Oneida Business Committee (2023)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
May 17, 2023
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. May 3, 2023 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Life Insurance Plan Law (pg. 5)
2. Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure Return to the
Previous State it was Prior to March 2020 (pg. 26)
3. Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation to Areas
with Large Populations of Oneida Enrolled Members to and from General Tribal Council
Meetings (pg. 28)
4. Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position (pg. 35)
5. Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational Changes from
March 2020-Present (pg. 43)
6. Petition: L. Dallas – Emergency Amendments to the Election Law for the 2023 General
Election (pg. 48)
7. Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy Training (pg. 51)
8. Petition: L. Dallas – Oneida Nation Disability Fund (pg. 58)
9. Petition: L. Dallas – Repeal and Replace Current Removal Law (pg. 61)
10. Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of Power and
Authority to all Entities (pg. 71)
11. Petition: L. Dallas – Transitional Housing (pg. 73)
12. Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General Tribal
Council Meeting (pg. 82)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. Review of the Eviction and Termination Law
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
2 of 88
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
May 3, 2023
9:00 a.m.
Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman King
Excused: Jennifer Webster
Others Present: Clorissa N. Leeman, Grace Elliott, Brooke Doxtator, Keith Doxtator, Rhiannon
Metoxen (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Matt Denny (Microsoft
Teams), Justin Nishimoto (Microsoft Teams), Todd Vanden Heuvel (Microsoft Teams), Kristal Hill
(Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Tina Jorgensen (Microsoft Teams), Rae
Skenandore (Microsoft Teams), Michelle Braaten (Microsoft Teams), Debra Powless (Microsoft
Teams), Eric Boulanger (Microsoft Teams), Rosa Laster (Microsoft Teams), Shannon Davis
(Microsoft Teams), Kristine Hill (Microsoft Teams), Lisa Liggins (Microsoft Teams), Linda
Langen (Microsoft Teams), Sidney White (Microsoft Teams), Derrick King (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the April 19, 2023, Legislative Operating Committee meeting to
order at 9:04 a.m.
Motion by Marie Cornelius to adopt the agenda with two additions: item V.1 Legislative
Operating Committee Fiscal Year 2023 Semi-Annual Report; and item V.2 Legislative
Reference Office Fiscal Year 2023 Semi-Annual Report; seconded by Daniel Guzman
King. Motion carried unanimously.
II.
Minutes to be Approved
1. April 19, 2023 LOC Meeting Minutes
Motion by Marie Cornelius to approve the April 19, 2023, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General
Tribal Council
Motion by Kirby Metoxen to accept the statement of effect for the Petition: L. Dallas –
Budgets for the Oneida Nation be Brought Before the General Tribal Council and forward
to the Oneida Business Committee; seconded by Daniel Guzman King. Motion carried
unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of May 3, 2023
Page 1 of 3
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2. Petition: L. Dallas – Community Improvement Projects (CIP) and Funding
Motion by Kirby Metoxen to accept the statement of effect for the Petition: L. Dallas –
Community Improvement Projects (CIP) and Funding and forward to the Oneida Business
Committee; seconded by Daniel Guzman King. Motion carried unanimously.
3. Petition: L. Dallas – Contract of Chief Counsel Jo Anne House
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Contract of Chief Counsel Jo Anne House and forward to the Oneida Business Committee;
seconded by Daniel Guzman King. Motion carried unanimously.
4. Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General
Tribal Council Prior to Each General Tribal Council Meeting
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Direct a Certified Parliamentarian be Appointed by General Tribal Council Prior to Each
General Tribal Council Meeting and forward to the Oneida Business Committee; seconded
by Kirby Metoxen. Motion carried unanimously.
5. Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from
January 1, 2020 – Present
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Disclosure of Oneida Nation Travel Expenditures from January 1, 2020 – Present and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
6. Petition: L. Dallas – Petition: L. Dallas - Disclosure of Oneida Nation Travel
Expenditures to England for the October 9, 2022, Green Bay Packer Game
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Disclosure of Oneida Nation Travel Expenditures to England for the October 9, 2022,
Green Bay Packer Game and forward to the Oneida Business Committee; seconded by
Daniel Guzman King. Motion carried unanimously.
7. Petition: L. Dallas – Donations - Internal and External
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Donations - Internal and External and forward to the Oneida Business Committee;
seconded by Kirby Metoxen. Motion carried unanimously.
8. Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120-Day
Petition Timeline Adopted by General Tribal Council
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition Timeline Adopted
by General Tribal Council and forward to the Oneida Business Committee; seconded by
Legislative Operating Committee Meeting Minutes of May 3, 2023
Page 2 of 3
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Kirby. Motion carried unanimously.
9. Petition: L. Dallas – Repeal the Budget and Finances Law
Motion by Daniel Guzman King to accept the statement of effect for the Petition: L. Dallas
– Repeal the Budget and Finances Law and forward to the Oneida Business Committee;
seconded by Kirby Metoxen. Motion carried unanimously.
IV.
New Submissions
1. Petition: L. Dallas – Emergency Amendments to the Election Law for 2023
General Election
Motion by Marie Cornelius to add the Petition: L. Dallas – Emergency Amendments to the
Election Law for 2023 General Election with all LOC members as the sponsor; seconded
by Daniel Guzman King. Motion carried unanimously.
V.
Additions
1. Legislative Operating Committee Fiscal Year 2023 Semi-Annual Report
Motion by Marie Cornelius to approve the Legislative Operating Committee Fiscal Year
2023 Semi-Annual Report and forward to the Oneida Business Committee Secretary;
seconded by Kirby Metoxen. Motion carried unanimously.
2. Legislative Reference Office Fiscal Year 2023 Semi-Annual Report
Motion by Marie Cornelius to approve the Legislative Reference Office Fiscal Year 2023
Semi-Annual Report and forward to the Oneida Business Committee Secretary; seconded
by Kirby Metoxen. Motion carried unanimously.
VI.
Administrative Items
1. Legislative Operating Committee Fiscal Year 2023 Second Quarter Report
Motion by Marie Cornelius to approve the Legislative Operating Committee Fiscal Year
2023 Second Quarter Report and forward to the Oneida Business Committee; seconded by
Daniel Guzman King. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Marie Cornelius to adjourn at 9:43 a.m.; seconded by Daniel Guzman King.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of May 3, 2023
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Oneida Life Insurance Plan Law
Submission Date: 9/7/22
LOC Sponsor: Kirby Metoxen
Public Meeting: N/A
Emergency Enacted: 9/28/22, 3/22/23
Summary: This item was added to the Active Files List on September 7, 2022, per the request of Carl
Artman, attorney in the Oneida Law Office that represents the Oneida Trust Enrollment Committee. Epic
currently manages the Nation’s OLIPP program. The Epic contract ends on 09/30/22 and it is ending this
service offering after this year. The Oneida Trust and Enrollment Committee concludes it will save
$250,000 annually by managing OLIPP itself. The proposed law would make OLIPP an approved
program under the Oneida General Welfare law that is administered by the Oneida Trust Enrollment
Department. The Oneida Business Committee adopted the OLIPP law on an emergency basis on
September 28, 2022, through the adoption of resolution BC-09-28-22-C. The emergency amendments to
the OLIPP law will expire on March 28, 2023. On March 22, 2023, the Oneida Business Committee
extended the emergency adoption of the Oneida Life Insurance Plan law for an additional six (6) month
period through the adoption of resolution BC-03-22-23-C. The emergency adoption of the Oneida Life
Insurance Plan law will now expire on September 28, 2023.
8/25/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Carl Artman, Carolyn Salutz, Grace Elliot, Kristal Hill. This work
meeting was held through Microsoft Teams. The purpose of this work meeting was to discuss
the proposed OLIPP law, and its potential emergency adoption.
9/7/22 LOC:
Motion by Marie Summers to add the Oneida Life Insurance Plan Plus law to the Active Files
List for emergency adoption with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen.
Motion carried unanimously.
9/21/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Kirby Metoxen,
Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Carolyn Salutz, Grace Elliot,
Rhiannon Metoxen. This work meeting was held through Microsoft Teams. The purpose of
this work meeting was to discuss the updated OLIPP law.
9/21/22:
E-Poll Conducted. This e-poll was titled, “Emergency Adoption of the Oneida Life Insurance
Plan Law.” The requested action of this e-poll was to approve the Oneida Life Insurance Plan
law emergency adoption packet and forward to the Oneida Business Committee for
consideration. This e-poll was approved by Jennifer Webster, Daniel Guzman King, David P.
Jordan, Kirby Metoxen, and Marie Cornelius.
9/27/22:
Work Meeting. Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman
King, Clorissa N. Santiago, Carl Artman, Kristal Hill, Ralinda Ninham-Lamberies. This work
meeting was held through Microsoft Teams. The purpose of this work meeting was to discuss
Finance’s concerns with the proposed OLIPP law.
9/28/22 OBC: Motion by Kirby Metoxen to adopt resolution entitled 09-28-22-C Emergency Adoption of
the Oneida Life Insurance Plan Law, seconded by Marie Cornelius. Motion carried.
Page 1 of 2
A good mind. A good heart. A strong fire.
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10/5/22 LOC: Motion by Daniel Guzman King to enter into the record the results of the September 21, 2022,
e-poll entitled, Emergency Adoption of the Oneida Life Insurance Plan Law; seconded by
Jennifer Webster. Motion carried unanimously.
3/6/23:
Work Meeting. Present: Jennifer Webster, Marie Cornelius, Daniel Guzman King, Clorissa N.
Leeman, Carl Artman, Kristal Hill, Ralinda Ninham-Lamberies, Keith Doxtator, John
Danforth. This work meeting was held through Microsoft Teams. The purpose of this work
meeting was to discuss the implementation of the OLIPP law during the first six months,
review concerns and input discussed at the September 28, 2022, OBC meeting, and discuss
and determine if there are any revisions needed to the Law prior to the permanent adoption of
this Law.
3/15/23 LOC: Motion by Marie Cornelius to approve the emergency extension of the Oneida Life Insurance
Plan law packet and forward to the Oneida Business Committee for consideration; seconded
by Jennifer Webster. Motion carried unanimously.
Motion by Jennifer Webster to approve the draft of the Oneida Life Insurance Plan law and
direct that a legislative analysis be completed; seconded by Marie Cornelius. Motion carried
unanimously.
3/22/23 OBC: Motion by Marie Cornelius to adopt resolution entitled 03-22-23-C Extension of the
Emergency Adoption of the Oneida Life Insurance Plan Law, seconded by Jennifer Webster.
Motion carried.
3/28/23:
Work Meeting. Present: David P. Jordan, Marie Cornelius, Clorissa N. Leeman, Tehassi Hill,
Brandon Yellowbird Stevens, Danelle Wilson, Carl Artman, Kristal Hill, Keith Doxtator, John
Danforth, Kelly Danforth. This work meeting was held through Microsoft Teams. The purpose
of this work meeting was to discuss with Trust Enrollment how the Oneida Life Insurance
Plan law is implemented, and further discuss how “funeral expenses” is defined in the Law
5/5/23:
Work Meeting. Present: Clorissa N. Leeman, John Danforth, Kelly Danforth, Venessa Cardish.
This work meeting was held through Microsoft Teams. The purpose of this meeting was to
discuss the legislative process for the permanent adoption of the Oneida Life Insurance Plan
law, as well as a potential timeframe for completing this legislative work.
Next Steps:
Approve the updated draft of the Oneida Life Insurance Plan law, legislative analysis, and
public meeting notice, and forward the Oneida Life Insurance Plan law to a public meeting to
be held on July 13, 2023.
A good mind. A good heart. A strong fire.
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ONEIDA
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) use of the funeral home for the viewing, ceremony, or memorial
serviceservices;
(9) use of equipment and staff for a graveside service;
(10) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
10 O.C. 1004 – Page 2
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Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) This section shall not be enforced during the initial one hundred and eighty (180) days
after the effective date of this law, thereby creating a one hundred eighty (180) day grace
period to permit members of the Nation to complete and submit designated beneficiary
forms.
(d) A parent or legal guardian mayshall complete and submit a beneficiary designation
form on behalf of their minor child or ward.
(ed) Funeral expenses shall be paid directly to the funeral home upon submission of a
valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan
benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
10 O.C. 1004 – Page 3
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10021004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
10021004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the
following order:
(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary;.
(c) Residual benefits shall escheat to the Nation if the decedent did not designate a
beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding
throughby the Nation’s annual budget.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-__-__-__-__-03-22-23-C
Adopted – BC-__-__-__-__
10 O.C. 1004 – Page 4
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-09-28-22-C.-__-__-__-__.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) use of the funeral home for the viewing, ceremony, or memorial
serviceservices;
(9) use of equipment and staff for a graveside service;
(10) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
10 O.C. 1004 – Page 2
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Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) This section shall not be enforced during the initial one hundred and eighty (180) days
after the effective date of this law, thereby creating a one hundred eighty (180) day grace
period to permit members of the Nation to complete and submit designated beneficiary
forms.
(d) A parent or legal guardian mayshall complete and submit a beneficiary designation
form on behalf of their minor child or ward.
(ed) Funeral expenses shall be paid directly to the funeral home upon submission of a
valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan
benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
10 O.C. 1004 – Page 3
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10021004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
10021004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the
following order:
(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary;.
(c) Residual benefits shall escheat to the Nation if the decedent did not designate a
beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding
throughby the Nation’s annual budget.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-__-__-__-__
10 O.C. 1004 – Page 4
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ONEIDA NATION PUBLIC MEETING NOTICE
THURSDAY, JULY 13, 2023
Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings
Send Public Comments to
12:15 pm
VIRTUALLY HELD ON MICROSOFT TEAMS
LOC@oneidanation.org
Ask Questions here
LOC@oneidanation.org
920-869-4417
ONEIDA LIFE INSURANCE PLAN LAW
The purpose of the Oneida Life Insurance Plan law is to provide a death benefit of fifteen thousand dollars
($15,000) through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members,
pursuant to the Oneida General Welfare law.
Due to the closure of the Norbert Hill Center’s conference rooms for construction, an individual may attend
this public meeting virtually through Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please contact LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, JULY 20, 2023
During the public comment period, anyone may submit written comments, questions or input. Comments may
be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S.
mail, interoffice mail, or e-mail.
For more information on the proposed Oneida Life Insurance Plan law please review
the public meeting packet at oneida-nsn.gov/government/register/public meetings.
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ADOPTION OF THE
ONEIDA LIFE INSURANCE PLAN LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Law
Analysis by the Legislative Reference Office
Establish the Oneida Life Insurance Plan as an approved program of the
Nation in accordance with the Oneida General Welfare law. [10 O.C.
1004.4-1].
Provide how this program qualifies for general welfare exclusion. [10
O.C. 1004.4-2].
Provide that all members of the Nation shall qualify for benefits from the
Oneida Life Insurance Plan to be used for funeral expenses first, with any
residual benefits distributed to a designated beneficiary. [10 O.C. 1004.51].
Require that a member of the Nation complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and
submit it to the Oneida Trust Enrollment Committee, either online or in
person at the Oneida Trust Enrollment Office, prior to their death in order
to secure residual benefits from the Oneida Life Insurance Plan for their
beneficiary. [10 O.C. 1004.5-2].
Provide that funeral expenses shall be paid directly to the funeral home
upon submission of a valid invoice, up to the limit of the Oneida Life
Insurance Plan benefits, even if a designated beneficiary has not been
designated – but the Oneida Life Insurance Plan residual benefits shall
not be paid or claimed if the decedent did not designate a living
beneficiary though the beneficiary designation form. [10 O.C. 1004.52(b), 1004.5-2(d)].
Require that the Oneida Trust Enrollment Department be notified within
one (1) year of the member of the Nation’s death in order to distribute the
Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.53].
Provide that the Trust Enrollment Department is the department that has
the responsibilities to oversee and administer the Oneida Life Insurance
Plan. [10 O.C. 1004.5-4].
Provide rules related to the determination of death and status. [10 O.C.
1004.6-1].
Prohibit a designated beneficiary who criminally and intentionally causes
the death of the decedent from being entitled to any benefits passing under
this law. [10 O.C. 1004.6-2].
Provide how the Oneida Life Insurance Plan benefits shall be distributed.
[10 O.C. 1004.6-3].
Provide that the Oneida Life Insurance Plan shall be contingent on
funding by the Nation. [10 O.C. 1004.7-1].
Delegate administrative rulemaking authority in accordance with the
Administrative Rulemaking law to the Oneida Trust Enrollment
Committee for the purpose of promulgating rules to govern the
administration of the Oneida Life Insurance Plan. [10 O.C. 1004.8-1].
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Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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To provide a death benefit of fifteen thousand dollars ($15,000) through the
Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation
members, pursuant to the Oneida General Welfare law.[10 O.C. 1004.1-1].
Oneida Trust Enrollment Department.
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
Emergency adoption of the Oneida Life Insurance Plan law expires on
September 28, 2023.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Life Insurance law will be a new law adopted by the Nation on for the
purpose of providing a death benefit of fifteen thousand dollars ($15,000) through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law. [10 O.C. 1004.1-1].
B. Emergency Adoption. On August 17, 2022, the Legislative Operating Committee received a request
from the Oneida Law Office and the Oneida Trust Enrollment Committee for the adoption of the Oneida
Life Insurance Plan law on an emergency basis. The Nation provided the Oneida Life Insurance Plan
Plus, otherwise known as OLIPP, which consisted of fifteen thousand dollars ($15,000) of life
insurance benefits directly payable to a tribal member’s designated beneficiaries. The Nation contracted
with the company Epic to manage OLIPP. Epic collected relevant information regarding the decedent
and beneficiaries and distributed OLIPP funds. Epic planned to cease this service offering and terminate
its current contracts for this service, including with the Nation, on September 30, 2022. The Oneida
Trust and Enrollment Committee determined the Oneida Trust and Enrollment Department could
manage OLIPP in-house, yielding a cost savings to the Nation and expediting payments to the
beneficiaries. The proposed OLIPP law codified this benefit as an approved program under the Oneida
General Welfare law. The Oneida Trust and Enrollment Department requested this proposed law be
considered for emergency adoption since the Oneida Trust and Enrollment Department sought to
commence the in-house management and oversight of OLIPP immediately after the Epic contract
terminated on September 30, 2022. A smooth transition would ensure uninterrupted service the tribal
members participating in OLIPP and the beneficiaries that will emerge in the next fiscal year and
beyond. The Oneida Life Insurance Plan law (the “Law”) was adopted by the Oneida Business
Committee on an emergency basis on September 28, 2022, through the adoption of resolution BC-0928-22-C. The emergency adoption of this Law was set to expire on March 28, 2023. The Legislative
Operating Committee sought an extension of the emergency adoption of this Law. The Oneida Business
Committee extended the emergency adoption of this Law on March 22, 2023, through the adoption of
resolution BC-03-22-23-C. The emergency adoption of this law will expire on September 28, 2023.
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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 legislative analysis:
Oneida Law Office;
Oneida Trust Enrollment Department;
Oneida Business Committee; and
Finance Administration.
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B. The following laws were reviewed in the drafting of this analysis:
Oneida General Welfare law; and
Administrative Rulemaking Law.
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
A. The development of the proposed Oneida Life Insurance Plan law complies with the process set forth
in the Legislative Procedures Act (LPA).
On September 7, 2022, the Legislative Operating Committee added the Law to its Active Files List.
On September 21, 2022, the Legislative Operating Committee conducted an e-poll entitled,
Emergency Adoption of the Oneida Life Insurance Plan Law. The requested action of this e-poll
was to approve the Oneida Life Insurance Plan law emergency adoption packet and forward to the
Oneida Business Committee for consideration. This e-poll was approved by Jennifer Webster,
Daniel Guzman King, David P. Jordan, Kirby Metoxen, and Marie Cornelius.
On September 28, 2022, the Oneida Business Committee adopted the Oneida Life Insurance Plan
law on an emergency basis through the adoption of resolution BC-09-28-22-C.
On October 5, 2022, the Legislative Operating Committee entered into the record the results of the
September 21, 2022, e-poll entitled, Emergency Adoption of the Oneida Life Insurance Plan Law.
On March 15, 2023, the Legislative Operating Committee approved the emergency extension of
the Oneida Life Insurance Plan law packet and forwarded these materials to the Oneida Business
Committee for consideration. The Legislative Operating Committee also approved the draft of the
Oneida Life Insurance Plan law and directed that a legislative analysis be completed.
On March 22, 2023, the Oneida Business Committee extended the emergency adoption of the
Oneida Life Insurance Plan law for an additional six (6) month period through the adoption of
resolution BC-03-22-23-C.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
August 25, 2022. LOC work meeting with the Oneida Law Office;
September 21, 2022. LOC work meeting with the Oneida Law Office;
September 27, 2022. LOC work meeting with the Oneida Law Office and Finance Administration;
March 6, 2023. LOC work meeting with the Oneida Law Office, Finance Administration, and
Oneida Trust Enrollment Department;
March 28, 2023. LOC work meeting with the Oneida Law Office, Finance Administration, Oneida
Trust Enrollment Department, and Oneida Business Committee; and
May 5, 2023. LRO work meeting with Oneida Trust Enrollment Department.
A. Purpose and Policy. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General
Welfare law. [10 O.C. 1004.1-1]. The General Tribal Council, through resolution GTC-01-17-09-B,
approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars
($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The
payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation
member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and
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welfare of the community. [10 O.C. 1004.1-1(a)]. It is the policy of the Nation to care for its members
and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan
process to ensure equitable and expedient distribution to designated beneficiaries. [10 O.C. 1004.1-2].
Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide
assistance to members of the Nation on a non-taxable basis through an approved program.
B. Establishment. This Law establishes the Oneida Life Insurance Plan as an approved program of the
Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1].The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to
eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid
thereafter to the designated beneficiary. Id. Funeral expenses include funeral planning; securing the
necessary permits and copies of death certificates; preparing the notices; sheltering the remains;
coordinating the arrangements with the cemetery, crematory or other third parties; transporting the
remains; embalming and other preparation; viewing, ceremony or memorial service; use of a hearse or
limousine; a casket, outer burial container or alternate container; monuments; and cremation or
interment. [10 O.C. 1004.3-1(e)]. The Oneida Life Insurance Plan meets the requirements of the
General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev.
Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare Exclusion Act of
2014, 26 U.S.C. §139E(b). [10 O.C. 1004.4-2].
C. Eligibility. The Law provides that all members of the Nation shall qualify for benefits from the Oneida
Life Insurance Plan to be used for funeral expenses first, with any residual benefits then distributed to
a designated beneficiary. [10 O.C. 1004.5-1].
D. Designation of Beneficiary. A member of the Nation is required to complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their
death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C.
1004.5-2]. Any Oneida Life Insurance Plan beneficiary designation form that has already been
submitted to the Oneida Trust Enrollment Department prior to the effective date of this law shall remain
valid. [10 O.C. 1004.5-2(a)]. Oneida Life Insurance Plan residual benefits shall not be paid or claimed
if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C.
1004.5-2(b)]. A parent or legal guardian shall complete and submit a beneficiary designation form on
behalf of their minor child or ward. [10 O.C. 1004.5-2(c)]. Funeral expenses shall be paid directly to
the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan
benefits, even if a designated beneficiary has not been designated. [10 O.C. 1004.5-2(d)].
E. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. [10 O.C. 1004.5-3]. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution. Id.
F. Oversight. The Trust Enrollment Department shall be delegated the oversight and management of the
Oneida Life Insurance Plan. [10 O.C. 1004.5-4].
G. Evidence as to Passing or Status. The Law provides the following rules relating to determination of
death and status are applicable: a certified or authenticated copy of a death certificate purporting to be
issued by an official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent; a certified or authenticated
copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and
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a person who is absent for a continuous period of seven (7) years, during which they have not been
heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is
presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is
sufficient evidence for determining that death occurred earlier. [10 O.C. 1004.6-1].
H. Effect of Homicide on Beneficiary Designation. The Law provides that a designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing
under this law. [10 O.C. 1004.6-2].
I. Distribution. The Law provides that the Oneida Life Insurance Plan benefits shall be distributed in the
following order: (1) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom; then residual benefits shall be paid to the designated beneficiary. [10 O.C. 1004.63].
J. Funding. The Oneida Life Insurance Plan shall be contingent on funding by the Nation. [10 O.C.
1004.7-1].
K. Delegation of Rulemaking Authority. The Oneida Trust Enrollment Department is delegated
administrative rulemaking authority in accordance with the Administrative Rulemaking law to
promulgate rules to govern the administration of the Oneida Life Insurance Plan. [10 O.C. 1004.8-1].
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EXAMPLES
Example 1. John Doe is an enrolled member of the Nation who designated his wife Jane Doe as his
beneficiary on the Oneida Nation Life Insurance Plan beneficiary designation form. John unfortunately
passes away. The funeral of John Doe will cost $12,000. Jane Doe can provide the Oneida Trust Enrollment
Department the invoice from the funeral home, and the $12,000 will be paid through the Oneida Life
Insurance Plan directly to the funeral home. After the funeral is paid, there is $3,000 remaining of the
original $15,000 Oneida Life Insurance Plan benefit. Since Jane is listed as John’s beneficiary, the
remaining $3,000 of benefits will then be given to Jane Doe.
Example 2. John Doe is an enrolled member of the Nation who never found the time to fill out and submit
the Oneida Nation Life Insurance Plan beneficiary designation form. John unfortunately passes away. The
funeral of John Doe will cost $12,000. Anyone can provide the Oneida Trust Enrollment Department the
invoice from the funeral home, and the $12,000 will be paid through the Oneida Life Insurance Plan directly
to the funeral home. Since there is no beneficiary designated, the remaining $3,000 of the original $15,000
Oneida Life Insurance Plan benefit remains with the Nation.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation
provides assistance to eligible members on a non-taxable basis, pursuant to the principles of
the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits
to Tribal members. [10 O.C. 1001.1-1].
The Oneida Life Insurance Plan is hereby established as an approved program of the
Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The
Oneida Life Insurance Plan meets the requirements of the General Test as defined in
the Oneida General Welfare Law. [10 O.C. 1003.4-2].
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Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust
Enrollment Department to promulgate rules to govern the administration of the Oneida
Life Insurance Plan. [10 O.C. 1004.8-1].
Any rules promulgated by the Oneida Trust Enrollment Department must be done in
accordance with the process and procedures of the Administrative Rulemaking law.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire on
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September 28, 2023.
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Conclusion: The Legislative Operating Committee will need to consider the development and
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adoption of this Law on a permanent basis within the next four (4) months.
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B. 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
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BC-10-28-20-A, Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,
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provides further clarification on who the Legislative Operating Committee may direct complete a fiscal
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impact statement at various stages of the legislative process, as well as timeframes for completing the
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fiscal impact statement.
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Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
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statement be completed.
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) viewing, ceremony, or memorial services;
(9) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of
the General Test as defined in the Oneida General Welfare law; General Criteria as defined in
I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
10 O.C. 1004 – Page 2
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(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation form
on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid
invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan
benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following
order:
10 O.C. 1004 – Page 3
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(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the
Nation’s.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-__-__-__-__
10 O.C. 1004 – Page 4
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Direct that the
Oneida Nation Organizational
Structure Return to the Previous State
it was Prior to March 2020
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that the Oneida Nation of Wisconsin Organizational Structure return back to
the state that it was prior to the Oneida Nation of Wisconsin shutting down due to
Covid 19 In March of 2020, which will include the return of all departments, programs,
services and the employees of those areas of the Oneida Nation of Wisconsin effective
the Monday following this General Tribal Council Meeting;
Direct that any and all changes made to the Oneida Nation of Wisconsin
Organizational Structure (including boards, committees, and commissions) during the
Covid-19 crisis from March 2020 to present (the day of this meeting) are hereby “Null
and Void” effective immediately;
Direct that any and all organizational structural changes (including boards,
committees, and commissions) shall be brought before the General Tribal Council in
a separate GTC meeting scheduled for the solely purpose of presenting, reviewing,
discussing and receiving approval/denial/modification(s) by the General Tribal
Council PRIOR to ANY changes being implemented;
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
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4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Direct that the Oneida Nation
Organizational Structure Return to the Previous State it was Prior to March 2020 and
forward to the Oneida Business Committee.
Page 2 of 2
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Direct
Transportation be Made Available by
the Oneida Nation to Areas with Large
Populations of Oneida Enrolled
Members to and from General Tribal
Council Meetings
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct transportation be made available by the Oneida Nation of Wisconsin to
transport Oneida Enrolled Tribal Members to and from GTC Meetings from the areas
with large populations of Oneida Enrolled Tribal Members as follows:
Oneida Transit System will transport enrolled tribal members to and from the
GTC Meetings within the Oneida Reservation Boundaries and the north, east
and south sides of Green Bay at the cost of $10 round trip.
Coach buses will be scheduled to transport enrolled tribal members to and from
the GTC Meetings and elections as follows:
The first 100 enrolled tribal members in Milwaukee on a first come/first
serve basis at a cost of $25 round trip
The first 100 enrolled tribal members in Madison on a first come/first
serve basis at a cost of $25 round trip
The first 100 enrolled tribal members in Chicago on a first come/first
serve basis at a cost of $50 round trip
Direct the new transportation requirements shall go into effect immediately and all
transportation payments received shall be applied towards the cost of providing these
transportation services to membership; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
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3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Direct Transportation be Made
Available by the Oneida Nation to Areas with Large Populations of Oneida Enrolled
Members to and from General Tribal Council Meetings and forward to the Oneida Business
Committee.
Page 2 of 2
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation to Areas
with Large Populations of Oneida Enrolled Members to and from General Tribal Council
Meetings
Summary
This petition requests the General Tribal Council to consider directing that transportation be made
available by the Nation to transport enrolled members to and from General Tribal Council
meetings from areas with large populations of enrolled members, such as Green Bay, Milwaukee,
Madison, and Chicago. This petition also calls for the new transportation requirements to go into
effect immediately, and that all transportation payments received be applied towards the cost of
providing these transportation services to membership.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 3, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Direct Transportation be Made Available by the Oneida
Nation to Areas with Large Populations of Oneida Enrolled Members to and from General Tribal
Council Meetings (“the Petition”) was submitted to the Government Administrative Office by
Linda Dallas and then verified by the Oneida Trust Enrollment Department on March 7, 2023. On
March 22, 2023, the Oneida Business Committee acknowledged receipt of the Petition and directed
that the Legislative Reference Office complete a statement of effect for the Petition with status
updates to be submitted for the April 26, 2023, regular Business Committee meeting agenda and
the first Business Committee meeting of the month thereafter or until the final documents are
submitted. The Legislative Operating Committee added the Petition to its Active Files List on
April 7, 2023, for a statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Direct transportation be made available by the Oneida Nation of Wisconsin to
transport Oneida Enrolled Tribal Members to and from GTC Meetings from the
areas with large populations of Oneida Enrolled Tribal Members as follows:
Oneida Transit System will transport enrolled tribal members to and from
the GTC Meetings within the Oneida Reservation Boundaries and the north,
east and south sides of Green Bay at the cost of $10 round trip.
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Coach buses will be scheduled to transport enrolled tribal members to and
from the GTC Meetings and elections as follows:
The first 100 enrolled tribal members in Milwaukee on a first
come/first serve basis at a cost of $25 round trip
The first 100 enrolled tribal members in Madison on a first
come/first serve basis at a cost of $25 round trip
The first 100 enrolled tribal members in Chicago on a first
come/first serve basis at a cost of $50 round trip
Direct the new transportation requirements shall go into effect immediately and all
transportation payments received shall be applied towards the cost of providing
these transportation services to membership; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Funding Transportation for General Tribal Council Meetings
The Petition requests that the General Tribal Council direct that transportation be made available
by the Nation to transport enrolled members to and from General Tribal Council meetings from
areas with large populations of enrolled members, such as Green Bay, Milwaukee, Madison, and
Chicago. The Petition also calls for the new transportation requirements to go into effect
immediately, and that all transportation payments received be applied towards the cost of
providing these transportation services to membership.
Article IV, Section 1 of the Constitution and Bylaws of the Oneida Nation grants the General
Tribal Council the power to “manage all economic affairs and enterprises of the Oneida Nation”
and to “promulgate and enforce ordinances . . . providing for the . . . appropriation of available
tribal funds for public purposes. . . .” [Oneida Nation Constitution Article IV Section 1(e) and (f)].
Subject to its review, the General Tribal Council has delegated the authority set forth in Article IV
of the Constitution to the Oneida Business Committee.
The Budget and Finances law sets 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
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
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provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
On December 28, 2022, the Oneida Business Committee adopted resolution BC-12-28-22-D,
Adoption of Fiscal Year 2023 Budget, which adopted the Fiscal Year 2023 budget in the amount
of five hundred and forty-nine million one hundred and six thousand nine hundred eighty-eight
dollars ($549,106,988) on behalf of the General Tribal Council. 1 The Fiscal Year 2023 budget was
adopted prior to this Petition being submitted or presented to the General Tribal Council for
consideration. Therefore, any allocation of funding to support the requests of this Petition during
the Fiscal Year 2023 has not been included in the Fiscal Year 2023 budget. All expenditures of the
Nation are required to be made in accordance with the annual budget. [1 O.C. 121.5-1].
After the budget is adopted, amendments of the budget are not permitted unless it is necessary to
avoid a budget deficit. [1 O.C. 121.5-5]. The Treasurer and Chief Financial Officer are required
to identify when forecasted revenue and forecasted expenses are impacted in a manner which
creates a deficit for the current fiscal year, and then the Chief Financial Officer is required to
provide the Oneida Business Committee a written fiscal analysis and any input on the potential
The Budget and Finances law provides that in the event that the General Tribal Council does not adopt a budget by
September 30th, the Oneida Business Committee may adopt a continuing budget resolution until such time as a budget
is adopted. [1 O.C. 121.5-4(e)(1)]. The Oneida Business Committee took action to adopt a continuing budget
resolution through the adoption of resolution BC-09-14-22-D, Continuing to Operate Fiscal Year 2023, which allowed
organizational activities to continue until the final budget was presented for approval. Resolution BC-09-14-22-D
provided that the continuing budget resolution would remain in effect from October 1, 2022, until December 31, 2022,
or until the budget is adopted whichever is soonest. The Budget and Finances law then provides that if the General
Tribal Council is not able to adopt a budget within three (3) months of the adoption of the continuing budget resolution,
then the Oneida Business Committee shall proceed with the adoption of the Nation’s budget. [1 O.C. 121.5-4(e)(1)].
The Fiscal Year 2023 Budget was not able to be presented to the General Tribal Council for adoption prior to
September 30, 2022. The Oneida Business Committee then adopted a continuing resolution BC-09-14-22-D,
Continuing to Operate Fiscal Year 2023. The Fiscal Year 2023 Budget was not presented to the General Trial Council
for consideration prior to the expiration of resolution BC-09-14-22-D, so the Oneida Business Committee then adopted
the Fiscal Year 2023 Budget through resolution BC-12-28-22-D, Adoption of Fiscal Year 2023 Budget.
1
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budget amendment. Id. The Oneida Business Committee is responsible for adopting an amendment
to the budget through resolution of the Nation. Id. The Oneida Business Committee is then required
to present notification of the budget amendment at the next available General Tribal Council
meeting. Id. So unless it is necessary to avoid a budget deficit, an amendment to the Fiscal Year
2023 budget to provide any allocation of funding to support the requests of this Petition would not
be permissible under the Budget and Finances law.
Additionally, unbudgeted expenditures are permitted under the Budget and Finances law if granted
approval by the Oneida Business Committee. [1 O.C. 121.6-4(a)]. The Chief Financial Officer is
required to provide the Oneida Business Committee with a written fiscal analysis and any input on
any potential unbudgeted expenditure. Id. The approval of any unbudgeted expenditure is required
to be made by the Oneida Business Committee through the adoption of a resolution prior to the
expenditure being made by a fund unit. Id. Any unbudgeted expenditure for items and specific
projects which were not identified in the approved budget made for over two hundred and fifty
thousand dollars ($250,000) is required to be formally noticed by the Oneida Business Committee
to the General Tribal Council at the next available General Tribal Council regular or special
meeting. [1 O.C. 121.6-4(b), BC-05-11-22-B, BC-10-08-08-A.].
Any allocation of funding to support the requests of this Petition for future fiscal years would be
required to be budgeted for in accordance with the process and procedures contained within the
Budget and Finances law.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation
to Areas with Large Populations of Oneida Enrolled Members to and from General Tribal Council
Meetings would have the following legislative effects:
1. The Petition’s directive for the General Tribal Council to direct that transportation to be
made available by the Nation to transport enrolled members to and from General Tribal
Council meetings from areas with large populations of enrolled members, such as Green
Bay, Milwaukee, Madison, and Chicago effective immediately, while also requiring that
all transportation payments received be applied towards the cost of providing these
transportation services to membership would impact the Budget and Finances law.
a. The Fiscal Year 2023 budget was adopted prior to this Petition being submitted or
presented to the General Tribal Council for consideration, so any call of action for
an allocation of funding to support the requests of this Petition during Fiscal Year
2023 has not been included in the Fiscal Year 2023 budget. All expenditures of the
Nation are required to be made in accordance with the annual budget. Unless it is
necessary to avoid a budget deficit, an amendment to the Fiscal Year 2023 budget
to provide any allocation of funding to support the requests of this Petition would
not be permissible under the Budget and Finances law.
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b. Any allocation of funding to support the requests of this Petition for future fiscal
years would be required to be budgeted for in accordance with the process and
procedures contained within the Budget and Finances law.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Direct Transportation be Made Available
by the Oneida Nation to Areas with Large Populations of Oneida Enrolled Members to and from
General Tribal Council Meetings.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Directives for
Oneida Nation Chief Counsel Position
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct that the Chief Counsel position of the Oneida Nation of Wisconsin shall:
Receive its directives from the General Tribal Council and only the General
Tribal Council;
Report directly to the General Tribal Council and only the General Tribal
Council;
Seek approval from the General Tribal Council prior to acting outside the
authority delegated by the General Tribal Council;
Have its wage/salary and its contract determined and approved by the General
Tribal Council;
Shall assist the Oneida Business Committee and all other Boards, Committees,
and Commissions, the Oneida Nation of Wisconsin organization, entities,
corporations, etc. in compliance with all legal, regulatory, statutory, and
compliance matters;
Shall not represent the Oneida Business Committee or any other person or
party during the General Tribal Council meetings;
Shall not present legal advice and/or opinions or engage in any other action
with, for or on behalf of the Oneida Business Committee during General Tribal
Council Meetings;
Shall only participate in General Tribal Council Meetings as an enrolled Tribal
member, unless specifically directed otherwise by the General Tribal Council;
Be held accountable by the General Tribal Council regarding any and all
matters; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
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fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Directives for Oneida Nation Chief
Counsel Position and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position
Summary
This petition requests the General Tribal Council to consider directing that the Chief Counsel
position will have its salary and contract determined and approved by the General Tribal Council;
that the General Tribal Council will be responsible for determining the roles and responsibilities
of the Chief Counsel position; and that the Chief Counsel position will be supervised by the
General Tribal Council.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 5, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position
(“the Petition”) was submitted to the Government Administrative Office by Linda Dallas and then
verified by the Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the
Oneida Business Committee acknowledged receipt of the Petition and directed that the Legislative
Reference Office complete a statement of effect for the Petition with status updates to be submitted
for the April 26, 2023, regular Business Committee meeting agenda and the first Business
Committee meeting of the month thereafter or until the final documents are submitted. The
Legislative Operating Committee added the Petition to its Active Files List on April 7, 2023, for a
statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Direct that the Chief Counsel position of the Oneida Nation of Wisconsin shall:
Receive its directives from the General Tribal Council and only the General
Tribal Council;
Report directly to the General Tribal Council and only the General Tribal
Council;
Seek approval from the General Tribal Council prior to acting outside the
authority delegated by the General Tribal Council;
Have its wage/salary and its contract determined and approved by the
General Tribal Council;
Shall assist the Oneida Business Committee and all other Boards,
Committees, and Commissions, the Oneida Nation of Wisconsin
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organization, entities, corporations, etc. in compliance with all legal,
regulatory, statutory, and compliance matters;
Shall not represent the Oneida Business Committee or any other person or
party during the General Tribal Council meetings;
Shall not present legal advice and/or opinions or engage in any other action
with, for or on behalf of the Oneida Business Committee during General
Tribal Council Meetings;
Shall only participate in General Tribal Council Meetings as an enrolled
Tribal member, unless specifically directed otherwise by the General Tribal
Council;
Be held accountable by the General Tribal Council regarding any and all
matters; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Consideration and Approval of Chief Counsel Employment Contract
The Petition calls for the General Tribal Council to direct that the Chief Counsel position have its
salary and contract determined and approved by the General Tribal Council.
The Attorney Contract Policy regulates the utilization of attorneys within the Oneida Nation
organization and attorneys and firms hired on retainer outside the Oneida Nation organization to
maximize the professional services and reduce conflict among professionals. [2 O.C. 216.1-1].
The Attorney Contract Policy provides that all attorney contracts are required to be approved by
the Oneida Business Committee, and all attorney contracts be signed by the Oneida Business
Committee chairperson and one officer of the Oneida Business Committee on behalf of the Oneida
Nation. [2 O.C. 216.4-1, 216-4-2].
The Attorney Contract Policy requires that contracts for attorneys retained by the Nation, including
the Chief Counsel position, contain information that clearly indicates a clear description of the
compensation. [2 O.C. 216.5-2(e)]. Compensation is defined as a payment made to an attorney for
the purpose of reimbursement of time, office expenses, travel, support staff, or other costs
associated with rendering legal services as further defined or limited within a contract. [2 O.C.
216.5-2(e)].
Therefore, the Petition’s request for the General Tribal Council direct that the Chief Counsel
position will have its salary and contract determined and approved by the General Tribal Council
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conflicts with the Attorney Contract Policy’s delegation of authority to the Oneida Business
Committee to approve attorney contracts on behalf of the Nation.
Supervision of Chief Counsel Position
The Petition calls for the General Tribal Council to direct that the General Tribal Council be
responsible for supervising the Chief Counsel position by directing that the Chief Counsel position
report directly to the General Tribal Council, requiring the Chief Counsel position to seek approval
from the General Tribal Council prior to acting outside of the authority delegated by the General
Tribal Council, and be held accountable by the General Tribal Council regarding all matters.
Resolution BC-02-08-23-C, Setting Supervision and Management of Direct Reports to the Oneida
Business Committee and Professional Support Staff, identifies the Chief Counsel position as a
direct report to the Oneida Business Committee. The Oneida Business Committee identifies direct
reports due to the direct contact and supervision by the Oneida Business Committee the positions
require because of the position, the duties, or the services provided by the positions. Resolution
BC-02-08-23-C provides that the Oneida Business Committee delegates the authority and
responsibility of administrative supervision of direct reports – which includes the Chief Counsel
position - to the officers who are identified as the Oneida Business Committee chairperson, vicechairperson, treasurer, secretary, and Legislative Operating Committee chairperson.
Administrative supervision is defined as matters involving the individual personnel requests such
as use of personal or vacation time, and performance tracking. Resolution BC-02-08-23-C further
provides that the Oneida Business Committee delegates the authority and responsibility of
providing direction to direct reports regarding organizational activities to the same officers.
Direction regarding organizational activities is defined as providing advice and opinion regarding
the policy decisions made by the Oneida Business Committee but excludes the authority to direct
specific action.
The General Tribal Council adopted the Oneida Personnel Policies and Procedures to provide the
Nation’s employee related policies and procedures including policies regarding recruitment,
selection, compensation and benefits, employee relations, safety and health, program and
enterprise rules and regulations, and record keeping. Overall, the Oneida Personnel Policies and
Procedures provides the various roles and responsibilities of the Nation’s Human Resources
Department, supervisors, employees, Oneida Personnel Commission, and the Oneida Nation
Judiciary in regard to the management of employees of the Nation. As the delegated supervisor of
the Chief Counsel, the Oneida Business Committee is responsible for the management of the Chief
Counsel position. The Oneida Business Committee is involved in the hiring and selection of the
Chief Counsel position. [Oneida Personnel Policies and Procedures Section III]. As an immediate
supervisor, the Oneida Business Committee is required to conduct annual evaluations of the Chief
Counsel position. [Oneida Personnel Policies and Procedures Section V.B.a]. The Oneida
Business Committee is then responsible for holding the Chief Counsel position accountable by
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investigating complaints and issuing discipline when necessary for unsatisfactory work
performance or adverse behaviors. [Oneida Personnel Policies and Procedures Section V.D].
Throughout all the various process and procedures regarding the management and supervision of
an employee contained within the Oneida Personnel Policies and Procedures, in no instance is the
General Tribal Council involved in employment matters in any way or granted any authority over
the management and supervision of an employment position.
Therefore, the Petition’s request for the General Tribal Council to essentially supervise the Chief
Counsel position conflicts with the delegation of authority to the Oneida Business Committee to
serve as supervisor of the Chief Counsel position as provided for in Resolution BC-02-08-23-C as
well as the Oneida Personnel Policies and Procedures.
Determination of Role and Responsibilities of Chief Counsel
The Petition calls for the General Tribal Council to direct that the Chief Counsel position receive
all its directives from the General Tribal Council, and then provides further specifications on the
scope of authority and work completed by the Chief Counsel by directing that the Chief Counsel
shall assist the Oneida Business Committee and all entities of the Nation in compliance with all
legal, regulatory, statutory, and compliance matters; shall not represent the Oneida Business
Committee or any other person or party during the General Tribal Council meetings; shall not
present legal advice and/or opinions or engage in any other action with, for or on behalf of the
Oneida Business Committee during General Tribal Council meetings; and shall only participate in
General Tribal Council meetings as an enrolled member of the Nation, unless specifically directed
otherwise by the General Tribal Council.
The Attorney Contract Policy requires that contracts for attorneys retained by the Nation, including
the Chief Counsel position, contain information that clearly indicates what services and/or
deliverables will be rendered under the contract. [2 O.C. 216.5-2(d)]. The contract approved by
the Oneida Business Committee will contain specifications as to the role of Chief Counsel. [2 O.C.
216.4-1]. This statement of effect did not review the Chief Counsel employment contract.
The Oneida Personnel Policies and Procedures requires job descriptions for all employment
positions, and requires that job descriptions contain the following information:
Job title, division/department, location, supervisor's title;
Posting date, application deadline, preferred starting date, date of job, description review;
Pay level (grade, step, hourly rate);
A brief job summary;
Duties and responsibilities;
Qualifications;
Inquiry address; and
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Statement of compliance with EEO and Indian Preference policies. [Oneida Personnel
Policies and Procedures Section III.B.3.c.4].
The Human Resources Department Manager, supervisor, and the Area Manager are responsible
for the development and review of job descriptions. [Oneida Personnel Policies and Procedures
Section III.B.3.c.2-3]. As the supervisor of the Chief Counsel position, as provided for in resolution
BC-02-08-23-C, the Oneida Business Committee is responsible for developing and reviewing the
job description for the Chief Counsel position with the Human Resources Department. This
statement of effect did not review the job description for the Chief Counsel position.
The Attorney Contract Policy outlines some responsibilities of the Chief Counsel position. The
Attorney Contract Policy establishes the Oneida Law Office, which consists of a Chief Counsel,
Deputy Chief Counsel, attorneys, and office staff. [2 O.C. 216.7-1]. Chief Counsel serves as the
supervising attorney of the Oneida Law Office. [2 O.C. 216.3-1(c)]. The Oneida Law Office is
designated as the legal office of the Nation. [2 O.C. 216.7-2]. It is the policy of the Nation to utilize
a centralized legal office to ensure efficiency and cost effectiveness. [2 O.C. 216.1-2]. All legal
opinions regarding the interpretation of laws, policies, regulations, codes, procedures, and the like
promulgated, adopted, approved or otherwise by the Nation are not binding unless approved by
the Oneida Law Office. [2 O.C. 216.7-2].
In regard to the contracting of attorneys for the Nation, all attorney contracts are required to be
contracted through the Chief Counsel’s office and supervised by the Chief Counsel. [2 O.C. 216.42]. There are only a couple exceptions to the requirement that the Chief Counsel supervise
attorneys of the Nation, which include attorneys retained by the Judiciary, attorneys retained by
the Compliance Division-Employee Advocate Office, and other offices which represents persons
against the interests of the Nation as a service offered by the Nation. [2 O.C. 216.4-3(a)-(c)]. Chief
Counsel has the authority to approve exceptions to clauses that are required by the Attorney
Contract Policy to be included in attorney contracts. [2 O.C. 216.5-1]. Negotiation for services to
be rendered in attorney contracts is the responsibility of the hiring party, but final negotiation
regarding payment is handled by Chief Counsel. [2 O.C. 216.6-2]. The Chief Counsel is then
responsible for completing the negotiation of an attorney contract and forwarding it to the Oneida
Business Committee for approval. [2 O.C. 216.6-4].
Therefore, the Petition’s request for the General Tribal Council to determine the role and
responsibilities of the Chief Counsel position would conflict with the Attorney Contract Policy
and the Oneida Personnel Policies and Procedures delegation of authority to the Oneida Business
Committee to set forth an employment contract and job description that includes the roles and
responsibilities of the Chief Counsel position.
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Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position would
have the following legislative effects:
1. The Petition’s request for the General Tribal Council direct that the Chief Counsel position
will have its salary and contract determined and approved by the General Tribal Council
conflicts with the Attorney Contract Policy’s delegation of authority to the Oneida
Business Committee to approve attorney contracts on behalf of the Nation.
2. The Petition’s request for the General Tribal Council to essentially supervise the Chief
Counsel position conflicts with the delegation of authority to the Oneida Business
Committee to serve as supervisor of the Chief Counsel position as provided for in
Resolution BC-02-08-23-C as well as the Oneida Personnel Policies and Procedures.
a. Resolution BC-02-08-23-C identifies the Chief Counsel position as a direct report
to the Oneida Business Committee, and delegates the authority and responsibility
for the administrative supervision of the Chief Counsel position to the officers,
who are identified as the Oneida Business Committee chairperson, vicechairperson, treasurer, secretary, and Legislative Operating Committee
chairperson.
b. The General Tribal Council adopted the Oneida Personnel Policies and Procedures
to provide the Nation’s employee related policies and procedures including policies
regarding recruitment, selection, compensation and benefits, employee relations,
safety and health, program and enterprise rules and regulations, and record keeping.
Overall, the Oneida Personnel Policies and Procedures provides the various roles
and responsibilities of the Nation’s Human Resources Department, supervisors,
employees, Oneida Personnel Commission, and the Oneida Nation Judiciary in
regard to the management of employees of the Nation. As the delegated supervisor
of the Chief Counsel, the Oneida Business Committee is responsible for the
management of the Chief Counsel position. Throughout all the various process and
procedures regarding the management and supervision of an employee contained
within the Oneida Personnel Policies and Procedures, in no instance is the General
Tribal Council involved in employment matters in any way or granted any authority
over the management and supervision of an employment position.
3. The Petition’s request for the General Tribal Council to essentially determine the roles and
responsibilities of the Chief Counsel position would conflict with the Attorney Contract
Policy and the Oneida Personnel Policies and Procedures delegation of authority to the
Oneida Business Committee to set forth an employment contract and job description that
includes the roles and responsibilities of the Chief Counsel position.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Directives for Oneida Nation Chief
Counsel Position.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Disclosure of
Funds, Expenditures, and
Organizational Changes from
March 2020-Present
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct a full and detailed disclosure of all funds/funding received from ANY source
during the Covid-19 Worldwide Health Crisis from March 2020 through the time of
this meeting;
To direct a full and detailed disclosure of all expenditures and the funding source for
those expenditures during the Covid 19 Worldwide Health Crisis from March 2020
through the time of this meeting;
To direct a full and detailed disclosure of any funds leftover and if there are funds
leftover, what is going to be done with those funds;
To direct a full and detailed disclosure of every single organizational change that has
taken place during the Covid-19 Worldwide Health Crisis from March 2020 through
the time of this meeting;
To direct a full and detailed disclosure of what positions were eliminated, what the
elimination was based on, how many positions were positions held by Oneida Enrolled
Tribal Members;
To direct a full and detailed disclosure of what positions were kept, what was the basis
for keeping the position,
To direct a full and detailed explanation of the terminology used (i.e. essential, nonessential, etc.), who made the determinations, and what was used to justify the
determinations of who was essential, non-essential etc.;
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
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fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Disclosure of Funds, Expenditures,
and Organizational Changes from March 2020-Present and forward to the Oneida Business
Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational Changes from
March 2020-Present
Summary
This petition requests the General Tribal Council to consider directing the disclosure of all funds
received, expenditures made, and organizational changes from March 2020 to present day.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 12, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational
Changes from March 2020 - Present (“the Petition”) was submitted to the Government
Administrative Office by Linda Dallas and then verified by the Oneida Trust Enrollment
Department on March 7, 2023. On March 22, 2023, the Oneida Business Committee acknowledged
receipt of the Petition and directed that the Legislative Reference Office complete a statement of
effect for the Petition with status updates to be submitted for the April 26, 2023, regular Business
Committee meeting agenda and the first Business Committee meeting of the month thereafter or
until the final documents are submitted. The Legislative Operating Committee added the Petition
to its Active Files List on April 7, 2023, for a statement of effect to be developed by the Legislative
Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To direct a full and detailed disclosure of all funds/funding received from ANY
source during the Covid-19 Worldwide Health Crisis from March 2020 through the
time of this meeting;
To direct a full and detailed disclosure of all expenditures and the funding source
for those expenditures during the Covid 19 Worldwide Health Crisis from March
2020 through the time of this meeting;
To direct a full and detailed disclosure of any funds leftover and if there are funds
leftover, what is going to be done with those funds;
To direct a full and detailed disclosure of every single organizational change that
has taken place during the Covid-19 Worldwide Health Crisis from March 2020
through the time of this meeting;
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To direct a full and detailed disclosure of what positions were eliminated, what the
elimination was based on, how many positions were positions held by Oneida
Enrolled Tribal Members;
To direct a full and detailed disclosure of what positions were kept, what was the
basis for keeping the position;
To direct a full and detailed explanation of the terminology used (i.e. essential, nonessential, etc.), who made the determinations, and what was used to justify the
determinations of who was essential, non-essential etc.;
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Disclosure of Information
The Petition requests that the General Tribal Council direct the disclosure of various information
regarding funds received, expenditures made, and organizational changes from March 2020 to
present day.
There is no legislative impact in regard to the Petition’s request that there be a financial disclosure
made to the General Tribal Council regarding all funds received from any source, all expenditures
and the funding source for those expenditures, and any remaining funds and a plan for expending
those funds from March 2020 to present day.
The Petition also requests that there be a disclosure made to the General Tribal Council regarding
all organizational changes made from March 2020 to present day, including details on what
positions were eliminated or maintained, and an explanation for how those decisions were made.
Regulations regarding the protection of personnel records is governed by the Oneida Personnel
Policies and Procedures. [1 O.C. 107.4-3]. The Human Resources Department is required to
maintain a complete record of each employee throughout their term of employment, which
includes information such as reference data, job descriptions, resumes and applications, interview
notes/selection information, resignations, employee tax exemption claims, disciplinary action
information, performance evaluations, insurance coverage/changes, and transfers. [Oneida
Personnel Policies and Procedures Section VIII.A]. Employment files kept by the Human
Resources Department are considered confidential information, and release of any information to
a third party must have the consent of the employee in writing. [Oneida Personnel Policies and
Procedures Section VIII.A.2.b]. As long as the requested disclosure of information for organization
and employment changes does not violate any employee’s right to confidentiality of their
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employment records, as provided by the Oneida Personnel Policies and Procedures, there is no
legislative impact.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational
Changes from March 2020 - Present would have the following legislative effect:
1. There is no legislative impact in regard to the Petition’s request that there be a financial
disclosure made to the General Tribal Council regarding all funds received from any
source, all expenditures and the funding source for those expenditures, and any remaining
funds and a plan for expending those funds from March 2020 to present day.
2. The Petition also requests that there be a disclosure made to the General Tribal Council
regarding all organizational changes made from March 2020 to present day, including
details on what positions were eliminated or maintained, and an explanation for how those
decisions were made. As long as the requested disclosure of information for organization
and employment changes does not violate any employee’s right to confidentiality of their
employment records, as provided by the Oneida Personnel Policies and Procedures, there
is no legislative impact.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Disclosure of Funds, Expenditures, and
Organizational Changes from March 2020 - Present.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Emergency
Amendments to the Election Law for
the 2023 General Election
Submission Date: 5/3/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called prior to the 2023 General Election to consider the following:
Make emergency amendments to the Oneida Nation of Wisconsin Election law that will
be effective for the 2023 Oneida Nation of Wisconsin Tri-Annual General Elections
and all elections held thereafter. The emergency amendments shall include, but are not
limited to, the following:
Entire Election Process shall be conducted under audio and video recording
Counting of the ballots for any part of the election process(es) (i.e., the day of
election, for recounts, ties, etc.) shall be conducted in a facility large enough
to conduct the ballot counting process(es) in a restricted area in the presence
of the General Tribal Council
Ballots shall always be kept under audio and video surveillance
Poll Watchers from the point the ballots being retrieved to the point the ballots
are placed back under surveillance in a secure area.
Remove any and all Oneida Business Committee Members from the Election
Processes
Declaration of the Election Results shall be brought to the General Tribal
Council for review, discussion and approval, denial or modification by the
General Tribal Council only
Filling vacancies
Election Outcomes and Ties
Recount Process
To direct that the emergency amendments shall apply to the 2023 Oneida Nation of
Wisconsin Tri-Annual General Elections; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
4/26/23 OBC: Motion by Marie Cornelius to acknowledge receipt of the petition from Linda Dallas regarding
Emergency Amendments to the Election Law for the 2023 General Election; to direct the BC
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Direct Report Offices to complete and submit their administrative impact statements of the
petition to the TribalSecretary mailbox by Wednesday, May 17, 2023; and to direct the Law,
Finance, and Legislative Reference Offices to complete, respectively, the legal review, fiscal
impact statement, and statement of effect with status updates to be submitted for the May 24,
2023, regular Business Committee meeting agenda and the first BC meeting of the month
thereafter or until the final documents are submitted, seconded by Brandon Stevens. Motion
carried.
5/3/23 LOC:
Motion by Marie Cornelius to add the Petition: L. Dallas – Emergency Amendments to the
Election Law for 2023 General Election with all LOC members as the sponsor; seconded by
Daniel Guzman King. Motion carried unanimously.
Next Steps:
Accept the status update memorandum for Petition: L. Dallas – Emergency Amendments
to the Election Law for the 2023 General Election and forward to the Oneida Business
Committee.
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Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
=DODDOO
ONEIDA
Oneida Business Committee
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
May 24, 2023
Petition: L. Dallas – Emergency Amendments to the Election Law for the 2023
General Election
On April 14, 2023, the Petition: L. Dallas – Emergency Amendments to the Election Law for the
2023 General Election (“the Petition”) was submitted to the Government Administrative Office by
Linda Dallas and has since been verified by the Oneida Trust Enrollment Department on April 17,
2023. On April 26, 2023, the Oneida Business Committee acknowledged receipt of the Petition
and directed that the Legislative Reference Office complete a statement of effect for the Petition
with status updates to be submitted for the May 24, 2023, regular Business Committee meeting
agenda and the first Business Committee meeting of the month thereafter or until the final
documents are submitted. On May 3, 2023, the Legislative Operating Committee added the
Petition to the Active Files List to be worked on by the Legislative Reference Office.
The Legislative Reference Office is currently developing the statement of effect for this Petition.
It is the intention of the Legislative Reference Office that the statement of effect for the Petition
be submitted for inclusion on the June 14, 2023, Oneida Business Committee meeting agenda.
Requested Action
Accept the status update regarding the statement of effect for the Petition: L. Dallas – Emergency
Amendments to the Election Law for the 2023 General Election.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – General Tribal
Council Directive Regarding Advocacy
Training
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct a detailed report regarding the Advocacy Training that was directed by the
GTC to occur via the Oneida Judiciary; and
To enforce the GTC directive to provide Advocacy Training to Oneida Enrolled Tribal
Members;
To direct the Advocacy Training be held on a quarterly basis during both the day and
evening hours to ensure a greater opportunity for the membership to participate; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
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Next Steps:
Accept the statement of effect for Petition: L. Dallas – General Tribal Council Directive
Regarding Advocacy Training and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
ONEIDA
Statement of Effect
Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy Training
Summary
This petition requests the General Tribal Council to consider directing a report be developed
regarding advocacy training that was directed by the General Tribal Council to occur through the
Oneida Nation Judiciary, enforcement of the directive to provide advocacy training to enrolled
members of the Nation, and direct that the advocacy training be held on a quarterly basis both
during the day and the evening hours.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 10, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy
Training (“the Petition”) was submitted to the Government Administrative Office by Linda Dallas
and then verified by the Oneida Trust Enrollment Department on March 7, 2023. On March 22,
2023, the Oneida Business Committee acknowledged receipt of the Petition and directed that the
Legislative Reference Office complete a statement of effect for the Petition with status updates to
be submitted for the April 26, 2023, regular Business Committee meeting agenda and the first
Business Committee meeting of the month thereafter or until the final documents are submitted.
The Legislative Operating Committee added the Petition to its Active Files List on April 7, 2023,
for a statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
To direct a detailed report regarding the Advocacy Training that was directed by
the GTC to occur via the Oneida Judiciary; and
To enforce the GTC directive to provide Advocacy Training to Oneida Enrolled
Tribal Members;
To direct the Advocacy Training be held on a quarterly basis during both the day
and evening hours to ensure a greater opportunity for the membership to
participate; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
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All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
General Tribal Council Directive for Advocacy Training
At the November 14, 2016, General Tribal Council meeting, the General Tribal Council directed
the Oneida Business Committee to establish a legal office consisting of advocates and an advising
attorney for General Tribal Council which would be elected by General Tribal Council at the 2017
General Election to represent employees employed by the Oneida Nation and Tribal enrolled
members that have any type of litigation at the Oneida Judiciary, and to retain legal counsel
specifically for General Tribal Council to advise during duly called General Tribal Council
meetings. The General Tribal Council clarified that the office would not report to the Oneida
Business Committee, but to the General Tribal Council on an annual and semi-annual schedule.
The General Tribal Council then directed that this office provide training on a bi-annual basis that
includes, but is not limited to, training in judiciary laws, processes, procedures, and Tribal laws
that apply to it, representation of matters in front of the Judiciary, to be open to all Tribal members,
and to begin in fiscal year 2018. It is presumed that this is the General Tribal Council directive this
Petition references.
Legal Resource Center Law
The Oneida General Tribal Council Ten Day Notice Policy requires that motions or resolutions
that have been passed by the General Tribal Council shall be carried out and adhered to whole
heartedly by the Oneida Business Committee or as directed by the General Tribal Council. [1 O.C.
110.3-1(b)(1)(B), 110.6-5(a)]. In an effort to fulfill the November 14, 2016, General Tribal
Council directive, on May 24, 2017, the Oneida Business Committee adopted the Legal Resource
Center law on an emergency basis through the adoption of resolution BC-05-24-17-A, Legal
Resource Center Emergency Law. The Legislative Procedures Act grants the Oneida Business
Committee the authority to temporarily enact legislation when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible under
the Legislative Procedures Act. [1 O.C. 109.9-5]. The emergency adoption of the Legal Resource
Center law was necessary for the preservation of the general welfare of the Reservation population
in order to ensure that the two (2) advocates on the ballot for the July 8, 2017, General Election
would have the proper legislation in place to provide structure to the Legal Resource Center. The
observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law would be contrary to public interest since the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the
Legal Resource Center was established in accordance with the 2017 General Election deadline
established by the General Tribal Council.
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The Oneida Business Committee then adopted the Legal Resource Center law on a permanent
basis on September 13, 2017, through the adoption of resolution, BC-09-13-17-L, Legal Resource
Center.
The Legal Resource Center law establishes a Legal Resource Center to provide legal advice and
representation to both members of the Nation and employees in cases before the Judiciary and to
represent the General Tribal Council at General Tribal Council meetings. [8 O.C. 811.1-1]. It is
the policy of the Nation to provide legal assistance to its members and employees in an effort to
protect individual rights. [8 O.C. 811.1-2]. The Legal Resource Center law does address the
General Tribal Council directive that there be training provided on a bi-annual basis that includes,
but is not limited to, training in judiciary laws, processes, procedures, and Tribal laws that apply
to it, representation of matters in front of the Judiciary. The Legal Resource Center law provides
that the Legal Resource Center attorney shall have the responsibility to provide bi-annual training
starting in Fiscal Year 2018 that is open to all Tribal members and includes, but is not limited to,
training on the Oneida Code of Laws and the Judiciary’s processes and procedures. [8 O.C. 811.53(n)]. The Legal Resource Center law provided that if there is no Legal Resource Center attorney
in office, then the Legal Resource Center advocates shall share the responsibility to provide the
trainings. [8 O.C. 811.4-5, 811.6-3(g)].
The Legal Resource Center law also requires that the Legal Resource Center attorney provide
annual and semi-annual reports to the General Tribal Council. [8 O.C. 811.5-3(g)]. In the absence
of a Legal Resource Center attorney in office, then the Legal Resource Center advocates shall
share the responsibility to provide the General Tribal Council annual and semi-annual reports. [8
O.C. 811.4-5, 811.6-3(g)].
Directives of this Petition
The Petition’s request for the General Tribal Council to direct a report be developed regarding the
training that was directed by the General Tribal Council at the November 14, 2016, General Tribal
Council meeting, as well as the request for the enforcement of this directive are both supported by
the Legal Resource Center law. The Legal Resource Center law requires annual and semi-annual
reports to the General Tribal Council by either the Legal Resource Center attorney or advocates.
[8 O.C. 811.5-3(g), 811.4-5, 811.6-3(g)]. Information regarding whether or not the Legal Resource
Center attorney and advocates have complied with the directive to provide training may be
included in future annual or semi-annual reports. There is no legislative impact if the General
Tribal Council requests additional reporting on this subject matter. Additionally, the Legal
Resource Center law very clearly requires that the Legal Resource Center attorney, or the
advocates in their absence, provide bi-annual training that is open to all members of the Nation
and includes, but is not limited to, training on the Oneida Code of Laws and the Judiciary’s
processes and procedures. [8 O.C. 811.5-3(n)]. This training was directed to begin in Fiscal Year
2018. Any inaction of the Legal Resource Center attorney or advocates to provide the mandated
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training is not only a violation of the Legal Resource Center law, but also a violation of the
November 14, 2016, General Tribal Council directive.
The Petition’s request for advocacy training to be held on a quarterly basis during both the day and
evening hours to ensure a greater opportunity for the membership to participate conflicts with both
the November 14, 2016, General Tribal Council directive for training and the Legal Resource
Center law. Both the November 14, 2016, General Tribal Council directive and the Legal Resource
Center law require bi-annual trainings to be provided, not quarterly trainings.
The Ten Day Notice Policy requires that any action to overrule a previous passed motion or
resolution of the General Tribal Council requires a two-thirds (2/3) majority vote. [1 O.C. 110.31(a)(3)]. Therefore, if the General Tribal Council wanted to take action to amend its November
14, 2016, directive for trainings to require that trainings be held on a quarterly basis instead of a
bi-annual basis, then a two-thirds (2/3) vote would be required. Then, any amendment to the Legal
Resource Center law to revise the bi-annual training requirement to a quarterly training
requirement would need to be developed and adopted in accordance with the Legislative
Procedures Act.
The General Tribal Council adopted the Legislative Procedures Act in 2013 to set forth the process
for the development and adoption of laws of the Nation by the Oneida Business Committee and
General Tribal Council. [1 O.C. 109.1-1]. The Legislative Procedures Act intends to ensure that
there is a standard process for developing legislation for the Nation. [1 O.C. 109.1-2]. Although
the Legislative Procedures Act is not construed to impede the constitutional right of a member of
the Nation under Article III, Section 4 of the Oneida Nation Constitution and Bylaws to petition
for a special meeting of the General Tribal Council, the lawmaking requirements provided by the
Legislative Procedures Act do apply to all legislation considered by the Oneida Business
Committee or the General Tribal Council. [1 O.C. 109.1-3, 109.1-1].
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy
Training would have the following legislative effect:
1. The Petition’s request for the General Tribal Council to direct a report be developed
regarding the training that was directed by the General Tribal Council at the November 14,
2016, General Tribal Council meeting, as well as the request for the enforcement of this
directive for training to be provided are both supported by the Legal Resource Center law.
a. The Legal Resource Center law requires annual and semi-annual reports to be made
to the General Tribal Council by either the Legal Resource Center attorney or
advocates. Information regarding whether or not the Legal Resource Center
attorney and advocates have complied with the directive to provide training may be
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included in future annual or semi-annual reports. There is also no legislative impact
if the General Tribal Council requests additional reporting on this subject matter.
b. The Legal Resource Center law very clearly sets forth the requirement that the
Legal Resource Center attorney, or the advocates in their absence, provide biannual training that is open to all members of the Nation and includes, but is not
limited to, training on the Oneida Code of Laws and the Judiciary’s processes and
procedures. Any inaction of the Legal Resource Center attorney or advocates to
provide the mandated training is not only a violation of the Legal Resource Center
law, but also a violation of the November 14, 2016, General Tribal Council
directive.
2. The Petition’s request for advocacy training to be held on a quarterly basis during both the
day and evening hours to ensure a greater opportunity for the membership to participate
conflicts with both the November 14, 2016, General Tribal Council directive for training
and the Legal Resource Center law. Both the November 14, 2016, General Tribal Council
directive and the Legal Resource Center law require bi-annual trainings to be provided, not
quarterly trainings.
a. The Ten Day Notice Policy requires that any action to overrule a previous passed
motion or resolution of the General Tribal Council requires a two-thirds (2/3)
majority vote. Therefore, if the General Tribal Council wanted to take action to
amend its November 14, 2016, directive for trainings to require that trainings be
held on a quarterly basis instead of a bi-annual basis, then a two-thirds (2/3) vote
would be required.
b. Any amendment to the Legal Resource Center law to revise the bi-annual training
requirement to a quarterly training requirement would need to be developed and
adopted in accordance with the Legislative Procedures Act.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – General Tribal Council Directive
Regarding Advocacy Training.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Oneida Nation
Disability Fund
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Update on the Oneida Nation of Wisconsin Disability Fund and what is being done
with the funding;
If the Oneida Nation of Wisconsin does not have a Disability Fund established, direct
that a Disability Fund be developed and brought back to the GTC within ninety (90)
business days for review, discussion, approval and implementation; and
GTC reserves the right to review, discuss , and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Oneida Nation Disability Fund and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Oneida Nation Disability Fund
Summary
This petition requests the General Tribal Council to consider directing an update be provided on
the status of the Oneida Nation Disability Fund, and if no such fund exists, that an Oneida Nation
Disability Fund be established and brought back to the General Tribal Council for review and
approval within ninety (90) days.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 11, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Oneida Nation Disability Fund (“the Petition”) was
submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Update on the Oneida Nation of Wisconsin Disability Fund and what is being done with
the funding;
If the Oneida Nation of Wisconsin does not have a Disability Fund established, direct that
a Disability Fund be developed and brought back to the GTC within ninety (90) business
days for review, discussion, approval and implementation; and
GTC reserves the right to review, discuss , and take any other action deemed appropriate
by the General Tribal Council during the GTC Meeting regarding the above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Oneida Nation Disability Fund
The Petition requests the General Tribal Council to direct an update be provided on the status of
the Oneida Nation Disability Fund, and if no such fund exists, that an Oneida Nation Disability
Fund be established and brought back to the General Tribal Council for review and approval within
ninety (90) days.
The legal opinion from the Oneida Law Office reviews the background as well as current status of
the Oneida Nation Disability Fund. There are no laws of the Nation that address the Oneida Nation
Disability Fund.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Oneida Nation Disability Fund would have no legislative
impact.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Oneida Nation Disability Fund.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
May 17, 2023
Petition: L. Dallas – Repeal and Replace
Current Removal Law
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Repeal Current Removal Law identified in the Oneida Code of Laws under Title I.
Government and Finance - Chapter 104, REMOVAL LAW, Adopted GTC-01-09-06-A,
and replace it with the New Removal Law attached to this Oneida General Tribal
Council Meeting Petition Form, which will cause the removal law to properly align
with, uphold and enforce the Oneida Nation of Wisconsin Constitutional provisions
regarding the removal of elected of any official on the Business Committee, pursuant
to Article 111., Section 3., which states [in part] "The General Tribal Council may at
its discretion remove any official on the Business Committee by a two-thirds majority
vote at any regular or special meeting of the Tribal Council, pursuant to a duly adopted
ordinance . Such ordinance shall fix the specific causes for removal and ensure that
the rights of the accused are protected, including his receiving in writing a statement
of the charges against him and assurance on sufficient notice thereof where he shall
be afforded every opportunity to speak in his own defense"; and
Direct the new Removal Law shall go into effect immediately; and
GTC reserves the right to review, discuss , and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
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4/19/23 LOC: Motion by Marie Cornelius to accept the memorandum titled, Status Update for Outstanding
General Tribal Council Petitions, and forward to the Oneida Business Committee; seconded
by Daniel Guzman King. Motion carried unanimously.
4/26/23 OBC: Motion by Marie Cornelius to accept the petition processing notice and the 2023 petition status
report, seconded by David P. Jordan. Motion carried.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Repeal and Replace Current Removal
Law and forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
HANDOUT
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Repeal and Replace Current Removal Law
Summary
This petition requests the General Tribal Council to consider repealing and replacing the current
Removal law.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: May 15, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Repeal and Replace Current Removal Law (“the
Petition”) was submitted to the Government Administrative Office by Linda Dallas and then
verified by the Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the
Oneida Business Committee acknowledged receipt of the Petition and directed that the Legislative
Reference Office complete a statement of effect for the Petition with status updates to be submitted
for the April 26, 2023, regular Business Committee meeting agenda and the first Business
Committee meeting of the month thereafter or until the final documents are submitted. The
Legislative Operating Committee added the Petition to its Active Files List on April 7, 2023, for a
statement of effect to be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Repeal Current Removal Law identified in the Oneida Code of Laws under Title I.
Government and Finance - Chapter 104, REMOVAL LAW, Adopted GTC-01-0906-A, and replace it with the New Removal Law attached to this Oneida General
Tribal Council Meeting Petition Form, which will cause the removal law to
properly align with, uphold and enforce the Oneida Nation of Wisconsin
Constitutional provisions regarding the removal of elected of any official on the
Business Committee, pursuant to Article 111., Section 3., which states [in part]
"The General Tribal Council may at its discretion remove any official on the
Business Committee by a two-thirds majority vote at any regular or special meeting
of the Tribal Council, pursuant to a duly adopted ordinance . Such ordinance shall
fix the specific causes for removal and ensure that the rights of the accused are
protected, including his receiving in writing a statement of the charges against him
and assurance on sufficient notice thereof where he shall be afforded every
opportunity to speak in his own defense"; and
Direct the new Removal Law shall go into effect immediately; and
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GTC reserves the right to review, discuss , and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
The Legislative Process
The General Tribal Council adopted the Legislative Procedures Act in 2013 to set forth the process
for the development and adoption of laws of the Nation by the Oneida Business Committee and
General Tribal Council. [1 O.C. 109.1-1]. The Legislative Procedures Act intends to ensure that
there is a standard process for developing legislation for the Nation. [1 O.C. 109.1-2]. Although
the Legislative Procedures Act is not construed to impede the constitutional right of a member of
the Nation under Article III, Section 4 of the Oneida Nation Constitution and Bylaws to petition
for a special meeting of the General Tribal Council, the lawmaking requirements provided by the
Legislative Procedures Act do apply to all legislation considered by the Oneida Business
Committee or the General Tribal Council. [1 O.C. 109.1-3, 109.1-1].
The legislative process begins when any person who is interested in pursuing the development of
or amendment to a law of the Nation submits a written request for legislation to the Legislative
Reference Office, who then is responsible for placing the request for legislation on the agenda of
the next duly called Legislative Operating Committee meeting. [1 O.C. 109.5-1, 109.5-2]. General
Tribal Council delegated the Legislative Operating Committee the responsibility for the
development of legislation of the Nation. [1 O.C. 109.4-2]. The Legislative Operating Committee
is comprised of the five (5) Oneida Business Committee members who do not hold officer
positions. [1 O.C. 110.4-1(b)]. Once the Legislative Operating Committee receives a request for
legislation, the Legislative Operating Committee then either accepts or denies the request, except
that the Legislative Operating Committee is not allowed to deny a request for legislation directed
by a General Tribal Council law, resolution, or motion. [1 O.C. 109.5-2(a)-(b)].
Once the Legislative Operating Committee accepts a request for legislation and directs that
legislation be developed in accordance with the Legislative Procedures Act, a draft of the
legislation is created through research, review of other similar laws, collaboration with affected
entities, and community engagement efforts. The Legislative Procedures Act provides guidance
on how a law should be organized, such as different sections that need to be included in a law and
what information needs to be addressed in each section, to ensure there is a consistent format
amongst all laws of the Nation. [1 O.C. 109.11]. Once a draft of the proposed legislation is
approved by the Legislative Operating Committee, a legislative analysis of the draft legislation is
completed. [1 O.C. 109.7-1]. The purpose of the legislative analysis is to describe the important
features of the legislation being considered and factual information to enable the Legislative
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Operating Committee to make informed decisions regarding legislation. [1 O.C. 109.3-1(g)]. A
legislative analysis includes a statement of the legislation’s terms and substance; intent of the
legislation; a description of the subject(s) involved, including any conflicts with Oneida or other
law, key issues, potential impacts of the legislation and policy considerations. Id.
Once a draft and legislative analysis are completed for proposed legislation, the Legislative
Operating Committee moves forward with obtaining public review of the proposed legislation.
The Legislative Operating Committee determines a public meeting date and then a public meeting
notice is created that contains the date, time and place of the public meeting, the time period for
the public comment period, and the name, address, phone number, and other appropriate
information on where to submit comments on the proposed legislation. [1 O.C. 109.8-2]. At least
ten (10) business days before the public meeting is held, the public meeting notice is published in
the Kalihwisaks, while the public meeting notice, proposed draft of the legislation, legislative
analysis, and fiscal impact statement if available, are published on the Oneida Register on the
Nation’s webpage found at the following location: https://oneida-nsn.gov/government/register/,
and electronically noticed to all managers and directors. [1 O.C. 109.8-2]. The managers and
directors who receive the public meeting materials are then required by the Legislative Procedures
Act to direct employees of the Nation who have special knowledge or expertise on the proposed
legislation to provide public comments. [1 O.C. 109.8-4(a)].
The public meeting on the proposed legislation is required to be presided over by at least one (1)
member of the Legislative Operating Committee. [1 O.C. 109.8-3(a)]. The purpose of the public
meeting is to solicit oral comments from members of the community on the proposed legislation.
[1 O.C. 109.8-3]. After the public meeting concludes, the Legislative Operating Committee holds
open a public comment period for at least five (5) business days. [1 O.C. 109.8-1(a)]. During the
public comment period individuals may submit written comments including data, views,
arguments, or concerns to the Oneida Business Committee Secretary or the Legislative Reference
Office in person or through United States mail, interoffice mail, e-mail, or fax. [1 O.C. 109.8-1(c),
109.4-4(b)].
Once the public comment period has concluded, the Legislative Operating Committee is required
by the Legislative Procedures Act to fully consider all written comments and oral testimony
received during the public comment period and any public meeting on the proposed legislation. [1
O.C. 109.8-4]. The Legislative Operating Committee accomplishes this responsibility through the
development of a public comment review memorandum that provides the Legislative Operating
Committee’s consideration of every comment received, and demonstrates any changes made to the
proposed legislation based on the public comments.
A fiscal impact statement is also required for all proposed legislation. [1 O.C. 109.6-1]. A fiscal
impact statement provides an estimate of the total fiscal year financial effects associated with
legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate
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A good mind. A good heart. A strong fire.
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of the amount of time necessary for an individual or agency to comply with the law after
implementation. [1 O.C. 109.3-1(c)]. The Legislative Operating Committee may direct that a fiscal
impact statement be submitted by any agency who may receive funding if the legislation is enacted,
may administer a program if the legislation is enacted, may have financial information concerning
the subject matter of the legislation, or the Finance Department. [1 O.C. 109.6-1]. Oneida Business
Committee resolution BC-10-28-20-A, Further Interpretation of ‘Fiscal Impact Statement’ in the
Legislativ
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