. The e-poll was approved by David P.

Jordan, Jennifer Webster, Kirby Metoxen, and Ernest Stevens III. Daniel Guzman King did not

provide a response to the e-poll.

 On September 19, 2018, the Legislative Operating Committee entered the e-poll results into the

record.

 On October 4, 2018, a public meeting on the proposed law was held. Six (6) members of the

community attended the public meeting with three (3) people providing oral comments.

 The public comment period was then held open until October 11, 2018. Four (4) submissions of

written comments were received during the public comment period.

 On October 17, 2018, the Legislative Operating Committee accepted the public meeting comments

and public meeting comment review memorandum and deferred this item to a work meeting.

 On November 7, 2018, the Legislative Operating Committee accepted the public comment review

memorandum and the updated draft.

 On December 5, 2018, the Legislative Operating Committee accepted the updated legislative

analysis, including the replacement of page 159 in the packet; and approved the fiscal impact

statement memorandum and forwarded the items to the Finance Department directing that a fiscal

impact statement of the proposed Law be prepared for inclusion on the January 2, 2019 Legislative

Operating Committee meeting agenda.

 On January 7, 2019, the Legislative Operating Committee approved the adoption packet for the

proposed Law and forwarded to the Oneida Business Committee for inclusion on the tentatively

scheduled February 24, 2019, General Tribal Council meeting agenda for the General Tribal

Council’s consideration of adoption.

 On January 18, 2019, the Oneida Business Committee approved the adoption packet for the Law

for consideration at the February 24, 2019, special GTC meeting.

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On January 29, 2019, the Legislative Operating Committee conducted an e-poll entitled, Approval

of the Sanctions and Penalties Law Kalihwisaks Article. The requested action of this e-poll was to

approve the article titled, “Sanctions and Penalties Law: GTC to Consider in February” and

forward the article to the Kalihwisaks for inclusion in the February 7, 2019, Kalihwisaks edition.

The e-poll was approved by David P. Jordan, Jennifer Webster, Daniel Guzman King and Kirby

Metoxen. Ernest Stevens III did not provide a response to the e-poll.

On February 6, 2019, the Legislative Operating Committee entered the results of the January 29,

2019, e-poll into the record.

On March 17, 2019, the proposed Law was presented to the General Tribal Council, and the General

Tribal Council decided to defer this Law for consideration for at least sixty (60) days for GTC to

have additional time to consider it and have input.

On June 19, 19, the Legislative Operating Committee approved the community outreach notice for

this Law with one noted change, and forwarded to the Kalihwisaks for publication in the July 3,

2019 Kalihwisaks edition.

On September 4, 2019, the Legislative Operating Committee approved the community outreach

notice and article for this Law, and forwarded to the Kalihwisaks for publication in the September

19, 2019, edition.

On November 15, 2019, the Legislative Operating Committee conducted an e-poll entitled,

Approval of the Sanctions and Penalties Law Materials for the January 20, 2020, GTC Meeting.

The requested action of this e-poll was to approve the Sanctions and Penalties law materials and

forward to the Oneida Business Committee for inclusion in the January 20, 2020, General Tribal

Council meeting packet materials. The e-poll was approved by David P. Jordan, Jennifer Webster,

Ernest Stevens III, and Daniel Guzman King. Kirby Metoxen did not provide a response to the epoll during the e-poll time frame.

On November 20, 2019, the Legislative Operating Committee entered the November 15, 2019,

Sanction and Penalties Law material for the January 20, 2020, GTC Meeting E-Poll results into

record.

On November 26, 2019, the Oneida Business Committee deferred the Sanctions and Penalties law

materials back to the Legislative Operating Committee for consideration of today's discussion and

reformatting of the request to General Tribal Council.

On December 4, 2019, the Legislative Operating Committee approved the January 20, 2020

General Tribal Council Meeting materials with one change and forwarded to the Oneida Business

Committee.

On December 4, 2019, the Legislative Operating Committee conducted an e-poll entitled,

Rescission of the December 4, 2019, LOC Motion Regarding the Sanctions and Penalties Law. The

requested action of this e-poll was to Rescind the December 4, 2019, Legislative Operating

Committee motion to “Approve the January 20, 2020, General Tribal Council meeting materials

and forward to the Oneida Business Committee.” The e-poll was approved by Ernest Stevens III,

Kirby Metoxen, Jennifer Webster, David P. Jordan. Daniel Guzman King did not provide a

response to the e-poll during the e-poll time frame.

On December 4, 2019, the Oneida Business Committee adopted the agenda with two (2) changes

[1) delete item IV.A.1. Accept the Sanctions and Penalties law materials and add to the tentatively

scheduled 2020 annual General Tribal Council meeting agenda; and 2) under New Business header,

item A. Cancel the December 26 and 27, 2019, Oneida Business Committee meetings).

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On December 10, 2019, the Legislative Operating Committee conducted an e-poll entitled,

Approval of January 7, 2020, Public Meeting for the Sanctions and Penalties for Elected Officials

Law. The requested action of this e-poll was to approve the public meeting packet and forward the

Sanctions and Penalties for Elected Officials law to a public meeting to be held on January 7, 2020.

The e-poll was approved by Kirby Metoxen, Jennifer Webster, David P. Jordan, and Daniel

Guzman King. Ernest Stevens III did not provide a response.

On December 18, 2019, the Legislative Operating Committee entered into the record the December

4, 2019, E-poll results for the Sanctions and Penalties law – rescission of the December 4, 2019,

LOC action; and entered into the record the December 10, 2019, E-poll results for the Sanctions

and Penalties law – approval of a public meeting.

On January 7, 2020, the Legislative Operating Committee held a public meeting on the proposed

Law. One (1) person provided oral comments during the public meeting.

The public comment period was held open until January 14, 2020. Two (2) submissions of written

comments were received during the public comment period.

On January 15, 2020, the Legislative Operating Committee accepted the public comments and

public comment review memorandum and deferred these items to a work meeting for further

consideration.

On January 15, 2020, the Legislative Operating Committee also conducted an e-poll entitled,

Approval of the Sanctions and Penalties for Elected Officials Law Updated Materials and Fiscal

Impact Statement Request Memorandum. The requested action of this e-poll was to Approve the

updated public comment review memorandum, draft, legislative analysis, and fiscal impact

statement request memorandum, and forward the fiscal impact statement request memorandum,

with accompanying draft and legislative analysis, to the Finance Department directing that a fiscal

impact statement of the proposed Sanctions and Penalties for Elected Officials law be prepared and

submitted to the Legislative Operating Committee by January 20, 2020. The e-poll was approved

by David P. Jordan, Jennifer Webster, Ernest Stevens III, Kirby Metoxen. Daniel Guzman King

did not provide a response.

On January 21, 2020, the Legislative Operating Committee conducted an e-poll entitled, Approval

of the Sanctions and Penalties for Elected Officials Law Adoption Packet. The requested action of

this e-poll was to “Approve the adoption packet for the Sanctions and Penalties for Elected Officials

law and forward to the Oneida Business Committee for inclusion on the tentative March 2020

Special General Tribal Council meeting agenda.” The e-poll was approved by David P. Jordan,

Jennifer Webster, Ernest Stevens III, Kirby Metoxen, and Daniel Guzman King.

On January 21, 2020, the Legislative Operating Committee conducted an additional e-poll entitled,

Rescission of the January 21, 2020, LOC Motion Approving the Sanctions and Penalties for Elected

Officials Law Adoption Packet. The requested action of this e-poll was to “Rescind the January 21,

2020, Legislative Operating Committee motion to ‘Approve the adoption packet for the Sanctions

and Penalties for Elected Officials law and forward to the Oneida Business Committee for inclusion

on the tentative March 2020 Special General Tribal Council meeting agenda.’.” The e-poll was

approved by David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III, Daniel Guzman

King.

On January 22, 2020, the Oneida Business Committee adopted the agenda with two (2) changes [1)

add item IV.C. Adopt resolution entitled Energy Infrastructure Deployment on Tribal Lands – 2020

Grant Proposal # DEFOA-0002168; and 2) delete item VIII.B.2. Accept the Sanctions and Penalties

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for Elected Officials law materials and add to the tentatively scheduled March 16, 2020, special

General Tribal Council meeting agenda].

 On February 5, 2020, the Legislative Operating Committee entered into record the e-poll results:

Sanctions and Penalties for Elected Officials Law – Approve Updated Materials and Fiscal Impact

Statement Request; ratified the January 21, 2020, e-poll results into record; and enter into the record

the January 21, 2020, e-poll results for the rescission of the January 21, 2020, LOC motion

approving the Sanctions and Penalties for elected Officials Law adoption packet and forward to the

OBC for inclusion on the tentative March 2020 GTC meeting agenda.

 On October 7, 2020, this Law was readded to the Active Files List for the 2020-2023 legislative

term.

 On October 4, 2023, the Legislative Operating Committee added this Law its Active Files List for

the 2023-2026 legislative term.

 On January 29, 2024, the Legislative Operating Committee conducted an e-poll titled, Approval of

the March 6, 2024 LOC Community Meeting Notice. The requested action of this e-poll was to

Approve the Legislative Operating Committee community meeting notice and schedule the

community meeting to take place on March 6, 2024. The Sanctions and Penalties law was a topic

for discussion included on this e-poll. This e-poll was unanimously approved.

 On February 7, 2024, the Legislative Operating Committee to entered into the record the results of

the January 29, 2024, e-poll titled, Approval of the March 6, 2024, LOC Community Meeting

Notice.

B. Work Meetings. At the time this legislative analysis was developed, the following work meetings had

been held regarding the development of this Law and legislative analysis:

 September 6, 2017: LOC work meeting.

 November 1, 2017: LOC work meeting with representatives from the following boards, committees

and commissions: Police Commission, Trust Enrollment Committee, Election Board, Land

Commission, Oneida Gaming Commission, Pow-wow Committee. All boards, committees and

committees were invited to attend this work meeting.

 December 6, 2017: LOC work meeting.

 March 9, 2018: LOC work meeting.

 March 16, 2018: LOC work meeting.

 May 2, 2018: LRO work meeting.

 May 3, 2018: Community pot-luck meeting with LOC, Oneida community members, Government

Administrative Office, and representatives from the following boards, committees and

commissions: Oneida Police Commission, Oneida Nation Veterans Affair Committee,

Environmental Resource Board, Anna John Resident Centered Care Community Board, and

Gaming Commission. All boards, committees and commissions were invited to attend this meeting.

 May 11, 2018: LOC work meeting.

 May 16, 2018: LOC work meeting.

 July 9, 2018: Work meeting with Government Administrative Office.

 August 1, 2018: LOC work meeting.

 September 10, 2018: LOC work meeting.

 October 17, 2018: LOC work meeting.

 October 25, 2018: LOC work meeting.

 November 30, 2018: LOC work meeting.

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December 20, 2018: Work meeting with Cultural Heritage.

January 2, 2019: LOC Work meeting.

January 24, 2019: LOC Work meeting.

February 4, 2019: LOC Work meeting.

February 6, 2019: LOC work meeting.

February 8, 2019: LOC work meeting.

February 14, 2019: LOC work meeting.

February 20, 2019: LOC work meeting.

March 1, 2019: LOC work meeting.

March 15, 2019: LOC work meeting.

March 20, 2019: LOC work meeting

March 28, 2019: LOC work meeting.

May 1, 2019: LOC work meeting.

June 13, 2019: LOC work meeting.

July 11, 2019: LOC community outreach event at the Radisson Hotel and Conference Center prior

to a GTC meeting.

July 17, 2019: LOC community outreach event at the Norbert Hill Center’s Business Committee

Conference room.

August 9, 2019: LOC community outreach event at the Veteran’s Breakfast.

August 15, 2019: LOC community outreach event at the Oneida Farmer’s Market.

August 21, 2019: LOC work meeting.

October 7, 2019: LOC community outreach event at the Elder Services Congregate Meal Site.

October 16, 2019: LOC work meeting.

October 18, 2019: LOC community outreach event at the SEOTS building in Milwaukee.

October 31, 2019: LOC work meeting.

November 6, 2019: LOC work meeting.

November 15, 2019: LOC work meeting.

November 19, 2019: LOC work meeting.

November 20, 2019: LOC work meeting.

November 26, 2019: LOC work meeting.

December 2, 2019: LOC work meeting.

December 4, 2019: LOC work meeting.

December 9, 2019: LOC work meeting.

January 8, 2020: LOC work meeting with the Communications Department.

January 14, 2020: OBC work meeting.

January 15, 2020: LOC work meeting.

January 20, 2020: LOC work meeting.

December 6, 2023: LOC work meeting.

March 6, 2024: LOC work meeting.

March 6, 2024: LOC community outreach event at the Norbert Hill Center’s cafeteria.

March 20, 2024: LOC work session.

January 10, 2025: LOC work session with Oneida Business Committee.

February 19, 2025: LOC work session.

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SECTION 5. CONTENTS OF THE LEGISLATION.

A. What Qualifies as Misconduct. The Oneida Nation expects elected officials to uphold high standards

of conduct. [1 O.C. 120.4-1]. Officials who engage in misconduct may be subject to sanctions and

penalties. [1 O.C. 120.4-2]. Under this Law, the definition of misconduct is very broad and includes

any of the following:

 Violating the Oneida Constitution or any law, policy or rule of the Oneida Nation. [1 O.C. 120.42(a)].

 Examples include the Code of Ethics and Conflict of Interest law.

 Violating the bylaws or standard operating procedures of the entity the official serves on. [1 O.C.

120.4-2(b)].

 Being convicted of a felony under federal or Wisconsin law, or being convicted of a crime

elsewhere that would be considered a felony in the state of Wisconsin or the United States. [1 O.C.

120.4-2(c)].

B. Filing a Complaint.

 Who Can File a Complaint? Under this Law, any enrolled member of the Nation or employee of

the Nation age eighteen (18) years or older can file a complaint, so long as they have knowledge or

reason to believe that an official has committed misconduct. [1 O.C. 120.5-1]. Entities of the

Nation, such as a board, committee or commission, can also file complaints against elected

officials. Id.

 When to File Complaint? The complaint must be filed within sixty (60) days of when the alleged

misconduct occurred or was discovered [1 O.C. 120.5-2].

 Contents of the Complaint. Complaints must include the following information [1 O.C. 120.5-3]:

 Information about the official, including the official’s name and the entity they serve on.

 Information about the alleged misconduct, including date, time, location and specific

details.

 The specific law, policy, rule or bylaw that the official violated.

 Information about any witnesses or others with knowledge of the violation.

 Contact information of the individual filing the complaint.

 Supporting documents and any other information required by the Oneida Judiciary Rules

of Civil Procedure. [8 O.C. 803.5-1].

 Where to File Complaints? Complaints against elected officials are filed with the Trial Court, with

is located within the Oneida Judiciary. [1 O.C. 120.5-4].

 Retaliation. Retaliation against someone who files a complaint or cooperates with a misconduct

investigation is not allowed. [1 O.C. 120.5-5].

C. Complaint Procedure. Complaints against elected officials will be heard by the Nation’s Trial Court.

[1 O.C. 120.6-1]. The law outlines the process for how the Judiciary will hear the complaint:

 Right to an Attorney or Advocate. Any official who has been accused of misconduct has the right

to be represented by an attorney or an advocate, at their own expense. [1 O.C. 120.6-2].

 Legal Resource Center. The Legal Resource Center law established an office, the Legal

Resource Center, to provide legal advice and representation to Tribal members and

employees in cases before the Judiciary. [8 O.C. 811.1-1].

 Burden of Proof. The burden of proof for allegations made under this law is “clear and convincing

evidence.” [1 O.C. 120.6-3]. This is the same standard the Nation uses in misconduct cases against

judges in the Oneida Judiciary. [8 O.C. 801.12-6(c)].

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This means that the person filing the complaint must provide evidence “indicating that the

[allegation] to be proved is highly probably or reasonably certain” [Black’s Law

Dictionary]. This is a greater burden than “preponderance of the evidence,” the standard

in most civil trials, but less than evidence “beyond a reasonable doubt,” which is used for

criminal trials.

 Confidentiality. All complaints against officials of the nation will be handled confidentially, with

hearings and proceedings regarding the complaint closed to the public. [1 O.C. 120.6-4]. Records

of the hearings will be kept confidential. [120.6-4(b)]. However, the final decision of the Judiciary

and any sanctions and penalties imposed against an official will be public information. Id.

 Judiciary Law. The Judiciary law states that proceedings of the court are open to the public

except for peacemaking, mediation, proceedings where the judge has safety or

confidentiality concerns, or “if expressly prohibited by law.” [8 O.C. 801.4-4].

D. Hearings Under Oneida Judiciary Rules of Civil Procedure. All hearings under this law must follow

the Oneida Judiciary Rules of Civil Procedure. [8 O.C. 803]. The following is a brief overview of how

a civil case is processed by the Trial Court using the Oneida Judiciary Rules of Civil Procedure. For

more detailed information regarding the trial court process, see the Oneida Judiciary Rules of Civil

Procedure in the Nation’s Code of Laws.

 Petitioner Files a Complaint with the Trial Court and Pays Filing Fee. The Trial Court has a

standard complaint form with instructions to fill out the complaint.

 Complaint. At the time this analysis was drafted, the Oneida Judiciary Rules of Civil

Procedure require the complaint to include the full name and address of the plaintiff and

defendant, why the defendant is being sued, facts supporting each claim, why the trial court

has jurisdiction, specifically what relief is sought from the defendant, and a summons. [8

O.C. 803.5-1].

 Filing Fee. The Oneida Judiciary Trial Court currently charges a fifty dollar ($50) filing

fee to file a general civil case. However, individuals may request a fee waiver from the

court for the following reasons: unemployed, health/medical, or below poverty level.

 Summons: A summons is a document ordering a defendant to appear before a judge. The

Trial Court has a standard summons form. [8 O.C. 803.3-1(oo), 803.5-2].

 Complaint and Summons are served on Official. The complaint and summons must be delivered to

the elected official within thirty (30) days after the complaint is filed. [8 O.C. 803.5-3]. In addition,

for complaints against officials, notice must also be served to the Secretary’s office. Id. The

petitioner must provide proof to the Court that the complaint and summons were delivered to the

defendant within ten (10) days of delivery. [8 O.C. 803.5-3(b)]. If proof of service is not completed,

then the case will be dismissed. [8 O.C. 803.5-3(c)].

 Official Files an Answer. The official responds to the complaint by filing an answer. [8 O.C. 803.72(b)]. The official can either admit to or deny the allegations made in the complaint and provide

defenses to each claim made in the complaint [8 O.C. 803.7].

 Pre-Trial Meeting. A pre-trial meeting may be scheduled between the judge, petitioner and

defendant. [8 O.C. 803.12-1]. The purpose for this meeting could include preparing for the trial,

creating a plan regarding discovery, or facilitating a settlement, such as peacemaking [8 O.C.

803.12].

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Hearing. Hearings are conducted in accordance with the Oneida Judiciary Rules of Civil Procedure,

which may include opening statements, presentation of the parties’ cases, rebuttals and closing

statements [8 O.C. 803.38].

Judgment. If the Trial Court determines, by clear and convincing evidence, that there is enough

evidence to substantiate the allegations of misconduct by the official, then the Trial Court will

impose any sanctions and penalties that they deem appropriate. [1 O.C. 120.6-5]. If the Trial Court

does not find there is clear and convincing evidence to support the allegations, the complaint will

be dismissed. Id.

Appeals. Both the official accused of misconduct and the individual who filed the complaint have

the right to appeal the decision of the Trial Court to the Court of Appeals. [1 O.C. 120.6-6; 8 O.C.

803.39-1]. The appeal must be filed with the Court of Appeals in accordance with the Oneida

Judiciary Rules of Appellate Procedure. Id.

 Timeline for Appeal. Appeals of judgments of the Trial Court must be filed with the Court

of Appeals within thirty (30) days after the judgment was rendered. [8 O.C 805.5-2(a)].

Chart 2. Complaint Process Against Elected Officials – Overview of Oneida Judiciary Rules of Civil

Procedure.

Petitioner files

complaint with Trial

Court and pays filing

fee

Hearing

Court issues a

summons

Court issues

judgment

Petitioner arranges

for service of

complaint and

summons on official

Official files answer

to the complaint

Court may order

pre‐trial meeting

. . ..___H.___

No, official did not

engage in Misconduct

Complaint is

dismissed

Individual who filed

complaint may

appeal to Court of

Appeals

Yes, official engaged

in misconduct

Trial Court selects

appropriate

sanction(s) or

penalty

412

413

414

415

416

417

418

419

may appeal

- toOfficial

Court of Appeals

,

E. Sanctions and Penalties. This Law includes a list of sanctions and penalties that may be imposed on

an official for misconduct in office. [1 O.C. 120.4-1, 120.7-2]. The Trial Court is responsible for

imposing sanctions and penalties on an elected official. [1 O.C. 120.7-3].

 Conditional Penalties. Sanctions and penalties may be imposed on a conditional basis. [1

O.C.120.7-4]. For example, an official could be ordered to make a public apology and attend

mandatory training, or otherwise face suspension.

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Failure to Comply. If an official fails to comply with a sanction or penalty imposed against them,

that official can face additional sanctions as a result of additional misconduct complaints under this

Law. [1 O.C. 120.7-6]. An example would be an official failing to pay a fine, failing to attend

mandatory training or violating the terms of their suspension .

Chart 3. List of Potential Sanctions and Penalties for Elected Officials.

Potential Sanctions and Penalties:

 Verbal Reprimand

 Public Apology

 Written Reprimand

 Suspension

 Restitution

 Fines

 Loss of Stipend

 Mandatory Training

 Removal, in accordance with Removal Law









Verbal Reprimand. During an Oneida Business Committee or General Tribal Council meeting,

the Nation’s chairperson will read the following statement: [Insert name of official] who serves on

[Insert name of entity] is receiving this reprimand because they have been found by the Nation’s

Judiciary to have engaged in misconduct. High standards of conduct amongst officials of the Nation

are essential to the conduct of government. [Insert name of official’s] behavior did not rise to the

high standards of conduct that is expected of the Nation’s elected officials. The following are the

findings from the Trial Count regarding [Insert name of official’s] misconduct: [identify the

judicial findings regarding the misconduct.] Any future misconduct may result in the imposition of

additional sanctions or penalties. [1 O.C. 120.7-2(a)].

Public Apology. An official may be ordered to make a public apology at an Oneida Business

Committee or General Tribal Council meeting. [1 O.C. 120.7-2(b)]. The apology is required to

identify the judicial findings regarding the official’s misconduct and include a “clear and

unambiguous” apology. Id.

Written Reprimand. The Judiciary Trial Court may publish a written reprimand in the Nation’s

official media outlets. [1 O.C. 120.7-2(c)]. Resolution BC-02-22-17-B, Identifying Official Oneida

Media Outlets, identifies the Nation’s official media outlets as the Oneida Nation website and the

Kalihwisaks newspaper. The written reprimand will include the same information as a verbal

reprimand. [1 O.C. 120.7-2(c)(1)].

Suspension. The Trial Court may suspend part-time officials for up to two (2) meetings. [1 O.C.

120.7-2(d)].Full-time officials, such as members of the Oneida Business Committee or Oneida

Gaming Commission, may be suspended for up to fifteen (15) business days. Id. During a

suspension, the official cannot attend meetings, trainings, or conferences. [1 O.C. 120.7-2(d)(1)(A)(B)]. The official also cannot vote or perform work for the entity. [1 O.C. 120.7-2(d)(1)(C)-(D)].

In addition, the official cannot earn any stipends, salary, or mileage during the suspension. [1 O.C.

120.7-2(d)(1)(E)].

 Multiple Suspensions on One Entity. If multiple officials on the same entity are suspended

at the same time, the suspensions may be imposed on a staggered basis so that the business

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of the Nation is not interrupted. [1 O.C. 120.7-2(d)(3)]. For example, if multiple members

of the Oneida Business Committee are suspended, each member could be suspended one

at a time on a staggered basis.

Restitution. An official can be ordered to pay restitution, which means paying back any improperly

received benefit, such as returning funds or paying to replace damaged property. [1 O.C. 120.72(e)].The point of restitution is to make someone whole.

Fines. An official can be ordered to pay a fine for each act of misconduct. [1 O.C. 120.7-2(f)].

Unlike restitution, a fine is a punishment. The maximum amount of each fine is two thousand five

hundred dollars ($2,500). Id.

 Fine Process. All fines are paid to the Trial Court and deposited into the Nation’s General

Fund. [120.7-2(f)(1)]. Officials must pay their fine within ninety (90) days after the fine is

issued or upheld on final appeal. [I O.C. 120.7-2(f)(3)].If the fine is not paid on time, the

Nation may collect the money through garnishment or attachment of the official’s per

capita payment. Id.

 Community Service Alternative. An official can complete community service to make up

all or part of their fine. [1 O.C. 120.7-2(f)(2)]. The rate earned for community service is

the Nation’s minimum wage rate. The Nation currently allows community service for fines

issued in the Hunting, Fishing and Trapping law and Curfew law for examples. [4 O.C.

406.10-5(a), 3 O.C. 308.7-1(b)].

Loss of Stipend. An official may lose their stipend for up to two (2) meetings. [1 O.C. 120.7-2(g)].

Members of elected boards may receive up to twenty-four (24) meeting stipends per year, so this

could amount to the loss of approximately one (1) month’s stipends for a member of a board that

meets twice monthly [1 O.C. 105.13-3(b)].

Mandatory Training. An official can be ordered to complete a mandatory training program to

address their behavior. [1 O.C. 120.7-2(h)]. Examples include anger management or sexual

harassment training.

Removal. The Trial Court can recommend that the removal process be initiated for an official in

accordance with the Removal Law. [1 O.C. 120.7-2(i)]. However, this would only be a

recommendation and identification that the standards for removal have been met. The Removal

Law provides a strict process that must be followed to remove elected officials. [1 O.C. 104].

 Removal Law Process. In order to remove an elected official, an eligible voter must file a

petition with the Secretary signed by at least fifty eligible voters or thirty percent (30%) of

the vote cast in the previous general election, whichever is greater. [1 O.C. 104.5-1]. For

example, the number of votes cast in the 2017 general election was one thousand six

hundred and twelve (1,612), so the number of signatures needed to initiate removal is

approximately four hundred and eighty-four (484). Then, the Judiciary conducts a

preliminary review to determine whether there are sufficient grounds for removal. [1 O.C.

104.6-1]. If sufficient grounds exist, the Judiciary holds a hearing. [1 O.C. 104.7]. If the

Judiciary determines that sufficient grounds for removal has been proven by clear and

convincing evidence, the findings are forwarded to the Nation’s Chairperson, who

schedules a General Tribal Council meeting. [1 O.C. 104.7-3, 104.8-1]. At the General

Tribal Council meeting, an elected official may be removed from office after a two-thirds

(2/3) majority vote. [1 O.C. 104.8-3].

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F. Factors in Determining Appropriate Sanction and/or Penalty. The Trial Court may consider the

following when deciding which sanction or penalty to impose:

 How severe the misconduct was, whether it was intentional, and how likely the official is to repeat

the misconduct.

 The damage to the finances or reputation of the Nation, the entity, or any person or organization.

 Whether the official has expressed remorse and is willing to take steps to correct the harm done.

 Whether any prior complaints have been filed against the official. For example, whether this is the

first complaint against the official or represents a pattern of behavior. [1 O.C. 120.7-3].

G. Civil Liability and Criminal Prosecution. In addition to the sanctions and penalties in this law, an

official who commits misconduct may also experience other consequences. [1 O.C. 120.7-5]. These

include:

 Removal from office in accordance with the Removal law. [1 O.C. 120.7-5(a)].

 Criminal prosecution, if the official violated a criminal law. [1 O.C. 120.7-5(b)]. For example,

criminal charges for theft or violent acts.

 Civil liability, in accordance with any applicable law of any jurisdiction. [1 O.C. 120.7-5(c)]. For

example, a lawsuit for damages.

 Any other penalties listed in another law of the Oneida Nation. [1 O.C. 120.7-5(d)].

 For example, a violation of the Technology Resources law may result in loss of access to

the Nation’s computer resources. [2 O.C. 215.10-1].

H. Effect of Resignation by an Official. If an official resigns from office after a complaint has been filed,

that complaint will still be investigated, and sanctions and penalties may still be pursued. [1 O.C.120.8].

Resigning from office does not end or prevent an investigation.

I. Record of Conduct. A record of conduct for each official will be maintained by the Judiciary. [1 O.C.

120.9-1]. The record of conduct maintained for each official will include copies of complaints filed

against the official, recordings and transcripts from any hearings or proceedings, outcomes of the

complaints, and any sanctions and penalties the official received. [1 O.C. 120.9-2]. This record is

required to bee maintained for at least seven (7) years. [1 O.C. 120.9-3].

 Public Access to Record of Conduct. The record of conduct maintained by the Judiciary will only

be made available for review to the Judiciary. [1 O.C. 120.9-1]. The purpose of the record of

conduct is so that the Trial Court can review previous complaints against the official when

determining a potential sanction or penalty. [1 O.C. 120.7-3(h))].

 Public Access to Judiciary Decisions. However, the decisions of the Judiciary regarding a

complaint against an elected official and any sanctions and penalties imposed against an official

will be public information. [1 O.C. 120.6-4(b)].

533

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SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to the Other Laws of the Nation: The following laws of the Nation are referenced in this

law. This law does not conflict with any of the referenced laws.

 Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure governs

all civil actions that fall under the jurisdiction of the Nation. [8 O.C. 803.1-1]. The Oneida Judiciary

Rules of Civil Procedure provides a consistent set of rules governing the process for civil claims,

in order to ensure equal and fair treatment to all persons who come before the Trial Court to have

their disputes resolved. [8 O.C. 803.1-2].

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Complaints against an official shall be filed with the Nation’s Trial Court in accordance with

the Oneida Judiciary Rules of Civil Procedure. [1 O.C. 120.5-4].

Rules of Appellate Procedure. The Rules of Appellate Procedure govern the procedure in all actions

and proceedings in the divisions that make up the Court of Appeals within the Judiciary that fall

under the jurisdiction of the Nation. [8 O.C. 805.1-1]. The Rules of Appellate Procedure are to be

liberally construed to ensure a speedy, fair., and inexpensive determination of every appeal. [8 O.C.

805.1-2].

 Appeals of the Trial Court’s decision shall be filed pursuant to the Nation’s Rules of Appellate

Procedure. [1 O.C. 120.6-6].

Garnishment Law. The Garnishment law exercises the authority of the Nation to provide an

effective mechanism for creditors to access an employee’s income for reduction of personal debt.

[2 O.C. 2010.1-1]. It is the policy of the Garnishment law to afford all individuals due process. [2

O.C. 2010.1-2].

 If an official is ordered to pay a fine in accordance with this law and does not pay according to

the deadline, the Trial Court may seek to collect that fine through the Nation’s garnishment

process [120.7-2(f)(3)].

Per Capita Law. The purpose of the Per Capita law is to specify the procedure to be followed in

the event that per capita payments are distributed by the Nation; and to clearly state the

responsibilities of the various Oneida entities in the distribution or maintenance of any such per

capita payment. [1 O.C. 123.1-1].

 If an official is ordered to pay a fine in accordance with this law and does not pay according to

the deadline, the Trial Court may seek to collect that fine through the Nation’s per capita

attachment process [1 O.C. 120.7-2(f)(3)].

Removal Law. The purpose of the Removal law is to govern the removal of persons elected to

serve on boards, committees and commissions of the Nation. [1 O.C. 104.1-1]. It is the policy of

the Removal law to provide an orderly and fair process for the removal of persons elected to serve

on boards, committees and commissions. [1 O.C. 104.1-2].

 The Trial Court may recommend that the process for removing an elected official as contained

in the Nation’s laws and/or policies governing removal be initiated as a sanction for

misconduct. [1 O.C. 120.7-2(i)].

 The imposition of sanctions and/or penalties in accordance with this law does not exempt an

official from individual liability for the underlying misconduct, and does not limit any penalties

that may be imposed in accordance with other applicable laws, such as removal in accordance

with the Nation’s laws and/or policies governing removal. [1 O.C. 120.7-5].

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Due Process. Officials accused of misconduct have the right to be represented by an attorney or

advocate. [1 O.C. 120.6-2].Officials also have the right to submit a written response to the complaint, and

an opportunity to appear at the investigatory hearing to answer the allegations, provide witness testimony,

documents and evidence on their behalf. [8 O.C. 803]. Complaints against officials must be proven by clear

and convincing evidence. [1 O.C. 120.6-3].

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SECTION 8. OTHER CONSIDERATIONS

A. Complaints against Judiciary. The Judiciary law already contains a process for the reprimand,

suspension, and removal of judges for willful misconduct in office, including a hearing and complaint

procedure. [8 O.C. 801.12]. Therefore, this law does not apply to members of the Judiciary. [1 O.C.

120.1-1(a)].

B. Judiciary Conflicts of Interest. The Oneida Tribal Judiciary Canons of Judicial Conduct requires a

Judge to withdraw from any matter where the Judge has or could be perceived to have a conflict of

interest. [8 O.C. 802.2-2]. Violating the Oneida Tribal Judiciary Canons of Judicial Conduct would be

grounds for reprimand under the Nation’s Judiciary law

C. Complaints Against Appointed Officials. This law applies to elected officials only. Appointed officials

are appointed by the Oneida Business Committee in accordance with the Boards, Committees and

Commissions law and serve at the Oneida Business Committee’s discretion. [1 O.C. 105.7]. If an

appointed official commits misconduct in office, termination of appointment may be recommended by

a member of the Oneida Business Committee, or by the entity the official serves on. [1 O.C. 105.7-4].

An appointed official may have their appointment terminated by a two-thirds (2/3) majority vote of the

Oneida Business Committee [1 O.C. 105.7-4(a)].

D. Code of Ethics. Most other tribal, municipal, and state governments place sanctions and penalties

within their Code of Ethics law. This makes sense, as the Code of Ethics and Sanctions and Penalties

are closely related. The Code of Ethics is currently on the LOC’s Active Files List for potential

amendments. Updating the Code of Ethics would provide additional guidance to elected officials,

individuals filing complaints, and the Judiciary when they begin hearing complaints under this law.

E. Comparison to Other Nations. Research of other tribal nations indicate that there are many different

processes for sanctions and penalties of public officials. There is no uniform standard used by all tribal

governments. Examples of other sanctions and penalties processes are provided for information:

Chart 4. Sanctions and Penalties Process of other Tribal Nations

Tribe

Where Complaints Are Who Investigates or Who Decides the

Filed

Hears the Complaint

Sanction or Penalty

Oneida Nation

Judiciary

Judiciary

Judiciary

(proposed)

Siletz

Tribal Council*

Ho Chunk

Judiciary

Ad Hoc Committee or

Special Advisor

appointed by Tribal

Council*

Judiciary

Tribal Council*

President

Tribal Council*

Ethics Commission,

Ethics Commission,

appointed by Tribal

appointed by Tribal

Council*

Council*

Skokomish

Ethics Officer,

Ethics Officer,

Chairman

appointed by Tribal

appointed by Tribal

Council*

Council*

*Note that “Tribal Council” refers to an elected body similar to the Oneida Business Committee.

Rosebud Sioux

609

610

611

612

F. Number of Potential Complaints. Since the Nation currently has no formal sanctions and penalties

process, it is not possible to predict the number of complaints that may be filed against elected officials.

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 Conclusion: Given the uncertainty regarding the number of potential complaints, the Judiciary

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should be prepared to possibly process a large number of complaints upon passage of this law.

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G. Impact of Suspension on Full-Time Officials. Members of the Oneida Business Committee and

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Oneida Gaming Commission are full-time elected officials. Therefore, suspension of these officials

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would impact salaries, benefits such as health insurance, and access to workplaces. The Human

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Resources Department reports that they have a suspension procedure in place for employees of the

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Nation, and that this procedure could be applied or modified for suspension of full-time officials.

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 Conclusion: Since notifications of suspension go to the Human Resources Department, it is

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suggested that the Human Resources Department develop a process should suspensions of full622

time Oneida Business Committee members or Oneida Gaming Commissioners occur.

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

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC625

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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

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

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completing the fiscal impact statement.

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 Conclusion. A fiscal impact statement for an earlier draft of this law was prepared by the Finance

630

Department on December 27, 2018. An updated fiscal analysis was prepared on January 20, 2020.

631

Please see the fiscal impact statements for further information.

632

Page 17 of 17

LEGISLATIVE OPERATING COMMITTEE

47 of 51

COMMUNITY

WORK SESSION

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LEGISLATIVE OPERATING COMMITTEE MEMBERS

Jameson

Wilson

LOC Chairman

Kirby Metoxen

Marlon

Skenandore

Jennifer

Webster

Jonas Hill

48 of 51

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Boš ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

"

GDDDDO

ONEIDA

AGENDA REQUEST FORM

February 19, 2025

1) Request Date: _____________________________________________________

Trina Schuyler

2) Contact Person(s): ______________________________________

Child Support

Dept:____________________________

920-490-3872

tschuyle@oneidanation.org

Phone Number:_________________________

Email: __________________________________

General Welfare Law Amendment

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

The Oneida Nation Child Support Agency is requesting to amend the

General Welfare Law Ch. 1001 to allow these distributions to tribal

_______________________________________________________________________________

membership be withheld for those who owe past due child support and

arrears to custodial parents and caregivers and be distributed

_______________________________________________________________________________

appropriately

_______________________________________________________________________________

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

Memo to GM 2-19-25

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

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

General Welfare Law Ch. 1001 and Child Support Law Ch. 704

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

Human Services Division Director and General Manager

______________________________________________________________________________

7) Do you consider this request urgent?

[i] Yes

□ No

If yes, please indicate why:

Families supporting children require immediate assistance and this outstanding debt deserves urgent attention.

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

Trina Schuyler

Date: 2025.02.19 17:11:33 -06'00'

__________________________________________________________________________

Digitally signed by Trina Schuyler

Please send this form and all supporting materials to:

LOC@oneidanation.org

or

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

49 of 51

Oneida Nation

Child Support Agency

"

GDDDCJD;

ONEIDA

Memo

To:

Mark Powless, General Manager

From:

Trina Schuyler, Child Support Director

cc:

Tina Jorgensen, GSD Director

Date:

1-14-25

Re:

GWE Law Amendment Needed

The General Welfare Exclusion Law currently prohibits the garnishment or assignment of tribal

member’s general welfare assistance payments for child support arrears. Previous to the Covid19 pandemic tribal per capita was garnished for child support arrears, until the General Welfare

Exclusion law was adopted through emergency on 8-12-20 and then fully adopted on 12-8-21.

According to 1001.1-2, it is the policy of the Nation to provide assistance to members through

approved programs that promote the general welfare of the Nation. This law provides a

framework for approved programs to follow to ensure compliance with the General Welfare

Exclusion, 26 U.S.C. §139E, and applicable Internal Revenue Service regulations or revenue

procedures including I.R.S. Rev. Proc. 2014-35.

The Oneida Nation Child Support law 704.1-1(a) was created to: (a) Establish the legal

responsibility of parents to provide financially for their children’s general well-being.

The following shows the amount paid to families from per capita attachment for the past five

years before the General Welfare Law was adopted.

2015-$712,319

2016-$511,842

2017-$652,370

2018-$628,274

2019-$642,202

Totaling $3,147,007 that went directly to care for Oneida Nation children.

Since the General Welfare Law was established that prohibited attachment for child support

arrears, the result has been $0 for payments paid to families for child support arrears from the

General Welfare distribution payments. Without withholding the General Welfare payment for

these children, families are finding it much harder to provide for these children. This has proven

detrimental to these families as often; this was the only payment received all year.

50 of 51

As of September 30, 2024, Oneida Nation Child Support has 2,815 cases with 54% having

arrears owed totaling $14,204,903.

Of these 1,526 (54%) cases, each have at least one child. Exact number of children per case is

being gathered at this time, however projections suggest at least 2,000 children are negatively

affected each year from not being able to intercept the General Welfare payments.

The agency is not requesting to include the GWE payment as income for child support

calculation, only to re-direct distributions to care-givers whom arrears are owed for the general

welfare of our Nation’s children.

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

~

ONEIDA

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March 2025

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MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Mar 3

4

5

6

7

11:00am Vendor

Licensing - work

meeting (Microsoft

Teams Meeting;

BC_Exec_Conf_Room) Carolyn A. Salutz

9:00am Higher Education

Grant Law/Rule

(BC_Exec_Conf_Room) Grace L. Elliott

8:30am LOC Prep Meeting

(Microsoft Teams

Meeting) - Clorissa N.

9:00am Legislative

Operating Committee

Meeting (Microsoft

5:30pm LOC

COMMUNITY

10

11

12

13

14

12:15pm PUBLIC

MEETING: Oneida

Nation Law

Enforcement

Ordinance

Amendments and

Landlord Tenant

Amendments

17

18

19

20

8:30am LOC Prep Meeting

(Microsoft Teams

9:00am Legislative

Operating Committee

1:30pm Public Use of

Tribal Land Law

3:00pm LOC Work

Session

3:00pm Indian Preference

in Contracting Law

Amendments

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

21

24

25

26

27

28

31

Apr 1

2

3

4

10:00am Recycling and

Solid Waste - work

meeting (Microsoft

Teams Meeting) Carolyn A. Salutz

LOC

1

2/28/2025 4:11 PM