# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aabbbf36a3ba3a58f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 86 Oneida Business Committee Executive Session and Regular Meeting 8:30 AM Wednesday, June 24, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. NOTICE All regular, special, and emergency Business Committee meetings are closed to the public for the duration of the Public Health State of Emergency. This is preventative measure as a result of the COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee. Video recordings are made of regular meetings of the Business Committee. All recordings are available on the Nation's website at: https://oneida-nsn.gov/government/businesscommittee/recordings/ If you have comments regarding open session items, please submit them to TribalSecretary@oneidanation.org no later than close of business the day prior to a Business Committee meeting. Comments will be noticed to the Business Committee. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. MINUTES A. Approve the June 10, 2020, regular Business Committee meeting minutes Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 4 June 24, 2020 Public Packet V. VI. VII. 2 of 86 RESOLUTIONS A. Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds to Purchase Crowd Control Equipment for the Oneida Police Department Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs B. Adopt resolution entitled Adoption of Additional Emergency Amendments to the Election Law Sponsor: David P. Jordan, Councilman APPOINTMENTS A. Determine next steps regarding ten (10) alternates - Oneida Election Board Sponsor: Lisa Summers, Secretary B. Determine next steps regarding one (1) vacancy(ies) - Oneida ESC Group, LLC Board of Managers Sponsor: Lisa Summers, Secretary TABLED BUSINESS A. VIII. TRAVEL REQUESTS A. IX. Update and progress report regarding the implementation procedures for BC resolution # 03-11-20-C (tabled 4/8/20; no action requested) Approve the travel request in accordance with § 219.16-1 - Ten (10) individuals 2020 General Election polling site - Milwaukee, WI Sponsor: Twylite Moore, Interim Chair/Oneida Election Board NEW BUSINESS A. Appoint a representative to the Green Bay Chamber of Commerce Sponsor: Louise Cornelius, Gaming General Manager B. Enter the e-poll results into the record regarding the approved expenditure for unemployment compensation Sponsor: Lisa Summers, Secretary C. Enter the e-poll results into the record regarding the authorized Coronavirus Related Distributions Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 2 of 4 June 24, 2020 Public Packet X. 3 of 86 EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report Sponsor: Debbie Thundercloud, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance June 2020 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs AUDIT COMMITTEE 1. C. TABLED BUSINESS 1. D. Accept the Information Technology FY-2019 compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman Joint Marketing Standard Operating Procedures regarding Tickets & Merchandise Distribution (tabled 4/8/20; no action requested) NEW BUSINESS 1. Approve a limited waiver of sovereign immunity - Advanced Disposal Services Solid Waste Midwest LLC agreement - file # 2020-0312 Sponsor: Debbie Thundercloud, General Manager 2. Review the Gaming operations phase II re-opening plans (9:30 a.m.) Sponsor: Louise Cornelius, Gaming General Manager 3. Accept letter of resignation in accordance with section 7.2 of employment contract # 2018-0256 and determine next steps (11:15 a.m.) Sponsor: Lisa Summers, Secretary 4. Review application(s) for ten (10) alternates - Oneida Election Board Sponsor: Lisa Summers, Secretary 5. Review application(s) for one (1) vacancy(ies) - Oneida ESC Group, LLC Board of Managers Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 4 June 24, 2020 Public Packet 4 of 86 6. XI. Review the Business Committee Support Staff assessment final report and determine next steps Sponsor: Lisa Summers, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 4 of 4 June 24, 2020 Public Packet 5 of 86 Approve the June 10, 2020, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 06/22/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☒ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 6 of 86 DRAFT Oneida Business Committee Executive Session and Regular Meeting 8:30 AM Wednesday, June 10, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Melinda J. Danforth via Microsoft Teams1), Lisa Liggins; REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins; Clorissa Santiago, Cheryl Stevens, Twylite Moore; I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:35 a.m. II. OPENING (00:0016) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:00:43) Motion by David P. Jordan to adopt the agenda as presented, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 1Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings Oneida Business Committee Regular Meeting Minutes Page 1 of 8 June 10, 2020 Public Packet 7 of 86 DRAFT IV. OATH OF OFFICE (00:01:14) Oath of office adminstered by Secretary Lisa Summers. Rich Van Boxtel (via telephone) was present. A. V. Oneida Police Commission - Richard Van Boxtel Sponsor: Lisa Summers, Secretary MINUTES A. Approve the May 27, 2020, regular Business Committee meeting minutes (00:03:27) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to approve the May 27, 2020, regular Business Committee meeting minutes, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster VI. RESOLUTIONS A. Adopt resolution entitled Extension of Declaration of Public Health Emergency Until July 12, 2020 (00:03:56) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to adopt resolution 06-10-20-A Extension of Declaration of Public Health State of Emergency Until July 12, 2020, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster B. Adopt resolution entitled Setting Allocation Goals for Use of COVID-19 Relief Funds in the Cares Act (00:09:20) Sponsor: Trish King, Treasurer Councilman Kirby Metoxen left at 9:41 a.m. Councilman Kirby Metoxen returned at 9:44 a.m. Motion by Daniel Guzman King to approve the allocations highlighted in blue on the chart on page 27 of the meeting packet, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by Trish King to approve the allocaton of $3.2 Million for Personal/Vaction Reimbursement, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by David P. Jordan to schedule mandatory meeting(s) to finish the setting the priorities, noting the Secretary will schedule the meeting(s), seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 8 June 10, 2020 Public Packet 8 of 86 DRAFT C. Adopt resolution entitled Process for Authorization for Use of CARES Act Covid Relief Funds (01:27:53) Sponsor: Trish King, Treasurer Motion by Trish King to adopt resolution 06-10-20-B Process for Authorization for Use of CARES Act Covid Relief Funds, with two (2) noted changes [1) in line 25, insert June 10, 2020; and 2) in line 104, insert June 10, 2020], seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Opposed: Lisa Summers Secretary Lisa Summers stated for the record the Treasurer did identify that it looks like there's a piece that might not have been identitied in the resolution as part of the process; that needed to be clarified. While I really appreaciate the fact that the team brought foward a resolution to help identify an outline of a process, it's missing a lot of detail. I think it would have been more appropriate presented as a Standard Operating Procedure, including all of the appropriate forms and back up information that's identified in the resolution. D. Adopt resolution entitled COVID-19 Response - Oneida Nation Small Business Assistance Program (01:41:48) Sponsor: Trish King, Treasurer Motion by Lisa Summers to adopt resolution 06-10-20-C COVID-19 Response - Oneida Nation Small Business Assistance Program with two (2) changes [1) in line 152, insert $30,000; and 2) include a start date of June 15, 2020], seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Abstained: David P. Jordan, Jennifer Webster Motion by Lisa Summers that the CRF Funding Coordinator is the Nation's delegate for making the final determinations identified in resolution # BC-06-10-20-C, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Abstained: David P. Jordan, Jennifer Webster Councilwoman Jennifer Webster and Councilman David P. Jordan abstained because they are both small business owners. E. Adopt resolution entitled Amendments to the Tobacco Law (02:00:36) Sponsor: David P. Jordan, Councilman Secretary Lisa Summers left at 10:35 a.m. Secretary Lisa Summers returned at 10:40 a.m. Motion by Jennifer Webster to adopt resolution 06-10-20-D Amendments to the Tobacco Law, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Abstained: Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 3 of 8 June 10, 2020 Public Packet 9 of 86 DRAFT F. Adopt resolution entitled Tobacco Law Penalty and Fine Schedule (02:05:30) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to adopt resolution 06-10-20-E Tobacco Law Penalty and Fine Schedule with one (1) change [1) in line 13, insert the appropriate resolution number], seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Abstained: Daniel Guzman King, Lisa Summers G. Adopt resolution entitled InterTribal Buffalo Council Surplus Buffalo Program (02:08:01) Sponsor: Debbie Thundercloud, General Manager Councilman Daniel Guzman King left at 10:43 a.m. Motion by Jennifer Webster to adopt resolution 06-10-20-F InterTribal Buffalo Council Surplus Buffalo Program, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King VII. TABLED BUSINESS A. Update and progress report regarding the implementation procedures for BC resolution # 03-11-20-C (tabled 4/8/20; no requested action) (02:10:10) No action; item remains on the table. VIII. NEW BUSINESS A. Authorize the use of a Graphic regarding Intergovernmental Agreements (02:10:40) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Summers to approve permission to reprint Graphic regarding Intergovernmental Agreements and authorize the Chairman to sign the request, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Oneida Business Committee Regular Meeting Minutes Page 4 of 8 June 10, 2020 Public Packet 10 of 86 DRAFT B. Accept the General Election safety plan (02:11:49) Sponsor: Lisa Summers, Secretary Motion by Kirby Metoxen to accept the General Election safety plan, as information, seconded by Brandon Stevens. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Councilman Kirby Metoxen left at 10:55 a.m. C. Approve a limited waiver of soverign immunity - Green Bay Metropolitan Sewerage District professional services agreement - file # 2020-0292 (02:20:15) Sponsor: Debbie Thundercloud, General Manager Councilman Kirby Metoxen returned at 10:57 p.m. Motion by Jennifer Webster to approve a limited waiver of soverign immunity - Green Bay Metropolitan Sewerage District professional services agreement - file # 2020-0292, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Abstained: Kirby Metoxen Not Present: Daniel Guzman King IX. REPORTS A. OTHER 1. Accept the Oneida Youth Leadership Institute FY-2020 2nd quarter report (02:22:02) Sponsor: Cheryl Stevens, Executive Manager/Oneida Youth Leadership Institute Motion by David P. Jordan to accept the Oneida Youth Leadership Institute FY-2020 2nd quarter report, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Oneida Business Committee Regular Meeting Minutes Page 5 of 8 June 10, 2020 Public Packet 11 of 86 DRAFT X. EXECUTIVE SESSION (02:23:18) Councilman Daniel Guzman King returned at 10:58 a.m. Treasurer Trish King left at 10:58 a.m. Motion by Daniel Guzman King to go into executive session at 10:58 a.m., seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Trish King Treasurer Trish King returned at 11:03 p.m. Councilwoman Jennifer Webster left at 11:55 p.m. to attend a teleconference for the Administration for Children and Families (ACF) Tribal Consultation Councilman David P. Jordan left at 12:20 p.m. Motion by Daniel Guzman King to come out of executive session at 12:35 p.m., seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: David P. Jordan, Jennifer Webster A. REPORTS 1. Accept the Emergency Management FY-20 2nd quarter report (02:24:36) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Brandon Stevens to accept the Emergency Management FY-20 2nd quarter report, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: David P. Jordan, Jennifer Webster 2. Accept the Chief Counsel report (02:25:00) Sponsor: Jo Anne House, Chief Counsel Motion by Brandon Stevens to accept the Chief Counsel report, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: David P. Jordan, Kirby Metoxen, Jennifer Webster 3. Accept the General Manager report Sponsor: Debbie Thundercloud, General Manager Item was not addressed. Oneida Business Committee Regular Meeting Minutes Page 6 of 8 June 10, 2020 Public Packet 12 of 86 DRAFT B. TABLED BUSINESS 1. Joint Marketing Standard Operating Procedures regarding Merchandise Distribution (tabled 4/8/20; no requested action) Tickets & No action; item remains on the table. C. NEW BUSINESS 1. Discuss next steps regarding legal review – Emergency Resolutions and Declarations – COVID-19 Pandemic (02:25:30); (02:27:51) Sponsor: David P. Jordan, Councilman Motion by Brandon Stevens to defer this discussion to the June 24, 2020, regular Business Committee meeting agenda, seconded by Kirby Metoxen. Motion not voted. Item X.C.2. was addressed next. Motion by Daniel Guzman King to go into executive session at 12:39 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: David P. Jordan, Jennifer Webster The Oneida Business Committee, by consensus, recessed at 12:55 p.m. to 3:30 p.m. Meeting called to order by Chairman Tehassi Hill at 3:37 p.m. Roll call for the record: Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan; Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers; Not Present: Councilwoman Jennifer Webster; Motion by Ernie Stevens III to come out of executive session at 3:37 p.m., seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Jennifer Webster Motion by David P. Jordan to defer this discussion to next week's regularly scheduled Business Committee work session agenda, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Jennifer Webster Item XI. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 7 of 8 June 10, 2020 Public Packet 13 of 86 DRAFT 2. Approve the US Department of the Interior - Multi-Year Funding Agreement amendment #6 - file # 2020-0392 (02:27:10) Sponsor: Jennifer Webster, Councilwoman Motion by Ernie Stevens III to approve the US Department of the Interior - Multi-Year Funding Agreement amendment #6 - file # 2020-392, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: David P. Jordan, Jennifer Webster Item X.C.1. was re-addressed next. XI. ADJOURN (02:29:17)) Motion by David P. Jordan to adjourn at 3:38 p.m., seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers Not Present: Jennifer Webster Minutes prepared by Lisa Liggins, Information Management Specialist Minutes approved as presented on . Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 8 of 8 June 10, 2020 Public Packet 14 of 86 Oneida Business Committee Agenda Request Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds to Purchase Crowd... 1. Meeting Date Requested: 06 / 24 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopted Resolution titled Authorizing the use of Self-Governance Carryover Funds to Crowd Control Equipment for the Oneida Police Department 3. Supporting Materials Report Resolution Contract Other: 1. Crowd Control Request 3. Galls Quote 2. Nelson Quote (preferred) 4. Streichers Quote Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, Director/IGAC Primary Requestor/Submitter: Candice E. Skenandore, Self Governance Coordinator/IGAC Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 15 of 86 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: With the recent protests, riots, and other disturbances that involved a large number of people, the Oneida Police Department requires crowd control equipment in case the Oneida Police Department has to protect the Nation's assets from violence and/or looting. The equipment will provide safety to the officers from projectiles and violent adversaries in defense of the Oneida Nation. Adoption of this resolution will authorize the use of general Self Governance carryover funds in the amount of $3,318.86 be used to purchase 18 riot helmets, 18 batons, and 5 shields. In accordance with BC Resolution 09-25-19-B Update State of Effect Requirement for Resolutions, a statement of effect is not needed for Self-Governance contract or compact resolutions. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 16 of 86 Oneida Nation Post Office Box 365 Phone: (920) 869-2214 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 41 42 Oneida, WI 54155 BC Resolution # _____________ Authorizing the use of Self-Governance Carryover Funds to Purchase Crowd Control Equipment for the Oneida Police Department WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, it is the mission of the Oneida Nation to govern and protect the people, land, and resources of the Oneida Nation; and WHEREAS, the Oneida Nation has a compact and funding agreement with the Department of Interior’s Bureau of Indian Affairs (BIA) pursuant to Title IV of the Indian Self-Determination and Education Assistance Act (P.L. 93-638); and WHEREAS, Article III, Section 5 of the compact with the Department of Interior states that reallocation of funds from one program, activity, function, or service to another within a General Budget Category, or from one General Budget Category to another does not require Secretarial consent; and WHEREAS, in accordance with Section 2 of the funding agreement between the Oneida Nation and the Department of Interior, the Oneida Nation has broad authority to reallocate funding between programs; and WHEREAS, the Oneida Nation has assumed the responsibility of providing law enforcement services pursuant to Section 2 of the funding agreement; and WHEREAS, on May 25, 2020, four officers were involved in an arrest that resulted in the death of George Floyd; and WHEREAS, the death of Mr. Floyd sparked mass protests in cities across the United States and eventually the world, including municipalities that surround the Oneida Nation; and WHEREAS, peaceful protests within the City of Green Bay turned violent with looting, property damage to area businesses, and discharges of weapon(s); and WHEREAS, on June 3, 2020, Self-Governance reached out to the Oneida Police Department asking if they needed anything to ensure the safety of its officers and the community; and Public Packet 17 of 86 BC Resolution # _______ Authorizing the use of Self-Governance Carryover Funds to Purchase Crowd Control Equipment for the Oneida Police Department Page 2 of 2 43 44 45 46 47 48 49 50 51 52 53 54 55 WHEREAS, the Oneida Police Department identified the need for crowd control equipment including: 18 riot helmets, 18 batons, and 5 shields; and WHEREAS, the crowd control equipment is quoted at $3,318.86. WHEREAS, there are Self-Governance carryover funds that can be used to purchase the crowd control equipment. NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee authorizes that Self-Governance carryover funds in the amount of $3,318.86 be made available to purchase the crowd control equipment for the Oneida Police Department. Public Packet From: To: Cc: Subject: Date: Attachments: 18 of 86 Joel J. Maxam Candice E. Skenandore Eric H. Boulanger Crowd control gear Wednesday, June 3, 2020 10:50:06 AM image001.png Good morning Candice, Eric asked me to reach out to you about crowd control gear for our officers. Ideally, we’d like to equip each officer with a protective helmet with face shield and 36” baton. We’d like to have 5 riot shields on hand that the officers can share in the event of an incident. The following is a breakdown of approximate cost for the equipment. Galls Kohaut 36” hickory riot baton -$22.99 (18) Galls premier crown 906 series riot helmet- $139.99 (18) Paulson riot shield 36”X20” - $154.99 (5) The total cost for all the gear would be approximately $3,709. Thank you for your time and consideration. Joel J. Maxam Assistant Chief of Police Oneida Police Department 2783 Freedom Road P.O. Box 365 Oneida, WI 54155-0365 Office (920) 869-2239 Fax (920) 869-1864 CONFIDENTIALITY: This e-mail (including any attachments) may contain confidential, proprietary and privileged information. Unauthorized disclosure or use is prohibited. If you received this e-mail in error, please notify the sender and delete this e-mail from your system. Public Packet 19 of 86 Adopt resolution entitled Adoption of Additional Emergency Amendments to the Election Law 06 / 24 / 20 Resolutions Adopt the resolution titled, "Adoption of Additional Emergency Amendments to the Election Law" Emergency Adoption Packet David P. Jordan, Councilmember Clorissa N. Santiago, LRO Senior Staff Attorney Public Packet 20 of 86 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson June 24, 2020 Election Law Emergency Amendments Please find the following attached backup documentation for your consideration of the Election Law Emergency Amendments: 1. 2. 3. 4. 5. Resolution: Adoption of Additional Emergency Amendments to the Election Law Statement of Effect: Adoption of Additional Emergency Amendments to the Election Law Election Law Emergency Amendments Legislative Analysis Election Law Emergency Amendments (Redline) Election Law Emergency Amendments (Clean) Overview Emergency amendments to the Election law (the “Law”) are being sought to address the impact of the COVID-19 pandemic on the Nation’s 2020 General Election. The emergency amendments to the Law will provide that elections shall be held at an Oneida Nation facility, as opposed to in an Oneida Nation facility, to allow for outdoor, drive-through voting. [1 O.C. 102.9-2]. In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, and provided the necessary authority should action need to be taken and allowed the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This declaration of a Public Health State of Emergency was extended by the Oneida Business Committee until May 12, 2020, through the adoption resolution BC-03-28-20-A, then extended again until June 11, 2020, through the adoption of resolution BC-05-06-20-A, and finally further extended until July 12, 2020, through the adoption of resolution BC-06-10-20-A. On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which prohibits all public gatherings of any number of people and orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume. Then on May 19, 2020, a “Safer at Home Declaration, Amendment, Open for Business” declaration was issued which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social distancing should be practiced by all persons. The COVID-19 Core Decision Making Team most Page 1 of 2 Public Packet 21 of 86 recently issued a “Stay Safer at Home” declaration on June 10, 2020, which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions. The Oneida Business Committee is delegated the authority to temporarily enact emergency legislation when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the amendment of the legislation is required sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)]. The emergency amendments to the Election law are necessary for the preservation of the public health, safety, and general welfare of the Reservation population. The emergency amendments are needed to protect the Reservation population against the public health crisis that is the COVID-19 pandemic. Allowing for a member of the Nation to choose the option of outdoor, drive-through voting during the 2020 General Election will help reduce any unnecessary contact between individuals which could spread COVID-19, while also ensuring that the 2020 General Election can occur without interruption. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of these amendments would be contrary to public interest. The 2020 General Election is tentatively scheduled for July 25, 2020. Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the General Election could still occur on July 25, 2020, without violating the Election law. The emergency amendments to the Law will become effective immediately upon adoption by the Oneida Business Committee and will remain effective for six (6) months, or until the 2020 General Election has concluded, whichever is sooner. There will be one (1) opportunity to extend the emergency amendments for an additional six (6) months. [1 O.C. 109.9-5(b)]. Requested Action Approve the Resolution: Adoption of Additional Emergency Amendments to the Election Law Page 2 of 2 Public Packet Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Adoption of Additional Emergency Amendments to the Election Law 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 41 42 WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Election law (“the Law”) was adopted by the General Tribal Council for the purpose of governing the procedures for the conduct of orderly elections of the Nation, and was most recently amended by the Oneida Business Committee on an emergency basis through the adoption of resolutions BC-03-17-20-B and BC-05-13-20-H; and WHEREAS, the Law requires that elections shall be held in an Oneida Nation facility(s) as determined by the Oneida Election Board; and WHEREAS, the federal government has proclaimed a public health emergency related to the spread of the COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses; and WHEREAS, state governors, including the State of Wisconsin, have declared public health emergencies and state public health officers have issued orders, for example, closing public schools, limiting public gatherings, and closing restaurants and bars except for take-out orders; and WHEREAS, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority for action to be taken and allows the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses; and WHEREAS, the Nation’s Public Health State of Emergency has since been extended until July 12, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, and BC-06-10-20-A; and WHEREAS, on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which prohibits all public gatherings of any number of people and orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed; and WHEREAS, the COVID-19 Core Decision Making Team has issued subsequent declarations modifying the “Safer at Home” declaration including the April 21, 2020 “Updated Safer at Home” 22 of 86 Public Packet 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 BC Resolution _____________ Adoption of Additional Emergency Amendments to the Election Law Page 2 of 2 declaration, the May 19, 2020, “Safer at Home Declaration, Amendment, Open for Business” declaration, and the June 10, 2020, “Stay Safer at Home” declaration; and WHEREAS, the Oneida Election Board has requested emergency amendments to the Election law to address the impact of COVID-19 on the Nation; and WHEREAS, the proposed emergency amendment to the Law provides that elections shall be held at an Oneida Nation facility, as opposed to in an Oneida Nation facility, to allow the potential for outdoor, drive-through voting; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis, to be in effect for a period of six (6) months, renewable for an additional six (6) months; and WHEREAS, emergency adoption of legislation is allowed when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the amendment of the legislation is required sooner than would be possible under the Legislative Procedures Act; and WHEREAS, the emergency adoption of this amendment to the Law is necessary for the preservation of the public health, safety, and general welfare of the Reservation population to protect the Reservation population against the public health crisis that is the COVID-19 pandemic since allowing for a member of the Nation to choose the option of outdoor, drive-through voting during the 2020 General Election will help reduce any unnecessary contact between individuals which could spread COVID-19, while also ensuring that the 2020 General Election can occur without interruption; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of this amendment would be contrary to public interest since the General Election is tentatively scheduled for July 25, 2020, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the General Election could still occur on July 25, 2020, without violating the Law; and WHEREAS, the Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation; and WHEREAS, the Oneida Election Board is actively monitoring the public health crises and will notify membership as soon as possible should the election days be canceled, postponed or polling processes be amended to reduce the spread of the virus; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts emergency amendments to the Election Law effective immediately for six (6) months from the date of adoption of this resolution, or until the 2020 General Election is concluded, whichever is sooner. 23 of 86 Public Packet 24 of 86 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Adoption of Additional Emergency Amendments to the Election Law Summary This resolution adopts an emergency amendment to the Election law to provide that elections shall be held at an Oneida Nation facility, as opposed to in an Oneida Nation facility, to allow the potential for outdoor, drive-through voting to be utilized during the 2020 General Election. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: June 15, 2020 Analysis by the Legislative Reference Office This resolution adopts an emergency amendment to the Election law (“the Law”). The purpose of the Law is to govern the procedures for the conduct of orderly elections of the Nation. [1 O.C. 102.1-1]. The emergency amendment to the Law will provide that elections shall be held at an Oneida Nation facility, as opposed to in an Oneida Nation facility, to allow the potential for outdoor, drive-through voting to be utilized during the 2020 General Election. [1 O.C. 102.9-2]. The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency action where it is necessary for the immediate preservation of the public health, safety or general welfare of the reservation population and when enactment or amendment of legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. The resolution provides various information on the COVID-19 pandemic that the world is now facing. This pandemic has resulted in many countries experiencing the effects of illness and health issues related to COVID-19, as well as vast economic impacts. On March 12, 2020, in accordance with Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19. [3 O.C. 302.8-1]. This declaration of a Public Health State of Emergency set into place the necessary authority should action need to be taken and allows the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. This declaration of a Public Health State of Emergency was extended by the Oneida Business Committee until July 12, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, and BC-06-10-20-A. On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which prohibits all public gatherings of any number of people and orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume. Then on May 19, 2020, a “Safer at Home Declaration, Amendment, Open for Business” declaration was issued which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social Page 1 of 2 Public Packet 25 of 86 distancing should be practiced by all persons. The COVID-19 Core Decision Making Team most recently issued a “Stay Safer at Home” declaration on June 10, 2020, which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions. The resolution provides that the emergency amendment to this Law is necessary for the preservation of the public health, safety, and general welfare of the Reservation population. The emergency amendment is needed to protect the Reservation population against the public health crisis that is the COVID-19 pandemic. Allowing for a member of the Nation to choose the option of outdoor, drive-through voting during the 2020 General Election will help reduce any unnecessary contact between individuals which could spread COVID-19, while also ensuring that the 2020 General Election can occur without interruption. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this amendment would be contrary to public interest. The 2020 General Election is tentatively scheduled for July 25, 2020. [1 O.C. 102.12-1]. Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the General Election could still occur on July 25, 2020, without violating the Election law. The emergency amendment to the Law will take effect immediately upon adoption by the Oneida Business Committee. The emergency amendments will remain effective for six (6) months, or until the 2020 General Election concludes, whichever is sooner. The LPA provides the possibility to extend the emergency amendments for an additional six (6) months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet Analysis to Emergency Draft 1 2020 06 24 26 of 86 EMERGENCY AMENDMENTS TO ELECTION LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact Expiration of Emergency Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Analysis by the Legislative Reference Office Provide that elections shall be held at an Oneida Nation facility, as opposed to in an Oneida Nation facility, to allow for outdoor, drive-through voting. To govern the procedures for the conduct of orderly elections of the Nation [1 O.C. 102.1-1] Oneida Election Board, Business Committee Support Office, Oneida Business Committee, Oneida Nation Judiciary, Oneida Gaming Commission, Legal Resource Center, Oneida Land Claims Commission, Oneida Land Commission, Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida Trust Enrollment Committee. Boards, Committees, and Commissions law, Emergency Management and Homeland Security law. A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)]. A fiscal impact statement is not required for emergency legislation [1 O.C. 109.9-5(a)]. Emergency amendments expire six (6) months after adoption and may be renewed for one additional six (6) month period. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Election law was first adopted on June 19, 1993, and most recently amended on an emergency basis by the Oneida Business Committee on March 17, 2020, and then again on May 13, 2020. The Election law governs the procedures for the conduct of orderly elections of the Nation. [1 O.C. 102.1-1].  March 17, 2020 Emergency Amendments. The Election law was amended on an emergency basis through resolution BC-03-17-20-B in response to the COVID-19 pandemic for the purpose of:  Eliminating the caucus from the election process;  Requiring an individual to submit an application in order to have his or her name placed on a ballot for an election;  Eliminating the requirement for an individual to obtain at least ten (10) signatures of qualified voters when submitting an application to be placed on the ballot;  Requiring that all applications be submitted to the Business Committee Support Office by the close of business on April 24, 2020;  Eliminating referendums from the election process; and  Reducing the number of Oneida Election Board members who are required to sign the election totals on machine counted ballots.  May 13, 2020 Emergency Amendments. The Election law was amended on an emergency basis through resolution BC-05-13-20-H in response to the COVID-19 pandemic for the purpose of: Page 1 of 6 Public Packet 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Analysis to Emergency Draft 1 2020 06 24 Allowing the Election Board to cancel the primary election when large gatherings of people present a substantial risk to the health and safety of the Nation’s citizens; and  Clarifying that if a primary election is canceled then all eligible candidates shall be placed on the ballot for the General Election. B. COVID-19 Pandemic. The world is currently facing a pandemic of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other countries throughout the world, including the United States. The COVID-19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts including effects on the stock market and the closing of all non-essential businesses.  Declaration of a Public Health State of Emergency.  On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared the Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority should action need to be taken and allowed the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses.  The Public Health State of Emergency was extended until May 12, 2020, by the Oneida Business Committee through the adoption of resolution BC-03-28-20-A titled, “Extension of March 12th Declaration of Public Health State of Emergency.”  The Public Health State of Emergency was then again extended by the Oneida Business Committee until June 11, 2020, through the adoption of resolution BC05-06-20-A titled, “Extension of Declaration of Public Health State of Emergency Until June 11, 2020.”  The Public Health State of Emergency was further extended until July 12, 2020, by the Oneida Business Committee through the adoption of resolution BC-06-1020-A titled, “Extension of Declaration of Public Health State of Emergency Until July 12, 2020.”  Additional Action taken by the Nation in Response to COVID-19.  On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Emergency Management and Homeland Security law to create and delegate authority to a COVID-19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10].  When a public health emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the Nation’s laws, policies, procedures, regulations, or standard operating procedures during the emergency period which will be of immediate impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.10-2].  These declarations remain in effect for the duration of the Public Health State of Emergency. [3 O.C. 302.10-3].  On March 24, 2020, the Nation’s COVID-19 Team issued a “Safer at Home” declaration which prohibits all public gatherings of any number of people and orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed.  Page 2 of 6 27 of 86 Public Packet 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 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 Analysis to Emergency Draft 1 2020 06 24 On April 21, 2020, the COVID-19 issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume.  On May 19, 2020, the COVID-19 Team issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social distancing should be practiced by all persons.  On June 10, 2020, the COVID-19 Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions.  On March 27, 2020, the Nation’s COVID-19 Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period.  On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-C titled, “Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020,” which required a great reduction in expenses as a result of zero gaming revenues supporting governmental functions and included initial and on-going layoffs. C. 2020 General Election. The Nation is required to hold a General Election every three (3) years in the month of July. [Constitution and Bylaws of the Oneida Nation Article III, Section 5; 1 O.C. 102.9-1].  Positions on the Ballot for the 2020 General Election. The 2020 General Election ballot would include the following positions:  Oneida Business Committee;  One (1) vacancy – Chairperson, three (3) year term.  One (1) vacancy – Vice Chairperson, three (3) year term.  One (1) vacancy – Treasurer, three (3) year term.  One (1) vacancy – Secretary, three (3) year term.  Five (5) vacancies – Council Member, three (3) year term.  Oneida Election Board;  Three (3) vacancies – three (3) year term.  Oneida Gaming Commission;  One (1) vacancy – five (5) year term.  Legal Resource Center;  One (1) vacancy – Attorney, four (4) year term.  One (1) vacancy – Advocate, four (4) year term.  Oneida Land Claims Commission;  Two (2) vacancies – three (3) year term.  Oneida Land Commission;  Two (2) vacancies – three (3) year term.  Oneida Nation Commission on Aging;  Three (3) vacancies – three (3) year term.  Oneida Nation School Board;  Three (3) vacancies – Parent, three (3) year term.  Page 3 of 6 28 of 86 Public Packet Analysis to Emergency Draft 1 2020 06 24 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Oneida Trust Enrollment Committee; and  Two (2) vacancies – three (3) year term.  Oneida Judiciary.  Court of Appeals:  One (1) vacancy – Appellate Court Chief Judge, six (6) year term.  One (1) vacancy – Appellate Court Judge, six (6) year term.  Trial Court:  One (1) vacancy – Trial Court Chief Judge, six (6) year term.  One (1) vacancy – Trial Court Judge, six (6) year term.  Originally, the caucus for the 2020 General Election was scheduled to be held on March 14, 2020, with the primary election to be held on May 16, 2020, and the General Election occurring on July 4, 2020. Upon cancelation of the caucus through the adoption of emergency amendments through BC-03-17-20-B, the primary election was rescheduled to May 23, 2020, and the 2020 General Election was rescheduled to July 25, 2020. The primary election was then canceled following the adoption of emergency amendments through BC-05-13-20-H. D. Request for Emergency Amendments. In response to the COVID-19 pandemic, emergency amendments to the Law are being sought by the Oneida Election Board to allow for outdoor, drivethrough voting to occur by clarifying that an election shall take place at an Oneida Nation facility, and not in an Oneida Nation facility. 127 128 129 130 131 132 SECTION 3. CONSULTATION AND OUTREACH 133 134 135  A. Representatives from the following departments or entities participated in the development of this Law and legislative analysis:  Oneida Law Office; and  Oneida Election Board. B. The following laws were reviewed in the drafting of this analysis:    Oneida Nation Constitution and Bylaws; Emergency Management and Homeland Security law; and Boards, Committees, and Commissions law. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 SECTION 4. PROCESS A. These amendments are being considered on an emergency basis. The Oneida Business Committee may temporarily enact an emergency law “where legislation is necessary for the immediate preservation of public health, safety, or general welfare of the Reservation population and enactment or amendment of legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5].  Emergency amendments are being pursued for the immediate preservation of the public health, safety, and general welfare of the Reservation population against the public health crisis that is the COVID-19 pandemic. Chairman Tehassi Hill declared a Public Health State of Emergency for the Nation on March 12, 2020. Allowing for the possibility of outdoor, drive-through voting to occur will help reduce any unnecessary contact between individuals which could spread COVID-19, while also ensuring that the 2020 General Election can occur without interruption.  Observance of the requirements under the Legislative Procedures Act for the adoption of these amendments would be contrary to public interest. The 2020 General Election is tentatively Page 4 of 6 29 of 86 Public Packet Analysis to Emergency Draft 1 2020 06 24 150 151 152 153 154 155 156 157 158 159 160 161 162 scheduled for July 25, 2020. Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the General Election could still occur on July 25, 2020, without violating the Election law. B. Emergency amendments typically expire six (6) months after adoption, with one (1) opportunity for a six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)]. The resolution for these emergency amendments provides that the amendment will expire in six (6) months or until the 2020 General Election is concluded, whichever is sooner. C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact statement will eventually be required when considering permanent adoption of these amendments. D. The Legislative Operating Committee decided to pursue these emergency amendments on June 12, 2020. 163 164 165 166 167 168 169 170 171 172 173 SECTION 5. CONTENTS OF THE LEGISLATION 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 SECTION 6. EXISTING LEGISLATION A. Location of the Election. The proposed emergency amendment to the Election law provides that elections shall be held at an Oneida Nation facility(s) as determined by the Election Board. [1 O.C. 102.9-2]. Previously, the Election law provided that elections shall be held in an Oneida Nation facility(s) as determined by the Election Board.  Effect. The proposed emergency amendment would provide flexibility for the Oneida Election Board to utilize outdoor, drive-through voting in the parking lot of an Oneida Nation facility. Allowing for the option of outdoor, drive-through voting to occur will help reduce any unnecessary contact between individuals which could spread COVID-19, while also ensuring that the 2020 General Election can occur without interruption. A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this Law:  Boards, Committees, and Commissions law. The Boards, Committees, and Commission law governs boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1].  The Boards, Committees, and Commissions law provides that all elected positions shall be nominated at a caucus called by the Oneida Election Board, or petition for ballot placement, in accordance with the Nation’s laws and/or policies governing elections, except where an entity’s bylaws allow for a vacancy to be filled by appointment. [1 O.C. 105.8-1]. The Boards, Committees, and Commissions law then goes on to provide that all other processes for the election of a member of an entity shall be as directed by the Nation’s laws and/or policies governing elections. [1 O.C. 105.8-2].  In accordance with the Boards, Committees, and Commissions law, this Law shall govern the election process for the election of a member of an entity.  Emergency Management and Homeland Security law. The Emergency Management and Homeland Security law provides for the development and execution of plans for the protection of Page 5 of 6 30 of 86 Public Packet 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 Analysis to Emergency Draft 1 2020 06 24 residents, property, and the environment in an emergency or disaster; and provides for the direction of emergency management, response, and recovery on the Reservation; as well as coordination with other agencies, victims, businesses, and organizations; and establishes the use of the National Incident Management System; and designates authority and responsibilities for public health preparedness. [3 O.C. 302.1-1].  The Emergency Management and Homeland Security law provides that the Oneida Business Committee shall be responsible for proclaiming or ratifying the existence of an emergency. [3 O.C. 302.8-1]. A public health emergency is defined as the occurrence or imminent threat of an illness or health condition which: (1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological agent; and (2) poses a high probability of any of the following: (A) a large number of deaths or serious or long-term disability among humans; or (B) widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people. [3 O.C. 302.3-1(o)].  Chairman Tehassi Hill’s March 12, 2020, “Declaration of Public Health State of Emergency” and the subsequent extensions conform with the requirements of the Emergency Management and Homeland Security law. 213 SECTION 7. OTHER CONSIDERATIONS 214 A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six (6) 215 months after adoption or until the 2020 General Election is concluded, whichever is sooner. The 216 emergency amendments may be renewed for an additional six (6) month period. 217  Conclusion: The Legislative Operating Committee will need to consider the development and 218 adoption of permanent amendments to this Law within the next six (6) to twelve (12) months. 219 B. Consideration of Additional Amendments. The Oneida Election Board will be actively monitoring the 220 Public Health State of Emergency and will notify the membership of the Nation as soon as possible 221 should the 2020 General Election day be canceled or postponed, or if the polling processes need to be 222 amended to reduce the spread of COVID-19. 223  Conclusion: The Legislative Operating Committee may have to consider additional amendments 224 to this Law if the 2020 General Election timeframe or procedure will be further impacted by the 225 COVID-19 Public Health State of Emergency. 226 C. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 227  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 228 emergency legislation [1 O.C. 109.6-1]. 229 Page 6 of 6 31 of 86 Public Packet 32 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 Title 1. Government and Finances - Chapter 102 Ona=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have ELECTION 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 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 Purpose and Policy Adoption, Amendment, Repeal Definitions Election Board Candidate Eligibility Selection of Candidates Notice of Polling Places 102.8. Registration of Voters 102.9. Election Process 102.10. Tabulating and Securing Ballots 102.11. Election Outcome and Ties 102.12. Elections 102.13. Oneida Nation Constitution and By-law Amendments 102.1. Purpose and Policy 102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of orderly elections of the Nation, including pre-election activities. Because of the desire for orderly and easily understood elections, there has not been an allowance made for write-in candidates on ballots. 102.1-2. This law defines the duties and responsibilities of the Election Board members and other persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all procedures used in the election process. 102.2. Adoption, Amendment, Repeal 102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and amended by resolutions GTC-01-04-10-A, BC-02-25-15-C, GTC-04-23-17-A, BC-0317-20-B, and emergency amended by resolutions BC-03-17-20-B, BC-05-13-20-H., and BC-____-__-__. 102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding amendments to this law and policies adopted regarding implementation of this law are to be presented to the Business Committee who shall then adopt or forward action(s) to the General Tribal Council for adoption. 102.2-3. 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. 102.2-4. 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. 102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 102.3. Definitions 102.3-1. 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. 102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on the Election Board during an election and until election results have been certified. 102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for acceptance on a ballot. 102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding holidays of the Nation. 102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to support or reject a particular candidate of the Nation including, without limitation, advertising, 1 O.C. 102 – page 1 Public Packet 38 39 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 71 72 73 74 75 76 77 78 79 80 81 82 33 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 rallying, public speaking, or other communications with members of the Nation. 102.3-6. “Candidate” shall mean an applicant for an elected position whose name is placed on the ballot by the Election Board after successful application. 102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose of determining voter eligibility. 102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday. 102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political or otherwise, in which a Nation elected official, employee, consultant, appointed or elected, member of any board, committee or commission, or their immediate relatives, friends or associates, or any other person with whom they have contact, that conflicts with any right of the Nation to property, information, or any other right to own and operate its enterprises, free from undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in any law or policy of the Nation. 102.3-10. “Election” shall mean every primary and election. 102.3-11. “General election” shall mean the election held every three (3) years in July to elect the Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the Business Committee and may include contests for elected boards, committees and commissions positions. 102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of discrepancies, complaints and controversy regarding voter eligibility. 102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Nation. 102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the winner of an elected position, in the case of a tie between two (2) or more candidates. 102.3-15. “Nation” means the Oneida Nation. 102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by the Nation for the benefit of transmitting news to members of the Nation, which is designated by the Election Board as a source for election related news. 102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a police officer on any police force. 102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential dwelling or a privately owned business within the boundaries of the Reservation. 102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida Community Health Center, the SEOTS building and all One-Stop locations. 102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18) years of age or older. 102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating machine. 102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred and is not tabulated. 102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots. 1 O.C. 102 – page 2 Public Packet 34 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 102.4. Election Board Section A. Establishment, Composition and Election 102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this law and Article III, Sections 2 and 3 of the Oneida Nation Constitution. 102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be elected to terms of three (3) years, not to exceed two (2) consecutive terms. 102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an Election Board member in any pre-election, election day, or post-election activities while he or she is an applicant or candidate in any election or there is otherwise a conflict of interest. 102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member who is removed from the Election Board shall be ineligible to serve on the Board for three (3) years from the time he or she is removed from the Election Board. 102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed to correspond with the pre-election activities and the needs of the Election Board. 102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election. 102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the Election Board, as recommended by the Election Board, to assist with election day and preelection activities. 102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in the By-laws of the Election Board, to preside over the meetings. This selection shall be carried out at the first meeting of the Election Board following an election. The Chairperson shall then ask the Election Board to select a Vice-Chairperson and Secretary. Section B. Duties of the Election Board 102.4-9. The Election Board shall have the following duties, along with other responsibilities listed throughout this law. (a) The Election Board shall be in charge of all registration and election procedures; and (b) Upon completion of an election, the Election Board shall make a final report on the election results as set out in this law. Section C. Specific Duties of Officers and Election Board Members 102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to being present at all Election Board meetings and assisting the handicapped through the voting process, are as set out herein: (a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing body for applicants found to be ineligible in accordance with 102.5-6 in the event of an appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust Enrollment Department personnel when their election day duties are complete; and shall post and report election results. (b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson. (c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s Secretary, other Election Board members and the public as required in the Open Records and Open Meetings Law. (d) Clerks: Shall implement the requirements of identifying and registering all voters and 1 O.C. 102 – page 3 Public Packet 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 35 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment Department personnel in the registration process, and assist the Chairperson as directed in conducting the election. Clerks cannot be currently employed by the Trust Enrollment Department. (e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as determined by this law. Shall assist the Chairperson in conducting the election. (f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted under this law. In case of disputes among Election Board members, or between members of the Nation and Election Board members, or any controversy regarding voter eligibility, the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall also ensure that all ballots of voters whose eligibility may be in question, remain confidential. Section D. Compensation Rates 102.4-11. Election Board members are to be compensated at an hourly rate when conducting elections as provided for in the Election Board’s bylaws as approved by the Business Committee. The Election Board shall have a budget, approved through the Nation’s budgeting process. 102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be compensated at their regular rate of pay out of their respective budgets. 102.5. Candidate Eligibility Section A. Requirements 102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section in order to become a candidate. 102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall: (a) be an enrolled member of the Nation, as verified by membership rolls of the Nation. (b) be a qualified voter on the day of the election. (c) provide proof of physical residency as required for the position for which they have applied. Proof of residency may be through one (1) or more of the following: (1) a valid Wisconsin driver’s license; (2) a bill or pay check stub showing name and physical address of the candidate from the prior or current month; (3) another form of proof that identifies the candidate and that the candidate has physically resided at the address and identifies that address as the primary residence. 102.5-3. No applicant may have a conflict of interest with the position for which they are being considered, provided that any conflict of interest which may be eliminated within thirty (30) calendar days of being elected shall not be considered as a bar to election. 102.5-4. Applications shall be filed by presenting the information to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, by April 24, 2020. No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted. 102.5-5. The names of the candidates and the positions sought shall be a public record and made available to the public upon the determination of eligibility by the Election Board or the Board’s designated agent. 1 O.C. 102 – page 4 Public Packet 36 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 Section B. Eligibility Review 102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal. At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall select the hearing body. The hearing shall be held within two (2) business days of receipt of the appeal. The applicant shall be notified by phone of time and place of the hearing. The decision of the hearing body shall be sent via certified mail or hand delivery within two (2) business days of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the Judiciary on an accelerated schedule. 102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to verify eligibility. Any applicant found to be ineligible for a position shall be notified by certified mail return receipt requested. The notice shall provide the following information: (a) Position for which they were considered (b) Qualification of the position and citation of the source. (Copies of source may be attached.) (c) A brief summary explaining why the applicant was found to be ineligible. (d) That the applicant has two (2) business days from notification to make an appeal. Appeals must be filed at the location designated on the notice by hand delivery. The location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or other delivery method will be accepted. Section C. Campaign Financing 102.5-8. Contributions: (a) Solicitation of Contributions by Candidates. (1) Candidates shall only accept contributions from individuals who are members of the Nation or individuals related by blood or marriage to the candidate. Candidates may not accept contributions from any business, whether sole proprietorship, partnership, corporation, or other business entity. (2) Candidates shall not solicit or accept contributions in any office or business/facility of the Nation. (b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. 102.5-9. Campaign Signs and Campaigning: (a) Placement of campaign signs: (1) Campaign signs shall not be posted or erected on any property of the Nation except for private property with the owner/tenant’s permission. (2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum of seven (7) such signs may be placed on a building or on a lot. (3) No campaign sign shall project beyond the property line into the public right of way. (b) Removal of campaign signs. All campaign signs shall be removed within five (5) business days after an election. (c) Employees of the Nation shall not engage in campaigning for offices of the Nation during work hours. The Nation’s employees shall be subject to disciplinary action under the personnel policies and procedures for political campaigning during work hours. 1 O.C. 102 – page 5 Public Packet 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 37 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 (d) Enforcement. The Zoning Administrator shall cause to be removed any campaign signs that are not in compliance with this law, in accordance with the Zoning and Shoreland Protection Law. (e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. Section D. Candidate Withdrawal 102.5-10. Any candidate may withdraw his or her name from a ballot if submitted in writing by the candidate prior to submission of the ballot for printing to any Election Board member, excluding alternates. 102.5-11. After printing of the ballot, any candidate may withdraw his or her name from the election by submitting in writing a statement indicating they are withdrawing from the election prior to the opening of the polls to any Election Board member, excluding alternates. This statement shall be posted alongside any sample ballot printed prior to the election in the newspaper or any posting at the polling places. 102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the Election Board members in charge of the polling place, to be removed from the ballot. The written statement shall be posted next to any posted sample ballot. 102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from which they have withdrawn regardless of the number of votes cast for that candidate. A written statement shall be considered the only necessary evidence of withdrawal and acceptance of denial of any position withdrawn from. 102.5-14. Candidate Withdrawal After Winning an Election. (a) In the event a candidate declines an office after winning an election, the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Election shall be held. 2.6. Selection of Candidates 102.6-1. Any eligible member of the Nation may apply to be placed on a ballot according to the following procedures: (a) Applicants shall use an official form as designated by this law which may be obtained in the Office of the Nation’s Secretary. (b) The form shall consist of information that satisfies the minimum requirements for eligible candidates, as descried in section 102.5-2 of this law. (c) Applications shall be presented to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to close of business on April 24, 2020. The location to drop-off applications shall be the Business Committee Support Office. (d) The Nation’s Secretary shall forward all applications to the Election Board Chairperson the next business day following the close of submissions. 102.6-2. A person who runs for a position on the Oneida Business Committee, or a position on a judicial court or commission, shall not run for more than one (1) elective office or seat per election. 1 O.C. 102 – page 6 Public Packet 38 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 102.7. Notice of Polling Places 102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of the polling places and the time the polls will be open. This notice shall also be posted in an easily visible position, close to the entrance of the Nation’s businesses/facilities. 102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the election, and shall remain posted until the poll closes on the day of the election. 102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation members, stating the time and place of the election and a sample of the ballot, no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. 102.7-4. Notice of the election shall be placed in the Nation’s newspaper. 102.8. Registration of Voters Section A. Requirements 102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the Oneida Nation Constitution. Section B. Identification of Voters 102.8-2. All voters must present one of the following picture identifications in order to be able to vote: (a) Oneida Nation I.D. (b) Drivers License. (c) Other I.D. with name and photo. Section C. Registration Procedures 102.8-3. Voters shall physically register, on the day of the election, at the polls. 102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election Officials during the voting period. 102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration Form containing the voter’s following information: (a) name and maiden name (if any); (b) current address; (c) date of birth; and (d) enrollment number. Section D. Qualification/Verification of Voter Eligibility 102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote, the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with the Trust Enrollment Department personnel who are registering voters, to decide the voting member’s eligibility currently being questioned and shall make such decisions from the facts available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation Constitution, Article III Section 2, to vote in the Nation’s elections. 1 O.C. 102 – page 7 Public Packet 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of the voter shall be written next to a numbered list which corresponds to the numbered and sealed envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box 413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they desire to challenge the decision made by the Election Officials. The Election Board shall make a final decision, within five (5) business days of receiving the appeal and shall report this decision in the final report sent to the Oneida Business Committee. 102.9. Election Process Section A. Polling Places and Times 102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections shall be held in the month of July on a date set by the General Tribal Council. The General Tribal Council shall set the election date at the January annual meeting, or at the first GTC meeting held during a given year. Special Elections shall be set in accordance with 102.12-6. 102.9-2. Elections shall be held inat an Oneida Nation facility(s) as determined by the Election Board. 102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line to vote at 7:00 p.m. shall be allowed to vote. (a) If a ballot counting machine is used, the ballot counting machine shall be prepared prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four (4) members of the Nation verify, through signature on the tape, the ballot box is empty and the ballot counting machine printer tape has a zero (0) total count. 102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open, and until the counting of ballots is completed, and tentative results posted. 102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such that there is an area with at least two sides and a back enclosure. 102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of the voting area, excluding private property. 102.9-7. No one causing a disturbance shall be allowed in the voting area. 102.9-8. Election Board members may restrict the voting area to qualified voters only. This restriction is in the interest of maintaining security of the ballots and voting process. Section B. Ballot Box 102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and shall be locked until counting at the close of polls. Provided that, with electronic ballot counting, the ballots may be placed within the ballot counting machine as they are received. Section C. Spoiled Ballots 102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot. 102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials and placed in an envelope marked as "Spoiled Ballots." 102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15) calendar days following finalization of any challenge of the election, at the Records Management Department. 1 O.C. 102 – page 8 39 of 86 Public Packet 40 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 Section D. Rejected Ballots 102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed. (a) Computer rejected ballots shall be reviewed by the Election Officials to verify the authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final computer total, provided that, a new ballot was not received as set out in sections 102.9-10 through 102.9-12. (b) Ballots rejected, either during the computer process or during a manual counting, shall be reviewed by the Election Officials to verify that they are authentic. If the Election Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.” 102.10. Tabulating and Securing Ballots Section A. Machine Counted Ballots 102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate from the ballot counting machine copies of the election totals from the votes cast. 102.10-2. At least three (3) Election Board members shall sign the election totals, which shall include the tape signed by the members of the Nation before the polls were opened per section 102.9-3(a). Section B. Manually Counted Ballots 102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the ballot box and remove the ballots. 102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall be secured in a sealed container for transportation to the ballot counting location. The sealed ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election Officials for counting/tallying of ballots. 102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and witnessed/monitored by an Oneida Police Officer. 102.10-6. Ballots must be counted by two different Election Officials until two final tallies are equal in back to back counting. Final tallies shall be verified by the Election Judges. Section C. Securing Ballots 102.10-7. The Judges shall place together all ballots counted and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots, and the election totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The Oneida Police Officer shall then deliver, on the day of the election, the sealed container to the Records Management Department for retaining. 102.11. Election Outcome and Ties Section A. Election Results Announcement 102.11-1. The tentative results of an election shall be announced and posted by the Election Board within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain the following statement: 1 O.C. 102 – page 9 Public Packet 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 "The election results posted here are tentative results. Final election results are forwarded by the Oneida Election Board to the Oneida Business Committee via a Final Report after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer” 102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s newspaper, the tentative results of an election. Section B. Tie 102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to determine the outcome of an election, the Election Board shall conduct an automatic recount of the votes for each candidate receiving the same number of votes. Any recount conducted shall be the only recount allowed for the tied candidates. 102.11-4. For Business Committee positions, a run-off election between the candidates with the same number of votes shall be held if there remains a tie after the recount. Said run-off election shall be held within twenty one (21) calendar days after the recount. For all other positions, if there remains a tie after the recount, the Election Board shall decide the winner of the tied positions at least two (2) business days after, but no more than five (5) business days after the recount through a lot drawing, which shall be open to the public. (a) The Election Board shall notify each of the tied candidates and the public of the date, time, and place of the drawing at least one (1) business day before the drawing. Notice to the tied candidates shall be in writing. Notice to the public shall be posted by the Election Board in the prominent locations. (b) On the date and at the time and place the drawing was noticed, the Election Board Chairperson shall clearly write the name of each tied candidate on separate pieces of paper in front of any witnesses present. The pieces of paper shall be the same, or approximately the same, color, size, and type. The papers shall be folded in half and placed in a container selected by the Election Board Chairperson. (c) The Election Board Chairperson shall designate an uninterested party to draw a name from the container. The candidate whose name is drawn from the container first shall be declared the winner. An Election Board member other than the Chairperson shall remove the remaining pieces of paper from the container and show them to the witnesses present. Section C. Recount Procedures 102.11-5. A candidate may request the Election Board to complete a recount, provided the margin between the requesting candidate’s vote total and vote total for the unofficial winner was within two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is greater. A candidate requests a recount by hand delivering a written request to the office of the Nation’s Secretary, or noticed designated agent, within five (5) business days after the election. Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact the Election Board Chairperson by the next business day after the request for recounts. 102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the request regarding the results of the recount. Provided that, no recount request need be honored where there have been two (2) recounts completed as a result of a request either as a recount of the whole election results, or of that sub-section. 102.11-7. All recounts shall be conducted manually with, if possible, the original Election 1 O.C. 102 – page 10 41 of 86 Public Packet 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 Officials and Oneida Police Officer present, regardless of the original type of counting process. Manual recounts may, at the discretion of the Election Officials, be of the total election results, or of the challenged sub-section of the election results. 102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed container with the ballots from the Records Management Department and transporting it to the ballot recounting location. 102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three (3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election Board Chairperson and an Oneida Police Officer shall witness the recount. 102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be counted until two (2) final tallies are equal in back to back counting and the total count of ballots reconciles with the total count from the ballot counting machine. Sub-sections of candidates may be recounted in lieu of a full recount. (a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be counted twice by different persons and certified by the Judges. (b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior to using an electronic ballot counting device, it shall be certified as correct either by the maker, lessor of the machine, or Election Board. Section D. Challenges and Declaration of Results 102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall hear and decide a challenge to any election within two (2) business days after the challenge is filed. Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after the issuance of the lower body’s decision and decided within two (2) business days after the appeal is filed. (a) The person challenging the election results shall prove by clear and convincing evidence that the Election Law was violated or an unfair election was conducted, and that the outcome of the election would have been different but for the violation. (b) If the Judiciary invalidates the election results, a Special Election shall be ordered by the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon as the Election Law allows for a Special Election. 102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer. The Final Report shall consist of the following information: (a) Total number of persons voting. (b) Total votes cast for each candidate by subsection of the ballot. (c) List of any ties and final results of those ties, including the method of resolution. (d) List of candidates elected and position elected to. (e) Number of spoiled ballots. (f) Cost of the election, including the compensation paid to each Election Board member. 102.11-13. Declaration of Results. The Business Committee shall declare the official results of the election and send notices regarding when the swearing in of newly elected officials shall take place within ten (10) business days after receipt of the Final Report. 1 O.C. 102 – page 11 42 of 86 Public Packet 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 102.11-14. Candidates elected to the Business Committee shall resign from any salaried position effective prior to taking a Business Committee oath of office 102.11-15. Except in the event of an emergency, as determined by the Business Committee, newly elected officials shall be sworn into office no later than thirty (30) calendar days after the official results of an election are declared by the Business Committee. (a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall be considered vacant and the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Election shall be held. 102.11-16. The Election Board shall send notice to the Records Management Department to destroy the ballots thirty (30) calendar days after the election or after the final declaration of official election results occurs, whichever is longer. 102.12. Elections Section A. Primary Elections; Business Committee 102.12-1. When to Hold a Primary Election. A primary election for Business Committee positions is required to be held on a Saturday at least sixty (60) calendar days prior to the election whenever there are three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the at-large council member positions. (a) The two (2) candidates receiving the highest number of votes cast for each officer position shall be placed on the ballot. (b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large council member positions shall be placed on the ballot. (c) Any position where a tie exists to determine the candidates to be placed on the ballot shall include all candidates where the tie exists. 102.12-2. Cancelation of a Primary Election. A primary election for Business Committee positions may be canceled in the following circumstances: (a) The Election Board shall cancel the primary election if the Business Committee positions did not draw the requisite number of candidates for a primary. (b) The Election Board may cancel the primary election when large gatherings of people present a substantial risk to the health and safety of the Nation’s citizens. (1) In the event the Election Board cancels the primary election, all candidates that are determined eligible according to section 102.5 and are not made ineligible under section 102.6-2 shall be placed on the ballot for the general election. 102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a winner in the primary, the Election Board shall declare the next highest primary vote recipient the primary winner. This procedure shall be repeated as necessary until the ballot is full or until there are no available candidates. If the ballot has already been printed, the procedures for notifying the Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to print a notice in the Nation’s newspaper if timelines allow. Section B. Special Elections 102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as defined in this law, may be placed on the same ballot as the subject matter of an election. 1 O.C. 102 – page 12 43 of 86 Public Packet 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business Committee as recommended by the Election Board or as ordered by the Judiciary in connection with an election challenge. 102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the Special Election. 102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided that no less than twenty-four (24) hours notice of the rescheduled election date is given to the voters, by posting notices in the prominent locations. Section C. Initiation of Special Elections 102.12-9. Special Elections may be initiated by a request or directive of the General Tribal Council or the Oneida Business Committee. 102.12-10. Special Election may be requested by a member of the Nation to the Business Committee or General Tribal Council. 102.12-11. All Special Elections shall follow rules established for all other elections. This includes positions for all Boards, Committees and Commissions. 102.13. Oneida Nation Constitution and By-law Amendments 102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition of qualified voters. The requirements for the Oneida Business Committee’s initiation of Constitutional amendments are as provided in the Constitution and as further detailed in the supporting standard operating procedures which the Oneida Business Committee shall adopt. Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting a petition to the Office of the Nation’s Secretary which includes the full text of the proposed amendments and signatures that are equal in number to at least ten percent (10%) of all members qualified to vote. (a) Qualified voters may request a petition form from the Office of the Nation’s Secretary. (b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall direct the Trust Enrollment Department to calculate the number of signatures currently required for a petition submittal, which shall be ten percent (10%) of all members qualified to vote on the date the petition form is requested from the Office of the Nation’s Secretary. When the Nation’s Secretary receives the calculation from the Trust Enrollment Department, the Nation’s Secretary shall provide the requester with the petition form and the number of signatures that are currently required. (c) Such petitions shall be circulated with all supporting materials and submitted a minimum of ninety (90) days prior to the election at which the proposed amendment is to be voted upon. If a petition includes supporting materials in addition to the petition form, each qualified voter signing the petition shall also acknowledge that the supporting materials were available for review at the time he or she signed the petition by initialing where required on the petition form. (d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment Department for verification of signatures and to the Election Board to provide notice that the petition may need to be placed on an upcoming ballot. 1 O.C. 102 – page 13 44 of 86 Public Packet 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 45 of 86 Draft 1 for Emergency OBC Consideration (Redline to Current) 2020 06 24 (e) If the petition is verified by the Trust Enrollment Department to contain signatures from at least ten percent (10%) of all qualified voters, the Election Board shall make an official announcement of the proposed amendments to the Oneida Nation Constitution at least sixty (60) days prior to the election at which the proposed amendments are to be voted on. 102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general election. Provided that, the Oneida Business Committee or General Tribal Council may order a special election be held to consider the proposed amendments. In such circumstances, the Election Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the next special election. 102.13-3. The Election Board shall publish any proposed amendments by publishing a sample ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. Copies of such publications shall be prominently posted in each polling place and at administrative offices of the Nation and shall also be published in official Oneida media outlets, which the Oneida Business Committee shall identify by resolution. For the purposes of this section, Oneida administrative offices means the location where the Oneida Business Committee conducts business. 102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a true and impartial statement and is written in such a manner that does not create prejudice for or against the proposed amendment. 102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that amendment shall become part of the Constitution and By-laws, and shall abrogate or amend existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission of the final election report. 102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the amendment receiving the highest affirmation vote prevails. End. Adopted - June 19, 1993 Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda) Presented for Adoption of 1997 Revisions - GTC-7-6-98-A Amended- October 11, 2008 (General Tribal Council Meeting) Amended-GTC-01-04-10-A Amended – BC-02-25-15-C Amended – GTC-04-23-17-A Emergency Amended – BC-03-17-20-B Emergency Amended – BC-05-13-20-H Emergency Amended – BC-__-__-__-__ 1 O.C. 102 – page 14 Public Packet 46 of 86 Draft 1 for Emergency OBC Consideration 2020 06 24 Title 1. Government and Finances - Chapter 102 Ona=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have ELECTION 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 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 Purpose and Policy Adoption, Amendment, Repeal Definitions Election Board Candidate Eligibility Selection of Candidates Notice of Polling Places 102.8. Registration of Voters 102.9. Election Process 102.10. Tabulating and Securing Ballots 102.11. Election Outcome and Ties 102.12. Elections 102.13. Oneida Nation Constitution and By-law Amendments 102.1. Purpose and Policy 102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of orderly elections of the Nation, including pre-election activities. Because of the desire for orderly and easily understood elections, there has not been an allowance made for write-in candidates on ballots. 102.1-2. This law defines the duties and responsibilities of the Election Board members and other persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all procedures used in the election process. 102.2. Adoption, Amendment, Repeal 102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and amended by resolutions GTC-01-04-10-A, BC-02-25-15-C, GTC-04-23-17-A, and emergency amended by resolutions BC-03-17-20-B, BC-05-13-20-H, and BC-__-__-__-__. 102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding amendments to this law and policies adopted regarding implementation of this law are to be presented to the Business Committee who shall then adopt or forward action(s) to the General Tribal Council for adoption. 102.2-3. 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. 102.2-4. 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. 102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 102.3. Definitions 102.3-1. 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. 102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on the Election Board during an election and until election results have been certified. 102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for acceptance on a ballot. 102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding holidays of the Nation. 102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to support or reject a particular candidate of the Nation including, without limitation, advertising, rallying, public speaking, or other communications with members of the Nation. 1 O.C. 102 – page 1 Public Packet 38 39 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 71 72 73 74 75 76 77 78 79 80 81 82 47 of 86 Draft 1 for Emergency OBC Consideration 2020 06 24 102.3-6. “Candidate” shall mean an applicant for an elected position whose name is placed on the ballot by the Election Board after successful application. 102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose of determining voter eligibility. 102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday. 102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political or otherwise, in which a Nation elected official, employee, consultant, appointed or elected, member of any board, committee or commission, or their immediate relatives, friends or associates, or any other person with whom they have contact, that conflicts with any right of the Nation to property, information, or any other right to own and operate its enterprises, free from undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in any law or policy of the Nation. 102.3-10. “Election” shall mean every primary and election. 102.3-11. “General election” shall mean the election held every three (3) years in July to elect the Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the Business Committee and may include contests for elected boards, committees and commissions positions. 102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of discrepancies, complaints and controversy regarding voter eligibility. 102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Nation. 102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the winner of an elected position, in the case of a tie between two (2) or more candidates. 102.3-15. “Nation” means the Oneida Nation. 102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by the Nation for the benefit of transmitting news to members of the Nation, which is designated by the Election Board as a source for election related news. 102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a police officer on any police force. 102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential dwelling or a privately owned business within the boundaries of the Reservation. 102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida Community Health Center, the SEOTS building and all One-Stop locations. 102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18) years of age or older. 102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating machine. 102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred and is not tabulated. 102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots. 102.4. Election Board 1 O.C. 102 – page 2 Public Packet 48 of 86 Draft 1 for Emergency OBC Consideration 2020 06 24 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Section A. Establishment, Composition and Election 102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this law and Article III, Sections 2 and 3 of the Oneida Nation Constitution. 102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be elected to terms of three (3) years, not to exceed two (2) consecutive terms. 102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an Election Board member in any pre-election, election day, or post-election activities while he or she is an applicant or candidate in any election or there is otherwise a conflict of interest. 102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member who is removed from the Election Board shall be ineligible to serve on the Board for three (3) years from the time he or she is removed from the Election Board. 102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed to correspond with the pre-election activities and the needs of the Election Board. 102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election. 102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the Election Board, as recommended by the Election Board, to assist with election day and preelection activities. 102.4-8. The Election Board shall choose a Cha [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%3Aabbbf36a3ba3a58f. Public record. Not legal advice.