Oneida Business Committee (2023)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

June 7, 2023

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. May 17, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Petition: L. Dallas - Emergency Amendments to the Election Law for the 2023 General

Election (pg. 5)

IV.

New Submissions

1. Petition: L. Dallas - Allow the General Tribal Council Full Informational Access to the

Oneida Nation’s Revenue (pg. 21)

2. Petition: L. Dallas - Direct the Oneida Business Committee to Plan for and Construct a

General Tribal Council Meeting Facility (pg. 23)

3. Petition: R. Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean $15.00/hour

with No Exceptions or Loopholes (pg. 25)

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of Two GTC Petition SOEs and Memorandum (pg. 27)

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

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mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

May 17, 2023

9:00 a.m.

Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman King, Jennifer

Webster

Others Present: Clorissa N. Leeman, Grace Elliott, Brooke Doxtator, Keith Doxtator, Rhiannon

Metoxen (Microsoft Teams), Matt Denny (Microsoft Teams), Todd Vanden Heuvel (Microsoft

Teams), Kristal Hill (Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Rae Skenandore

(Microsoft Teams), Michelle Braaten (Microsoft Teams), Debra Powless (Microsoft Teams), Eric

Boulanger (Microsoft Teams), Mark Powless (Microsoft Teams), Kelly Danforth (Microsoft

Teams), Carrie Lindsey (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Michelle Tipple

(Microsoft Teams), Venessa Cardish (Microsoft Teams), Reynold Danforth (Microsoft Teams),

Louise Cornelius (Microsoft Teams)

Call to Order and Approval of the Agenda

David P. Jordan called the May 3, 2023, Legislative Operating Committee meeting to order

at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda as is; seconded by Marie Cornelius.

Motion carried unanimously.

II.

Minutes to be Approved

1. May 3, 2023 LOC Meeting Minutes

Motion by Marie Cornelius to approve the May 3, 2023, LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

1. Oneida Life Insurance Plan Law

Motion by Jennifer Webster to approve the updated draft of the Oneida Life Insurance Plan

law, legislative analysis, and public meeting notice, and forward the Oneida Life Insurance

Plan law to a public meeting to be held on July 13, 2023; seconded by Marie Cornelius.

Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of May 17, 2023

Page 1 of 3

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2. Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure

Return to the Previous State it was Prior to March 2020

Motion by Marie Cornelius to defer this item to be approved via e-poll by the end of the

week; seconded by Jennifer Webster. Motion carried unanimously.

3. Petition: L. Dallas – Direct Transportation be Made Available by the Oneida

Nation to Areas with Large Populations of Oneida Enrolled Members to and from

General Tribal Council Meetings

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

Direct Transportation be Made Available by the Oneida Nation to Areas with Large

Populations of Oneida Enrolled Members to and from General Tribal Council Meetings

and forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion

carried unanimously.

4. Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

Directives for Oneida Nation Chief Counsel Position and forward to the Oneida Business

Committee; seconded by Marie Cornelius. Motion carried unanimously.

5. Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational

Changes from March 2020-Present

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

Disclosure of Funds, Expenditures, and Organizational Changes from March 2020-Present

and forward to the Oneida Business Committee; seconded by Marie Cornelius. Motion

carried unanimously.

6. Petition: L. Dallas – Emergency Amendments to the Election Law for the 2023

General Election

Motion by Jennifer Webster to accept the status update memorandum for the Petition: L.

Dallas – Emergency Amendments to the Election Law for the 2023 General Election and

forward to the Oneida Business Committee; seconded by Marie Cornelius. Motion carried

unanimously.

7. Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy

Training

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

General Tribal Council Directive Regarding Advocacy Training and forward to the Oneida

Business Committee; seconded by Marie Cornelius. Motion carried unanimously.

8. Petition: L. Dallas – Oneida Nation Disability Fund

Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –

Oneida Nation Disability Fund and forward to the Oneida Business Committee; seconded

Legislative Operating Committee Meeting Minutes of May 17, 2023

Page 2 of 3

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by Jennifer Webster. Motion carried unanimously.

9. Petition: L. Dallas – Repeal and Replace Current Removal Law

Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –

Repeal and Replace Current Removal Law and forward to the Oneida Business Committee;

seconded by Jennifer Webster. Motion carried unanimously.

10. Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of

Power and Authority to all Entities

Motion by Jennifer Webster to defer this item to be approved via e-poll by the end of the

week; seconded by Marie Cornelius. Motion carried unanimously.

11. Petition: L. Dallas – Transitional Housing

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

Transitional Housing and forward to the Oneida Business Committee; seconded by Marie

Cornelius. Motion carried unanimously.

12. Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General

Tribal Council Meeting

Motion by Jennifer Webster to accept the statement of effect for the Petition: L. Dallas –

Void the November 15, 2022, Virtual Semi-Annual General Tribal Council Meeting and

forward to the Oneida Business Committee; seconded by Marie Cornelius. Motion carried

unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

1. Review of the Eviction and Termination Law

Motion by Marie Cornelius to defer this item to be approved via e-poll by the end of the

week; seconded by Jennifer Webster. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Marie Cornelius to adjourn at 9:39 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 17, 2023

Page 3 of 3

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

June 7, 2023

Petition: L. Dallas – Emergency

Amendments to the Election Law for

the 2023 General Election

Submission Date: 5/3/23

LOC Sponsor: All LOC Members

Summary: This petition calls for a special General Tribal Council (GTC) meeting to be

called prior to the 2023 General Election to consider the following:

 Make emergency amendments to the Oneida Nation of Wisconsin Election law that will

be effective for the 2023 Oneida Nation of Wisconsin Tri-Annual General Elections

and all elections held thereafter. The emergency amendments shall include, but are not

limited to, the following:

 Entire Election Process shall be conducted under audio and video recording

 Counting of the ballots for any part of the election process(es) (i.e., the day of

election, for recounts, ties, etc.) shall be conducted in a facility large enough

to conduct the ballot counting process(es) in a restricted area in the presence

of the General Tribal Council

 Ballots shall always be kept under audio and video surveillance

 Poll Watchers from the point the ballots being retrieved to the point the ballots

are placed back under surveillance in a secure area.

 Remove any and all Oneida Business Committee Members from the Election

Processes

 Declaration of the Election Results shall be brought to the General Tribal

Council for review, discussion and approval, denial or modification by the

General Tribal Council only

 Filling vacancies

 Election Outcomes and Ties

 Recount Process

 To direct that the emergency amendments shall apply to the 2023 Oneida Nation of

Wisconsin Tri-Annual General Elections; and

 GTC reserves the right to review, discuss, and take any other action deemed

appropriate by the General Tribal Council during the GTC Meeting regarding the

above matters.

4/26/23 OBC: Motion by Marie Cornelius to acknowledge receipt of the petition from Linda Dallas regarding

Emergency Amendments to the Election Law for the 2023 General Election; to direct the BC

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Direct Report Offices to complete and submit their administrative impact statements of the

petition to the TribalSecretary mailbox by Wednesday, May 17, 2023; and to direct the Law,

Finance, and Legislative Reference Offices to complete, respectively, the legal review, fiscal

impact statement, and statement of effect with status updates to be submitted for the May 24,

2023, regular Business Committee meeting agenda and the first BC meeting of the month

thereafter or until the final documents are submitted, seconded by Brandon Stevens. Motion

carried.

5/3/23 LOC:

Motion by Marie Cornelius to add the Petition: L. Dallas – Emergency Amendments to the

Election Law for 2023 General Election with all LOC members as the sponsor; seconded by

Daniel Guzman King. Motion carried unanimously.

5/17/23 LOC: Motion by Jennifer Webster to accept the status update memorandum for the Petition: L.

Dallas – Emergency Amendments to the Election Law for the 2023 General Election and

forward to the Oneida Business Committee; seconded by Marie Cornelius. Motion carried

unanimously.

Next Steps:

 Accept the statement of effect for the Petition: L. Dallas – Emergency Amendments to the

Election Law for the 2023 General Election and forward to the Oneida Business Committee.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Petition: L. Dallas – Emergency Amendments to the Election Law for the 2023 General Election

Summary

This petition requests the General Tribal Council to make emergency amendments to the Election

law that will be effective for the 2023 General Elections and all elections held thereafter.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: June 2, 2023

Analysis by the Legislative Reference Office

On April 14, 2023, the Petition: L. Dallas – Emergency Amendments to the Election Law for the

2023 General Election (“the Petition”) was submitted to the Government Administrative Office by

Linda Dallas and then verified by the Oneida Trust Enrollment Department on April 17, 2023. On

April 26, 2023, the Oneida Business Committee acknowledged receipt of the Petition and directed

that the Legislative Reference Office complete a statement of effect for the Petition with status

updates to be submitted for the May 24, 2023, regular Business Committee meeting agenda and

the first Business Committee meeting of the month thereafter or until the final documents are

submitted. The Legislative Operating Committee added the Petition to its Active Files List on May

3, 2023, for a statement of effect to be developed by the Legislative Reference Office.

The purpose of this Petition is to call a special emergency meeting of the General Tribal Council

prior to the 2023 Oneida Nation Tri-Annual General Elections to consider the following:

 Make emergency amendments to the Oneida Nation of Wisconsin Election law that will be

effective for the 2023 Oneida Nation of Wisconsin Tri-Annual General Elections and all

elections held thereafter. The emergency amendments shall include, but are not limited to,

the following:

 Entire Election Process shall be conducted under audio and video recording

 Counting of the ballots for any part of the election process(es) (i.e., the day of

election, for recounts, ties, etc.) shall be conducted in a facility large enough to

conduct the ballot counting process(es) in a restricted area in the presence of the

General Tribal Council

 Ballots shall always be kept under audio and video surveillance

 Poll Watchers from the point the ballots being retrieved to the point the ballots are

placed back under surveillance in a secure area.

 Remove any and all Oneida Business Committee Members from the Election

Processes

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Declaration of the Election Results shall be brought to the General Tribal Council

for review, discussion and approval, denial or modification by the General Tribal

Council only

 Filling vacancies

 Election Outcomes and Ties

 Recount Process

To direct that the emergency amendments shall apply to the 2023 Oneida Nation of

Wisconsin Tri-Annual General Elections; and

GTC reserves the right to review, discuss, and take any other action deemed appropriate

by the General Tribal Council during the GTC Meeting regarding the above matters.



All applicable laws and policies of the Nation were reviewed in developing this statement of effect

for the Petition.

The Legislative Process

The General Tribal Council adopted the Legislative Procedures Act in 2013 to set forth the process

for the development and adoption of laws of the Nation by the Oneida Business Committee and

General Tribal Council. [1 O.C. 109.1-1]. The Legislative Procedures Act intends to ensure that

there is a standard process for developing legislation for the Nation. [1 O.C. 109.1-2]. Although

the Legislative Procedures Act is not construed to impede the constitutional right of a member of

the Nation under Article III, Section 4 of the Oneida Nation Constitution and Bylaws to petition

for a special meeting of the General Tribal Council, the lawmaking requirements provided by the

Legislative Procedures Act do apply to all legislation considered by the Oneida Business

Committee or the General Tribal Council. [1 O.C. 109.1-3, 109.1-1].

The legislative process begins when any person who is interested in pursuing the development of

or amendment to a law of the Nation submits a written request for legislation to the Legislative

Reference Office, who then is responsible for placing the request for legislation on the agenda of

the next duly called Legislative Operating Committee meeting. [1 O.C. 109.5-1, 109.5-2]. General

Tribal Council delegated the Legislative Operating Committee the responsibility for the

development of legislation of the Nation. [1 O.C. 109.4-2]. The Legislative Operating Committee

is comprised of the five (5) Oneida Business Committee members who do not hold officer

positions. [1 O.C. 110.4-1(b)]. Once the Legislative Operating Committee receives a request for

legislation, the Legislative Operating Committee then either accepts or denies the request, except

that the Legislative Operating Committee is not allowed to deny a request for legislation directed

by a General Tribal Council law, resolution, or motion. [1 O.C. 109.5-2(a)-(b)].

Once the Legislative Operating Committee accepts a request for legislation and directs that

legislation be developed in accordance with the Legislative Procedures Act, a draft of the

legislation is created through research, review of other similar laws, collaboration with affected

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entities, and community engagement efforts. The Legislative Procedures Act provides guidance

on how a law should be organized, such as different sections that need to be included in a law and

what information needs to be addressed in each section, to ensure there is a consistent format

amongst all laws of the Nation. [1 O.C. 109.11]. Once a draft of the proposed legislation is

approved by the Legislative Operating Committee, a legislative analysis of the draft legislation is

completed. [1 O.C. 109.7-1]. The purpose of the legislative analysis is to describe the important

features of the legislation being considered and factual information to enable the Legislative

Operating Committee to make informed decisions regarding legislation. [1 O.C. 109.3-1(g)]. A

legislative analysis includes a statement of the legislation’s terms and substance; intent of the

legislation; a description of the subject(s) involved, including any conflicts with Oneida or other

law, key issues, potential impacts of the legislation and policy considerations. Id.

Once a draft and legislative analysis are completed for proposed legislation, the Legislative

Operating Committee moves forward with obtaining public review of the proposed legislation.

The Legislative Operating Committee determines a public meeting date and then a public meeting

notice is created that contains the date, time and place of the public meeting, the time period for

the public comment period, and the name, address, phone number, and other appropriate

information on where to submit comments on the proposed legislation. [1 O.C. 109.8-2]. At least

ten (10) business days before the public meeting is held, the public meeting notice is published in

the Kalihwisaks, while the public meeting notice, proposed draft of the legislation, legislative

analysis, and fiscal impact statement if available, are published on the Oneida Register on the

Nation’s webpage found at the following location: https://oneida-nsn.gov/government/register/,

and electronically noticed to all managers and directors. [1 O.C. 109.8-2]. The managers and

directors who receive the public meeting materials are then required by the Legislative Procedures

Act to direct employees of the Nation who have special knowledge or expertise on the proposed

legislation to provide public comments. [1 O.C. 109.8-4(a)].

The public meeting on the proposed legislation is required to be presided over by at least one (1)

member of the Legislative Operating Committee. [1 O.C. 109.8-3(a)]. The purpose of the public

meeting is to solicit oral comments from members of the community on the proposed legislation.

[1 O.C. 109.8-3]. After the public meeting concludes, the Legislative Operating Committee holds

open a public comment period for at least five (5) business days. [1 O.C. 109.8-1(a)]. During the

public comment period individuals may submit written comments including data, views,

arguments, or concerns to the Oneida Business Committee Secretary or the Legislative Reference

Office in person or through United States mail, interoffice mail, e-mail, or fax. [1 O.C. 109.8-1(c),

109.4-4(b)].

Once the public comment period has concluded, the Legislative Operating Committee is required

by the Legislative Procedures Act to fully consider all written comments and oral testimony

received during the public comment period and any public meeting on the proposed legislation. [1

O.C. 109.8-4]. The Legislative Operating Committee accomplishes this responsibility through the

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development of a public comment review memorandum that provides the Legislative Operating

Committee’s consideration of every comment received, and demonstrates any changes made to the

proposed legislation based on the public comments.

A fiscal impact statement is also required for all proposed legislation. [1 O.C. 109.6-1]. A fiscal

impact statement provides an estimate of the total fiscal year financial effects associated with

legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate

of the amount of time necessary for an individual or agency to comply with the law after

implementation. [1 O.C. 109.3-1(c)]. The Legislative Operating Committee may direct that a fiscal

impact statement be submitted by any agency who may receive funding if the legislation is enacted,

may administer a program if the legislation is enacted, may have financial information concerning

the subject matter of the legislation, or the Finance Department. [1 O.C. 109.6-1]. Oneida Business

Committee resolution BC-10-28-20-A, Further Interpretation of ‘Fiscal Impact Statement’ in the

Legislative Procedures Act, provides further clarification on the process for directing a fiscal

impact statement be completed. This resolution provides that upon final approval of draft

legislation by the Legislative Operating Committee, the Legislative Operating Committee may

direct the Finance Department or any agency who may receive funding if the legislation is enacted,

may administer a program if the legislation is enacted, may have financial information concerning

the subject matter of the legislation to provide a neutral and unbiased fiscal impact statement to

the LOC within ten (10) business days for inclusion in adoption materials.

After all the requirements of the Legislative Procedures Act are met and the Legislative Operating

Committee is satisfied with proposed legislation, the Legislative Operating Committee then

forwards an adoption packet comprised of the proposed legislation, legislative analysis, fiscal

impact statement, resolution, statement of effect, and an adoption memorandum to the Oneida

Business Committee for consideration. [1 O.C. 109.9-1 The Oneida Business Committee then

either considers whether to approve or deny the adoption of the legislation or forwards the

legislation to the General Tribal Council for consideration of adoption. [1 O.C. 109.9-1(a)-(b)]. ].

A law is adopted, amended, or repealed upon the adoption of a resolution. [1 O.C. 109.9-2]. .

Resolution BC-09-25-19-B, Updated Statement of Effect Requirement for Resolutions, requires

that all resolutions proposed for adoption by the Oneida Business Committee or the Oneida

General Tribal Council be accompanied by a statement of effect developed by the Legislative

Reference Office, unless the resolution meets one of the following exemptions to the requirement

for a statement of effect: resolutions for grant applications; self-governance contract or compact

resolutions; resolutions for the purchase of land or placement of land into trust status; nominations

of individuals to serve on a particular entity; resolutions in support of a cause or individual;

resolutions regarding the pardoning or forgiveness of any member of the Nation; and resolutions

which approve a contract or agreement accompanied by a legal review. For those laws considered

by the Oneida Business Committee a majority vote is required for the adoption of the law, while

amendments and repeals of a law are handled in accordance with the laws governing Oneida

Business Committee action. [1 O.C. 109.9-2(a)]. The Oneida Business Committee utilizes

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Robert’s Rules of Order, current edition, for the procedural rules of its meetings except as

specifically modified by the Constitution and Bylaws of the Oneida Nation. [1 O.C. 117.4-1]. For

those laws considered by the General Tribal Council, adoption, amendment, and repeal of laws are

done in accordance with the laws governing General Tribal Council action. [1 O.C. 109.9-2(b)].

Any action by the General Tribal Council to overrule previous passed motions or resolution

requires a two-thirds (2/3) vote. [1 O.C. 113.3-1(a)(3)].

Once legislation is adopted through resolution by either the Oneida Business Committee or the

General Tribal Council the law shall become effective ten (10) business days after the date of

adoption unless a different effective date is specified. [1 O.C. 109.9-3]. The Legislative Operating

Committee is then responsible for publishing the law in the Oneida Code of laws by the effective

date. [1 O.C. 109.9-4]. The Oneida Code of Laws can be found on the Oneida Register on the

Nation’s website at the following location: https://oneida-nsn.gov/government/register/laws/. Any

law adopted in substantial compliance with the Legislative Procedures Act is considered valid. [1

O.C. 109.10-1]. No law can be contested based on non-compliance with the procedural

requirements of the Legislative Procedures Act after one (1) year from the effective date of the

law. [1 O.C. 109.10-2].

The Legislative Procedures Act provides a separate process for the adoption of emergency

legislation. The Legislative Procedures Act delegates authority to the Oneida Business Committee

to temporarily enact an emergency law where legislation is necessary for the immediate

preservation of the public health, safety, or general welfare of the reservation population and the

enactment or amendment of legislation is required sooner than would be possible under this law.

[1 O.C. 109.9-5]. The Legislative Operating Committee is responsible for first reviewing

emergency legislation and for forwarding to the Oneida Business Committee for consideration. [1

O.C. 109.9-5(a)]. A legislative analysis of the proposed emergency legislation is required to be

completed and attached to the proposed legislation when it is forwarded to the Oneida Business

Committee, however, the fiscal impact statement and public comment period are not required prior

to emergency legislation being considered. Id. A resolution and statement of effect are also

required for emergency legislation in accordance with section 109.9-2 of the Legislative

Procedures Act and resolution BC-09-25-19-B. An emergency law becomes effective immediately

upon its approval by the Oneida Business Committee and remains in effect for a period of up to

six (6) months, with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)]. An emergency law expires when:

 six (6) months have passed since the emergency law went into effect and an emergency

law extension has not been approved; or

 six (6) months have passed since the emergency law extension went into effect; or

 a law is permanently adopted in the emergency law’s place, following the regular process

provided by the Legislative Procedures Act, before the emergency law expires. [1 O.C.

109.9-5(b)(1)-(3)].

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Emergency Amendment of the Election Law

Article III Section 5 of the Constitution and Bylaws of the Oneida Nation (“the Constitution”)

requires that the General Tribal Council enact necessary rules and regulations governing the

elections of tribal officials.

The General Tribal Council adopted the Nation’s Election law in June of 1993 in accordance with

Article III Section 5 of the Constitution. The Election Law was most recently amended on a

permanent basis by the General Tribal Council on April 23, 2017, to incorporate constitutional

amendments into the law which lowered the age of qualified voters from twenty-one (21) to

eighteen (18).

The Election law governs the procedures for the conduct of orderly elections of the Nation,

including pre-election activities such as caucuses and nominations. [1 O.C. 102.1-1]. Additionally,

the Election law defines the duties and responsibilities of the Election Board members and other

persons employed by the Nation in the conduct of elections and is intended to govern all procedures

used in the election process. [1 O.C. 102.1-2].

The Petition’s request for the General Tribal Council to consider making emergency amendments

to the Election law to be effective for the 2023 General Election and all elections held thereafter,

would violate the process and procedures contained within the Legislative Procedures Act.

Through the adoption of the Legislative Procedures Act the General Tribal Council delegated the

Legislative Operating Committee the responsibility for the development of legislation of the

Nation. [1 O.C. 109.4-2]. All proposed legislation, whether it be regular or emergency legislation,

must begin the legislative process by first being considered by the Legislative Operating

Committee. [1 O.C. 109.5-1, 109.9-5(a)]. The General Tribal Council cannot make emergency

amendments to the Election law without following the process and procedures set forth by the

Legislative Procedures Act and forwarding a legislative proposal to be processed and developed

by the Legislative Operating Committee. The Legislative Operating Committee cannot deny a

request for legislation directed by a General Tribal Council law, resolution, or motion. [1 O.C.

109.5-2(b)].

Looking specifically at making emergency amendments to a law of the Nation, emergency

legislation is only allowed when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the reservation population and the enactment or

amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].

The Petition requests that emergency amendments be made to the Election law to address the

following:

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

Require the election process be conducted under audio and video recording.

 The Election law currently does not require that any process or procedure of an

election be conducted under audio or video recording.

Require that the counting of the ballots for any part of the election process be conducted in

a facility large enough to conduct the ballot counting process(es) in a restricted area in the

presence of the General Tribal Council.

 The Election law does not currently require that any counting of ballots be

conducted in the presence of the General Tribal Council. The Election law does

however address counting the election ballots in a secure manner. The Election law

requires that at least one (1) Oneida Police Officer be present during the time the

polls are open, and until the counting of the ballots is completed and tentative

results posted. [1 O.C. 102.9-4]. If a ballot counting machine is used, the Oneida

Election Board judges 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. [1 O.C. 102.9-3(a)]. All ballots

being votes, are required to be placed in a receptacle clearly marked "Ballot Box"

which is locked until counting at the close of polls. [1 O.C. 102.9-9]. For electronic

ballot counting, the ballots may be placed within the ballot counting machine as

they are received. Id. When ballots are counted by machine, at the close of polls the

Oneida Election Board judges generate from the ballot counting machine copies of

the election totals from the votes cast. [1 O.C. 102.10-1]. At least three (3) Election

Board members are required to sign the election totals, which shall include the tape

signed by the members of the Nation before the polls were opened. [1 O.C. 102.102]. When ballots are manually counted, at the close of polls the Oneida Election

Board judges unlock the ballot box and remove the ballots. [1 O.C. 102.10-3]. 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. [1 O.C. 102.10-4]. The sealed ballots are required to be transported by an

Oneida Police Officer with at least three (3) of the Election Officials for

counting/tallying of ballots. Id. The sealed ballots are opened at the time of counting

by the Election Officials and witnessed and monitored by an Oneida Police Officer.

[1 O.C. 102.10-5]. Ballots must be counted by two (2) different Election Officials

until two (2) final tallies are equal in back-to-back counting. [1 O.C. 102.10-6].

Final tallies are verified by the Oneida Election Board judges. Id.

Require ballots be kept under audio and video surveillance.

 The Election law does not currently require that ballots be kept under audio and

video surveillance. The Election law does however address securing the ballots.

Once the polls are open, the Election law requires that at least one (1) Oneida Police

Officer be present until the counting of the ballots is completed, and tentative

results posted. [1 O.C. 102.9-4]. The Election law also provides for securely

counting the ballots – see above for an explanation of the provisions regarding the

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

counting of ballots. In regard to securing ballots, the Election law requires that the

Oneida Election Board judges place together all ballots counted and secure them

together so that they cannot be untied or tampered with without breaking the seal.

[1 O.C. 102.10-7]. The secured ballots, and the election totals with the signed tape,

if applicable, are then secured by the Oneida Election Board 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. Id. The Oneida Police Officer is then

responsible for delivering, on the day of the election, the sealed container to the

Records Management Department for retaining. Id.

Require the use of poll watchers from the point the ballots being retrieved to the point the

ballots are placed back under surveillance in a secure area.

 The Election law does not currently require the use of poll watchers. Instead, once

the polls are open, the Election law requires that at least one (1) Oneida Police

Officer be present until the counting of the ballots is completed, and tentative

results posted. [1 O.C. 102.9-4]. The Election law also requires the presence of

Oneida Election Board members during the election process.

Remove any and all Oneida Business Committee Members from the election processes.

 The Oneida Election Board was established to carrying out the provisions of the

Election law and Article III, Sections 2 and 3 of the Constitution. [1 O.C. 102.4-1].

 The Election law clearly provides for in what manner members of the Oneida

Business Committee are involved in an election.

 Any vacancy on the Oneida Election Board in an unexpired term is filled

by appointment by the Oneida Business Committee for the balance of the

unexpired term. [1 O.C. 102.4-5].

 The Oneida Business Committee may appoint or reappoint a sufficient

number of alternates to the Oneida Election Board, as recommended by the

Oneida Election Board, to assist with election day and pre-election

activities. [1 O.C. 102.4-7].

 Oneida 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 Oneida Business Committee. [1 O.C. 102.4-11].

 Violation of the contribution restrictions shall result in a fine imposed by

the Oneida Election Board in an amount specified in a resolution adopted

by the Business Committee. [1 O.C. 102.5-8(b)].

 Violation of the campaign sign restrictions shall result in a fine imposed by

the Oneida Election Board in an amount specified in a resolution adopted

by the Oneida Business Committee. [1 O.C. 102.5-9(e)].

 When the Oneida Election Board makes a final decision in regard to voter

eligibility, within five (5) business days of receiving the appeal, the Oneida

Election Board reports this decision in the final report sent to the Oneida

Business Committee. [1 O.C. 102.8-7].

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The Oneida Business Committee declares 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. 102.11-13].

 The Oneida Business Committee may initiate special elections. [1 O.C.

102.12-10].

 Amendments to the Constitution may be initiated by the Oneida Business

Committee. [1 O.C. 102.13-1].

 The Election law provides for specific responsibilities of the Oneida Business

Committee Secretary.

 Applications and petitions where the applicant was not nominated during

caucus are filed by presenting the information to the Nation’s Secretary, or

designated agent, during normal business hours, 8:00 a.m. to 4:30 p.m.

Monday through Friday, within five (5) business days after the caucus. [1

O.C. 102.5-4].

 The Nation’s Secretary is responsible for forwarding all petitions to the

Election Board Chairperson the next business day following the close of

petition submissions. [1 O.C. 102.6-3(f)].

 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; and the Nation’s Secretary is then

responsible for contacting the Oneida Election Board Chairperson by the

next business day after the request for recounts. [1 O.C. 102.11-5].

 The Oneida Election Board forwards 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. [1

O.C. 102.11-12].

 Referendum questions are to be presented to the Nation’s Secretary, in

writing, at the caucus prior to election, regarding issues directly affecting

the Nation or general membership. [1 O.C. 102.12-9].

 The Secretary also has responsibilities in processing requests for

constitutional amendments. [1 O.C. 102.13-1].

Require that declaration of the election results be brought to the General Tribal Council for

review, discussion and approval, denial, or modification by the General Tribal Council.

 The Election law currently addresses the declaration of results of an election. The

tentative results of an election are announced and posted by the Oneida Election

Board within twenty-four (24) hours after the closing of the polls. [1 O.C. 102.111]. The Election Board is then responsible for forwarding 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. [1 O.C.

102.11-12]. The Final Report contains information on the total number of persons



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

voting; total votes cast for each candidate by subsection of the ballot; list of any

ties and final results of those ties, including the method of resolution; list of

candidates elected and position elected to; number of spoiled ballots; and the cost

of the election, including the compensation paid to each Oneida Election Board

member. [1 O.C. 102.11-12(a)-(f)]. The Business Committee then declares 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. 102.11-13]. The Oneida Business Committee simply

declares the result of the election, and does not approve, deny, or modify the results.

Address filling vacancies.

 The Election law currently only addresses filling vacancies for the Oneida Election

Board. The Election law provides that any vacancy in an unexpired term is filled

by appointment by the Oneida Business Committee for the balance of the unexpired

term. [1 O.C. 102.4-5]. The filling of a vacancy may be timed to correspond with

the pre-election activities and the needs of the Election Board. Id.

Address election outcomes and ties.

 The Election law currently addresses election outcomes as well as how ties are

handled during elections. The tentative results of an election are announced and

posted by the Oneida Election Board within twenty-four (24) hours after the closing

of the polls. [1 O.C. 102.11-1]. The Election Board is required to post, in the

prominent locations, and publish in the Nation’s newspaper, the tentative results of

an election. [1 O.C. 102.11-2]. 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 is required to conduct an automatic recount of the votes for each candidate

receiving the same number of votes. [1 O.C. 102.11-3]. Any recount conducted is

the only recount allowed for the tied candidates. Id. For Business Committee

positions, a run-off election between the candidates with the same number of votes

is held if there remains a tie after the recount. [1 O.C. 102.11-4]. Said run-off

election is held within twenty-one (21) calendar days after the recount. Id. For all

other positions, if there remains a tie after the recount, the Oneida Election Board

decides 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. Id.

Address the recount process.

 The Election law currently addresses recount procedures. A candidate may request

the Oneida Election Board to complete a recount if 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. [1 O.C. 102.11-5]. 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. Id. Requests are

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limited to one (1) request per candidate. Id. The Nation’s Secretary is then required

to contact the Oneida Election Board Chairperson by the next business day after

the request for recounts. Id. The Oneida Election Board is then required to 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. [1 O.C. 102.11-6]. All recounts are

conducted manually with, if possible, the original Election Officials and Oneida

Police Officer present, regardless of the original type of counting process. [1 O.C.

102.11-7]. 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. Id.

The Oneida Police Officer is responsible for picking up the locked, sealed container

with the ballots from the Records Management Department and transporting it to

the ballot recounting location. [1 O.C. 102.11-8]. A recount is conducted by a

quorum of the Oneida Election Board, including at least three (3) of the original

Election Officials. [1 O.C. 102.11-9]. The locked, sealed ballots are then opened

by the Oneida Election Board Chairperson, and an Oneida Police Officer is required

to witness the recount. Id. Recounting of ballots may be performed manually or by

computer, provided that 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. [1 O.C. 102.11-10]. Sub-sections of

candidates may be recounted in lieu of a full recount. Id. Manually counted ballots

are required to be recounted by the Oneida Election Board; the ballots shall be

counted twice by different persons and certified by the Judges. [1 O.C. 102.1110(a)]. Computer counted ballots are required to be recounted twice and certified

by the Judges. [1 O.C. 102.11-10(b)]. Prior to using an electronic ballot counting

device, it shall be certified as correct either by the maker, lessor of the machine, or

the Oneida Election Board. Id.

The Petition fails to provide how the adoption of emergency amendments to the Election law

would meet this standard for emergency legislation required by the Legislative Procedures Act.

There is no information provided that demonstrates that the request emergency amendments are

necessary for the immediate preservation of the public health, safety, or general welfare of the

reservation population. Additionally, the amendment of the Election law on an emergency basis

would not be required sooner than would be possible under the Legislative Procedures Act since

this Petition will not be considered by the General Tribal Council until October 2023, well after

the conclusion of the 2023 General Election. It would be a violation of the Legislative Procedures

Act to adopt emergency amendments to a law of the Nation without first meeting the standard for

emergency legislation provided for in section 109.9-5 of the Legislative Procedures Act.

Additionally, a legislative analysis of the proposed emergency legislation, a resolution, and a

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corresponding statement of effect have also not yet been developed but are required for the

consideration of emergency legislation. [1 O.C. 109.9-2, 109.9-5(a); Resolution BC-09-25-19-B].

The Petition’s request that the General Tribal Council be the body to make emergency amendments

to the Election law conflicts with the Legislative Procedures Act. Through the adoption of the

Legislative Procedures Act the General Tribal Council delegated the Oneida Business Committee

as the body who has the authority to adopt legislation on an emergency basis. [1 O.C. 109.9-5].

The Petition’s request for the General Tribal Council to consider making emergency amendments

to the Election law to be effective for the 2023 General Election and all elections held thereafter

is also a violation of the processes and procedures of the Legislative Procedures Act. Once adopted

by the Oneida Business Committee emergency legislation stays in effect for six (6) months. [1

O.C. 109.9-5(b)]. There is a one (1) time opportunity to extend the emergency legislation for an

additional period of up to six (6) months, bringing the total time emergency legislation is allowed

to remain effective to a one (1) year period. Id. If at the end of the one (1) year effective period for

emergency legislation, the emergency legislation has not been adopted on a permanent basis in

accordance with the regular legislative process provided for in the Legislative Procedures Act,

then the emergency legislation expires. Id. Therefore, the Petition’s request that the emergency

amendments be effective for the 2023 General Election and all elections held thereafter is invalid

since any emergency amendments would only be allowed to be effective for a one (1) year period

of time before regular permanent amendments to the Election law would need to be adopted in

accordance with the Legislative Procedures Act.

180 Day Timeframe for Petitions

Article III, Section 6 of the Constitution sets forth the process by which members of the Nation

may petition to call a special meeting to bring a subject before the General Tribal Council for

consideration. [Constitution Article III, Section 6]. The Constitution provides that the chairman or

fifty (50) qualified voters may, by written notice, call special meetings of the General Tribal

Council. Id.

The General Tribal Council enacted the Ten Day Notice Policy on March 4, 1991, for the purpose

of providing notice to the General Tribal Council of regular or special business to be conducted or

action taken at a General Tribal Council meeting. [1 O.C. 110.1-1]. Requiring prior notice of the

agenda items and information related to items assisted in creating informed discussion and

improved decision-making by the General Tribal Council on matters that affected the Nation which

became increasingly more complex and technical.

In an effort to provide consistency in the timeframe for when petitions are presented to the General

Tribal Council, on July 17, 2017, the General Tribal Council adopted a motion which required

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petitions submitted under Article III, Section 6 of the Constitution to be processed and brought to

the General Tribal Council within one hundred and twenty (120) days of submission.

Then, in an effort to balance General Tribal Council’s desire to have timely presentations of

petitions with the acknowledgement that one hundred and twenty (120) days does not provide

enough time to properly develop the necessary analyses to provide information to the General

Tribal Council to make an informed decisions while also recognizing scheduling constraints, on

January 21, 2019, the General Tribal Council adopted resolution GTC-01-21-19-A, Amending the

120-Day Petition Timeline Adopted by the General Tribal Council. Resolution GTC-01-21-19-A

adopted a rule regarding petitions which superseded the July 17, 2017, action setting a one hundred

and twenty (120) day timeframe, and instead required that petitions be presented to the General

Tribal Council within one hundred and eighty (180) days of receipt by the Oneida Business

Committee Support Office, now known as the Government Administrative Office, and that no

petition can contain more than one subject matter.

This Petition requests that a special emergency meeting of the General Tribal Council be called

prior to the 2023 General Election for the General Tribal Council to consider making emergency

amendments to the Election law that will be effective for the 2023 General Elections and all

elections held thereafter.

This Petition was submitted to the Government Administrative Office on April 14, 2023. The 2023

General Election is scheduled for July 15, 2023 – ninety-one (91) days after the Petition was

submitted. In accordance with resolution GTC-01-21-19-A, the one hundred and eighty (180) day

deadline for presenting the Petition to the General Tribal Council for consideration is October 11,

2023.

The Petition’s request that a special emergency meeting of the General Tribal Council be called

prior to the 2023 General Election conflicts with the General Tribal Council’s directive provided

through resolution GTC-01-21-19-A which sets the one hundred and eighty (180) day timeframe

for presenting petitions to the General Tribal Council for consideration

If the General Tribal Council wanted to amend resolution GTC-01-21-19-A to change the one

hundred and eighty (180) day timeline for presenting a petition to the General Tribal Council for

consideration, then the Ten Day Notice Policy would require that any action to overrule a

previously passed motion or resolution of the General Tribal Council requires a two-thirds (2/3)

majority vote. [1 O.C. 110.3-1(a)(3)].

Conclusion

After a review of all applicable laws and policies of the Nation, it has been determined that the

adoption of the Petition: L. Dallas – Emergency Amendments to the Election Law for the 2023

General Election would have the following legislative effect:

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1. The Petition’s request for the General Tribal Council to consider making emergency

amendments to the Election law to be effective for the 2023 General Election and all

elections held thereafter, would violate the process and procedures contained within the

Legislative Procedures Act.

a. Although the Legislative Procedures Act is not construed to impede the

constitutional right of a member of the Nation under Article III, Section 4 of the

Oneida Nation Constitution and Bylaws to petition for a special meeting of the

General Tribal Council, the lawmaking requirements provided by the Legislative

Procedures Act do apply to all legislation considered by the Oneida Business

Committee or the General Tribal Council.

b. The Petition fails to provide how the adoption of emergency amendments to the

Election law would meet this standard for emergency legislation required by the

Legislative Procedures Act. It would be a violation of the Legislative Procedures

Act to adopt emergency amendments to a law of the Nation without first meeting

the standard for emergency legislation provided for in section 109.9-5 of the

Legislative Procedures Act.

c. A legislative analysis of the proposed emergency legislation, a resolution, and a

corresponding statement of effect have also not yet been developed but are required

for the consideration of adoption of emergency legislation.

d. The Petition’s request that the General Tribal Council be the body to make

emergency amendments to the Election law conflicts with the Legislative

Procedures Act ‘s delegation of authority to the Oneida Business Committee to

adopt legislation on an emergency basis.

e. The Petition’s request that the emergency amendments be effective for the 2023

General Election and all elections held thereafter is invalid since any emergency

amendments would only be allowed to be effective for a one (1) year period of time

before regular permanent amendments to the Election law would need to be adopted

in accordance with the Legislative Procedures Act.

2. The Petition’s request that a special emergency meeting of the General Tribal Council be

called prior to the 2023 General Election conflicts with the General Tribal Council’s

directive provided through resolution GTC-01-21-19-A which sets the one hundred and

eighty (180) day timeframe for presenting petitions to the General Tribal Council for

consideration

Requested Action

Accept the statement of effect for the Petition: L. Dallas – Emergency Amendments to the Election

Law for the 2023 General Election.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDDO

ONEIDA

AGENDA REQUEST FORM

May 24, 2023

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office (LRO)

Dept:____________________________

(920) 869-4417

cleeman@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Petition: L. Dallas - Allow the General Tribal Council Full Informational Access to the Oneida Nation’s Revenue

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

On 5/24/23, the OBC acknowledged receipt of this Petition and directed

the LRO to complete the statement of effect with status updates to be

_______________________________________________________________________________

submitted to the 6/28/23 OBC meeting agenda and the first OBC meeting

of the month thereafter until final materials are received.

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

Excerpt from 5/24/23 DRAFT OBC Meeting Minutes

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

______________________________________________________________________________

7) Do you consider this request urgent?

[i] Yes

□ No

If yes, please indicate why:

Status update due June 28, 2023

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

Clorissa N. Leeman

Date: 2023.06.02 08:07:12 -05'00'

__________________________________________________________________________

Digitally signed by Clorissa N. Leeman

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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DRAFT

PETITIONER LINDA DALLAS - Accept the fiscal impact statements - petition #

2023-01 through # 2023-28

Accept the fiscal impact statements - petition # 2023-01 through # 2023-28

(01:15:45)

Sponsor: Keith Doxtator, Chief Financial Officer

Motion by Lisa Liggins to accept the fiscal impact statements for petition # 2023-02, 2023-03, 2023-05,

2023-06, 2023-07, 2023-11, 2023-13, 2023-14, 2023-15, 2023-20, 2023-22, 2023-23, 2023-24, 202325 and 2023-26, seconded by Jenny Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to direct the Chief Financial Officer to submit the remaining fiscal impact

statements by the close of business on Wednesday May 31, 2023, to the Secretary mailbox, seconded

by Brandon Stevens. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

For the record: Secretary Lisa Liggins stated, I would like to thank the staff in the LRO office,

specifically Clorissa Leeman. Attorney Leeman who has worked countless hours on preparing these

statement of effects, being short staffed in there. As well I would like to thank Chief Counsel Jo Anne

House. As well as all of the attorneys working for her that were assigned these areas in order to meet

the deadline that was required. And the CFO for coming in the middle of the process here and being

able to do his best to meet the deadlines and we’ll get the information out to the petitioners in a timely

manner. It was a lot of work and I appreciate the group effort involved. Thank you.

For the record: Councilwoman Marie Cornelius stated, I just want to add a comment on how

unprecedented these petitions are. I feel like it’s an attack on our government and also unconstitutional

and abuse of our Oneida Constitution. Thank you.

G..

NDA DALLAS - Allow the General

PETITIONER LINDA

Tribal Council full informational

access to

o the Oneida

O da Nation’s revenue # 2023-30

hree (3)

( ) requested

quest

Approve

three

actions regarding petition # 2023-30 (01:21:20)

Sponsor: Lisa

sa Li

Ligg

g ins, Secretar

Secretary

Secr

Liggins,

Motion byy Lisa Liggins

gins to acknowledge

acknowledg

g receipt

p off the petition

from Linda Dallas regarding

g Allow the

General Tribal Council

cil full informational

informatio

access to the Oneida Nation’s revenue;; to direct the Business

Committe Direct Report

p t Offices to complete

c p

and submit their administrative impact

statements of the

petition to the Tribal Secretary

etary

y mailbox

Wednesday,

y, June 14,, 2023;; And to direct the Law,, Finance,

byy Wednesday,

and Legislative

Reference Offices

ffic to complete,

, respectively,

y, the legal

g review,, fiscal impact

statement,

and statements of effect with status updates

to be submitted for the June 28,, 2023,, regular

Business

Committee meeting

g agenda

g of the month thereafter or until

and the first Business Committee meeting

all final documents are submitted,, seconded byy Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 17

May 24, 2023

23 of 55

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDDO

ONEIDA

AGENDA REQUEST FORM

May 24, 2023

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office (LRO)

Dept:____________________________

(920) 869-4417

cleeman@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Petition: L. Dallas - Direct the Oneida Business Committee to Plan for and Construct a General Tribal Council Meeting Facility

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

On 5/24/23, the OBC acknowledged receipt of this Petition and directed

the LRO to complete the statement of effect with status updates to be

_______________________________________________________________________________

submitted to the 6/28/23 OBC meeting agenda and the first OBC meeting

of the month thereafter until final materials are received.

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

Excerpt from 5/24/23 DRAFT OBC Meeting Minutes

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

______________________________________________________________________________

7) Do you consider this request urgent?

[i] Yes

□ No

If yes, please indicate why:

Status update due June 28, 2023

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

Clorissa N. Leeman

Date: 2023.06.02 08:07:12 -05'00'

__________________________________________________________________________

Digitally signed by Clorissa N. Leeman

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

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DRAFT

PETITIONER LINDA DALLAS - Direct the Oneida Business Committee to plan for

and construct a General Tribal Council meeting facility # 2023-31

( ) requested

Approve

three (3)

actions regarding petition # 2023-31 (01:23:53)

Sponsor: Lisa Liggins, Secretary

Motion byy Jennifer Webster to acknowledge

g receipt

p off the petition

from Linda Dallas regarding

g direct

the Oneida Business Committee to plan

g facility; to

for and construct a General Tribal Council meeting

direct the Business Committee Direct Report

p Offices to complete

and submit their administrative

impact

statements of the p

petition to the Tribal Secretaryy mailbox by

y Wednesday,

y, June 14,, 2023;; to

direct the Law,, Finance,, and Legislative

, respectively,

y, the legal

g review,

Reference Offices to complete,

fiscal impact

statement,, and statement of effect with status updates

p es to be

b submitted for the June 28,,

2023,, regular

g agenda

st Business

Busin

g of the

Business Committee meeting

and the first

Committee meeting

month thereafter or until the final documents are submitted,, seconded

seconde byy Lisa Liggins.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King,

King David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

PETITIONER RAYMOND SKENANDORE - Make the tribal minimum wage

$15.00/hour mean $15.00/hour with no exceptions or loopholes # 2023-32

Approve three (3) requested actions regarding petition # 2023-32 (01:25:19)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to acknowledge receipt of the petition from Raymond Skenandore regarding

Make the tribal minimum wage $15.00/hour mean $15.00/hour with no exceptions or loopholes; to

direct the Business Committee Direct Report Offices to complete and submit their administrative

impact statements of the petition to the TribalSecretary mailbox by Wednesday, June 14, 2023; to

direct the Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,

fiscal impact statement, and statement of effect with status updates to be submitted for the June 28,

2023, regular Business Committee meeting agenda and the first Business Committee meeting of the

month thereafter or until the final documents are submitted, seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Abstained:

Marie Cornelius

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 17

May 24, 2023

25 of 55

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDDO

ONEIDA

AGENDA REQUEST FORM

May 24, 2023

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office (LRO)

Dept:____________________________

(920) 869-4417

cleeman@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Petition: R. Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean $15.00/hour with No Exceptions or Loopholes

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

On 5/24/23, the OBC acknowledged receipt of this Petition and directed

the LRO to complete the statement of effect with status updates to be

_______________________________________________________________________________

submitted to the 6/28/23 OBC meeting agenda and the first OBC meeting

of the month thereafter until final materials are received.

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

Excerpt from 5/24/23 DRAFT OBC Meeting Minutes

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

______________________________________________________________________________

7) Do you consider this request urgent?

[i] Yes

□ No

If yes, please indicate why:

Status update due June 28, 2023

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

Clorissa N. Leeman

Date: 2023.06.02 08:07:12 -05'00'

__________________________________________________________________________

Digitally signed by Clorissa N. Leeman

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

26 of 55

DRAFT

PETITIONER LINDA DALLAS - Direct the Oneida Business Committee to plan for

and construct a General Tribal Council meeting facility # 2023-31

Approve three (3) requested actions regarding petition # 2023-31 (01:23:53)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to acknowledge receipt of the petition from Linda Dallas regarding direct

the Oneida Business Committee to plan for and construct a General Tribal Council meeting facility; to

direct the Business Committee Direct Report Offices to complete and submit their administrative

impact statements of the petition to the Tribal Secretary mailbox by Wednesday, June 14, 2023; to

direct the Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,

fiscal impact statement, and statement of effect with status updates to be submitted for the June 28,

2023, regular Business Committee meeting agenda and the first Business Committee meeting of the

month thereafter or until the final documents are submitted, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

PETITIONER RAYMOND SKENANDORE

ANDOR - Make the tribal minimum

minim

wage

$15.00/hour mean $15.00/hour with no exceptions or loopholes

oles # 2023-32

Approve

( ) requested

req

ns regarding petition # 2023-32

23-32 (01:25:19)

three (3)

actions

Sponsor: Lisa Ligg

gins, Sec

Secretary

Liggins,

Motion byy Lisa Liggins

to acknowledge

g receipt

eceipt

p of the petition

from

om Raymond

Ray

Skenandore regarding

Make the tribal minimum wage

g $15.00/hour

ur mean $1

$15.00/hour

5.00/h

th no exceptions

; to

with

or loopholes;

direct the Business Committee

mittee Direct

Report

p rt Office

Off s to

o complete

comple

d submit

subm their administrative

Offices

and

impact

statements of the

he petition

to tthe TribalS

Secretary

cretary

y mailbox byy Wednesday,

dne

y, June 14,, 2023;; to

TribalSecretary

direct the Law,, Finance,

nce,, and Legislative

Legislativ

ence Offices

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es to complete,

complete

, respectively,

y, the legal

g review,

Reference

fiscal impact

statement,

ent,, and statement of

o effect wi

tatus updates

with status

to be submitted for the June 28,,

2023,, regular

mee g agenda

g da and

an the

the first Business Committee meeting

g of the

Business Committee meeting

month thereafter or until the

he final

fina documents are submitted,

bmitte seconded by Jennifer Webster. Motion

carried:

Ayes:

g, David

Dav P. Jordan, Lisa Liggins, Kirby Metoxen,

Daniel Guzman King,

randon Stevens, Jennifer

Jenn

Brandon

Webster

Abstained:

Marie

ie Cor

Cornelius

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 17

May 24, 2023

27 of 55

May 18, 2023 Legislative Operating Committee E-Poll Results

Approval of Two GTC Petition SOEs and Memorandum

E-POLL REQUEST: Approval of Two GTC Petition SOEs and Memorandum

9 ~~-

f, Reply

D,>M P. Jo,dan;

OM"" P. Guzman;

Cc • Clarissa N. Leeman; • Kristal E. Hill;

K<by W. Meto,en; Jenn;fe, A. Webste<;

Rhiannon R. Metoxen!

Ethel M. (o,nel;,,

<~ Reply All

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Tixl S/18/2023 3:49 PM

This mMuge WM Sffll: With High impMMKe.

2023 OS 24 Petition L Dall.as· Direct Organizational Structure SOE.pdf

2023 OS 17 Petition L Dallas • Delegation of Authority SOlpdf

390KB

381 KB

~ !:3K~S 24 Reviaw of th. Eviction and Termination Law Memorandum to GTC SIGNEO.docx.pdf v

Good Afternoon Legislative Operating Committee,

This e-mail serves as the e-poll for the approval of the following materials:

▪ Statement of effect for the Petition: L. Dallas – Direct that the Oneida Nation Organizational

Structure Return to the Previous State it was Prior to March 2020;

▪ Statement of effect for the Petition: L. Dallas – Review and Discuss General Tribal Council's

Delegation of Power and Authority to all Entities; and

▪ Review of the Eviction and Termination Law Memorandum.

EXECUTIVE SUMMARY

At the May 17, 2023, Legislative Operating Committee meeting the Legislative Operating Committee took

action to “defer this item to be approved via e-poll by the end of the week” in regard to three agenda

items:

▪ Item III.2 under Current Business: Petition: L. Dallas – Direct that the Oneida Nation Organizational

Structure Return to the Previous State it was Prior to March 2020;

▪ Item III.10 under Current Business: Petition: L. Dallas – Review and Discuss General Tribal Council's

Delegation of Power and Authority to all Entities; and

▪ Item VI.1 under Administrative Updates: Review of the Eviction and Termination Law.

The Legislative Reference Office noted during the Legislative Operating Committee meeting that some

additional time was needed to finish the development of the statements of effect and memorandums for

these three legislative items, but all items were due to be submitted to the May 24, 2023, Oneida Business

Committee meeting agenda so approval via e-poll would be necessary.

Attached to this e-poll please find the following materials:

▪ Statement of effect for the Petition: L. Dallas – Direct that the Oneida Nation Organizational

Structure Return to the Previous State it was Prior to March 2020;

▪ Statement of effect for the Petition: L. Dallas – Review and Discuss General Tribal Council's

Delegation of Power and Authority to all Entities; and

▪ Review of the Eviction and Termination Law Memorandum.

The LOC is now being asked to approve by e-poll the above mentioned items and forward these items to

the Oneida Business Committee for consideration.

An e-poll is necessary for this matter because the next Legislative Operating Committee meeting is not

until June 7, 2023, and it is intended that these materials be included on the agenda for the May 24, 2023,

Oneida Business Committee meeting.

Page 1 of 2

28 of 55

REQUESTED ACTION

▪ Approve the statement of effect for the Petition: L. Dallas – Direct that the Oneida Nation

Organizational Structure Return to the Previous State it was Prior to March 2020; statement of

effect for the Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of Power

and Authority to all Entities; and Review of the Eviction and Termination Law Memorandum, and

forward these legislative items to the Oneida Business Committee for consideration.

DEADLINE FOR RESPONSE

May 18, 2023 at 8:00 p.m.

All supporting documentation has been attached to this email for your convenience.

r"'.

,000000,

ONEIDA

A good mind, A good heart. A strong firo.

E-POLL RESULTS

This e-poll was approved by David P. Jordan, Jennifer Webster, Daniel Guzman King, Kirby Metoxen.

Marie Cornelius did not provide a response during the designated timeframe.

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fii'" -::-

"" " lll•~!V h i • I.I

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r.E: E-P:)LL R:QUEST: Appra .·al of Tw:i GTC PetitiM SCEs ar.cl ~'lerror.;ndJ:rr

n., ; ,1/1,,'AV H :;t, · 1.1

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R£: E·POLL REQUEST: Appr<r.-.,1of Two <:TC Petition SOEs .inc Merror.indl.:rr

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Page 2 of 2

29 of 55

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Petition: L. Dallas – Review and Discuss General Tribal Council’s Delegation of Power and

Authorities to all Entities

Summary

This petition requests the General Tribal Council to direct the Oneida Business Committee to

provide a complete list and supporting documentation showing any and all actions taken by the

General Tribal Council which delegated any power or authority to any person, board, committee,

commission, entity, corporation, or organization. The Petition also requests that the General Tribal

Council direct that a General Tribal Council meeting be scheduled for the purpose of reviewing,

discussing, upholding, overturning, and/or modifying any actions taken by the General Tribal

Council that delegated any power and/or authority to any person, board, committee, commission,

entity, corporation, organization.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: May 17, 2023

Analysis by the Legislative Reference Office

On March 2, 2023, the Petition: L. Dallas – Review and Discuss General Tribal Council’s

Delegation of Power and Authorities to all Entities (“the Petition”) was submitted to the

Government Administrative Office by Linda Dallas and then verified by the Oneida Trust

Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business Committee

acknowledged receipt of the Petition and directed that the Legislative Reference Office complete

a statement of effect for the Petition with status updates to be submitted for the April 26, 2023,

regular Business Committee meeting agenda and the first Business Committee meeting of the

month thereafter or until the final documents are submitted. The Legislative Operating Committee

added the Petition to its Active Files List on April 7, 2023, for a statement of effect to be developed

by the Legislative Reference Office.

The purpose of this Petition is to call a special meeting of the General Tribal Council to consider

the following:

 To direct the Oneida Business Committee to provide a complete list and supporting

documentation showing any and all actions taken by the General Tribal Council

that delegated any power and/or authority to any person, board, committee,

commission, entity, corporation, organization, etc.

 To direct that a separate GTC meeting be scheduled for the sole purpose of

reviewing, discussing, and upholding, overturning and/or modifying any actions

Page 1 of 11

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

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

taken by the General Tribal Council that delegated any power and/or authority to

any person, board, committee, commission, entity, corporation, organization, etc.;

and

To direct that separate GTC meetings shall be scheduled and held to address any

actions taken by the General Tribal Council that delegated any power and/or

authority to any person, board, committee. commission, entity, corporation,

organization, etc. in the following order and categories: 1) Committees 2) Boards

3) Commission 4 ) Entities 5) Corporations 6) Organizations 7) Individuals 8)

Anyone or anything not covered in the other seven(7) categories; and

GTC reserves the right to review, discuss, and take any other action deemed

appropriate by the General Tribal Council during the GTC Meeting.

All applicable laws and policies of the Nation were reviewed in developing this statement of effect

for the Petition.

Request for Information on Delegated Authority

The Petition requests that the General Tribal Council direct the Oneida Business Committee to

provide a complete list and supporting documentation showing any and all actions taken by the

General Tribal Council which delegated any power or authority to any person, board, committee,

commission, entity, corporation, or organization.

There is no legislative impact in regard to the General Tribal Council requesting information on

authority that may have been delegated by the General Tribal Council to other entities be presented.

Review, Discussion, and Modification of Delegated Authority

The Petition requests that the General Tribal Council direct that a General Tribal Council meeting

be scheduled for the purpose of reviewing, discussing, upholding, overturning, and/or modifying

any actions taken by the General Tribal Council that delegated any power and/or authority to any

person, board, committee, commission, entity, corporation, organization.

There is no legislative impact in regard to the General Tribal Council reviewing and discussing

any authority that may have been delegated by the General Tribal Council to other entities.

Reviewing and discussing the delegated authorities of the General Tribal Council may provide the

membership with greater understanding of the different roles and responsibilities different entities

of the Nation maintain.

The General Tribal Council taking action to overturn or modify prior actions taken by the General

Tribal Council to delegate authority to other entities would have legislative impacts.

Page 2 of 11

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There are various laws of the Nation that codify action taken by the General Tribal Council to

delegate authority and responsibilities to another entity of the Nation. Some examples include:

 The Election law establishes the Oneida Election Board and provides their various

authorities and responsibilities. [1 O.C. 102.1-2, 102.4-1, 102.4-9].

 The Legislative Procedures Act delegates authority to the Legislative Operating Committee

to develop laws of the Nation. [1 O.C. 109.4-2].

 The Membership Ordinance delegates the Oneida Trust Enrollment Committee the

responsibility for maintaining the official rolls of the Oneida Nation. [1 O.C. 124.5-1].

 The Oneida Nation Gaming Ordinance established the Oneida Gaming Commission and

provides the authorities and responsibilities of those elected to the Oneida Gaming

Commission. [5 O.C. 501.6-1, 501.6-14].

 The Real Property law provides the composition of, as well as the various authority and

responsibilities of the Oneida Land Commission. [6 O.C. 601.12-2]. There are also various

laws of the Nation related to property and land that delegate rulemaking authority 1 to the

Oneida Land Commission in accordance with the Administrative Rulemaking law,

providing further authority and responsibilities, including the following:

 The Real Property law delegates rulemaking authority to the Oneida Land

Commission to develop rules which govern probate, process for selling a residential

property, and easements and land use licenses. [6 O.C. 601.8-1, 601.12-1, 601.123(a)].

 The Leasing law delegates rulemaking authority to the Oneida Land Commission

to develop rules regarding lease applications, lease valuation, or administrative fees

for costs associated with issuing a lease document or conducting any other

administrative transaction. [6 O.C. 602.5-1, 602.7-5, 602.10-5].

 The Eviction and Termination law delegates rulemaking authority to the Oneida

Land Commission to develop rules to govern residential, agricultural, and business

contracts, as well as the disposition of personal property, [6 O.C. 610.4-1, 610.4-2,

610.6-1].

 The Landlord Tenant law delegates rulemaking authority to the Oneida Land

Commission to develop rules to govern rental programs, selection of applicants,

disposition of personal property, and a decrease in rent due to untenability. [6 O.C.

611.4-1, 611.4-3, 611.6-2,m 611.6-3(c)(2)].

 The Mortgage and Foreclosure law delegates rulemaking authority to the Oneida

Land Commission to develop rules to govern mortgage selection, mortgage

requirements, [6 O.C. 612.4-3, 612.4-4].

 The Legal Resource Center law established the Legal Resource Center to provide legal

advice and representation to both members of the Nation and employees in cases before

the Judiciary and to represent the Oneida General Tribal Council at General Tribal Council

meetings, and provides the authorities and responsibilities of the Legal Resource Center

Most delegations of rulemaking authority to the Oneida Land Commission are joint delegations of rulemaking

authority in conjunction with Land Management or the Comprehensive Housing Division.

Page 3 of 11

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

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

attorney and advocates. [8 O.C. 811.1-1, 811.4-1, 811.5-3, 811.6-3]. The Legal Resource

Center law delegates rulemaking authority to the attorney, or advocates in their absence, to

delegate rules establishing how clients apply for services. [8 O.C. 811.4-5, 811.5-3(l)].

The Oneida Personnel Policies and Procedures provides the various authorities and

responsibilities of the Oneida Personnel Commission. [Oneida Personnel Policies and

Procedures Section III and Section V].

If the General Tribal Council were to take action to overturn or modify any previously made

delegation of authority to an entity of the Nation, the Ten Day Notice Policy requires that any

action to overrule a previously passed motion or resolution of the General Tribal Council has a

two-thirds (2/3) majority vote. [1 O.C. 110.3-1(a)(3)].

Since much of the authority delegated by the General Tribal Council to a separate entity of the

Nation has been codified in law, any action by the General Tribal Council to overturn or modify

that previously made delegation of authority to an entity of the Nation would require amendments

be made to the law in accordance with the Legislative Procedures Act to address the modified

delegation of authority. See below for an explanation of the legislative process as provided for in

the Legislative Procedures Act.

If any of the aforementioned laws of the Nation which codified authority delegated from the

General Tribal Council to an entity of the Nation also delegated administrative rulemaking

authority to the same entity of the Nation based on that delegation of authority, then amendments

to any adopted administrative rules may also be necessary if the General Tribal Council ultimately

takes action to modify or overturn the delegation of authority to the entity. See below for an

explanation of the administrative rulemaking process as provided for in the Administrative

Rulemaking law.

Additionally, since the Boards, Committees and Commissions law mandates that every board,

committee, and commission of the Nation create bylaws that conform to its requirements and

include information of its authority, the boards, committees and commissions have bylaws that

refer to authorities and responsibilities that have been delegated to them by the General Tribal

Council. [1 O.C. 105.10-1, 105.10-2]. If the General Tribal Council takes action to modify or

overturn the delegation of authority to an entity which is a board, committee, or commission of the

Nation, then the entity’s bylaws would need to be amended to reflect the change in authority or

responsibilities.

The Legislative Process

The General Tribal Council adopted the Legislative Procedures Act in 2013 to set forth the process

for the development and adoption of laws of the Nation by the Oneida Business Committee and

General Tribal Council. [1 O.C. 109.1-1]. The Legislative Procedures Act intends to ensure that

Page 4 of 11

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

ONEIDA

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