# Oneida Business Committee (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa6f8907dc8442ae7 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 88 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center 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 r'\ mooao 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 ~ ONEIDA 3 of 88 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 4 of 88 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 Page 3 of 3 5 of 88 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 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. 6 of 88 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. Page 2 of 2 ~ ONEIDA 7 of 88 Draft 2 (Redline to Draft 1) 2023 05 17 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 8 of 88 Draft 2 (Redline to Draft 1) 2023 05 17 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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 9 of 88 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Draft 2 (Redline to Draft 1) 2023 05 17 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 10 of 88 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Draft 2 (Redline to Draft 1) 2023 05 17 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 11 of 88 Draft 2 (Redline to Current) 2023 05 17 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 12 of 88 Draft 2 (Redline to Current) 2023 05 17 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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 13 of 88 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Draft 2 (Redline to Current) 2023 05 17 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 14 of 88 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Draft 2 (Redline to Current) 2023 05 17 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 15 of 88 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. 16 of 88 Analysis to Draft 2 – PM Draft 2023 05 17 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]. Page 1 of 6 17 of 88 Analysis to Draft 2 – PM Draft 2023 05 17 Purpose Affected Entities Public Meeting Fiscal Impact Expiration of Emergency Legislation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. 28 29 30 31 32 33 34 35 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. Page 2 of 6 18 of 88 Analysis to Draft 2 – PM Draft 2023 05 17 36 37 38 39 B. The following laws were reviewed in the drafting of this analysis:  Oneida General Welfare law; and  Administrative Rulemaking Law. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 SECTION 4. PROCESS 71 72 73 74 75 76 77 78 79 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 Page 3 of 6 19 of 88 Analysis to Draft 2 – PM Draft 2023 05 17 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 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 Page 4 of 6 20 of 88 Analysis to Draft 2 – PM Draft 2023 05 17 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 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]. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 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. 156 157 158 159 160 161 162 163 164 165 166 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]. Page 5 of 6 21 of 88 Analysis to Draft 2 – PM Draft 2023 05 17 167 168 169 170 171 172 173 174 175 176  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. 177 SECTION 7. OTHER CONSIDERATIONS 178 A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire on 179 September 28, 2023. 180  Conclusion: The Legislative Operating Committee will need to consider the development and 181 adoption of this Law on a permanent basis within the next four (4) months. 182 B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 183 legislation except emergency legislation. [1 O.C. 109.6-1] . Oneida Business Committee resolution 184 BC-10-28-20-A, Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, 185 provides further clarification on who the Legislative Operating Committee may direct complete a fiscal 186 impact statement at various stages of the legislative process, as well as timeframes for completing the 187 fiscal impact statement. 188  Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact 189 statement be completed. 190 Page 6 of 6 22 of 88 Draft 2 – PM Draft 2023 05 17 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 23 of 88 Draft 2 – PM Draft 2023 05 17 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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 24 of 88 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Draft 2 – PM Draft 2023 05 17 (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 25 of 88 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Draft 2 – PM Draft 2023 05 17 (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 26 of 88 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. Page 1 of 2 A good mind. A good heart. A strong fire. 27 of 88 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 A good mind. A good heart. A strong fire. ~ ONEIDA 28 of 88 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. Page 1 of 2 A good mind. A good heart. A strong fire. 29 of 88 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 A good mind. A good heart. A strong fire. ~ ONEIDA 30 of 88 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. Page 1 of 5 A good mind. A good heart. A strong fire. 31 of 88 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; Page 2 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 32 of 88     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 Page 3 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 33 of 88 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. Page 4 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 34 of 88 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. Page 5 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 35 of 88 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, Page 1 of 2 A good mind. A good heart. A strong fire. 36 of 88 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. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 37 of 88 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 Page 1 of 6 A good mind. A good heart. A strong fire. 38 of 88  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 Page 2 of 6 A good mind. A good heart. A strong fire. ~ ONEIDA 39 of 88 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 Page 3 of 6 A good mind. A good heart. A strong fire. ~ ONEIDA 40 of 88 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 Page 4 of 6 A good mind. A good heart. A strong fire. ~ ONEIDA 41 of 88 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. Page 5 of 6 A good mind. A good heart. A strong fire. ~ ONEIDA 42 of 88 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. Page 6 of 6 A good mind. A good heart. A strong fire. ~ ONEIDA 43 of 88 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, Page 1 of 2 A good mind. A good heart. A strong fire. 44 of 88 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. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 45 of 88 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; Page 1 of 3 A good mind. A good heart. A strong fire. 46 of 88     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 Page 2 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA 47 of 88 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. Page 3 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA 48 of 88 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa6f8907dc8442ae7. Public record. Not legal advice.