ONEIDA LAND COMMISSION BYLAWS

ONEIDA LAND COMMISSION BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Land Commission, hereinafter

referred to as the “Commission.”

1-2.

Establishment. The Commission, originally named the Land Committee, was established

by the Oneida General Tribal Council on February 28, 1941, through

adoption of Ordinance No. 1 - Lands, and reestablished as the Oneida Land

Commission within the Real Property law that was adopted by the Oneida

Business Committee through resolution BC-5-29-96-A and amended from

time-to-time thereafter.

1-3.

Authority.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

The Commission was established for the purpose of managing the Nation’s

land resources, with authority to carry out all the powers and duties as

delegated under the following laws of the Nation:

The Real Property law;

The Leasing law;

The Building Code;

The Condominium Ordinance;

The Zoning and Shoreland Protection law;

The Eviction and Termination law;

The Landlord-Tenant law;

The Mortgage and Foreclosure law;

The Cemetery Law; and

All any other delegating law, policy, rule and/or resolution of the Nation.

1-4.

Office.

The official mailing address of the Commission shall be:

Oneida Land Commission

P.O. Box 365

Oneida, Wisconsin 54155

1-5.

Membership.

(a)

Number of Members. The Commission shall consist of seven (7)

Commissioners.

(b)

Elected. Commissioners shall be elected in accordance with the Nation’s

election laws and/or policies for three (3) year staggered terms with expiring

positions elected every year.

(1)

Commissioners shall hold office until their term expires, they resign,

or they are removed/terminated from office.

(A)

Although a Commissioner’s term has expired, he or she shall

remain in office and serve until a successor has been sworn

in by the Oneida Business Committee.

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(B)

(c)

(d)

1-6.

A Commissioner may resign at any time verbally at a

meeting or by delivering written notice to the Oneida

Business Committee Support Office and the Commission

Chairperson or Chairperson’s designee.

(i)

The resignation is deemed effective upon acceptance

by Commission motion of a Commissioner’s verbal

resignation or upon delivery of the written notices.

Vacancies. Vacancies on the Commission shall be filled as follows:

(1)

Expired Terms. Vacancies caused by the expiration of a

Commissioner’s term shall be filled by election in accordance with

the laws and/or policies of the Nation governing elections.

(2)

Unexpired Terms. Vacancies in unexpired terms shall be filled by

appointment by the Oneida Business Committee pursuant to the

Boards, Committees and Commissions law for the remainder of the

unexpired term.

(A)

The Chairperson of the Commission may provide the Oneida

Business Committee with recommendations, approved by a

majority vote of no less than a quorum of Commissioners,

on applications for appointment by the executive session in

which the appointment is intended to be made.

Qualifications of Commissioners. To qualify for membership on the

Commission, a person shall:

(1)

Be a member of the Oneida Nation;

(2)

Be a resident of Brown or Outagamie County;

(3)

Be at least eighteen (18) years of age or older; and

(4)

Not be employed within the Nation’s Audit Department, Finance

Department, Law Office or other department associated with items

(a) – (j) in section 1-3 of these bylaws; as a Division Director or

Area Manager for the Nation; or as an independent contractor for

Land Management or any other department of the Nation associated

with items (a) – (j) in section 1-3 of these bylaws.

Termination or Removal. A Commissioner found to be in violation of these bylaws, or any

other governing laws of the Nation, may be subject to the following:

(a)

If the Commissioner was elected, the Commission’s filing of a petition for

his or her removal pursuant to the Removal law and/or any other law of the

Nation governing the removal of elected officials.

(b)

If the Commissioner was appointed, the Commission’s recommendation to

the Oneida Business Committee for the termination of his or her

appointment pursuant to the Boards, Committees and Commissions law and

/or any other law of the Nation governing the termination of appointed

officials.

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(c)

1-7.

The filing of a petition for removal or submission of a recommendation for

termination shall be decided by a majority vote of the Commissioners in

attendance at a Commission meeting of an established quorum.

Trainings and Conferences. Each Commissioner shall attend, on an annual basis,

mandatory trainings/conferences on topics such as: land management; real

property; zoning; federal, state and/or Tribal real estate/property laws; land

use, development and acquisition; and Robert’s Rules of Order.

(a)

Regardless of the number of trainings/conferences that he or she is required

to attend, no Commissioner shall be eligible to receive stipends for

attending more than five (5) full days of mandatory trainings/conferences

per year.

Article II. Officers

2-1. Officers.

The Officers of the Commission shall consist of a Chairperson, a ViceChairperson and a Secretary.

2-2.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the

Chairperson shall be as follows:

(a)

To call and preside over all meetings of the Commission and provide notice

of emergency meetings in accordance with these bylaws and the Nation’s

Open Records and Open Meetings law;

(b)

To, personally or through a designee, submit quarterly reports to the Oneida

Business Committee and annual/semi-annual reports to the Oneida General

Tribal Council in accordance with the Boards, Committees and

Commissions law; and

(c)

To attend, or designate a Commissioner to attend, the Oneida Business

Committee meeting where the Commission’s quarterly report appears on

the agenda.

2-3.

Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the

Vice-Chairperson shall be as follows:

(a)

To preside over all meetings in the absence of the Chairperson.

2-4.

Responsibilities of the Secretary. The duties, responsibilities and limitations of the

Secretary shall be as follows:

(a)

To be responsible for keeping/taking the official minutes of all Commission

meetings, audio recording all meetings, submitting copies of the minutes to

the Oneida Business Committee Support Office in accordance with the

Boards, Committees and Commissions law; and making minutes available

to all Commissioners, as well as the public, per the requirements of these

bylaws and the Nation’s Open Records and Open Meetings law; and

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(b)

In the event that both the Chairperson and Vice-Chairperson positions

become vacant before the end of their terms, to call meetings of the

Commission to fill the vacancies and to preside over those meetings for the

sole purpose of selecting new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside.

2-5.

Selection of Officers. The Commission shall select its Officers by majority vote at the first

regular meeting of an established quorum following the newly elected

Commissioners being sworn in.

(a)

Officers shall serve one (1) year terms and shall only hold one (1) Officer

position per Officer term.

(1)

If a vacancy occurs in an Officer position, the Commission shall

make a replacement appointment at the first regular meeting

following the vacancy, to serve the remainder of the vacated

Officer’s term.

(b)

Commissioners may be dismissed from their Officer positions by majority

vote of the Commissioners in attendance at a meeting of an established

quorum.

2-6.

Subcommittees. Subcommittees of the Commission may be created and dissolved by the

Commission as it deems necessary so long as in accordance with the Boards,

Committees and Commissions law.

(a)

Members of a subcommittee created by the Commission shall not be eligible

for stipends unless a specific exception is made by the Oneida Business

Committee or the Oneida General Tribal Council.

2-7.

Budgetary Sign-Off Authority and Travel. The Commission shall follow the Nation’s

policies and procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority for the Commission shall be as set

forth in the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing

Policies and Procedures, for Area Directors/Enterprise Directors.

(1)

All Officers of the Commission have sign-off authority and two (2)

Officers shall be required to sign-off on all budgetary requests,

except as follows:

(A)

The Oneida Business Committee Support Office shall have

sign-off authority over requests for stipends, travel per diem

and business expense reimbursement.

(b)

The Commission shall approve a Commissioner’s request to travel on its

behalf by a majority vote of the Commissioners in attendance at a regular

or emergency meeting of an established quorum.

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2-8.

Personnel.

The Oneida Land Commission does not have authority to hire personnel for

the benefit of the entity.

Article III. Meetings

3-1. Regular Meetings. The Commission shall meet the second and fourth Monday of every

month, commencing at 5:00 p.m., in the Little Bear Conference Room

located at N7332 Water Circle Place in Oneida, Wisconsin. The time and

place for the meetings shall be established by the Commission.

(a)

The second Monday of each month shall be devoted to leasing,

departmental issues and concerns, and other comments and concerns

pertaining to land issues. The fourth Monday of each month shall be devoted

to the acquisition of land and consideration of purchase proposals and other

comments and concerns pertaining to land issues.

(b)

The Commission may change its regular meeting date, time and location

from time-to-time as it determines necessary by majority vote of the

Commissioners in attendance at a meeting of an established quorum so long

as notice is given to all Commissioners in writing and, along with the public,

in accordance with the Nation’s Open Records and Open Meetings law,

prior to the implementation of a new date, time and/or location.

(c)

Notice of meeting location, agenda, minutes and materials shall be provided

by the Oneida Business Committee Support Office to all Commissioner in

writing and, along with the public, in accordance with the Nation’s Open

Records and Open Meetings law.

(d)

Cancelled meeting process shall follow the Standard Operating Procedures

established between the Land Commission and the appropriate

administrative support.

3-2.

Emergency Meetings. An emergency meeting may be called when a timely decision related

to any of the Commission’s powers or duties is needed before the next

regularly scheduled Commission meeting that if not made in a timely

manner may be detrimental to the membership or the Nation.

(a)

Emergency meetings may be called by the Chairperson or by three (3)

Commissioners at any time.

(b)

The Chairperson or Chairperson’s designee shall provide at least twentyfour (24) hours advance notice of the emergency meeting to all

Commissioners in writing and by telephone call, stating the specific purpose

for the meeting, and, along with the public, shall further provide them with

notice in accordance with the Open Records and Open Meetings law.

(c)

Within seventy-two (72) hours of an emergency meeting, the Commission

shall provide the Nation’s Secretary with notice of the emergency meeting,

the reason for the emergency meeting, and an explanation as to why the

matter could not wait until the next regular meeting.

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3-3.

Joint Meetings. Joint meetings between the Commission and the Oneida Business

Committee shall be held as agreed upon between the parties at the Norbert

Hill Center located in Oneida, Wisconsin.

(a)

Notice of the joint meeting agendas, documents and minutes shall be

provided, and the joint meetings conducted, in accordance with resolution

BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with

the Boards, Committees and Commissions – Definitions and Impact, as may

be amended from time-to-time hereafter.

3-4.

Quorum.

3-5.

Order of Business. The order of business, so far as applicable, shall be:

(a)

Call to order

(b)

Adoption of Agenda

(c)

Reading of Minutes

(d)

Old Business

(e)

New Business

(f)

Reports

(g)

Other Business

(h)

Executive Session

(i)

Adjournment

3-6.

Voting.

(a)

(b)

A quorum is required to conduct business on behalf of the Commission and

shall consist of no less than four (4) Commissioners, one (1) of which shall

include the Chairperson, Vice-Chairperson or Secretary; provided, the

Secretary is presiding over the meeting in accordance with section 2-4(b) of

these bylaws.

Decisions shall be by majority vote of the Commissioners in attendance at

a meeting of an established quorum, with each Commissioner having one

(1) vote.

The Chairperson or presiding Officer shall not vote except to resolve a tie.

E-polls may be conducted in accordance with the Boards, Committees and

Commissions law so long as the item subject to the e-poll had previously

been on a meeting agenda.

(1)

The Vice-Chairperson, in the absence or discretion of the Chairperson, shall be responsible for conducting e-polls.

Article IV. Expectations

4-1. Behavior of Commissioners. Commissioners are expected to:

(a)

Uphold the laws, regulations, policies of the Nation, and any memorandums

of agreement between the Oneida Business Committee and the

Commission;

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(b)

(c)

(d)

(e)

(f)

(g)

4-2.

Perform their duties to the best of their ability with honor, respect, dignity,

and sincerity;

Behave in a manner that promotes the highest ethical and moral standard

and be knowledgeable about, and conform to the Code of Ethics;

Maintain confidential information with the strictest confidentiality;

Ensure that all decisions and recommendations are made in the best interest

of the Oneida Nation as a whole; and

Attend all regularly scheduled Commission meetings.

(1)

Unless medically incapacitated, four (4) unexcused absences from

regularly scheduled meetings of the Commission within a one (1)

year period may be grounds for removal/termination or disciplinary

action hereunder.

(A)

An absence shall be deemed unexcused if a Commissioner

fails to provide an Officer with written notice of his or her

pending absence at least thirty (30) minutes prior to the

missed meeting.

(2)

Failure to attend fifty percent (50%) of the Commission’s regular

scheduled meetings within a twelve (12) month period for any

reason may be grounds for removal/termination or disciplinary

action hereunder.

Enforcement. Any Commissioner found to be in violation of this or any

section of these bylaws may be subject to the following:

(1)

Sanctions and penalties in accordance with any laws or policies of

the Nation governing sanctions and/or penalties for officials.

(2)

If the Commissioner was elected, the Commission’s filing of a

petition for his or her removal pursuant to the Removal law and/or

any other laws or policies of the Nation governing the removal of

elected officials.

(3)

If the Commissioner was appointed, the Commission’s

recommendation to the Oneida Business Committee for termination

of his or her appointment pursuant to the Boards, Committees and

Commissions law and/or any other laws or policies of the Nation

governing the termination of appointed officials.

(A)

The filing of a petition for removal or recommendation for

termination shall be decided by a majority vote of the

Commissioners in attendance at a meeting of an established

quorum.

Prohibition of Violence. Commissioners are strictly prohibited from committing

intentionally violent acts that inflict, attempt to inflict, or threaten to inflict

emotional or bodily harm on another person, or damage to personal

property.

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4-3.

Drug and Alcohol Use. The use of alcohol and illegal drugs by a Commissioner while

performing official responsibilities on behalf of the Commission is strictly

forbidden.

4-4.

Social Media. Commissioners shall adhere to the Oneida Nation’s Social Media Policy

and their oath of office when using social media while acting on behalf of

or as a representative of the Commission.

4-5.

Conflict of Interest. Commissioners shall abide by all laws of the Nation governing

conflicts of interest.

(a)

Commissioners shall be knowledgeable about and conform to the Conflict

of Interest law.

Article V. Stipends and Compensation

5-1. Stipends.

Commissioners shall be eligible for the following stipends as set forth in

and subject to these bylaws; the Boards, Committees and Commissions law;

and resolution BC-05-08-19-B titled, Amending Resolution BC-09-26-18D Boards, Committees and Commissions Law Stipends, as may be further

amended from time-to-time hereafter:

(a)

Two (2) meeting stipends per month, provided that:

(1)

A quorum was established;

(2)

The meeting of the established quorum lasted for at least one (1)

hour; and

(3)

The Commissioner collecting the stipend was physically present for

the entire meeting.

(b)

A stipend for attending a conference or training, provided that:

(1)

The Commissioner attended a full day of training or was present at

the conference for a full day; and

(2)

The Commissioner’s attendance at the conference or training was

required by law, bylaws or resolution.

(c)

A stipend for attending a Judiciary hearing so long as the attendance was

required by official subpoena.

(d)

A stipend for attending a duly called joint meeting between the Commission

and the Oneida Business Committee, provided that:

(1)

A quorum was established by the Commission;

(2)

The joint meeting lasted for at least one (1) hour; and

(3)

The Commissioner collecting the stipend was physically present for

the entire joint meeting.

(e)

A stipend for attending an official hearing of the Commission.

(1)

Commissioners shall rotate their attendance at official hearings of

the Commission that are mandated by the Nation’s governing laws.

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5-2.

Compensation. Besides travel, per diem and business expense reimbursement authorized

by the Boards, Committees and Commissions law, Commissioners shall not

be eligible for any other form of compensation for duties/activities they

perform on behalf of the Commission.

Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be maintained in a format developed by the Oneida

Business Committee Support Office.

(a)

Each agenda item must include an agenda request form with all necessary

documentation for that item.

(b)

Each agenda item must have a sponsor with the Oneida Business Committee

Support Office serving as the default sponsor.

(c)

All internal agenda requests must be signed by the appropriate Division

Director and have a representative present at the meeting.

(d)

Items to be on the agenda shall be provided at least twenty-four (24) hours

before the meeting.

(1)

Items provided less than twenty-four (24) hours before the meeting

shall not be accepted, unless approved by a majority vote of the

Commissioners in attendance at a meeting of an established quorum.

(e)

Executive Session items shall only be provided to the Commissioners and

must be marked as confidential.

(f)

Revised agenda packets will be created and kept in a shared file. A revised

agenda packet shall be created anytime there are additional items added to

the agenda.

6-2.

Minutes.

(a)

(b)

(c)

6-3.

Minutes shall be prepared in a format created by the Oneida Business

Committee Support Office to generate the most informative record of the

meeting.

Minutes shall contain, verbatim, the motions made during the meeting and

a summary of the action taken at the meeting if needed to complete the

record.

Meeting minutes may contain case numbers or redacted information when

necessary to protect personal or other confidential matters in compliance

with the Open Records and Open Meetings law.

Copies of the Commission’s meeting minutes shall be provided to the

Oneida Business Committee Support Office within thirty (30) days of the

meeting.

Attachments. All handouts, reports, memorandum and the like shall be labeled

appropriately; attached to the meeting minutes and agenda in which they

were presented; and maintained in a shared file with the Oneida Business

Committee Support Office.

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6-4.

Oneida Business Committee Liaison. The Commission shall regularly communicate with

the member of the Oneida Business Committee who is its designated

liaison.

(a)

The frequency and method of communication shall be as agreed upon by

the Commission and the liaison, but not less than that required in any law

or policy on reporting developed by the Oneida Business Committee or the

Oneida General Tribal Council.

6-5.

Audio Recordings. All open session portions of meetings shall be audio recorded by the

Secretary or Secretary’s designee, with a device provided or approved by

the Oneida Business Committee Support Office and sent to the Oneida

Business Committee Support Office to maintain in accordance with the

Nation’s Open Records and Open Meetings law.

(a)

Exception. Audio recordings of executive session portions of a Commission

meeting shall not be recorded.

Article VII. Amendments

7-1. Amendments. Upon written notice, the Commission may propose amendments to these

bylaws for consideration at any regular meeting.

(a)

The Commission may only adopt amendments revising, adding to or

repealing any or all of the foregoing bylaws at a subsequent meeting.

(1)

Any amendments to these bylaws shall conform to the requirements

of the Boards, Committees and Commissions law and any other

policy of the Nation.

(2)

Such amendments shall thereafter be submitted for review by the

Legislative Operating Committee and final approval by the Oneida

Business Committee before implementation.

(b)

The Commission shall review these bylaws at the first meeting following

the election of Officers to the Commission, but no less than on an annual

basis.

These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee

at a duly called meeting held on October 9, 2019, by the Secretary of the Oneida Business

Committee’s signature.

Lisa Summers, Secretary

Oneida Business Committee

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