# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aada9491fbc88c0b5

## Record

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

## Text

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE SPECIAL MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
January 7, 2019 1:00 p.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

III.

Current Business
1. Sanctions and Penalties Law (pg. 2)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

Legislative Operating Committee
January 7, 2019

Sanctions and Penalties Law
Submission Date: 9/6/17
LOC Sponsor: Jennifer Webster

Public Meeting: 10/4/18
Emergency Enacted: n/a

Summary:

This item was carried over from the previous term. The original proposal was to
develop a consistent process that would provide for members of the Oneida Business Committee and
other Boards, Committees and Commissions to face sanctions for misconduct. Currently, the only
penalty that OBC members may be subject to, is removal from office – meaning that less serious
misconduct would either go unpunished or would result in a penalty that might be considered too
extreme for a particular violation.
9/6/17 LOC:

Motion by Ernest Stevens III to add Sanctions and Penalties Law to the active files list with
Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion carried
unanimously.

9/6/17:

Work Meeting. Present: David P. Jordan, Jenny Webster Ernest Stevens III, Jennifer Falck,
Clorissa Santiago, Candice Skenandore, Maureen Perkins, Tani Thurner. Drafting attorney
provided an update on the status of the Sanctions and Penalties law. Next steps will be: 1)
pull the current draft back, 2) hold community meetings to understand what
sanctions/penalties the community is interested in, 3) meeting with the
boards/committees/commissions for input, and 4) holding work meeting with LOC to make
policy decisions and choose next steps.

11/1/17 LOC: Motion by Kirby Metoxen to approve the 60 day active files list update and continue
development of all the items on the active files list; seconded by Ernie Stevens III. Motion
carried unanimously.
11/1/17:

Work Meeting. Present: Carol Silva, Bonnie Pigman, Ed Delgado, Rachel Hill, Matthew
Denny, Reynold Danforth, Kirby Metoxen, Rosa Laster, Clorissa Santiago, Candice
Skenandore, Maureen Perkins, Jennifer Falck. Representatives from all the B/C/C’s were
invited to this meeting to provide input on what a Sanctions & Penalties Law might look like.

12/6/17:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens
III, Daniel Guzman King, Clorissa Santiago, Jennifer Falck. The LOC reviewed and
considered comments from the November 1, 2017, work meeting with boards, committees,
and commissions. LOC began making policy decisions. Drafter will work on draft, and policy
options, and bring materials back to LOC when ready.

3/9/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Clorissa
Santiago, Brandon Wisneski, Rosa Laster, Laura Laitinen-Warren. LOC reviewed the first
draft of the law, and directed that the LRO schedule a community meeting, with a special
invitation to members of boards, committees, and commissions, to discuss the proposed law.

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3/16/18:

Work Meeting: Present: David P. Jordan, Jennifer Webster, Daniel Guzman, Ernest Stevens
III, Clorissa Santiago, Brandon Wisneski, Cathy Bachhuber, Rosa Laster. The LOC reviewed
the potential date for the community meeting, and directed the drafting attorney to schedule
the community meeting for May 3, 2018, and to ensure the notice is published in the
Kalihwisaks twice, an appointment is sent to all members of the LOC and boards,
committees, and commissions, and that the Communications Department is included in the
appointment so they can make efforts to communicate notice of the event.

4/2/18 LOC:

Motion by Jennifer Webster to accept the draft of the Sanctions and Penalties law and direct
that a community meeting/potluck be held on May 3, 2018; seconded by Daniel Guzman
King. Motion carried unanimously.

4/26/18:

Work Meeting: Present: Clorissa Santiago, Brandon Wisneski, Jennifer Falck. This was an
LRO prep meeting to prepare a plan for the upcoming community meeting.

4/27/18:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Daniel Guzman
King, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Rosa Laster, Cathy Bachhuber,
Tani Thurner. The purpose of this work meeting was to prepare for the upcoming community
meeting.

5/2/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Jennifer Falck, David P.
Jordan, Jennifer Webster. The LOC continued to prepare and discuss the upcoming
community meeting.

5/3/18:

Community Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest
Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Maureen Perkins, Carol
Silva, Chad Wilson, Janice McLester, Gina Buenrostro, Winnifred Thomas, Brooke Doxtator,
Ed Delgado, Oyanolu Adams, Michelle Braaten, Mark Powless, Cathy L. Metoxen, Carole
Liggins, Madelyn Genskow. The purpose of this community meeting was to gain input on the
proposed Sanctions and Penalties law.

5/11/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens
III, Daniel Guzman, Clorissa Santiago, Brandon Wisneski, Jennifer Falck. The purpose of
this work meeting was to review the comments received during the community meeting, and
to determine if any revisions should be made to the law. The drafting attorney will update the
draft of the law based on this discussion.

5/16/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Kirby
Metoxen, Ernest Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Laura
Laitinen-Warren. The purpose of this work meeting was to review and discuss the revisions
to the draft made based on comments collected from the community meeting. Drafting
attorney will update the draft.

6/6/18/ LOC: Motion by Jennifer Webster to accept the draft of the Sanctions and Penalties law and direct
that a legislative analysis be completed; seconded by Ernest Stevens III. Motion carried
unanimously.
7/9/18:

Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Brooke Doxtator. The purpose
of this work meeting was to review the BCSO’s involvement in the Sanctions and Penalties
law to ensure their role can be implemented as required by law.

7/18/18 LOC: Motion by Kirby Metoxen to accept the legislative analysis for the Sanctions and Penalties
Law and defer to a work meeting; seconded by Daniel Guzman King. Motion carried
unanimously.
8/1/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens
III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Kristen Hooker. The purpose of this
work meeting was to review and consider the legislative analysis.

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8/15/18 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Sanctions
and Penalties Law to a public meeting to be held on September 20, 2018; seconded by Kirby
Metoxen. Motion carried unanimously.
Subsequent Motion by Jennifer Webster to forward the Sanctions & Penalties Law to the
Finance Office for a fiscal analysis to be completed; seconded by Kirby Metoxen. Motion
carried unanimously.
9/10/18:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Jennifer Falck, Clorissa
Santiago, Brandon Wisneski, Kristen Hooker, Cathy Bachhuber, Maureen Perkins. The
purpose of this work meeting was to discuss the fact that the September 20, 2018 public
meeting on the proposed law will have to be canceled due to the Kalihwisaks failing to
publish the public meeting notice in the September 6, 2018, edition. The LOC determined the
next steps for moving the public meeting forward – an e-poll of an updated public meeting
notice will be completed and the appointment that was sent out changed to reflect the new
date.
E-poll conducted.

9/19/18 LOC: Motion by Daniel Guzman King to enter the e-poll results into the record; seconded by
Jennifer Webster. Motion carried unanimously.
10/4/18:

Public Meeting Held.

10/17/18 LOC: Motion by Jennifer Webster to accept the public meeting memo comments and public
meeting comment review memorandum and defer to a work meeting; seconded by Daniel
Guzman King. Motion carried unanimously.
10/17/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman, Ernest Stevens
III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker, Rosa Laster.
The purpose of this work meeting was for the LOC to begin reviewing and considering the
public comments that were received, and to make determinations on what revisions to the
Law are necessary.

10/25/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens
III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Kristen Hooker. The purpose of
this work meeting was for the LOC to continue reviewing and considering the public
comments that were received, and to make determinations on what revisions to the Law are
necessary. LRO will update the draft for the next LOC packet so a fiscal analysis can be
requested.

11/7/18 LOC: Motion by Jennifer Webster to accept the public comment review memorandum and the
updated draft; seconded by Daniel Guzman King. Motion carried unanimously.
11/30/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman,
Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review
and approve the fiscal impact statement request memorandum to the Finance Department,
and begin discussing a plan for the completion of this item.

12/5/18 LOC: Motion by Jennifer Webster to accept the updated legislative analysis, including the
replacement of page 159 in the packet; seconded by Kirby Metoxen. Motion carried
unanimously.
Motion by Kirby Metoxen to approve the fiscal impact statement memorandum and forward
to the Finance Department directing that a fiscal impact statement of the proposed Sanctions
and Penalties law be prepared for inclusion on the January 2, 2019 Legislative Operating
Committee meeting agenda; seconded by Daniel Guzman King. Motion carried
unanimously.

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12/20/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Randall Cornelius. The
purpose of this work meeting was to discuss traditional ways Oneida has sanctioned its
leaders.

1/2/19:

Work Meeting. Present: Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel
Guzman, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work
meeting was to review the adoption packet and discuss any changes that should be made.
LRO will update all adoption materials.

Next Steps:
▪ Approve the adoption packet for the proposed Sanctions and Penalties law and forward to the
Oneida Business Committee for inclusion on the tentatively scheduled February 24, 2019,
General Tribal Council meeting agenda for General Tribal Council’s consideration of adoption.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee

ONEIDA

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

TO:
FROM:
DATE:
RE:

General Tribal Council
David P. Jordan, Legislative Operating Committee Chairperson
February 24, 2019
Sanctions and Penalties Law

Please find the following attached backup documentation for your consideration of the Sanctions
and Penalties law:
1.
2.
3.
4.
5.
6.

Resolution: Sanctions and Penalties Law
Statement of Effect: Sanctions and Penalties Law
Sanctions and Penalties Law Legislative Analysis
Sanctions and Penalties Law
Sanctions and Penalties Law Fiscal Impact Statement
Sanctions and Penalties Law PowerPoint Presentation Slides

Overview
If an elected or appointed official of the Nation engages in misconduct while in office the only
remedy available to hold the official accountable is to remove that official from his or her position.
The removal of an elected official is required to follow the process contained in the Nation's
Removal law, which includes a petition, a preliminary review and hearing by the Nation's
Judiciary, and ultimately a determination by General Tribal Council. [I 0. C. I 04]. The removal
of an appointed official is governed by the Boards, Committees, and Commissions law which
provides that the Oneida Business Committee can terminate the appointment of an official with a
two-thirds (2/3) majority vote. [I O.C. 105. 7-4].
Other than removal or termination of appointment, the Nation does not currently have a formal
process to issue warnings, reprimands, or corrective actions against elected and appointed officials.
The Legislative Operating Committee recognizes that not all instances of misconduct by an elected
or appointed official may rise to the level of removal or termination of appointment. The
Legislative Operating Committee also determined that a more effective government can be
obtained if officials are provided the opp01tunity to take accountability for their actions and correct
the behavior that resulted in misconduct, which may result in the individual becoming a better
official.
Providing an elected or appointed official the opp01tunity to correct misconduct and improve
behavior aligns with traditional Oneida ways. The Legislative Operating Committee learned
through discussions with the Cultural Heritage Department that in the past a chief would be
provided three (3) warnings in hope of improving the chiefs behavior before the chief was
dehorned or removed from his position of prominence. The focus of .the warnings before the
removal of the official was to provide an opp01tunity for corrective action to be taken that had the
potential to result in a better official before removal of that official was sought. The Legislative
Operating Committee is seeking the adoption of this Sanctions and Penalties law in an effo1t to

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Cl Atatlihwa>thlew@htu Kayanl^sla

Giving strength to the issues
120.1.
120.2.
120.3.
120.4.
120.5.
120.6.

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and

Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Misconduct.
Filing of a Complaint
Complaint Alleged Against an Appointed Official

Forgiving oneself for the issue at hand

Laws

120.7. Complaint Alleged Against an Elected Official
120.8. Sanctions and Penalties
120.9. Effect of Resignation by an Official
120.10. Record of Conduct in Office

120.1. Purpose and Policy
120.1-1. Purpose. The purpose of this law is to establish a consistent set of sanctions and penalties
that may be imposed upon elected and appointed officials of the Nation for misconduct in office
for the purpose of providing an opportunity for the official to take corrective action to address the
misconduct and promote accountability and improved performance of the official.
(a) This law applies to members of the Oneida Business Committee.
(b) This law does not apply to judges of the Oneida Nation Judiciary.
(c) This law does not apply to members of corporate entities of the Nation.
120.1-2. Policy. It is the policy of the Nation to ensure that elected and appointed officials who
commit misconduct while in office be subject to appropriate sanctions and penalties; and to ensure
that there is a fair process in place that enables officials to fairly respond to allegations of
misconduct.
120.1-3. It is the intent of the Nation that all elected and appointed officials strive to exhibit and
uphold the Nation’s core values of The Good Mind as expressed by Ona=ka, which includes:
(a) Kahletsyal&sla. The heart felt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
120.2. Adoption, Amendment, Repeal
120.2-1. This law was adopted by the General Tribal Council by resolution GTC-__-__-__-__.
120.2-2. This law may be amended or repealed by the General Tribal Council pursuant to the
procedures set out in the Legislative Procedures Act.
120.2-3. 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.
120.2-4. 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.
120.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1. O.C. 120 – Page 1

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120.3. Definitions
120.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Affirmative defense” means a fact or set of facts other than those alleged by the
complainant which, if proven by the official, defeats or mitigates the consequences of the
official's otherwise unlawful conduct.
(b) “Answer” means a formal written statement addressing the dispute on the merits
and presents any defenses and counterclaims.
(c) “Business Committee Support Office” means the office that provides administrative
support for the Oneida Business Committee and various other governmental operations.
(d) “Business day” means Monday through Friday 8:00 a.m. – 4:30 p.m., excluding
holidays recognized by the Nation.
(e) “Clear and convincing evidence” means that it is substantially more likely than not that
the facts presented are true.
(f) “Complainant” means an individual who has made a complaint.
(g) “Constitution” means the Constitution and By-Laws of the Oneida Nation.
(h) “Court of Appeals” means the Court of Appeals of the Oneida Nation Judiciary.
(i) “Entity” means a board, committee, commission, office, unincorporated agency, or
other group of the Nation an individual may be appointed or elected to serve a position on,
including the Oneida Business Committee.
(j) “Frivolous” means a complaint without any reasonable basis or merit, that cannot be
supported by a good faith argument. Most often frivolous complaints are intended to
merely harass, delay, or embarrass the opposition.
(k) “Misconduct” means wrongful, improper or unlawful conduct or behavior.
(l) “Nation” means the Oneida Nation.
(m) “Official” means any person who is elected or appointed to serve a position for the
Nation, including, but not limited to, a position on a board, committee, commission, or
office of the Nation, including the Oneida Business Committee.
(n) “Restitution” means compensation to an individual or entity for an injury, damage or
loss.
(o) “Stipend” means the amount paid by the Oneida Nation to individuals serving on
boards, committees and commissions of the Nation to offset the expenses of being a
member on the board, committee or commission.
(p) “Substantiate” means to find that the complaint or allegation in the complaint is valid
because there is clear and convincing evidence.
(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
120.4. Misconduct
120.4-1. It shall be the obligation of every official to behave in a manner that promotes the highest
ethical and moral standard. High moral and ethical standards amongst officials of the Nation is
essential to the conduct of government.
120.4-2. An official may be subject to sanctions and penalties for behaving in a manner which
constitutes misconduct. Misconduct includes:
(a) a violation of the Constitution or any of the Nation’s laws, policies, or rules;
(b) a violation of the bylaws, standard operating procedures or other internal operating
documents that govern the entity upon which the official serves;
1. O.C. 120 – Page 2

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(c) a conviction of a felony, or any crime in any jurisdiction that would be classified as a
felony under federal law or Wisconsin law; and
(d) any other activity that is incompatible with the high moral and ethical standards that
are expected of the Nation’s officials.
120.5. Filing of a Complaint
120.5-1. Who May File. Any individual at least eighteen (18) years of age or older, or entity, who
in good faith, has knowledge or reason to believe that an official has committed misconduct, may
file a written complaint.
120.5-2. When to File. A complaint may be filed as long as the alleged misconduct has occurred,
or was discovered to have occurred, within the previous ninety (90) days.
120.5-3. Contents of the Complaint. The complaint alleging misconduct by an official shall
include the following information:
(a) The name(s) of the official alleged to have committed the misconduct;
(b) The entity or entities upon which the official serves;
(c) The specific date(s), time(s), and location(s) of the alleged misconduct;
(d) The specific details of the official’s misconduct;
(e) The specific provision of law, policy, rule, or bylaw of the Nation allegedly violated
by the official;
(f) Names of any witnesses of the alleged misconduct, or individuals who may have
knowledge pertinent to the alleged misconduct;
(g) The contact information for the person filing the complaint, which at minimum shall
include the person’s name, address, and telephone number;
(h) A notarized sworn statement attesting that the information provided in and with the
complaint is true, accurate, and complete to the best of the complainant’s knowledge;
(i) Any supporting documentation; and
(j) Any other information required by the Nation’s Rules of Civil Procedure if the
complaint is alleging misconduct of an elected official.
120.5-4. Where to File.
(a) Appointed Official. Complaints against an appointed official shall be filed with the
Business Committee Support Office.
(b) Elected Official. Complaints against an elected official shall be filed with the Nation’s
Trial Court.
120.5-5. Retaliation Prohibited. Retaliation against any individual who makes a complaint or party
or witness to a complaint is prohibited. This protection shall also be afforded to any person offering
testimony or evidence or complying with directives authorized under this law. Retaliation shall
include any form of adverse or punitive action by or caused by, any official.
(a) If an individual alleges that retaliatory action has been threatened or taken based on the
individual’s complaint, or cooperation with directives authorized under this law, the
individual may file a complaint for the retaliatory action in accordance with section 120.5
of this law.
120.5-6. Any official who is the subject of a complaint has the right to be represented by an
attorney or advocate, at his or her own expense, for any actions or proceedings related to the
complaint.
120.5-7. Confidentiality. All complaints alleged against an official of the Nation shall be handled
in a confidential manner.
1. O.C. 120 – Page 3

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(a) All hearings and/or proceedings related to a complaint shall be closed to the general
public.
(b) All records of hearings and/or proceedings shall not be subject to public review or
inspection. An official’s record of conduct shall only be made available for review to the
Oneida Business Committee and the Trial Court.
(c) Exception. A decision of the Trial Court or the Oneida Business Committee regarding
a complaint alleged against an official, and any sanctions and/or penalties that are imposed
against an official, shall be public information.
120.6. Complaints Alleged Against an Appointed Official
120.6-1. Due to the fact that an appointed official serves at the discretion of the Oneida Business
Committee, all complaints alleged against an appointed official shall be handled by the Oneida
Business Committee.
120.6-2. Receipt of Complaint. Upon receiving a complaint, the Business Committee Support
Office shall:
(a) immediately forward copies of the complaint, including any supporting documentation,
to:
(1) all members of the Oneida Business Committee for review; and
(2) the individual who is the subject of the complaint.
(b) place the complaint on the executive session portion of the agenda of a regular or
special meeting of the Oneida Business Committee for an initial review which shall occur
within thirty (30) business days after the initial receipt of a complaint.
120.6-3. Mediation. The complainant or the official who is the subject of the complaint shall have
up to five (5) business days after the initial receipt of the complaint to contact the Business
Committee Support Office and request mediation.
(a) If both the complainant and the official who is the subject of the complaint agree to
mediation, then the Business Committee Support Office shall schedule a mediation
between the parties. The intent of this mediation meeting is to resolve the complaint prior
to commencing an initial review.
(b) The Business Committee Support Office shall utilize a trained mediator to facilitate
the mediation meeting. Every mediator shall have at least twenty-five (25) hours of
mediation training or at least three (3) years of experience in dispute resolution.
(c) The mediation shall occur before the investigatory hearing is scheduled to take place.
(d) If a resolution is reached during mediation, the Oneida Business Committee shall be
informed of the resolution before the initial review and the complaint shall be formally
dismissed during the initial review.
(e) If the matter is not resolved through mediation, the initial review shall occur as
prescribed by this law.
120.6-4. Answer to the Complaint. The individual who is the subject of the complaint shall have
ten (10) business days after receiving his or her copy of the complaint, to submit to the Business
Committee Support Office a written answer setting forth any admission, denial, affirmative
defense, or other relevant information upon which the official intends to rely during proceedings
related to the complaint.
(a) The Business Committee Support Office shall immediately forward the answer and
any supporting documentation to all members of the Oneida Business Committee upon
receipt from the individual who is the subject of the complaint.
1. O.C. 120 – Page 4

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120.6-5. Conflict of Interest. An Oneida Business Committee member that has a conflict of
interest in a complaint brought before the Oneida Business Committee, shall immediately recuse
himself or herself and shall not participate in any portion of the complaint process.
(a) Failure of an Oneida Business Committee member to recuse themselves due to a
conflict of interest shall constitute grounds for sanctions and/or penalties.
120.6-6. Initial Review. The Oneida Business Committee shall perform an initial review of an
allegation of misconduct on the part of an official. The purpose of the initial review shall be to
determine whether the allegation made within the complaint has merit.
(a) During the initial review the Oneida Business Committee shall review the complaint
and the written answer; as well as any supporting documentation.
(b) In order to determine if a complaint has merit, the Oneida Business Committee will
discuss if whether assuming the facts alleged are true, said facts would support a
determination of misconduct.
(c) The Oneida Business Committee shall determine, by majority vote, whether the
complaint has merit.
(1) Upon a finding that the complaint has merit, the Oneida Business Committee
shall schedule an investigatory hearing to consider the specific allegations
identified in the complaint.
(A) The investigatory hearing shall occur within thirty (30) business days
after the initial review has concluded and shall take place during the
executive session portion of the agenda of a regular or special meeting of
the Oneida Business Committee.
(2) Upon finding that a complaint has no merit, the Oneida Business Committee
shall dismiss the complaint. The Oneida Business Committee shall send notice that
the complaint was dismissed to the complainant and the official who is the subject
of the complaint within five (5) business days.
(A) If the Oneida Business Committee dismisses the complaint based on a
determination that the complaint was frivolous, false, or made with a
malicious intent, the complainant may be subject to:
(i) a fine not to exceed five hundred dollars ($500);
(ii) prohibition from filing another complaint for a period of time
not to exceed one (1) year; and/or
(iii) a civil suit in the Nation’s Trial Court brought by the official
accused by the frivolous, false or malicious allegation.
120.6-7. Notice of the Investigatory Hearing. The Business Committee Support Office shall
provide the complainant, the official who is the subject of the complaint, and any other individual
compelled to attend the hearing with written notice of the date and the time of the investigatory
hearing at least ten (10) business days before the investigatory hearing.
120.6-8. Investigatory Hearing. The purpose of the investigatory hearing is for the Oneida
Business Committee to determine if there is enough evidence to substantiate the allegations of
misconduct by clear and convincing evidence.
(a) When conducting an investigatory hearing, the Oneida Business Committee shall have
the broadest grant of authority to compel any person or organization within the Nation to:
(1) appear at the hearing to provide testimony under oath and/or information
relevant to the allegations against the official; and/or
(2) produce physical evidence that is relevant to the allegations.
1. O.C. 120 – Page 5

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(b) The Oneida Business Committee shall provide an opportunity for the official who is
the subject of the complaint to answer all allegations and to provide witness testimony,
documents, and other evidence on his or her own behalf.
(c) The Oneida Business Committee shall also provide the complainant the opportunity to
answer questions, provide witness testimony or additional information, and/or to otherwise
speak on his or her own behalf.
(d) The hearing shall be informal and conducted as the interests of justice so require, and
shall be recorded by the Business Committee Support Office.
120.6-9. Deliberation of the Oneida Business Committee. At the conclusion of the investigatory
hearing, the Oneida Business Committee shall excuse everyone from executive session for the
deliberation of the Oneida Business Committee. Prior to making a final determination as to
whether to substantiate the complaint, the Oneida Business Committee shall:
(a) consider all evidence and information provided, and shall have a full and complete
discussion of all aspects of the complaint and answer; and
(b) have a full and complete discussion of all potential sanctions and penalties that may be
imposed, if appropriate.
120.6-10. Determination by the Oneida Business Committee. After the investigatory hearing has
concluded and the Oneida Business Committee has deliberated, the Oneida Business Committee
shall in open session of a regular or special Oneida Business Committee meeting, by majority vote,
declare whether the Oneida Business Committee has determined there is enough evidence to
substantiate the allegations of misconduct by clear and convincing evidence.
(a) If the Oneida Business Committee finds that there is clear and convincing evidence that
the official engaged in misconduct, the Oneida Business Committee shall, by majority vote,
determine and impose appropriate sanctions and/or penalties.
(b) If the Oneida Business Committee does not find that there is clear and convincing
evidence to support the allegations that the official engaged in misconduct, the complaint
shall be dismissed.
(c) Within ten (10) business days after the investigatory hearing, the Oneida Business
Committee shall issue a written decision and provide copies of the decision to:
(1) the complainant,
(2) the official who is the subject of the complaint, and
(3) the Business Committee Support Office, for recordkeeping.
120.6-11. Appeal. The complainant and the official who is the subject of the complaint shall both
have the right to appeal the Oneida Business Committee’s decision to the Court of Appeals
pursuant to the Nation’s Rules of Appellate Procedure. The appeal shall be limited to review of
the record, and the Oneida Business Committee’s decision may only be overturned if the Court of
Appeals determines that:
(a) The findings or penalties imposed were clearly erroneous, unsupported by the record,
or made on unreasonable grounds or without any proper consideration of circumstances;
or
(b) Procedural irregularities occurred which prevented a fair and impartial hearing.
120.7. Complaints Alleged Against an Elected Official
120.7-1. The Trial Court shall have jurisdiction to hear complaints of alleged misconduct of
elected officials. Complaints of alleged misconduct shall be filed with the Trial Court pursuant to
the Nation’s Rules of Civil Procedure.
1. O.C. 120 – Page 6

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120.7-2. In a civil action against an elected official for misconduct, the complainant has the burden
of proving by clear and convincing evidence that the official engaged in misconduct.
120.7-3. In making a final determination, the Trial Court shall determine if there is enough
evidence to substantiate the allegations of misconduct by the official by clear and convincing
evidence.
(a) If the Trial Court finds that there is clear and convincing evidence that the official
engaged in misconduct, the Trial Court shall determine and impose any sanctions and/or
penalties deemed appropriate in accordance with this law.
(b) If the Trial Court does not find that there is clear and convincing evidence to support
the allegations that the official engaged in misconduct, the complaint shall be dismissed.
120.7-4. Appeal. The complainant and the official who is the subject of the complaint shall both
have the right to appeal the Trial Court’s decision to the Court of Appeals pursuant to the Nation’s
Rules of Appellate Procedure. The appeal shall be limited to review of the record, and the Trial
Court’s decision may only be overturned if the Court of Appeals determines that:
(a) The findings or penalties imposed were clearly erroneous, unsupported by the record,
or made on unreasonable grounds or without any proper consideration of circumstances;
or
(b) Procedural irregularities occurred which prevented a fair and impartial hearing.
120.7-5. The Trial Court shall provide the Business Committee Support Office a copy of the
complaint and the determination of the Trial Court for the official’s record of conduct in office.
120.8. Sanctions and Penalties
120.8-1. A sanction or penalty, or any combination of sanctions and/or penalties, may be imposed
upon the Nation’s officials for misconduct in office, in accordance with this law.
120.8-2. Sanctions and penalties may include:
(a) Verbal Reprimand. A verbal reprimand may be imposed on the official.
(1) The Oneida Business Committee or Trial Court shall submit written notices to
both the official and to the Business Committee Support Office of the specific date,
time and location of the verbal reprimand. The verbal reprimand shall occur at an
Oneida Business Committee meeting and/or a General Tribal Council meeting.
(2) To impose the verbal reprimand, the presiding Oneida Business Committee
Chairperson, or another Oneida Business Committee member if the verbal
reprimand is imposed against the presiding Oneida Business Committee
Chairperson, shall read a statement that identifies:
(A) The Oneida Business Committee or Trial Court’s findings regarding the
specific actions or inaction taken by the official that were found to be
misconduct;
(B) The reasons why the official’s actions or inactions amounted to
misconduct;
(C) A statement identifying that the misconduct violates the high standards
of behavior expected of the Nation’s officials and is not acceptable; and
(D) A direction to the official to refrain from engaging in future misconduct.
(b) Public Apology. The official may be ordered to make a public apology. The Oneida
Business Committee or Trial Court shall submit written notices to both the official and to
the Business Committee Support Office of the specific date, time and location of the public
apology. The public apology shall occur at an Oneida Business Committee meeting and/or
a General Tribal Council meeting. The public apology shall:
1. O.C. 120 – Page 7

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(1) identify the specific misconduct committed by the official;
(2) recognize that the official’s actions or inactions were wrong;
(3) identify the effects of the official’s misconduct; and
(4) include a clear and unambiguous apology from the official.
(c) Written Reprimand. A written reprimand may be imposed on the official by publication
on the Nation’s official media outlets, as determined by the Oneida Business Committee.
The Oneida Business Committee or the Trial Court may publish a written reprimand which
includes the information required for the verbal reprimand as stated in section 120.82(a)(2)(A)-(D).
(d) Suspension. An official may be suspended from performing his or her duties as an
official for a period of time not to exceed two (2) meetings, or fifteen (15) business days if
the official serves in a full-time capacity.
(1) During a suspension, the official shall not:
(A) attend meetings, trainings or any other event as part of the entity;
(B) attend conferences or other events on behalf of, or as a representative
of, the entity;
(C) vote or participate in any activities of the entity;
(D) perform work on behalf of the entity; or
(E) be eligible for any compensation, including regular pay, stipends, or
mileage reimbursement.
(2) When an official is suspended, the Oneida Business Committee or Trial Court
shall submit written notices to both the official and to the Business Committee
Support Office of the specific start and end date of the suspension.
(3) If a suspension is imposed on multiple officials of the same entity at one time,
the Oneida Business Committee or the Trial Court shall impose the suspensions of
the officials on a staggered basis to avoid an interruption of the official business
and function of the entity.
(e) Restitution. An official may be ordered to pay restitution, which may include the
repayment of any improperly received benefit, or any other payment which is intended to
make another whole after suffering losses as a result of the official’s misconduct.
(f) Fines. An official may be ordered to pay a fine not to exceed two thousand and five
hundred dollars ($2,500).
(1) Fines shall be paid to the Trial Court.
(2) Fines shall be paid within ninety (90) days after the order is issued or upheld
on final appeal, whichever is later. Cash shall not be accepted for payment of fines.
If the fine is not paid by this deadline, the Trial Court may seek to collect the money
owed through the Nation’s garnishment and/or per capita attachment process.
(3) Money received from fines shall be deposited into the General Fund.
(4) Community service may be substituted for part or all of any fine at the minimum
wage rate of the Nation for each hour of community service.
(g) Loss of Stipend. An official may be ordered to forfeit a stipend for his or her service
on an entity not to exceed two (2) meetings.
(h) Mandatory Participation in Training. An official may be ordered to participate in and
complete a training class or program that will assist the official in addressing and
improving his or her behaviors and/or actions.

1. O.C. 120 – Page 8

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(1) The mandated training class or program may address a variety of topics
including, but not limited to, anger management, sexual harassment, or other
sensitivity training.
(i) Termination of Appointment. An appointed official may have his or her appointment
terminated by the Oneida Business Committee in accordance with the Nation’s laws and/or
policies governing boards, committees, and commissions.
(j) Removal. The Trial Court may recommend that the process for removing an elected
official as contained in the Nation’s laws and/or policies governing removal be initiated.
120.8-3. Factors in Determining an Appropriate Sanction and/or Penalty. When determining the
appropriate sanction or sanctions to impose, the Oneida Business Committee or the Trial Court
may consider all factors it deems relevant, including but not limited to:
(a) the seriousness or severity of the misconduct;
(b) whether the conduct was intentional or not;
(c) the likelihood of repetition;
(d) the extent of probable damage to the finances or reputation of the Nation, the
complainant, the entity, or to any other person or organization;
(e) whether the official or his or her family personally profited, financially or otherwise,
from the prohibited conduct;
(f) the official’s remorse, or
(g) the official’s willingness and ability to take steps to mitigate the harm caused by the
violation, and
(h) any prior complaints filed, including any previous sanctions and penalties imposed
upon the official while serving on an entity.
120.8-4. The Oneida Business Committee and/or the Trial Court may impose a sanction and/or
penalty on a conditional basis, whereas compliance with a specific sanction and/or penalty shall
prevent the imposition of a more stringent or burdensome sanction and/or penalty.
120.8-5. The imposition of sanctions and/or penalties in accordance with this law does not exempt
an official from individual liability for the underlying misconduct, and does not limit any penalties
that may be imposed in accordance with other applicable laws. In addition to any sanctions and
penalties that may be imposed in accordance with this law, officials who commit misconduct in
office may be subject to other consequences; including but not limited to:
(a) removal in accordance with the Nation’s laws and/or policies governing removal, if an
elected official;
(b) termination of appointment by the Oneida Business Committee, if an appointed official;
(c) criminal prosecution, for misconduct that also violates applicable criminal law;
(d) civil liability, in accordance with the applicable law of any jurisdiction; and/or
(e) penalties for specific misconduct as authorized by any other law of the Nation.
120.8-6. An official who does not comply with a sanction and/or penalty that has been imposed
against him or her by either the Oneida Business Committee or Trial Court may be subject to the
following:
(a) additional sanctions and/or penalties that result from a complaint of misconduct filed
in accordance with this Law based on the non-compliance;
(b) termination of appointment by the Oneida Business Committee in accordance with the
Nation’s laws and policies governing boards, committees, and commissions, if the official
was appointed to his or her position; and/or
(c) removal in accordance with the Nation’s laws and policies governing removal, if the
official was elected to his or her position.
1. O.C. 120 – Page 9

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120.9. Effect of Resignation by an Official
120.9-1. The resignation of an official after a complaint has been filed against the official shall
not affect the status of the hearing and determination by either the Oneida Business Committee or
Trial Court.
120.9-2. An official who resigns may still be subject to sanctions and/or penalties at the discretion
of the Oneida Business Committee or Trial Court.
120.10. Record of Conduct in Office
120.10-1. The Business Committee Support Office shall maintain a record of conduct in office
for each official.
120.10-2. The record of conduct in office maintained for each official shall include, at a minimum:
(a) a copy of each complaint filed against the official;
(b) recording and/or transcript from any hearings and/or proceedings;
(c) the outcome of the complaint, and
(d) any sanctions or penalties imposed upon an official.
120.10-3. The record of conduct in office for each official shall be maintained for a period of no
less than seven (7) years.
End.
Adopted – GTC-__-__-__-__

1. O.C. 120 – Page 10

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FINANCE ADMINISTRATION
Fiscal Impact Statement

MEMORANDUM

TO:

Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer

FROM:

Rae Skenandore, Financial Management Analyst

DATE:

December 27, 2018

RE:

Fiscal Impact of the Sanctions and Penalties Law

I.

Estimated Fiscal Impact Summary

Law: Sanctions and Penalties Law
Implementing Agency
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
II.

Draft 4
Oneida Business Committee
Business Committee Support Office
Oneida Judiciary
In compliance with the Legislative Procedure Act
Current Fiscal Year
Ten Year Estimate
None
None

Background
Legislative History
This is a new Law that was originally placed on the Legislative Operating Committee
active files list on October 15, 2014. A public meeting was held on October 4, 2018.
Summary of Content
A summary of the Law is as follows;
A.
The purpose of this law is to establish a consistent set of sanctions and penalties
that may be imposed upon elected and appointed officials of the Nation, including
members of the Oneida Business Committee, for misconduct in office; and to establish an
orderly and fair process for imposing such sanctions and penalties.
B.
The Law applies to all elected or appointed Boards, Committees, and
Commissions.

1

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C.
This law does not apply to members of the Judiciary or corporate entities of the
Nation.
D.
The definition of misconduct contained in the Law includes but it not limited to
the following violations of Oneida Laws, policies, rules, by-laws, SOP’s, other operating
documents, Federal and State Criminal or Civil law and expected moral and ethical
standards.
E.

Complaint Process and Requirements
1.

Individuals must be over 18 years old to file a complaint.

2.

Allegations must have occurred within the last 90 days.
a)
The Law outlines the requirement for the content of the complaint
and where to file

3.

Prohibits retaliation

4.

Allows for an attorney or advocate

5.
Is held confidential until/unless a final determination and sanctions and/or
penalties are imposed.
6.
The process differentiates complaints against appointed official’s vs
elected officials.
F.

Complaints against appointed officials
The complaint process is conducted through the Oneida Business
1.
Committee and includes the following:
a)

b)

Filing with the Business Committee Support Office.
(1)

Notification requirements;

(2)

Allowance for mediation;

(3)

Timelines to respond;

(4)

Recusal requirements for a conflict of interest.

An Initial review to determine a finding of merit
(1)
An investigatory hearing shall be held within 30 days for a
complaint determined to have merit.
(2)
Where there are findings of no merit, the Business
Committee shall review the complaint for a determination of
frivolous, false, or malicious complaint. If found, the complainant
may be subject to the following:

2

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

~
ONEIDA

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c)

(3)

be fined up to five hundred dollars ($500);

(4)

be banned from filing a complaint for up to one year;

(5)

be subject to a civil suit.

Investigatory hearing.
(1)
The Oneida Business Committee shall have the broadest
grant of authority to compel any person or organization within the
Nation to
(a)
appear at the hearing to provide testimony under
oath and/or information relevant to the allegations against
the official; and/or
(b)
produce physical evidence that is relevant to the
allegations
(2)
Within the investigatory hearing section, the law contains
criteria for deliberations, determination, and appeals.
(a)
The standard for the complaint is “clear and
convincing evidence”.
(b)
The Oneida Business Committee determines and
imposes appropriate sanctions and/or penalties.

G.

Complaints against elected officials
Complaints are filed with the Trial Court pursuant to the Nations Rules of
1.
Civil Procedures.
2.
Decisions on filed complaints against elected officials may be appealed to
the Court of Appeals pursuant to the Nation’s Rules of Appellate Procedure.
Official court records must be submitted to the Business Committee
3.
Support Office.

H.

Sanctions and Penalties may include the following:
1.

Verbal reprimand.

2.

Public apology.

3.

Written reprimand.

4.

Suspension.

5.

Restitution.

3

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

~
ONEIDA

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6.
Fines not to exceed two thousand five hundred dollars ($2,500) per act of
misconduct.
7.

Loss of stipend.

8.

Mandatory participation in training.

9.

Termination of appointment.

10.

Removal.

I.
The Law contains the factors to be used in determining appropriate Sanctions
and/or Penalty as the following:
1.

the seriousness or severity of the misconduct;

2.

whether the conduct was intentional or not;

3.

the likelihood of repetition;

4.
the extent of probable damage to the finances or reputation of the Nation,
the complainant, the entity, or to any other person or organization;
5.
whether the official or his or her family personally profited, financially or
otherwise, from the prohibited conduct;
6.

the official’s remorse, or

the official’s willingness and ability to take steps to mitigate the harm
7.
caused by the violation, and
8.
any prior complaints filed, including any previous sanctions and penalties
imposed upon the official while serving on an entity.
J.
The Law states that the imposition of sanctions and penalties does not exempt
officials from individual liability which may include but is not limited to:
1.
removal in accordance with the Nation’s laws and/or policies governing
removal;
2.

termination of appointment by the Oneida Business Committee;

3.
law;

criminal prosecution, for misconduct that also violates applicable criminal

4.
civil liability, in accordance with the applicable law of any jurisdiction;
and/or penalties for specific misconduct as authorized by any other law of the
Nation.
K.

Non-compliance may result in the following;
1.

Additional sanctions and/or penalties.

4

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

~
ONEIDA

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2.

Termination of appointment.

3.

Removal in accordance with the Nation’s laws.

L.
Resignation does not impact the process or exempt individuals from sanctions and
penalties.
M.
Records of conduct shall be maintained by the Oneida Business Committee
Support Office for no less than seven years.
III.

Methodology and Assumptions
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year
financial effects associated with legislation and includes startup costs, personnel, office,
documentation costs, as well as an estimate of the amount of time necessary for an
agency to comply with the Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any
funds to the legislation.
The analysis was completed based on the information provided as of the date of this
memo.

III.

Executive Summary of Findings
The separation of the complaint process duplicates this function within two areas of the
Nation. However, aside from the additional duties, there are no other apparent startup,
personnel, office, or documentation costs associated with duplicating this function with
the approval of this legislation.

III.

Financial Impact
No fiscal impact.

IV.

Recommendation
Finance Department does not make a recommendation in regards to course of action in
this matter. Rather, it is the purpose of this report to disclose potential financial impact of
an action, so that the Oneida Business Committee and General Tribal Council has the
information with which to render a decision.

5

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

~
ONEIDA

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Sanctions and
Penalties Law
Presentation to GTC by
Legislative Operating Committee
February 24, 2019

Why Sanctions & Penalties?
• If an official of the Nation engages in misconduct in
office, there are few remedies to hold that official
accountable.
• Removal Law (if elected)
• Termination of Appointment (if appointed)
• Not all violations rise to level of removal or
termination.
• The Nation currently has no formal process to issue
warnings, reprimands, or corrective actions against
elected and appointed officials.
• Increased accountability and opportunity to correct
behavior and become a better official.

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Cultural Background
• Great Law of Peace.
• Chief receives up to three warnings from
Clan Mother.
• Try to steer leader on the right path.
• Opportunity to correct actions.

• After three warnings, the chief is
dehorned, or removed.
• Goal is not to shame but to move
forward in a good way.

Current Landscape
• Most governments (tribal, local, state and
federal) have some sort of sanctions
process.
• Sanctions for officials discussed by GTC,
previous Business Committees, and
community as far back as 1998.
• During the Special Election held on July 9,
2016, the following referendum question
was approved by a vote of 178 to 59:
“Should the BC develop a law which
provides for sanctions and due process for
elected officials?”

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Development
• Research
• Work Meetings
• Meetings w/Boards, Committees and
Commissions
• Public Outreach
• Community Potluck Meeting
• Public Meeting

What is Misconduct?
• Violating the Oneida Constitution or any law, policy
or rule of the Nation;
• For example, the Code of Ethics or Conflict of
Interest Law
• Violating the bylaws or standard operating
procedures of the entity the official serves on;
• Being convicted of a felony under federal or
Wisconsin law;
• Any other activity that does not uphold the moral
and ethical standards expected of the Nation’s
officials.

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Who Can be Sanctioned?
• Elected Officials of the Nation.
• Including members of the Oneida Business
Committee.

• Appointed Officials of the Nation.
• This law does not apply to:
• Corporate entities of the Nation.
• Judges of the Oneida Nation Judiciary.
• Complaint Process for Judges located in
Judiciary Law.

Elected Officials
• Oneida Business Committee
• Oneida Election Board
• Oneida Gaming Commission
• Oneida Land Commission
• Oneida Land Claims Commission
• Oneida Nation Commission on Aging (ONCOA)
• Oneida Nation School Board
• Oneida Trust Enrollment Committee
• GTC Legal Resource Center Attorney and
Advocates

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Appointed Officials
• Anna John Resident Centered Care Community Board
• Audit Committee (1 community member seat)
• Environmental Resource Board (ERB)
• Finance Committee (1 community member seat)
• Oneida Community Library Board
• Oneida Nation Arts Board
• Oneida Personnel Commission
• Oneida Police Commission
• Oneida Pow Wow Committee
• Oneida Nation Veterans Affairs Committee (ONVAC)
• Pardon and Screening Forgiveness Committee
• Southeastern WI Oneida Tribal Services Advisory Boards (SEOTS)
• Oneida Youth Leadership Institute Board of Directors

Filing a Complaint
• Who Can File: Anyone 18 years and older who,
in good faith, has knowledge or reason to believe
that an official has committed misconduct may
file a written complaint.
• When To File: Within 90 days of when the
alleged misconduct occurred or was discovered
to have occurred.
• Where to File:
• Elected Officials – Judiciary Trial Court.
• Appointed Officials – BC Support Office.

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Filing a Complaint
Complaints Against
APPOINTED Officials

Complaints against
ELECTED Officials

File Complaint with
BC Support Office

File Complaint with
Judiciary

Business Committee
reviews complaint

Judiciary Trial Court
reviews complaint

Complaint Process:
Elected Officials
• Complaint filed with the Nation’s Judiciary Trial Court.
• Case proceeds according to Judiciary Rules of Civil
Procedure:
• Official files answer to the complaint.
• Court may order pre‐trial meeting and/or discovery.
• Court holds a hearing.
• Court issues judgment.
• If Trial Court finds official committed misconduct, the
Trial Court selects appropriate sanction or penalty.
• Either party may appeal decision to Judiciary Court of
Appeals.

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Complaint Process:
Appointed Officials
• Complaint filed with BC Support Office.
• Complaint forwarded to BC Members and the Official.
• Official submits written response to complaint.
• BC performs initial review to determine if complaint has
merit. If complaint has merit, BC schedules a hearing.
• BC holds investigatory hearing during executive session.
After the hearing, BC deliberates.
• In open session, BC votes on whether misconduct occurred
and selects appropriate sanction or penalty by majority
vote.
• Either party may appeal decision to Judiciary Court of
Appeals

List of Sanctions & Penalties
• Verbal Reprimand
• Public Apology
• Written Reprimand
• Suspension
• Restitution
• Fines
• Loss of Stipend
• Mandatory Training
• Termination of Appointment
• Removal, in Accordance with Removal Law

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Additional Consequences
• Nothing in this law exempts an official from
individual liability or penalties imposed in
accordance with other laws.
• For example, officials who commit misconduct may
be subject to other consequences, including but not
limited to:
• Criminal Prosecution, for misconduct that violates
applicable criminal law.
• Civil Liability, in accordance with applicable law.
• Penalties for specific misconduct as authorized by
any other law of the Nation.

How is Penalty Selected?
• When imposing a sanction or penalty, the OBC or
Judiciary may consider the following:
• How severe the misconduct was, whether it was
intentional, and how likely the official is to repeat
the misconduct.
• The damage to the finances or reputation of the
Nation, entity, or any person or organization.
• Whether the official has expressed remorse and is
willing to take steps to correct the harm done.
• Whether any prior complaints have been filed
against the official.

49 of 49

Protecting Due Process
• Officials accused of misconduct have the right to
be represented by an attorney or advocate.
• Officials have the right to submit a written
response to complaints against them, appear at
the investigatory hearing to answer the
allegations, provide witness testimony,
documents and evidence on their behalf.
• Complaints against officials must be proven by
clear and convincing evidence.
• Appeals to Judiciary Court of Appeals

Requested Action
Motion to adopt the Sanction and
Penalties Law Resolution

Yaw^ko

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aada9491fbc88c0b5. Public record. Not legal advice.