Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

February 21, 2024

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 7, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

IV.

New Submissions

1. Pardon and Forgiveness Screening Committee Bylaws Amendments (pg. 4)

2. Landlord-Tenant Law Amendments (pg. 6)

V.

Additions

VI.

Administrative Updates

1. Budget and Finances Law One Year Review Memorandum (pg. 14)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

February 7, 2024

9:00 a.m.

Present: Jennifer Webster, Kirby Metoxen, Jonas Hill

Excused: Jameson Wilson, Marlon Skenandore

Others Present: Clorissa N. Leeman, Grace Elliott, Keith Doxtator, Brooke Doxtator, Maureen

Perkins

Others Present on Microsoft Teams: Eric Boulanger, Fawn Cottrell, Joy Salzwedel, Lorna

Skenandore, Matt Denny, Peggy Helm-Quest, Todd Vanden Heuvel, Whitney Wheelock, David P.

Jordan, Janice Decorah, Lisa Moore, Mark Powless

I.

Call to Order and Approval of the Agenda

Kirby Metoxen called the February 7, 2024, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster approve the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. January 17, 2024 LOC Meeting Minutes

Motion by Jennifer Webster to approve the January 17, 2024, LOC meeting minutes;

seconded by Jonas Hill. Motion carried unanimously.

III.

Current Business

1. Drug and Alcohol Free Workplace Law Amendments

Motion by Jennifer Webster to approve the adoption packet for the Drug and Alcohol Free

Workplace law amendments and forward to the Oneida Business Committee for

consideration; seconded by Jonas Hill. Motion carried unanimously.

2. Clean Air Policy Amendments

Motion by Jennifer Webster to approve the adoption packet for the Clean Air Policy

amendments and forward to the Oneida Business Committee for consideration; seconded

by Jonas Hill. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of February 7, 2024

Page 1 of 2

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ONEIDA

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IV.

New Submissions

1. Boards, Committees, and Commissions Law Amendments

Motion by Jennifer Webster to add the Boards, Committees, and Commissions law

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

Hill. Motion carried unanimously.

V.

Additions

VI.

Administrative Items

1. Legislative Operating Committee Fiscal Year 2024 First Quarter Report

Motion by Jennifer Webster to approve the Legislative Operating Committee Fiscal Year

2024 First Quarter Report and forward to the Oneida Business Committee; seconded by

Jonas Hill. Motion carried unanimously.

2. E-Poll Results: Approval of the March 6, 2024 LOC Community Meeting Notice

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.

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:21 a.m.; seconded by Jonas Hill. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of February 7, 2024

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Onelda-nsn.gov

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ONEIDA

AGENDA REQUEST FORM

1) Request Date: February 12, 2024

2)

Contact Person(s): Bonnie Pigman

----------------

Dept: Boards, Committees,Commissions

Email: bpigman@oneidanation.org

Phone Number: 920-869-4372

3)

Agenda Title: Pardon and Forgiveness Bylaws

4)

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

See attached PFSC Bylaws Amendments Memorandum

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

l) 2021 04 28 PFSC Bylaws

3)

--'-------------

2) _ _ _ _ _ _ _ _ _ _ _ _

5)

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

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

Pardon and Forgiveness Law

6)

Please list all other departments or person(s) you have brought your concern to:

7)

Do you consider this request urgent?

□ Yes

[iJNo

If yes, please indicate why:

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

the Legislative Operating Committee.

Sign,m,e ofRequeste,:

C.

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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

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Oneida Nation

=DDDDDD=

Pardon and Forgiveness Screening Committee

PO Box 365 • Oneida, WI 54155-0365

oneJda~nsn.gov

ONEIDA

Memorandum

TO:

Jameson Wilson, LOC Chair

FROM:

Eric Boulanger, PFSC Chair'@)

DATE:

February 12, 2024

RE:

Pardon and Forgiveness Screening Committee Bylaw Amendments

-

The purpose of this memorandum is to request amendments to the Pardon and Forgiveness

Screening Committee bylaws.

According to 7-1 of our bylaws we are required to review our bylaws on an annual basis. After

reviewing the bylaws, we identified the following areas needing amendments:

• Section 1-5(a)(2)(B) replace Oneida Social Service Department language with Oneida Human

Services Department

• Section 2-6(a) to change the Business Committee Support Office language to Government

Administrative Office

• Section 3-1. Regular Meetings, to change the language which reads: that regular meetings of

the PFSC shall occur on a quarterly basis and be held on the third Monday of the month each

quarter at the Norbert Hill Center located in Oneida Wisconsin commencing at 10:00 a.m., to

that regular meetings of the PFSC shall occur on a quarterly basis and be held on the Monday

prior to a scheduled hearing of the month each quarter at the Norbert Hill Center located in

Oneida Wisconsin commencing at 10:00 a.m.

• Sections6-1, 6-2, 6-2(a) & 6-3(a) to change the Business Committee Support Office language

to Government Administrative Office.

• Section 6-5 & 6-5(a) to change the Business Committee Support Office language to

Government Administrative Office.

Please note this isn't an all-inclusive list of changes as we anticipate there may be additional

amendments as we go through the formal process.

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

AGENDA REQUEST FORM

February 15, 2024

1) Request Date: _____________________________________________________

Clorissa Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office

Dept:____________________________

(920) 869-4417

cleeman@oneidanation .org

Phone Number:_________________________

Email: __________________________________

Landlord-Tenant Law Amendments

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

The LOC received a memo from Attorney Krystal John in the Oneida Law

Office regarding potential amendments that may be needed to the

_______________________________________________________________________________

Landlord Tenant law and the Eviction and Termination law (which is

already on the AFL for amendments). See attached memo for more info.

_______________________________________________________________________________

_______________________________________________________________________________

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

Memo from Attorney Krystal John

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

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

Landlord Tenant Law, Eviction and Termination Law

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

Request came from Oneida Law Office.

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

□ No

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

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

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Jo A11'

Anne

Jo

1ne House,

Ho1.1se, PhD

Pi'ID |I Chief

Ci'luef Counsel

Co1.1nsei

James R.

Jaimes

R. Bittorf

IBittll:ori |I Deputy

Dep1.1tty Chief

Ci'luef Counsel

Co1.111'1 sei

Kelly M.

Attorney

Ke!!y

M. McAndrews

Md'\ndlrews |I Senior

Se11'1 ior Staff

Sralfl' Attll:om

ey

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Law Office

l[airi

Carl J. AlltMaJll'1

Artman

Krystal

John

l. Johll'l

i<i'}l$taJI L.

Peggy A

A. Van

Gheem

Peggy

Vaill'l Gheem

Lydia M.

M. Witte

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ONEIDA

MEMORANDUM

TO:

Jameson Wilson, LOC Chairman

FROM:

Krystal L. John, Staff Attorney

CC:

Lisa Rauschenbach, CHD Director

Eric McLester, EHSLA Division Director

Mark Powless, General Manager

Eric Boulanger, OPD Chief of Police

Peter King, 1822 Land & Development Co.

DATE:

February 15, 2024

Kry 5t aI L• JQ hn

Digitally signed by Krystal L.

John

Date: 2024.02.15 14:40:26

-06'00'

SUBJECT: Revisions to the Landlord-Tenant and Eviction and Termination laws

The purpose of this memorandum is to point out an up-coming housing development which may

present a conflict of law question that the LOC may seek to remedy.

As I am sure the LOC is aware, the Nation is working towards opening a new housing

development at the Water Tower Circle. There are 2 proposed housing sites beginning

construction there. The first, is being managed by the Nation’s engineering team and will be

operated by Oneida Comprehensive Housing Division when it is open for residents. The second,

is being managed by 1822 with the tax credit investor partner1 and will be operated by that team

when it is open for residents.

Currently, the Oneida Landlord-Tenant and Eviction and Termination laws only apply when the

Nation is the landlord. For the new housing development, this would mean that Oneida tribal

members2 residing on the tribal land on the same street would be subject to different laws based

on which entity is managing the apartment complex.

1

A tax credit investor is an investor willing to provide up front capital for a housing development contingent on the

operating partner being awarded federal monies that, in combination with the tax credits that investor is able to

realize, are able to compensate the investor over time. Then, when all tax credits have been fully realized,

ownership will convert to the operating partner (in this case 1822).

2

The same concept would apply to all tenants, which could include non tribal members in the development that

will be operated by 1822 and their tax credit investor partner since tribal member applicants for that development

will receive a preference but applicants are not required to be tribal members (due to the federal funding used for

the project).

N7210 Seminary Road

920.869.4327

• P.O. Box 109 • Oneida, WI 54155 •oneida-nsn.gov

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Page 2

By making the Landlord-Tenant and Eviction and Termination laws applicable to all landlords

within the reach of the Nation’s jurisdiction, the Nation will also be filling a current gap in law

that currently leaves Oneida tribal member landlords questioning how to evict someone they

have permitted to live with them and their “tenants” asking how much notice, if any, are they

entitled to. To the extent the Nation has laws on point, the Nation’s laws would govern all

properties owned by tribal members within the reservation boundaries and would answer these

questions concretely.

In order to make the Landlord Tenant and Eviction and Termination laws generally applicable

and fully assert the Nation’s jurisdiction within the reservation boundaries, the following

revisions should be made the laws:

Landlord-Tenant:

1. Modify the purpose and policy statements as follows:

611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights of

the landlords and tenants of the Nation’s rental programssubject to the Nation’s jurisdiction.

611.1-2. Policy. It is the Nation’s policy to provide a fair processminimum requirements for to

all landlords and tenants of the Nation’s rental programs interactions that preserves the peace,

harmony, safety, health, and general welfare and the Nation’s resourcesof the Nation’s citizens.

2. Modify the following definitions as follows:

611.3. Definitions 611.3-1. This section shall govern the definitions of words and phrases as used

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

(b) “Landlord” means the Nation or any Tribal member, in its capacity toowning land

within the Reservation boundaries, when acting to rent real property owned by the Nation

or within the Reservation boundaries subject to a rental agreement.3

3. Modify the header in 611.4 as follows: 611.4. Oneida Nation Rental Programs

4. Add the following as 611.4-4, 611.4-5, and 611.4-6:

611.4-4. Oneida Nation Rental Agreements. All Oneida Nation rental agreements shall include

the following language related to waiver of sovereign immunity: Nothing in this Agreement may

be considered a waiver of the Nation’s sovereign immunity, provided that tenants may seek

enforcement of a rental agreement or dispute an action taken pursuant to a rental agreement with

the Oneida Judiciary.

3

The phrase “owned by the Nation or within the Reservation boundaries” is needed in order to capture land

owned by the Nation outside of the Reservation boundaries that the Nation may seek to rent out pursuant to this

law in the future.

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ONEIDA

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Page 3

611.4-5. Rules Further Governing Disposition of Personal Property. The Land Commission and

the Comprehensive Housing Division shall jointly create rules further governing the disposition

of personal property at related to the Nation’s rental agreements.

611.4-6. When Death of Tribal Member Tenant Affects Eligibility. In additions to the provisions

of section 611.9, the following provisions apply when the death of a Tribal member tenant

renders a non-Tribal member co-tenant no longer eligible for a rental agreement based on Tribal

member status. The non-Tribal member tenant may remain in the premises as follows:

(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section

611.9-1(b) below.

(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member

tenant may remain in the premises for a maximum of six (6) months from the date of the

Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a

Tribal member.

(1) In the event the original tenants have a Tribal member child, the non-Tribal

member tenant may remain in the premises under the rent-to-own agreement so

long as the non-Tribal member tenant either:

(A) Transfers the premises and the rent-to-own agreement to a child of one

(1) or both of the original tenants who is a Tribal member, eighteen years

or older, and agrees to live in the premises; or

(B) Signs an agreement indicating that the premises and the rent-to-own

agreement shall be transferred to a minor Tribal member child when the

child is eighteen (18) years old.

(2) Should the non-Tribal member tenant satisfy the payment requirements of the

rent-to-own agreement prior to the Tribal member child’s eighteenth (18th)

birthday, the rent-to-own agreement shall be extended at no additional cost to the

tenant and conveyance postponed until the Tribal member child reaches eighteen

(18) years of age and the rent-to-own agreement is transferred to the child.

(3) In the event the non-Tribal member tenant either has no children living in the

premises that are Tribal members or declines to the enter the agreement

transferring the rent-to-own agreement to a Tribal member child, the rent-to-own

agreement shall be terminated upon the tenant’s ineligibility to remain in the rentto-own program and a limited term rental agreement shall be executed in

accordance with section (b) above.

5. Modify section 611.5-2 as follows:

611.5-2. Requirements of Rental Agreements and Terminations. A rental agreement or

termination of a rental agreement is not enforceable unless it meets the requirements of this

law and is in writing.

(a) All rental agreements shall:

(1) Set forth the amount of rent or other consideration provided in exchange for

the ability to use/occupy the premises;

(2) Set forth the required amount of security deposit and require payment of the

security deposit prior to the tenant(s) taking use/occupancy of the premises;

(3) Set the time of commencement and expiration of the rental agreement;

(4) Provide a reasonably definite description of the premises;

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Page 4

(5) State that nothing in the agreement may be considered a waiver of the

Nation’s sovereign immunity, provided that tenants may seek enforcement of a

rental agreement or dispute an action taken pursuant to a rental agreement with

the Oneida Judiciary4; and

(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking

use/occupancy of the premises;

(A)The rental agreement is not required to be signed by all adults

using/occupying the premises, provided that the rights and responsibilities

contained in the rental agreement do not extend to persons that are not

named as tenants in the rental agreement.

(B) Unless legally separated, if a tenant(s) is married, the landlord shall

require that each spouse sign the rental agreement.5

6. Modify Section 611.6-2 as follows:

611.6-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is

evicted from the premises and leaves personal property, the landlord may presume that the tenant

has abandoned the personal property and may dispose of said property in any manner that the

landlord, in his or her sole discretion, determines is appropriate, provided that:

(a) The landlord shall hold personal property for a minimum of five (5) business days and

the tenant may retrieve said personal property by contacting the landlord.

(b) The landlord shall keep a written log of the date and the work time that the Nation’s

stafflandlord expends storing and/or removing personal property and/or

removing/disposing of debris left at the property after the expiration of the timeframe

provided in the order to vacate.

(c) The Land Commission and the Comprehensive Housing Division shall jointly create

rules further governing the disposition of personal property.6

7. Modify section 611.6-3(b)(3) as follows:

(3) Tenants shall comply with all applicable laws and rules of the Nation

8. Modify section 611.6-3(c)(2) as follows:

(2) If the tenant remains in possession, the landlord shall decrease rent for each month to

the extent the tenant is deprived of the full normal use of the premises. The Land

Commission and the Comprehensive Housing Division shall jointly develop rules

4

Moved to the section specific to the Nation’s rental agreements.

This is the only revision I am requesting that is not needed in order to make this law generally applicable to all

landlords and tenants. I am requesting this revision because without or without signature of a spouse, the Nation

follows WI’s marital property law principles. At times, getting signature of both spouses who may be estranged

but not legally separated or divorced is impossible and prejudices tribal member applicants.

6

Moved to the section specific to the Nation’s rental agreements.

5

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Page 5

governing how and when rent is decreased pursuant to this section. 7This subsection does

not authorize rent to be withheld in full, if the tenant remains in possession.

9. Delete sections 611.9-4 and 611.9-5, which read as follows:8

611.9-4. If the deceased tenant is a Tribal member whose death renders a co-tenant no longer

eligible for a rental agreement based on Tribal member status, the non-Tribal member tenant

may remain in the premises as follows:

(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section

611.9-1(b) above.

(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member

tenant may remain in the premises for a maximum of six (6) months from the date of the

Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a

Tribal member. In the event the original tenants have a Tribal member child, the nonTribal member tenant may remain in the premises under the rent-to-own agreement so

long as the non-Tribal member tenant either:

(1) Transfers the premises and the rent-to-own agreement to a child of one (1) or

both of the original tenants who is a Tribal member, eighteen years or older, and

agrees to live in the premises; or

(2) Signs an agreement indicating that the premises and the rent-to-own

agreement shall be transferred to a minor Tribal member child when the child is

eighteen (18) years old.

(c) Should the non-Tribal member tenant satisfy the payment requirements of the rent-toown agreement prior to the Tribal member child’s eighteenth (18th) birthday, the rent-toown agreement shall be extended at no additional cost to the tenant and conveyance

postponed until the Tribal member child reaches eighteen (18) years of age and the rentto-own agreement is transferred to the child.

(d) In the event the non-Tribal member tenant either has no children living in the

premises that are Tribal members or declines to the enter the agreement transferring the

rent-to-own agreement to a Tribal member child, the rent-to-own agreement shall be

terminated upon the tenant’s ineligibility to remain in the rent-to-own program and a

limited term rental agreement shall be executed.

611.9-5. Where a landlord is terminating a rental agreement entered on a rent-to-own basis based

on death of a Tribal member tenant, the landlord shall pay the remaining co-tenant all equity the

tenants may have accrued in accordance with the rental agreement.

10. Delete section 611.10-3, which reads as follows:

611.10-3. The landlord is the Comprehensive Housing Division in regards to taking actions

authorized under this law and complaints filed with the Oneida Judiciary shall name the

Comprehensive Housing Division and the specific program.

Eviction and Termination:

7

These rules were never developed, and CHD has never encountered this situation since implementation of the

rule. I believe if additional policy is needed, CHD can do so through SOP.

8

This is moved to the section specific about the Nation’s rental agreements.

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Page 6

1. Modify the purpose and policy statements as follows:

610.1-1. Purpose. The purpose of this law is to provide consistent procedures relating to the

Nation’s rental and leasing programs for terminating a contract and/or evicting an occupant

which affords the applicant due process and protects all parties involved.

610.1-2. Policy. It is the Nation’s policy to provide fair termination and eviction processes that

preserves the peace, harmony, safety, health, general welfare and the Nation’s resources.

2. Modify the definitions in section 610.3 as follows:

(e) “Nuisance” means an occupant’s interference with another occupant’s use and

enjoyment of the premises. Nuisance activities include, but are not limited to, allegations

of harassment, disorderly conduct, battery, lewd and lascivious behavior, prostitution,

theft, possession of stolen property, arson, illegal drug activity, gambling, animal

violations, trespassing, weapons violations, habitual noise violations (as defined in the

rules which the Land Commission and the Comprehensive Housing Division shall jointly

establish)9, execution of warrants, alcohol violations, obstruction/resisting, inspection

related calls in which a law enforcement agency responds.

3. Modify section 610.5-3(d)(1)(E) as follows:

(E) The contact information for the Comprehensive Housing Division owner or staff available to

answer questions and/or hear concerns of the occupant related to the notice.

4. Modify section 610.6 as follows:

610.6. Failure to Vacate Following Notice of Eviction or Contract Expiration

610.6-1. Changing of Locks and Removal of Occupant. If an occupant fails to vacate the

premises following notice of termination based on eviction, occupant termination or expiration

and non-renewal of a contract, the owner shall secure and take possession of the premises once

the timeframe in the notice of termination has expired.

(a) The Comprehensive Housing Divisionowner shall may contact the Oneida Police

Department to request that an Oneida Police Officer be on the scene while the locks are

being changed.

(b) In the event the occupant has left personal property in the home, the occupant may

retrieve the said personal property by contacting the Comprehensive Housing

Divisionowner or staff listed on the notice of termination. The Comprehensive Housing

Divisionowner shall hold personal property for a minimum of five (5) business days,

where a business day is Monday through Friday from 8:00 a.m. to 4:30 p.m. and excludes

holidays recognized by the Nation.

(1) The Comprehensive Housing Divisionowner shall keep a written log of the

date and the work time the Comprehensive Housing Divisionowner and/or

owner’s staff expends storing and/or removing personal property and/or

removing/disposing of debris left at the premises after the expiration of the

timeframe provided in the notice of termination.

9

These rules do not yet exist, and CHD has not needed elaboration on this definition to date.

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Page 7

(2) The Land Commission and the Comprehensive Housing Division shall jointly

create rules further governing the disposition of personal property in relation to

the Nation’s residential contracts and the Land Commission and the Division of

Land Management shall jointly create rules further governing the disposition of

personal property in relation to the Nation’s agricultural and business contracts.

5. Delete section 610.8-3, which reads as follows:

610.8-3. The owner is the Comprehensive Housing Division in regards to taking actions

authorized under this law and complaints filed with the Oneida Judiciary shall name the

Comprehensive Housing Division and the specific program.

Please contact me with any questions you may have.

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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

"'

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

Jameson Wilson, Legislative Operating Committee Chairperson

February 28, 2024

One Year Review of the Budget and Finances Law

Background

On May 11, 2022, the Oneida Business Committee adopted amendments to the Budget and Finances

law through the adoption of resolution BC-05-11-22-B, Amendments to the Budget Management and

Control Law. The purpose of the Budget and Finances law is to set forth the requirements to be

followed by the Oneida Business Committee and the Oneida fund units when preparing the budget to

be presented to the General Tribal Council for approval, and to establish financial policies and

procedures for the Nation. [1 O.C. 121.1-1].

When the Oneida Business Committee adopted amendments to the Budget and Finances law,

resolution BC-05-11-22-B also included a directive that the Legislative Reference Office collaborate

with the Nation’s Treasurer and Chief Financial Officer to conduct a one (1) year review of the Budget

and Finances law and provide the Oneida Business Committee a report on the use and implementation

of the Law.

The Legislative Reference Office failed to collaborate with the Nation’s Treasurer and Chief Financial

Officer in May of 2023 to complete the one (1) year review of the Budget and Finances law. In an

effort to rectify this oversight, the Legislative Reference Office and Legislative Operating Committee

met with the Nation’s Treasurer and Chief Financial Officer on February 7, 2024, to review and

discuss how the implementation and utilization of the Budget and Finance law has fared since the

most recent amendments were adopted in May of 2022.

One Year Review

The Nation’s Treasurer and Chief Financial Officer provided that the utilization of the processes and

procedures in the Budget and Finances law has been smooth since the Oneida Business Committee

last amended the Budget and Finances law.

Some issues the Nation’s Treasurer and Chief Financial Officer discussed with the Legislative

Operating Committee which could potentially be addressed in the Budget and Finances law included:

 Authority and Responsibilities of the Oneida Business Committee.

 Section 121.4-1(c) of the Budget and Finances law provides that the Oneida Business

Committee is responsible for developing priorities, a strategic plan, or broad goals to

assist in guiding the budget.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that the Oneida Business Committee could better prioritize

developing its priorities, strategic plan, or broad goals to assist in guiding the budget

earlier on in the fiscal year. Setting the budget priorities helps guide the entire budget

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process and timelines. The Oneida Business Committee not prioritizing this

responsibility until spring sets back the entire budget process. The Chief Financial

Officer identified this as a key missing piece in the current process.

Authority and Responsibilities of the Chief Financial Officer.

 Section 121.4-3(c) of the Budget and Finances law provides that the Chief Financial

Officer is responsible for assisting with the submission and presentation of the

Treasurer’s report to the Oneida Business Committee which shall specifically include

any monthly variances that are either a difference or three percent (3%) or more from

the adopted annual budget or fifty thousand dollars ($50,000) or more in total.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that the threshold for variances of three percent (3%) or more

may be too low and should be raised.

Authority and Responsibilities of Managers.

 Section 121.4-4(b) of the Budget and Finances law provides that managers shall be

responsible for reporting to the Chief Financial Officer and their relevant Executive

Manager explanations and corrective actions for any monthly variance that is either a

difference or three percent (3%) or more from the adopted annual budget or fifty

thousand dollars ($50,000) or more in total.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the utility and purpose of this section. There is an underlying purpose

of requiring greater accountability from the managers to answer for monthly variances

over a certain threshold. Although accountability for overspending or underspending

is very important, it was discussed that this may be an administrative burden for

managers to comply with. It may not be necessary to require managers to report on the

variances every month themselves, when this information is already included in the

Treasurer’s report. There may be more efficient reporting mechanisms and

accountability measures that could be included in the law. Additionally, the Treasurer

and Chief Financial Officer provided that if this provision remains in the law, the

threshold for variances of three percent (3%) or more may be too low and should be

raised.

Content of the Budget.

 Section 121.5-2(c) of the Budget and Finances law provides that the Nation’s budget

shall include a description of each line item within each fund unit’s budget.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the purpose of this provision, and the fact that based on the quantity

of line items in the Nation’s budget, it is not realistic or practical to require a

description of every line item be included in the budget.

Budget Adoption Procedure.

 Section 121.5-4(a)(3) of the Budget and Finances law provides that the Oneida

Business Committee shall set a deadline through the adoption of a resolution for when

the Treasurer shall submit the budget guidelines to the Oneida Business Committee

for review and approval.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that this requirement was last met through the adoption of

resolution BC-05-11-22-B, Amendments to the Budget Management and Control Law,

in which the Oneida Business Committee set a deadline of June 1, 2022, for the

Treasurer to submit their budget guidelines to the Oneida Business Committee for

review and approval, but this requirement has not been met by the Oneida Business

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Committee since then. It was discussed that the Oneida Business Committee should

be reminded of this responsibility. Whether this should be a resolution that sets a

specific deadline date for each year on an annual basis (i.e. a deadline of June 1, 2024),

or a resolution that sets a general deadline to be used for multiple years (i.e. a deadline

of June 1 of each year) was also discussed.

Procurement Rule Handbook.

 Section 121.6-2 of the Budget and Finances law provides that the Purchasing

Department is delegated rulemaking authority in accordance with the Administrative

Rulemaking law to develop a Procurement Rule Handbook which provides the signoff process and authorities required to expend funds on behalf of the Nation.

 Resolution BC-02-08-17-C, Adoption of the Budget Management and Control Law,

which originally adopted the Budget Management and Control law (now known as the

Budget and Finances law) required that required to be developed pursuant to the

Budget Management and Control Law shall be in effect no later than October 1, 2017.

Resolution BC-05-11-22-B, Amendments to the Budget Management and Control

Law, also addressed a deadline for the development of rules, in which the Oneida

Business Committee set a deadline of September 30, 2022, for the Purchasing

Department to submit the Procurement Rule Handbook to the Legislative Operating

Committee for certification in accordance with the Administrative Rulemaking law.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that to this date, a Procurement Rule Handbook has not yet

been developed. It is imperative that moving forward the Procurement Rule Handbook

is developed and adopted in accordance with the Administrative Rulemaking law.

Notification of Unbudgeted Expenditures.

 Section 121.6-4 of the Budget and Finances law provides that the Oneida Business

Committee is required to set through resolution a threshold amount for unbudgeted

expenditures that require notification by the Oneida Business Committee to the

General Tribal Council at the next available General Tribal Council meeting.

 Resolution BC-05-11-22-B, Amendments to the Budget Management and Control

Law, addressed notification of unbudgeted expenditures and provided that the Oneida

Business Committee hereby reaffirms resolution BC-10-08-08-A, Adopting

Expenditure Authorization and Reporting Requirements, which requires that

expenditures for items and specific projects which were not identified in the approved

budget and total two hundred and fifty thousand dollars ($250,000) or more, shall be

formally noticed to the General Tribal Council at the next available General Tribal

Council regular or special meeting.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that it may be necessary to increase the threshold of total

two hundred and fifty thousand dollars ($250,000).

Capital Improvement Plan for Government Services.

 Section 121.6-9(a) of the Budget and Finances law provides that the Oneida Business

Committee is required to develop, and the General Tribal Council is responsible to

approve, a capital improvement plan for government services. The Budget and

Finances law then goes on to further provide the capital improvement plan for

government services shall cover a period of five (5) to ten (10) years and shall include

any risks and liabilities. The capital improvement plan for government services is also

required to be reassessed once every five (5) years, in which the Oneida Business

Committee is required to provide a status report and recommendation for any

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improvements that have not been completed or that have been modified at the time of

the reassessment.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that we should review the process for the development,

approval, and assessment of capital improvement plans for government services. It

was discussed that it may be more beneficial to require that a capital improvement plan

cover a period of ten (10) years, and that the reassessment occurs once every three (3)

years coinciding with each Oneida Business Committee term.

Grant Reserve Fund Account.

 Section 121.7-4(a) of the Budget and Finances law provides that the Treasurer, in

consultation with the Chief Financial Officer, shall establish, and the Oneida Business

Committee shall approve, the level of funds required in the Grant Reserve Fund

account relative to the scale of grant dollars we receive on an annual basis.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that this has not yet occurred and should be addressed in the

Fiscal Year 2025.

Credit Ratios.

 Section 121.8-4(a) of the Budget and Finances law provides that the Debt Service

Coverage Ratio shall not exceed the acceptable range as defined by low-risk debt

financing options at the specific financial institution. Section 121.8-4(b) of the Budget

and Finances law provides that the Fixed Charge Coverage Ratio shall be maintained

at the acceptable range as defined by low-risk debt financing options at the specific

financial institution.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that more clarification may be needed in this section to

clarify that each credit ratio is required to comply with the applicable credit agreement.

Corporate Debt.

 Section 121.8-5 of the Budget and Finances law provides that the Nation shall not be

obligated to any debt obligations of its corporate entities.

 The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed that this provision should be reviewed along with past and current

practices of the Nation.

Labor Allocations List.

 Section 121.9-2 of the Budget and Finances law provides that the Treasurer, Chief

Financial Officer, Executive Managers, and the Executive Human Resources Director

shall utilize the Nation’s employment cap to develop a labor allocations list. The labor

allocations list shall identify the number of full time equivalent (FTE) employees each

employment area of the Nation is allocated. The Oneida Business Committee is then

delegated the authority to adopt the labor allocation list, and any amendments thereto,

through the adoption of a resolution. The Oneida Business Committee is required to

review the labor allocations list on an annual basis. Section 121.9-2(b) of the Budget

and Finances law then goes on to provide that the Treasurer, Chief Financial Officer,

Executive Managers, and Executive Human Resources Director are responsible for

developing a standard operating procedure which identifies a process for the

consideration of requests to revise the labor allocations list. The Oneida Business

Committee is then required to approve this standard operating procedure, and any

amendments thereto, through the adoption of a resolution.

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The Legislative Operating Committee and the Nation’s Treasurer and Chief Financial

Officer discussed the fact that a proper labor allocations list and the required

corresponding standard operating procedure have not yet been developed as required

by the Budget and Finances law. This is an essential piece of the process that is

currently missing.

Overall, through the discussions with the Nation’s Treasurer and Chief Financial Officer it was

determined that there are issues with the implementation of the Budget and Finances law – such as

the development of the Procurement Rule Handbook and the labor allocations list standard operating

procedure - that need to be addressed, prioritized, and completed by the appropriate entities.

Additionally, there are potential amendments to the Budget and Finances law that would be beneficial

to the Nation to make. The Nation’s Treasurer and Chief Financial Officer recommended that the

Legislative Operating Committee consider adding the Budget and Finances law to its Active Files

List for amendments to be made.

Requested Action

Accept the review of the Budget and Finances law.

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