# Oneida Business Committee (2024)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa378c5bbfc07b4cd

## Record

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

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

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

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
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
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Peggy
Vaill'l Gheem
Lydia M.
M. Witte
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Wittll:e

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

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ONEIDA

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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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February 2024

February 2024

March 2024

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29

1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Jan 29

30

31

Feb 1

2

9:00am LOC Work
Session (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) Clorissa N. Leeman

5

6

7

8

9

15

16

8:30am LOC Prep
Meeting (Microsoft
Teams Meeting;
9:00am Legislative
Operating Committee
Meeting (Microsoft
1:30pm LOC Work
Session (Microsoft

12

13

1:00pm Draft
Guardianship Law
(BC_Exec_Conf_Room)
- Grace L. Elliott

1:00pm Real Property Law
Amendments
(Microsoft Teams
Meeting) - Grace L.
Elliott

19

20

21

2:30pm LOC Work
Session (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) Clorissa N. Leeman

8:30am LOC Prep
Meeting (Microsoft
Teams Meeting;
BC_Conf_Room) 9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;

27

28

26

14

2:00pm LOC Work
Session (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) Clorissa N. Leeman

22

23

29

Mar 1

1:30pm LOC Work
Session (Microsoft
Teams Meeting;
BC_Exec_Conf_Room) Clorissa N. Leeman

LOC

1

2/16/2024 2:03 PM

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa378c5bbfc07b4cd. Public record. Not legal advice.
