Oneida Business Committee (2019)
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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 MEETING AGENDA – REVISED
Business Committee Conference Room-2nd Floor Norbert Hill Center
March 4, 2019—Rescheduled from March 6, 2019
2:30 p.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. February 20, 2019 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Oneida Election Board Bylaws Amendments (pg. 4)
2. Oneida Police Commission Bylaws Amendments (pg. 24)
IV.
New Submissions
1. Taxation (pg. 47)
V.
Additions
1. Oneida Personal Commission Bylaws Amendments (pg. 79)
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
February 20, 2019
9:00 a.m.
Present: David P. Jordan, Daniel Guzman King, Jennifer Webster, Ernest Stevens III
Excused: Kirby Metoxen
Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen
Hooker, Lee Cornelius, Leyne Orosco, Ralinda Ninham-Lamberies, Joshua Hicks, Rae
Skenandore
I.
Call to Order and Approval of the Agenda
David P. Jordan called the February 20, 2019 Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Ernest Stevens III to approve the agenda with a change to item III.2, the name
of the agenda item should read “Anna John Resident Centered Care Community Board
Bylaws Amendments”; seconded by Jennifer Webster. Motion carried unanimously.
II.
Minutes to be Approved
1. February 6, 2019 LOC Meeting Minutes
Motion by Jennifer Webster to approve the February 6, 2019 Legislative Operating
Committee meeting minutes and forward to the Oneida Business Committee for
consideration; seconded by Ernest Stevens III. Motion carried unanimously.
III.
Current Business
1. Curfew Law (1:09-3:05)
Motion by Daniel Guzman King to approve the community meeting notice and direct
that a community meeting for the proposed Curfew Law be held on Thursday, March
21, 2019; seconded by Ernest Stevens III. Motion carried unanimously.
2. Anna John Resident Centered Care Community Board Bylaws Amendments
(3:09-13:00)
Motion by Jennifer Webster to accept the Anna John Resident Centered Care
Community Board Bylaws Amendments and forward to the Oneida Business
Committee for consideration; seconded by Ernest Stevens III. Motion carried
unanimously.
3. Oneida Pow-wow Committee Bylaws Amendments (13:02-19:12)
Motion by Jennifer Webster to accept the Oneida Powwow Committee Bylaws
Amendments and forward to the Oneida Business Committee for consideration;
seconded by Ernest Stevens III. Motion carried unanimously.
A good mind. A good heart. A slrong fire.
Legislative Operating Committee Meeting Minutes of February 20, 2019
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ONEIDA
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4. Pardon and Forgiveness Screening Committee Bylaws Amendments (19:23-20:28)
Motion by Jennifer Webster to accept the Pardon and Forgiveness Screening
Committee Bylaws Amendments and forward to the Oneida Business Committee for
consideration; seconded by Ernest Stevens III. Motion carried unanimously.
IV.
New Submissions
1. Attorney Contract Policy Amendments (20:31-22:12)
Motion by Jennifer Webster to add Attorney Contract Policy Amendments to the
Active Files List with David P. Jordan as the sponsor; seconded by Daniel Guzman
King. Motion carried unanimously.
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn the February 20, 2019 Legislative Operating
Committee meeting at 9:22 a.m.; seconded by Ernest Stevens III. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of February 20, 2019
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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
March 4, 2019
Election Board By-Laws Amendments
Submission Date: 9/6/17
LOC Sponsor: Kirby Metoxen
Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a
Summary: Last term the Oneida Election Board requested amendments to its bylaws to reflect
the Election law and previous GTC action. It was decided that bylaws would not
be processed until amendments to the Comprehensive Policy Governing Boards,
Committees and Commissions were adopted. On September 26, 2018, the
Comprehensive Policy Governing Boards, Committees and Commissions (n/k/a
Boards, Committees and Commissions law) was amended through adoption of
resolution BC-09-26-18-C.
9/6/17 LOC: Motion by Daniel Guzman King to add Election Board By-Laws Amendments to the
Active Files List with Kirby Metoxen as the sponsor; Seconded by Ernie Stevens III.
Motion carried unanimously.
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.
9/26/18 OBC: Motion by Lisa Summers to adopt resolution BC-09-26-18-C, titled Amendments to
the Comprehensive Policy Governing Boards, Committee and Commissions with two
(2) changes: [1) request that the language in line 84 of the resolution be changed to a
six (6) month deadline to complete the new by-laws; and 2) to eliminate the postmark
allowance referenced in lines 112-114 of draft 3]; Seconded by David P. Jordan.
Motion carried.
Per resolution BC-09-26-18-C: “The Oneida Business Committee directs that
boards, committees, and commissions of the Nation shall have six (6) months
from the adoption of [the Amendments to the Comprehensive Policy Governing
Boards, Committees, and Commissions (“Law”)] to present bylaws for
adoption. Within thirty (30) days, the Legislative Reference Office shall
provide at least two (2) informational bylaw meetings with the various boards,
committees, and commissions of the Nation. The purpose of the informational
bylaws meetings will be for the Legislative Reference Office to: a. provide an
update on the revised bylaw requirements as a result of the amendments to the
Law; b. provide a template for the development of revised bylaws; and c. offer
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assistance to boards, committees, and commissions in the development and
drafting of updated bylaws.”
10/17/18:
Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Jennifer Webster, Dale Webster (ONCOA), Marlene Summers (ONCOA), Lois
Strong (ONCOA), Sandra Reveles (OPC), Carol Silva (OPC), Brooke Doxtator
(OBCSU), Bonnie Pigman (OTEC), Chad Wilson (ERB), Dylan Benton (Library/
OTEC), Chris Cornelius (OLC). Per resolution BC-09-26-18-C, adopting the
amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a the Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the Nation’s boards, committees
and commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;
and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the first of the two informational meetings.
10/24/18:
Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Clorissa Santiago, Donald McLester (OLC), Chris Cornelius (OLC), Ronald King, Jr.
(PFSC), Jeanette Ninham (PFSC), Vicki Cornelius (OEB & Powwow), Bonnie
Pigman (OTEC), Lisa Liggins (School Board & OTEC), Rochelle Powless (ONCOA),
Terry Hetzel (HRD), Patty Hoeft (Oneida Law Office), Brooke Doxtator (OBCSO),
Arthur Elm (SEOTS), Diane Hill (SEOTS). Per resolution BC-09-26-18-C, adopting
the amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a the Boards, Committees and Commissions law), the LRO was
directed to hold two informational meetings for the Nation’s boards, committees and
commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;
and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the second of the two informational meetings.
1/20/19:
LOC Work Meeting. Present: Kristen M. Hooker, Jennifer Falck, Jennifer Webster,
David P. Jordan, Kirby Metoxen, Ernie Stevens III and Daniel Guzman-King. The
purpose of this meeting was to go through the draft of the Oneida Election Board’s
proposed bylaws amendments that were finalized following a review by the LRO staff
attorney and submitted for legislative analysis in accordance with the Boards,
Committees and Commissions law/resolution BC-09-26-18-C.
Next Steps:
▪ Accept the Oneida Election Board By-Laws Amendments.
▪ Forward the Oneida Election Board By-Laws Amendments to the Oneida Business
Committee for consideration.
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ONEIDA ELECTION BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Election Board and may be
referred to as the Board.
1-2.
Establishment. This Board was established under the Election law, adopted by the Oneida
General Tribal Council (GTC) through resolution GTC-07-06-98-A and
amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-0423-17-A.
1-3.
Authority.
(a)
(b)
Purpose. The Board was created to carry out the provisions of the Election
law and Article III, Sections 2 & 3 of the Constitution of the Oneida Nation.
The purpose of the Board is to conduct the Nation’s elections in compliance
with the laws of the Nation and assist with GTC meetings in reference to
voting.
Powers and Duties. The Board is responsible to conduct elections and to
govern all procedures used in the election process along with attending
GTC meetings. The Board has all delegated authority established through
the laws, policies, rules and resolutions of the Nation, including, but not
limited to, the Election law.
The official mailing address of the Election Board shall be:
Oneida Election Board
P.O. Box 413
Oneida, Wisconsin 54155
1-4.
Office.
1-5.
Membership.
(a)
Number of Members. The Election Board shall consist of nine (9) members.
(1)
Board Alternates. The Oneida Business Committee may appoint or
reappoint a sufficient number of alternates to the Board, as
recommended by the Board, to assist with election day and preelection activities.
(b)
Elected. Members of the Board shall be elected by enrolled members of the
Nation in accordance with the laws and/or policies of the Nation governing
elections.
(1)
Members of the Board shall serve terms of three (3) years, not to
exceed two (2) consecutive terms.
(c)
Vacancies. Any vacancy in an unexpired term shall be filled by appointment
by the Oneida Business Committee, pursuant to the Boards, Committees
and Commissions law, for the balance of the unexpired term.
(1)
The Board’s Chairperson shall provide the Oneida Business
Committee recommendations on all applications for appointment to
fill a vacancy before the executive session in which the appointment
is intended to be made.
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(2)
(d)
(e)
The filling of a vacancy may be timed to correspond with the preelection activities and the needs of the Board.
Qualifications of Members. All Board members must be:
(1)
An enrolled member of the Nation; and
(2)
At least 18 years of age.
Duties/Responsibilities.
(1)
Board members shall carry out all duties delegated by the Election
law, including, but not limited to:
(A)
Ensuring that the election polling equipment and ballots are
maintained in a locked and secured area when not in use for
an election;
(B)
Developing and adhering to standard operating procedures
regarding election activities and responsibilities;
(C)
Assisting individuals with disabilities throughout the voting
process;
(D)
Being in charge of all registration and election procedures;
(E)
Upon completion of an election, making a final report on the
election results and posting/publishing the election results in
accordance with the Election law; and
(F)
Attending all Board meetings.
1-6.
Termination or Removal. A member of the Board found to be in violation of these bylaws
or the Election law may be subject to the following:
(a)
If the Board member was elected, the Board’s filing of a petition for his or
her removal pursuant to the Removal law and/or any other law of the Nation
governing removal of elected officials;
(1)
A member who is removed from the Board shall be ineligible to
serve on the Board for three (3) years from the time he or she is
removed from the Board.
(b)
If the Board member was appointed, the Board’s recommendation to the
Oneida Business Committee for termination of his or her appointment
pursuant to the Boards, Committees and Commissions law and/or any other
law of the Nation governing termination of appointed officials.
1-7.
Trainings and Conferences. Mandatory trainings/conferences for members of the Board
shall be as follows:
(a)
Roberts Rules of Order training on an annual basis or as needed, not to
exceed five (5) full days per Board member; and/or
(b)
Other Tribal Affiliated Election conferences/trainings as approved by the
Board, not to exceed three (3) full days per Board member, per term.
Article II. Officers & Non-Officer Positions
2-1. Officers.
The Officer positions of the Board shall consist of a Chairperson, a ViceChairperson and a Secretary.
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2-2.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson are as follows:
(a)
Call meetings and notify Board members with the assistance of the ViceChairperson and/or Secretary;
(b)
Preside over all meetings and hearings of the Board;
(c)
Oversee the conduct of the election;
(d)
Decide issues of voter eligibility with the assistance of the Election
Judge(s);
(e)
Select the hearing body for applicants found to be ineligible in accordance
with the Election law in the event of an appeal;
(f)
Dismiss the alternates and Trust Enrollment Department personnel when
their election day duties are complete;
(g)
Post and report the results of all elections; and
(h)
Carry out any other duty assigned to the Chairperson by the Board or the
Election law.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson are as follows:
(a)
Preside over all meetings in the absence of the Chairperson and assist the
Chairperson in forwarding notice of meeting location, agenda, minutes and
materials; and
(b)
Work with the Chairperson in all matters that concern the Board.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary are as follows:
(a)
Keep accurate minutes of all Board meetings and make them available to
the Nation’s Secretary, other Board members and the public as required by
the Nation’s Open Records and Open Meetings law;
(b)
Assure that minutes are reported in the proper format;
(c)
Oversee mail received and inform the Board of all correspondence;
(d)
Preside over all Board meetings in the absence of the Chairperson and ViceChairperson and assist the Chairperson in forwarding notice of meeting
location, agenda, minutes and materials; and
(e)
As applicable, the Oneida Business Committee Support Office will assist
the Secretary with certain administrative duties and responsibilities.
2-5.
Selection of Officers. The Officers shall serve one (1) year terms and shall be elected by a
majority vote of the meeting quorum.
(a)
The Chairperson shall be elected at the first meeting of the Board.
(1)
Upon his or her election, the Chairperson shall direct the Board to
elect a Vice-Chairperson and Secretary.
(b)
In the event of a vacancy in the position of a Board Officer, a successor
shall be voted in by the majority vote of a meeting quorum for the duration
of the Officer’s unexpired term.
(c)
Officers may hold only one (1) Officer position per Officer term.
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2-6.
Ad Hoc Committee of the Board. The Board shall create an Ad Hoc Committee for the
limited purpose of maintaining a pool of qualified candidates that the Board
may choose from, when needed, to assist with its duties relating to GTC
meetings. On or before the date of its creation, the Board shall develop a
mission statement that reflects the Ad Hoc Committee’s limited purpose
stated herein.
(a)
Members of the Ad Hoc Committee shall be appointed and reappointed by
the Oneida Business Committee, as recommended by the Board, for one (1)
year terms in accordance with the Boards, Committees and Commissions
law.
(1)
Members of the Ad Hoc Committee shall not be limited in the
number of terms they can serve, consecutively or otherwise.
(b)
Members of the Ad Hoc Committee must possess the same qualifications
required of Board members under the Election law and these bylaws.
(c)
Upon appointment, members of the Ad Hoc Committee must take an oath
during a regular or special meeting of the Oneida Business Committee.
(1)
Members of the Ad Hoc Committee shall be subject to the applicable
portions of section 4-1 and all of sections 4-2 through 4-5 of these
bylaws to the same extent as appointed members of the Board,
including the provisions relating to enforcement and discipline.
(d)
Members of the Ad Hoc Committee shall receive a stipend of fifty dollars
($50) for each GTC meeting that:
(1)
The Board asked them to attend to assist with its duties relating to
GTC meetings;
(2)
They did attend for the entirety of the meeting; and
(3)
They did assist with the Board’s duties relating to GTC meetings.
(e)
Dissolution of the Ad Hoc Committee shall be in accordance with the
Boards, Committees and Commissions law.
2-7.
Non-Officer Positions. The Board shall identify Board members who shall serve in the nonOfficer positions of tellers, Election Judges and clerks in advance of an
election.
(a)
Non-Officers shall be identified in accordance with the Election law.
2-8.
Responsibilities of the Election Judge. The duties, responsibilities and limitations of the
Election Judge are as follows:
(a)
Inform and advise the Chairperson of all aspects of elections conducted
under the Election law;
(b)
In accordance with the Election law, meet with the Trust Enrollment
Department personnel who are registering voters to answer questions
arising over voter eligibility; and
(1)
When disputes among Board members, or between members of the
Nation and Board members, or any controversy regarding voter
eligibility arise, the Election Judge shall assist the Chairperson in
making a determination.
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(c)
2-9.
Ensure that all ballots of voters whose eligibility may be in question remain
confidential.
Responsibilities of the Teller. The duties, responsibilities and limitations of the teller are
as follows:
(a)
Collect and keep safe all ballots until the election is complete, as determined
by the Election law; and
(b)
Assist the Chairperson as directed in conducting the election.
2-10. Responsibilities of the Clerk. The duties, responsibilities and limitations of the clerk are as
follows:
(a)
Implement the requirements of identifying and registering all voters and
determining voter eligibility;
(b)
Work in conjunction with the Trust Enrollment Department personnel in the
registration process;
(c)
Assist the Chairperson as directed in conducting the election; and
(d)
Not be currently employed in the Trust Enrollment Department.
2-11. Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
Budgetary sign-off authority for the Board shall be as follows:
(1)
For budgeted items up to five hundred dollars ($500), the Secretary
shall sign-off;
(2)
For budgeted items up to three thousand dollars ($3,000) and
unbudgeted or budgeted selected/sole source items up to one
thousand dollars ($1,000), the Secretary and Vice-Chairperson shall
sign-off; and
(3)
For budgeted items up to fifty thousand dollars ($50,000) and
unbudgeted or budgeted selected/sole source items up to ten
thousand dollars ($10,000), the Secretary, Vice-Chairperson and
Chairperson shall sign-off.
(b)
The Board shall approve a Board member’s request to travel on behalf of
the Board by majority vote of the quorum in attendance at a regular or
emergency meeting of the Board.
2-12. Personnel.
The Board shall not have the authority to hire personnel for the benefit of
the Board.
Article III. Meetings
3-1. Regular Meetings. The regular meetings of the Board shall be held at a location to be
determined at the first meeting of the Board and may change from time to
time as determined by the Board but shall be within the Reservation
boundaries unless noticed by the membership prior to designating the
meeting location.
(a)
The regular meetings of the Board shall be held on the second (2nd) Monday
of every month.
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(b)
(c)
Notice of meeting location, agenda, minutes and materials shall be
forwarded by the Chairperson with the assistance of the Vice-Chairperson
and/or Secretary.
Meetings shall be run in accordance with Robert’s Rules of Order.
3-2.
Emergency Meetings. An emergency meeting may be called by the Chairperson when time
sensitive issues require immediate action.
(a)
The Chairperson or Chairperson’s designee shall notify all Board members
of an emergency meeting through email and/or phone call.
(b)
Within seventy-two (72) hours after an emergency meeting, the Board
Chairperson or Chairperson’s designee shall provide the Nation’s Secretary
with notice of the meeting, the reason for the emergency meeting, and an
explanation as to why the meeting could not wait until the next regular
meeting.
3-3.
Joint Meetings. Joint Meetings shall not be held.
3-4.
Quorum.
3-5.
Order of Business. The order of business, as far as applicable, is:
(a)
Call to Order
(b)
Adopt the Agenda
(c)
Approval of Minutes
(d)
Old Business
(e)
New Business
(f)
Other Concerns/Announcements
(g)
Executive Session
(h)
Adjournment
3-6.
Voting.
(a)
(b)
(c)
A quorum shall consist of a majority of current Board members and shall
include at least one (1) of either the Chairperson, Vice-Chairperson or
Secretary.
Voting shall be in accordance with a majority vote of the quorum of Board
members present at the duly called meeting.
All members of the Board shall have one (1) equal vote.
The Chairperson or Vice-Chairperson, when presiding in the absence of the
Chairperson, and Secretary, when presiding is the absence of the ViceChairperson, can only vote when a tie needs to be broken.
E-polls are permitted so long as conducted in accordance with the Boards,
Committees and Commissions law.
(1)
The Vice-Chairperson, in the absence or discretion of the
Chairperson, and the Secretary, in the absence of the ViceChairperson or discretion of the Chairperson, shall be responsible
for conducting e-polls.
Article IV. Expectations
4-1. Behavior of Members. Members of the Board are expected to behave as follows:
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(a)
(b)
(c)
(d)
They shall not miss three (3) consecutive unexcused meetings within a
twelve (12) month period.
(1)
A member who fails to notify any other Board member of his or her
absence in advance of the meeting in which he or she will be absent
shall be deemed unexcused.
They shall follow the Election Board’s Code of Conduct.
They shall not speak or act in the name of the Board except when, by
majority vote of a meeting quorum, the Board has specifically delegated
that responsibility.
Enforcement. Any member of the Board found to be in violation of these
behaviors/expectations may be subject to:
(1)
Sanctions and penalties in accordance with any laws or policies of
the Nation governing sanctions and/or penalties of officials.
(2)
If the Board member was elected, the Board’s filing of a petition for
his or her removal pursuant to the Removal law and/or any other
laws or policies of the Nation governing the removal of elected
officials.
(3)
If the Board member was appointed, the Board’s recommendation
to the Oneida Business Committee for termination of his or her
appointment pursuant to the Boards, Committees and Commissions
law and/or any other laws or policies of the Nation governing the
termination of appointed officials.
4-2.
Prohibition of Violence. Any violent intentional act committed by a member of the Board
that inflicts, attempts to inflict or threatens to inflict emotional or bodily
harm on another person, or damage to property, when acting in his or her
official capacity is strictly prohibited.
4-3.
Drug and Alcohol Use. Members of the Board are prohibited from using alcohol and/or
illegal drugs when acting in their official capacity.
4-4.
Social Media. Social media shall be used in accordance with any laws or policies of the
Nation governing social media.
(a)
No member of the Board shall post any Election Board information on his
or her Facebook page or other social media outlets.
4-5.
Conflict of Interest. Members of the Board shall abide by all applicable laws of the Nation
governing conflicts of interest.
(a)
A Board member shall recuse himself or herself from participating as a
Board member in any pre-election, election day, or post-election activities
when:
(1)
He or she is a petitioner, applicant or candidate in any election;
(2)
A petitioner, applicant, or candidate in any election is an immediate
family member of the Board member; or
(3)
There is otherwise a conflict of interest.
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(b)
Any conflicts will be handled by recommendation of the majority vote
of a quorum of the Board.
Article V. Stipends and Compensation
5-1. Stipends.
Board members are eligible for the following stipends as set forth in the
Boards, Committees and Commissions law and resolution BC-09-26-18-D,
titled Boards, Committees and Commissions Law Stipends:
(a)
Two (2) monthly meeting stipends;
(b)
Stipends for conducting hearings on appeals of eligibility determinations;
(c)
Stipends for attending Judiciary hearings;
(1)
A member of the Board may only receive a stipend for attending an
Oneida Judiciary hearing if that member is specifically subpoenaed.
(d)
A stipend for attendance at each full day of a training/conference that is
required by law, bylaw or resolution.
(e)
An hourly stipend for services that he or she provides during an election,
including, but not limited to, managing the polling site, recounts and lot
drawings; and
(f)
A stipend for attending and providing service at a General Tribal Council
meeting of the Nation.
5-2.
Compensation. Besides per diem and travel expenses authorized by the Nation’s policies,
Board members shall not be eligible for any other form of compensation for
duties/activities they perform on behalf of the Board.
Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be maintained in a format provided by the Oneida
Business Committee Support Office.
6-2.
Minutes.
(a)
Minutes of the Board shall be typed in a format designed by the Oneida
Business Committee Support Office to generate the most informative record
of the Board’s meetings, including a summary of the actions taken by the
Board during its meetings.
Minutes shall be submitted to the Oneida Business Committee Support
Office within five (5) days of the meeting date.
6-3.
Attachments. Any handouts, reports, or documents shall be turned in to be filed with the
minutes and agenda for the meeting in which they were presented.
(a)
All handouts, reports, and documents shall be kept in electronic format in
the Board’s shared folder.
6-4.
Oneida Business Committee Liaison. The Board shall regularly communicate with the
Oneida Business Committee member who is its designated liaison.
(a)
The frequency and method of communication shall be as agreed upon by
the Board and the liaison, but not less than that required in any law or policy
on reporting developed by the Oneida Business Committee or Oneida
General Tribal Council.
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6-5.
Audio Recordings. All meetings of the Board shall be audio recorded using a recording
device supplied by the Oneida Business Committee Support Office.
(a)
Audio recordings shall be submitted to the Oneida Business Committee
Support Office by the Chairperson or Chairperson’s designee for purposes
of maintaining in accordance with the applicable laws of the Nation.
(b)
Exception. Audio recordings of executive session portions of a Board
meeting shall not be required.
Article VII. Amendments
7-1. Amendments to Bylaws. Amendments shall be made to these bylaws at a regular meeting
of the Board provided that a written notice of proposed amendments was
made at a prior regular meeting.
(a)
Amendments to these bylaws must conform to the requirements of the
Boards, Committees and Commissions law, as well as any other policy of
the Nation.
(b)
Amendments to these bylaws are effective upon approval by the Oneida
Business Committee before implementation.
(c)
The Board shall review these bylaws from time to time as needed, but no
less than each time a Board vacancy is filled by a new member, whether
through election or appointment.
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ONEIDA ELECTION BOARD BY-LAWS
Article I. Authority
1-1. Name. The name of this entity will be the Oneida Election Board and may be referred to as the
Board.
1-2. Authority. This entity is re-recognized by the Oneida Business Committee by adoption of
these by-laws on December 30, 1998 and amended on May 21, 2003 and February 25, 2009.
1-3. Office. The official mailing address of this entity shall be:
Oneida Election Board
P.O. Box 413
Oneida, Wisconsin 54155
The physical meeting place shall be determined at the first meeting of this entity and may change
from time to time as determined by the entity, but shall be within the reservation boundaries unless
noticed to the membership prior to designating the meeting location.
1-4. Membership. The Board will:
a. Consist of 12 (twelve) voting members.
b. Be selected in accordance with the Election Law, Section 4-2, provided that the following
processes shall be used:
i. More nominations than vacancies. At the General Tribal Council Meeting,
members shall be nominated at the meeting. The nominated person shall either
accept or decline. Upon closure of the acceptance of nominations for members, the
Tribal Secretary and Election Board Chairperson, or designee, shall number the
candidates consecutively for members. The General Tribal Council shall then utilize
ballots prepared for this purpose and shall cast their ballots choosing the appropriate
number of names from each set.
ii. Less nominations than vacancies. In the event that less candidates are nominated
than there are vacant positions, no voting is needed.
iii. Ties. In the event of a tie, the tie shall be broken by the flip of a coin.
c. Fill vacancies in accordance with the Election Law, Section 4-2a.
d. Remove members from the Board due to unexcused absence's in accordance with the
Removal Law.
e. Accept resignation's when submitted in writing and presented to the Board in accordance
with the Election Law, Section 4-6.
1-5. Elections. The Board is responsible for holding elections of the Oneida Tribe and conducting
secret ballots of General Tribal Council Meetings.
Article II. Officers
2-1. Officers. This entity shall have three officers -- Chairperson, Vice Chairperson, and Secretary.
2-2. Chair duties. Responsible for calling meetings and notifying members with the assistance of
the Secretary. The Chairperson shall preside over all regular and special meetings, shall oversee the
conduct of the election, and shall post the results of all elections.
2-3. Vice Chair duties. The Vice Chairperson shall preside at all meetings in the absence of the
Chairperson. The Vice Chairperson shall work with the Chairperson in all matters that concern the
Board.
2-4. Secretary duties. The Secretary shall keep accurate minutes of all meetings, both regular and
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special meetings. Assure that minutes are reported in the proper format. Read and answer all mail
abiding by/to the decisions of the Board.
2-5. How chosen and length of term. The officers shall serve terms of three (3) years and shall be
elected by a majority vote at the first meeting of the Election Board following their selection by the
GTC. In the event of a vacancy, the successor shall be voted in by the voting members for the
duration of the unexpired term.
2-6. Members. Members shall serve a term of three (3) years and shall be selected by the GTC.
Members of the Board shall have voting powers. No Member shall serve for more than two
consecutive terms. In the event of a vacancy of a Member, a request shall be submitted to the Oneida
Business Committee requesting the vacancy be posted.
a. Upon declaration of candidacy for elected office, members shall take a leave of absence
which shall last until the Final Report is approved by the Board.
2-1. Standing and Special Committees. Standing and special committees shall be created when
necessary.
2-8. Compensation. The Board shall be compensated as defined by the Comprehensive Policy
Governing Boards, Committees, and Commissions for all meetings, including General Tribal
Council meetings, at the rate of$50.00 per meeting and paid at an hourly rate of$10.00 per hour for
all Elections.
2-9. Conflict of Interest. Any board member who may be related to 1 a candidate on the ballot for
the current election shall recuse themself from the actual election and any recounts relative to that
election.
Article III. Meetings
3-1. Regular meetings. The regular meeting of the Board shall be held as called for by the
Chairperson. Notice of meeting location, agenda, and materials shall be forwarded by the
Chairperson with the assistance of the Secretary. Meetings shall be run in accordance with Roberts
Rule's of Order.
a. Members may contact another member in any fashion to identify that they wish to be
excused prior to the meeting. After a meeting, the Board may identify that a member may be
excused from the prior meeting by majority vote.
3-2. Emergency meetings. Emergency or special meetings may be called by the Chairperson with at
least a one hour notice.
3-3. Quorum. A quorum shall consist of a majority of current members and shall include the
Chairperson or Vice-Chairperson.
3-4. Order ofBusiness. The regular meetings of the Board shall follow the order of business as set
out herein:
a. Call to order
b. Approve/Amend Agenda
c. Approve/ Amend Minutes
d. Tabled Business
1The term "related to" shall be defined as a Board member' s Father, Father-in-law,
Daughter-in-law, Mother, Mother-in-law, Son-in-law, Husband, Brother-in-law, Sister-in-law,
Wife, Brother, Sister, Son, Grandparent, Grandchild or Daughter.
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e. Old Business
f. New Business
g. Other Concerns/ Announcements
h. Next Meeting & Adjournment
3-5. Voting. Voting shall be in accordance with Roberts Rule's of Order or by a majority vote ofthe
voting members.
Article IV. Reporting
4-1. Format. Agenda items shall be in an identified format.
4-2. Minutes. Minutes shall be typed and in a consistent format designed to generate the most
informative record of the meetings of the entity.
4-3. Attachments. Handouts, reports, memoranda, and the like may be attached to the minutes and
agenda, or may be kept separately, provided that all materials can be identified to the meeting in
which they were presented.
4-4. Reporting. The Chairperson will report to the Tribal Secretary, who is the designated liaison.
This reporting format may be as the Tribal Secretary and Board agree to, but not less than that
required in any policy on reporting developed by the Oneida Business Committee or Oneida General
Tribal Council. Reports shall be made within a reasonable time after a meeting is heid, or as the
Tribal Secretary and the Board agree.
Article V. Amendments
5-1. Amendments to By-Laws. Amendments shall be made to these by-laws at a regular meeting of
the Board provided that written notice of proposed amendments was made at a prior regular meeting.
Amendments are effective upon adoption by the Board and approved by the Oneida Business
Committee.
These by-laws, as amended and revised, are hereby attested to as adopted by the Board at a duly
called meeting by the Chairperson's signature on February 9, 2009, and approved by the Oneida
Business Committee at a duly called meeting held on February 25, 2009, signed by the Tribal
Secretary of the Oneida Business Committee.
Oneida Election Board Chairperson
e~~t=
Oneida Tribal Secretary
Oneida Tribe of Indians of Wisconsin
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Oneida Election Board Bylaws Amendments
Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Legislative
Reference Office
Complies with
Boards,
Committees and
Commissions Law
Intent of the
Bylaws
Purpose
Related Legislation
Enforcement/Due
Process
Public Meeting
Fiscal Impact
SPONSOR:
Kirby Metoxen
DRAFTER:
Kristen M. Hooker
ANALYST:
Maureen Perkins
These bylaws amendments comply with the Oneida Business Committee (OBC)
directive established by resolution BC-09-26-18-C that all boards, committees and
commissions of the Nation; excluding the OBC or standing committees of the OBC
and the Nation’s corporations, amend their bylaws to comply with the requirements
established by the Boards, Committees and Commissions law. Additional
information and requirements included in these bylaws beyond what is required in
the Boards, Committees and Commissions law is not prohibited [see O.C. 105.10].
The bylaws provide a framework for the operation and management of the Oneida
Election Board (Board) to govern the standard procedures regarding the way the
Board conducts its affairs, including: the election and appointment of persons to the
Board, the membership qualifications, duties and responsibilities of both members
and officers, terms and filling vacancies of members, selection of officers,
establishment of expectations of members, maintenance of official records,
stipends, removal process, required training, and how the bylaws are amended.
The Board was created to carry out the provisions of the Election law as established
by the Constitution of the Oneida Nation. The purpose of the Board is to conduct
the Nation’s elections in compliance with the laws of the Nation and assist with
General Tribal Council meetings in reference to voting.
Election law, Boards, Committees and Commissions law, Removal Law, Code of
Ethics law, Social Media Policy, Computer Resources Ordinance, Travel and
Expense Policy, Conflict of Interest law, Open Records and Open Meetings law,
Budget Management and Control law
Removal from an elected position follows the Removal Law. The Board included
behavioral expectations that if not followed may result in a petition for removal
[see Boards, Committees and Commissions law, O.C. Chapter 105] and [see
Article IV. 4-1(d)]. The Removal Law contains due process measures related to
specific causes for removal, petition requirements, preliminary review by the
Judiciary, a hearing that includes potential witnesses and a burden of proof by a
person seeking the removal by clear and convincing evidence that ground(s) for
removal exist and a Special GTC Meeting that requires a 2/3 affirmative majority
vote [see Removal Law, O.C. Chapter 104]. Board members appointed by the OBC
to serve an unexpired vacant position will be subject to the Boards, Committees and
Commissions law regarding termination of appointment and the Board may
recommend termination of members from the Board to the OBC if behavioral
requirements are not met [see Article IV. 4-1(d)].
Public meetings are not required for bylaws.
A Fiscal Impact Statement is not required for bylaws.
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SECTION 2. BACKGROUND
A. The Board bylaws amendments were added to the Active Files List on September 6, 2017 with Kirby
Metoxen as the sponsor.
B. The Board was established by motion of the OBC on November 16, 1977.
C. The current Board bylaws were approved by the OBC on February 25, 2009.
SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW
A. The Board bylaws comply with the Boards, Committees and Commissions law.
B. The Board bylaws comply with OBC Resolution BC-09-26-18-D Boards, Committees and Commission
Law Stipends.
SECTION 4. AMENDMENTS
The Board bylaws were expanded to include duties delegated by the Election law. This section details the
changes to the bylaws from the previously adopted bylaws.
A. ARTICLE I. MEMBERSHIP
a. The number of members changed from twelve (12) to nine (9) with a sufficient number of
alternate members as recommended by the Board to assist with election day and preelection activities [see Article I. 1-5(a)(1)].
b. A qualification of at least 18 years of age was added in accordance with the Boards,
Committees and Commissions law [see Article I. 1-5(d)(2)].
c. The duties and responsibilities of members were expanded to include duties delegated by
the Election law [see Article I. 1-5(e)].
d. Conference and training requirements were added with specific training areas and
requirements including [see Article I. 1-7]:
• Not more than five (5) full days of training per member annually or as needed
for Robert’s Rules of Order, and
• Not more than three (3) days of training per member per term for other Tribal
affiliated election conferences.
B. ARTICLE II. OFFICERS
a. Additional duties were added to the Chairperson, Vice-Chairperson and Secretary positions
as delegated in the Election law.
b. The Secretary will preside over meetings in the absence of the Chairperson and ViceChairperson [see Article II. 2-4(d)].
c. The Business Committee Support Office was added to assist the Secretary with
administrative duties [see Article II. 2-4(e)].
d. Ad Hoc Committee members were added to maintain a pool of qualified applicants to assist
with duties related to GTC meetings [see Article II. 2-6]. Ad Hoc Committee members
shall:
• Be appointed by the OBC for one (1) year terms with no limitations on the
number of terms served.
• Be required to take an oath of office and abide by all requirements of regular
Board members.
• Be required to possess the same qualifications as members of the Board.
• Receive a stipend in the amount of fifty dollars ($50) for duties performed at
the direction of the Board if all attendance and participation requirements are
met.
• The dissolution of the Ad Hoc Committee will follow the Boards, Committees
and Commissions law.
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e. Non-officer Board member positions of Election Judge, Teller and Clerk were added with
duty descriptions and shall be identified in accordance with the Election law [see Article
II. 2-7 through 2-10].
f. The budgetary and sign off authority and travel section is new to these bylaws based on
requirements in the amended Boards, Committees and Commissions law. This requirement
creates accountability regarding Board action related to travel and authority to make
budgetary decisions [see Article II. 2-11].
C. ARTICLE III. MEETINGS
a. Special meetings were removed, and clarification that no joint meetings with the OBC will
be held was added to the bylaws [see Article III. 3-3] in accordance with the Boards,
Committees and Commissions law [see 105.10-3(c)].
b. A provision was added per the Boards, Committees and Commissions law that the Board
will notify the Nation’s Secretary with notice of the meeting, the reason for the emergency
meeting, and an explanation of why the matter could not wait for a regular meeting [see
Article III. 3-2(b)].
c. The Secretary position was added to create a quorum in the absence of the Chairperson and
Vice-Chairperson [see Article III. 3-4].
d. A provision was added that the Officer position chairing the meeting can only vote to break
a tie [see Article III. 3-6(b)].
e. E-polls were added and will be conducted by the Chairperson or the Vice-Chairperson or
Secretary in the Chairperson’s absence or discretion [see Article III. 3-6(c)] in accordance
with the Boards, Committees and Commissions law.
D. ARTICLE IV. EXPECTATIONS
This section is new to these bylaws based on the requirements established in the Boards, Committees
and Commissions law.
a. Behavioral requirements were added to govern members during Board meetings and Board
related activities [see Article IV. 4-1]. Enforcement of behavioral expectations include
sanctions and/or penalties according to any applicable law of the Nation, removal petition
if elected and recommendation from the Board for termination of appointment by the OBC
[see Article IV. 4-1(d)].
a. Intentional acts of violence that inflicts, attempts to inflict or threatens to inflict emotional
or bodily harm or damage to property are prohibited and violations could result in a
termination from the Board [see Article IV. 4-2].
b. Drug and alcohol use by a Board member when acting in an official capacity is prohibited
[see Article IV. 4-3].
c. Board members are required to follow the laws and policies of the Nation with respect to
Social Media. Board members are prohibited from posting Board information on his or
her Facebook page or other social media outlet [see Article IV. 4-4].
d. The Board will be required to abide by all laws of the Nation regarding Conflict of Interest
[see Article IV. 4-5]. The Board bylaws include a provision that requires a conflicted
member to recuse himself or herself from participation in Board activities if they or an
immediate family member are a petitioner, applicant or candidate in an election or for any
other conflict [see Article IV. 4-5(a)]. Conflicts will be decided by majority vote of the
Board [see Article IV. 4-5(b)]. This aligns with the Conflict of Interest law of the Nation
which allows for entities to outline further prohibited activities resulting in conflicts of
interest [see O.C. 217.7-2].
• The current bylaws contain a term and definition for “related to” and this term
and definition was removed [see footnote on page 3]. A new term for
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“immediate family member” was used in the current draft bylaws but a
definition was not included.
E. ARTICLE V. STIPENDS AND COMPENSATION
a. This section provides a list of eligible stipends members of the Board are eligible to receive,
in addition to clarification that a full day of training is required to receive a training stipend
[see Article V. 5-1]. This section complies with Resolution BC-09-26-18-D.
F. ARTICLE VI. RECORDS AND REPORTING
a. The requirement was added that agenda items will follow a consistent format provided by
the Business Committee Support Office (BCSO) [see Article VI. 6-1].
b. The requirement was added to submit minutes to the BCSO within five (5) days of the
meeting [see Article VI. 6-2(a)].
c. Clarification was added that attachments will be filed with the minutes and kept
electronically in the Board’s shared folder [see Article VI. 6-3].
d. A provision was added that the Board will meet with the OBC Liaison as jointly agreed
upon [see Article VI. 6-4].
e. A requirement was added in accordance with the Boards, Committees, and Commissions
law that all meetings are to be audio recorded and audio files maintained by the BCSO.
Executive session is not required to be recorded. The BCSO will supply the recording
device [see Article VI. 6-5].
G. ARTICLE VII. AMENDMENTS
a. A provision was added requiring that amendments follow the Boards, Committees and
Commissions law and any other policy of the Nation and that the Board review the bylaws
from time to time but no less than each time a Board vacancy is filled by a new member
[see Article VII. 7(a) and (c)].
SECTION 5. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS
There are no conflicts between these bylaws and the Oneida Code of Laws. Below is a detailed list of laws
that establish requirements related to boards, committees and commissions generally and the Board
specifically.
A. Election [see O.C. Chapter 102]
a. The Election law governs the procedures for the conduct of orderly elections of the Nation,
including pre-election activities such as caucuses and nominations [see 102.1-1]. This law
defines the duties and responsibilities of the Board members and other persons employed
by the Oneida Nation in the conduct of elections. The law governs all procedures used in
the election process [see 102.1-2]. The law creates the Board, defines their role, contains
requirements related to how the Board functions, establishes qualifications of Board
members and specific duties, establishes term of member as well as the election procedures
and reporting requirements. The bylaws comply with the requirements established in the
Election law and there are no conflicts between the bylaws and the Election law.
B. Boards, Committees and Commissions [see O.C. Chapter 105]
a. This law establishes all requirements related to elected and appointed boards, committees
and commissions of the Nation; excluding the OBC or standing committees of the OBC
and the Nation’s corporations. The law governs the procedures regarding the appointment
and election of persons to boards, committees and commissions, creation of bylaws,
maintenance of official records, compensation, and other items related to boards,
committees and commissions. The Board is elected by the Nation’s qualified voting
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membership and vacancies are appointed by the OBC for the duration of the unexpired
term. The requirements for the Board bylaws are contained in this law as well as a
requirement that all existing entities of the Nation comply with the format detailed in the
law and present the bylaws for adoption by the OBC within a reasonable timeframe. These
bylaws comply with the Boards, Committees and Commissions law and there are no
conflicts between the bylaws and the Boards, Committees and Commissions law.
C. Removal Law [see O.C. Chapter 104]
a. This law governs the removal process related to an elected Board member from the Board.
Board members that are elected by the qualified voting membership of the Nation are
subject to this law. This law contains due process measures related to specific causes for
removal, petition requirements, preliminary review by the Judiciary, a hearing that includes
potential witnesses and a burden of proof by a person seeking the removal by clear and
convincing evidence that ground(s) for removal exist and a Special GTC Meeting that
requires a 2/3 affirmative majority vote. The Board bylaws include additional behavioral
expectations that if not followed may result in a petition for removal [see Article IV. 41(d)]. This aligns with the Boards, Committees and Commissions law [see Boards,
Committees and Commissions law, O.C. Chapter 105.10-3(d)]. There are no conflicts
between these bylaws and the Removal Law.
D. Code of Ethics [see O.C. Chapter 103]
a. The Board members are required to abide by the Code of Ethics law and Article IV of the
bylaws addresses the behavioral expectations of members, some of which are covered in
the Code of Ethics law. This law promotes the highest ethical conduct from elected and
appointed government officials and expects that officials will demonstrate the highest
standards of personal integrity, truthfulness, honesty, and fortitude in all public activities
to inspire public confidence and trust in the governmental officials of the Oneida Nation.
Government officials are also expected to adhere to the laws, customs, and traditions of the
Nation. There are no conflicts between these bylaws and the Code of Ethics.
E. Social Media Policy [see O.C. Chapter 218]
a. This law applies to the Board and regulates social media accounts including how content
is managed and who has authority to post on social media on behalf of the Nation. The
Board must register social media accounts with the Nation’s Secretary’s Office to include
specific information related to access to the account, acknowledgment and compliance with
the Computer Resource Ordinance and this policy, use a Nation issued email address or
ask for the Secretary to allow the entity to operate the account utilizing the current e-mail
address, and ensure all content complies with all applicable laws of the Nation, state or
federal laws. The bylaws prohibit Board members from posting Board information to their
Facebook or any other social media outlet [see Article IV. 4-4(a)]. There are no conflicts
between the bylaws and the Social Media Policy.
F. Computer Resources Ordinance [see O.C. Chapter 215]
a. Board members are considered users under this law which regulates and ensures
appropriate the use of the Nation’s computer resources. There are no conflicts between
these bylaws and the Computer Resources Ordinance.
G. Travel and Expense Policy [see O.C. Chapter 219]
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a. Board members are eligible to be reimbursed for travel and per diem expenses to attend an
approved conference or training in accordance with this policy. There are no conflicts
between the bylaws and the Travel and Expense Policy.
H. Conflict of Interest [see O.C. Chapter 217]
b. This law applies to the Board and establishes specific limitations to which information or
materials that are confidential or may be used by a competitor of the Nation’s enterprises
or interests may be used to protect the interests of the Nation. The Boards, Committees
and Commissions law establishes that amended bylaws require members to disclose
potential or real conflicts annually [see O.C. Chapter 105]. The Board bylaws include a
provision that requires a conflicted member to recuse himself or herself from participation
in Board activities if they or an immediate family member are a petitioner, applicant or
candidate in an election or for any other conflict [see Article IV. 4-5(a)]. Conflicts will be
decided by majority vote of the Board [see Article IV. 4-5(b)]. This aligns with the Conflict
of Interest law of the Nation which allows for entities to outline further prohibited activities
resulting in conflicts of interest [see O.C. 217.7-2]. There are no conflicts between the
bylaws and the Conflict of Interest law.
I. Open Records and Open Meetings [see O.C. Chapter 107]
a. The Board must comply with the Open Meetings and Open Records law. This law details
how records must be maintained. The Board bylaws delegates the maintenance of the
records to the Secretary [see Article II. 2-4(a)]. Portions of the Board meetings may be
considered closed meeting sessions if exception in this law related to personnel matters or
contracts are being discussed and deemed confidential. There are no conflicts between the
bylaws and the Open Records and Open Meetings law.
J. Budget Management and Control [see O.C. Chapter121]
a. The Board is considered a fund unit of the Nation under this law. Fund unit managers are
required to develop, submit and maintain a triennial strategic plan for the fund unit’s
operations which aligns with the triennial strategic plan established by the OBC. The
Board is required to comply with this law. There are no conflicts between the bylaws and
the Budget Management and Control law.
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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
March 4, 2019
Oneida Police Commission By-Laws
Amendments
Submission Date: 10/03/18
LOC Sponsor: David P. Jordan
Public Meeting: n/a
Emergency Enacted: n/a
Expires: n/a
Summary: On September 26, 2018, the Oneida Business Committee (“OBC”) adopted the
Boards, Committees and Commissions law (“Law”) through resolution BC-09-26
-18-C, titled Amendments to the Comprehensive Policy Governing Boards,
Committees and Commissions. Per Section 105.10 of the Law, within a reasonable
time after its adoption, all existing boards, committees and commissions of the
Nation must present bylaws for adoption that comply with the format and contain
the minimal amount of information prescribed in the Law. In resolution BC-09-26
-18-C, the OBC gave the Nation’s boards, committees and commissions six (6)
months from the date of the Law’s adoption to present their bylaws. The OBC
further directed that, within thirty (30) days of the Law’s adoption, the Legislative
Reference Office hold at least two (2) informational bylaws meetings with the
boards, committees and commissions for purposes of: (1) providing them with an
update on the revised bylaws requirements that resulted from the Law’s adoption;
(2) providing them with a template for the development of their revised bylaws;
and (3) offering them any assistance in the development and drafting of their
revised bylaws.
10/3/18 LOC: Motion by Ernest Stevens III to add Oneida Police Commission By-Laws
Amendments to the Active Files List; Seconded by Kirby Metoxen. Motion carried
unanimously.
10/17/18:
Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Jennifer Webster, Dale Webster (ONCOA), Marlene Summers (ONCOA), Lois
Strong (ONCOA), Sandra Reveles (OPC), Carol Silva (OPC), Brook Doxtator
(OBCSU), Bonnie Pigman (OTEC), Chad Wilson (ERB), Dylan Benton (OTEC/
Library), Chris Cornelius (OLC). Per resolution BC-09-26-18-C, adopting the
amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a the Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the Nation’s boards, committees
and commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
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boards, committees and commissions to use when revising their respective bylaws;
and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the first of the two informational meetings.
10/24/18:
Informational Meeting. Present: Jennifer Falck, Kristen M. Hooker, Maureen Perkins,
Clorissa Santiago, Donald McLester (OLC), Chris Cornelius (OLC), Ronald King, Jr.
(PFSC), Jeanette Ninham (PFSC), Vicki Cornelius (OEB & Powwow), Bonnie
Pigman (OTEC), Lisa Liggins (School Board & OTEC), Rochelle Powless (ONCOA),
Terry Hetzel (HRD), Patty Hoeft (Oneida Law Office), Brooke Doxtator (OBCSO),
Arthur Elms (SEOTS), Diane Hill (SEOTS). Per resolution BC-09-26-18-C, adopting
the amendments to the Comprehensive Policy Governing Boards, Committees and
Commissions (n/k/a the Boards, Committees and Commissions law), the LRO was
directed to hold two (2) informational meetings for the boards, committees and
commissions to provide them with: (1) an update on the new bylaws requirements
mandated by the Boards, Committees and Commissions law; (2) a template for the
boards, committees and commissions to use when revising their respective bylaws;
and (3) assistance to the boards, committees and commissions in the development and
drafting of their bylaws. This was the second of the two informational meetings.
1/31/19:
LOC Work Meeting. Present: Kristen M. Hooker, Maureen Perkins, Jennifer Falck,
David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman-King. The
purpose of this meeting was to go through the draft of the Oneida Police Commission’s
proposed bylaws amendments that were finalized following a review by the LRO staff
attorney and submitted for legislative analysis in accordance with the Boards,
Committees and Commissions law/resolution BC-09-26-18-C.
Next Steps:
▪ Accept the Oneida Police Commission By-Laws Amendments.
▪ Forward the Oneida Police Commission By-Laws Amendments to the Oneida Business
Committee for consideration.
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HANDOUT
ONEIDA POLICE COMMISSION BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Police Commission and may be referred
to as the Police Commission.
1-2.
Establishment. The Police Commission was established under the Oneida Nation Law Enforcement
Ordinance, adopted by the Oneida Business Committee through resolution BC-1010-01-C and amended by resolution BC-02-25-15-C.
1-3.
Authority.
(a)
(b)
Purpose of Entity. The purpose of the Police Commission is to regulate the conduct
of the Oneida Nation law enforcement personnel according to the highest
professional standards. The Police Commission was established to provide oversight
regarding the activities and actions of the law enforcement operations to provide the
greatest possible professional services to the Oneida community and to allow for
community input regarding those law enforcement services through its
representatives on the Police Commission. The Police Commission is an oversight
body and does not involve decision making processes on day-to-day activities of
those law enforcement services.
Powers and Duties. The Police Commission has all delegated authority established
through the laws, policies, rules and resolutions of the Nation, including but not
limited to, the Oneida Nation Law Enforcement Ordinance.
1-4.
Office.
The official mailing address of the Police Commission shall be:
Oneida Police Commission
P.O. Box 365
Oneida, WI 54155
1-5.
Membership.
(a)
Number of Members. The Police Commission shall consist of five (5) members.
(b)
Appointed. All members of the Police Commission shall be appointed in accordance
with the Boards, Committees and Commissions law to serve a five (5) year term.
(1)
Members of the Police Commission may serve more than one (1) term, but
not more than three (3) consecutive terms.
(2)
The Chairperson of the Police Commission shall provide the Oneida Business
Committee with a recommendation on all applications for appointment
before the executive session in which the appointment is intended to be made.
(A)
The Chairperson shall include in the recommendation whether the
applicant meets the qualifications set forth in these bylaws.
(c)
Vacancies. Vacancies on the Police Commission shall be filled by appointment by
the Oneida Business Committee in accordance with the Boards, Committees and
Commissions law.
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(1)
(d)
(e)
The Chairperson of the Police Commission shall provide the Oneida Business
Committee with a recommendation on all applications for appointment to fill
a vacancy before the executive session in which the appointment is intended
to be made.
(A)
The Chairperson shall include in the recommendation whether the
applicant meets the qualifications set forth in these bylaws.
(2)
Resignations. A member may resign from the Police Commission at any time
verbally at a meeting or by delivering written notice to the Oneida Business
Committee Support Office and the Police Commission Chairperson or his/her
designee.
(A)
A resignation is effective upon acceptance by motion of a member’s
verbal resignation or upon delivery of the written notices.
(B)
A replacement member shall hold office through the unexpired
portion of the term of the member whom he or she has replaced.
Qualifications. All Police Commission members:
(1)
Must be an enrolled member of the Oneida Nation.
(2)
Must be twenty-five (25) years of age or older.
(3)
Must submit to a complete background investigation. The following would
disqualify any person from serving on the Oneida Police Commission:
(A)
A felony conviction in the State of Wisconsin or any conviction of a
crime in another state that would be considered a felony conviction if
the offense and adjudication occurred in the State of Wisconsin.
(B)
A felony arrest which results in a misdemeanor conviction due to a
plea arrangement.
(C)
A conviction of any ordinance violation that could bring discredit to
the Police Commission, including, but not limited to:
i.
Domestic Abuse; or
ii.
Child Abuse.
(D)
Any pardon issued by the Nation or the governor of any state for an
offense specified above shall not deem a person as “exonerated” for
the purposes of membership on the Police Commission.
(4)
Must submit to drug testing prior to appointment and on an annual basis.
(5)
Must not be an employee of the Oneida Police Department or have been
terminated from the Oneida Police Department.
(6)
Must be a person of known good standing in the community.
Duties/Responsibilities.
(1)
Members shall attend regular Police Commission meetings, emergency
meetings, trainings and conferences as directed by the Police Commission.
(2)
Members shall provide direction; participate in discussion; review Police
Commission reports and minutes prior to the meetings; and perform other
duties assigned by the Police Commission.
(3)
Attendance. The Police Commission has high expectations when it comes to
attendance; therefore, attendance will be closely monitored.
(A)
Six (6) excused absences of a member from any duly called meeting
of the Police Commission within a one (1) year period may be cause
for a recommendation by the Police Commission to the Oneida
Business Committee for termination of that member in accordance
with the Boards, Committees and Commissions law.
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(B)
(4)
1-6.
Four (4) unexcused absences of a member from any duly called
meeting of the Police Commission within a one (1) year period shall
be cause for a recommendation by the Police Commission to the
Oneida Business Committee for termination of that member in
accordance with the Boards, Committees and Commissions law.
i.
Failure to contact the Police Commission or staff at least
fifteen (15) minutes before a duly called meeting of the Police
Commission constitutes an unexcused absence.
Members shall perform all other responsibilities assigned under the Oneida
Law Enforcement Ordinance, including, but not limited to:
(A)
Appointing, suspending or removing the Police Chief of the Oneida
Police Department;
(B)
Approving all law enforcement officer appointments made by the
Police Chief including the promotion of subordinates;
(C)
Adopting, modifying and repealing rules governing how lists of
individuals, deemed eligible for appointment to law enforcement
officer and promotion, are established;
(D)
Approving competitive examinations used to judge suitability for
appointment or promotion of law enforcement officers;
(E)
Approving an eligibility list of individuals determined to be eligible
for appointment as a law enforcement officer or promotion;
(F)
Suspending law enforcement officers or other appointed personnel of
the Oneida Police Department pending the filing and hearing of
charges against them;
(G)
Initiating charges against law enforcement officers or other appointed
personnel of the Oneida Police Department;
(H)
Hearing charges filed against law enforcement officers or other
appointed personnel of the Oneida Police Department, whether filed
by the Police Commission or the Police Chief, making findings and
determinations, and imposing penalties, up to and including
termination;
(I)
Hearing appeals of disciplinary actions against any law enforcement
personnel or non-sworn personnel;
(J)
Adopting rules governing the Police Commission’s management of
its own activities;
(K)
Reviewing and forwarding for approval contracts to the Oneida
Business Committee relating to cross-deputization, dispatch function
and mutual aid pacts which are made between the Oneida Police
Department and a non-tribal agency; and
(L)
Approving Standard Operating Procedures of the Oneida Police
Department.
Termination. A member of the Police Commission may be terminated in accordance with the
Boards, Committees and Commissions law.
(a)
The Police Commission may recommend termination of a member from the Police
Commission to the Oneida Business Committee for the following:
(1)
Misconduct or wrong doing as a member of the Police Commission;
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(2)
(3)
(4)
(5)
1-7.
Conduct which could jeopardize the reputation of the Oneida Nation, the
Police Commission or the law enforcement system;
Any change in status which would place the member of the Police
Commission in conflict with the qualifications for membership set forth in
these bylaws;
Violation of the confidentially of closed hearings or any other information
declared “confidential” by the Police Commission; and
A disclosure of confidential information acquired by reason of a member’s
relationship or status with the Police Commission for personal advantage,
gain or profit, or for the advantage, gain or profit of a member’s relative or
associate.
Trainings and Conferences. Contingent upon funding, the following trainings/conferences shall be
mandatory for members of the Police Commission:
(a)
1-4 HRD training to save on any travel;
(b)
Investigation Case Management;
(c)
National Alliance for Drug Endangered Children;
(d)
Legal Responsibilities;
(e)
Protecting Due Process;
(f)
Confidentiality and Reporting;
(g)
Disciplinary Measures;
(h)
Report Writing;
(i)
Ethics;
(j)
Hearings;
(k)
Gangs;
(l)
Youth Interaction;
(m)
Suicide;
(n)
School Threats;
(o)
First Responders;
(p)
Evidence Processing;
(q)
Drug Related Death;
(r)
Interviews and Child Death;
(s)
Crime Scene;
(t)
Unresolved Cases;
(u)
Prosecution and Role of the Prosecutor;
(v)
Media Relations;
(w)
Cultural Differences to Build Stronger Communities;
(x)
Terrorism & Police Measures;
(y)
Victim Assistance;
(z)
Shared Jurisdiction;
(aa) Consent Searches;
(bb) Substance Abuse Prevention;
(cc) Case Study;
(dd) Trauma;
(ee) UWSP Outreach Annual Crisis Conference;
(ff)
UWGB Training; and
(gg) UW – Fox Valley Training.
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(1)
Article II. Officers
2-1. Officers.
Reimbursement for conferences and trainings shall be in accordance with the
Boards, Committees and Commissions law.
The Officer positions of the Police Commission shall consist of a Chairperson, a
Vice-Chairperson and a Secretary.
2-2.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the Chairperson
are as follows:
(a)
Shall, with the assistance of the Secretary, be responsible for calling meetings and
notifying members of the Police Commission;
(b)
Shall preside over all meetings and hearings of the Police Commission;
(c)
Shall sign or designate one to sign all official Police Commission documents;
(d)
Shall be the liaison to the Business Committee and other department heads;
(e)
Shall seek clearance from the Oneida Business Committee via the Communications
Department for any media requests made of the Police Commission per the
Communications Department Media Policy;
(f)
Shall perform any and all duties assigned by the Police Commission;
(g)
Shall submit the recommendations for appointment referred to in section 1-5 and
conduct the e-polls referred to section 3-6 of these bylaws; and
(h)
Shall, with assistance of the Secretary or through a designee of the Chairperson,
submit annual and semi-annual reports to the General Tribal Council, as well as
quarterly reports to the Oneida Business Committee, as required by the Boards,
Committees and Commissions law and shall attend all Oneida Business Committee
meetings in which the quarterly report is an agenda item.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the ViceChairperson are as follows:
(a)
Shall preside at all meetings in the absence of the Chairperson and appoint a ViceChairperson for that meeting;
(b)
Shall be responsible for conducting e-polls in the absence of the Chairperson.
(c)
Shall work with the Chairperson in all matters that concern the Police Commission;
and
(d)
In the event of the resignation, removal from office or death of the Chairperson, shall
assume the role of Chairperson until such time as the Chairperson’s term would have
expired.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the Secretary are as
follows:
(a)
Shall keep accurate minutes of all regular, emergency and joint meetings, assuring
that the minutes are reported in proper format and consistent with the Boards,
Committees and Commissions law;
(b)
Shall assist the Chairperson with the calling and notification of meetings and the
submission of the annual, semi-annual and quarterly reports required by the Boards,
Committees and Commissions law;
(c)
Shall ensure that all standard operating procedures established by the Police
Commission are submitted to the Oneida Business Committee Support Office; and
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(d)
In the absence of the Chairperson and the Vice-Chairperson, shall preside over all
meetings until the immediate election of a Chair Pro Tem.
2-5.
Selection of Officers. The Officers shall serve terms of one (1) year and shall be elected by a majority
vote of the quorum at the annual meeting which shall be held in September of each
year. Terms of office run from the beginning of the fiscal year.
(a)
Officers may hold only one (1) Officer position at a time.
2-6.
Budgetary Sign-Off Authority and Travel. The Police Commission shall follow the Nation’s policies
and procedures regarding purchasing and sign-off authority.
(a)
When the Chairperson is unavailable, all members shall have sign-off authority and
staff sign-off authority is based on the type of document, the level and authorized
sign-off will vary.
(b)
Travel requests on behalf of the Police Commission shall be approved by majority
vote of the quorum in attendance at a duly called meeting or subsequently approved
at the next regular meeting.
2-7.
Personnel.
(a)
(b)
The Police Commission has the authority to hire personnel for the benefit of the
Police Commission so long as such position is provided for in the annual Police
Commission budget.
The hiring of personnel shall be done in accordance with the Oneida Personnel
Policies and Procedures.
Staff of the Oneida Police Commission.
(1)
The Administrative Assistant shall be the Executive Administrator of the
Police Commission and shall be supervised and evaluated by the Chairperson
or the Chairperson’s designee from the Police Commission.
(2)
The Executive Administrator shall read and answer all mail and abide by the
decision of the Police Commission.
(3)
The Executive Administrator must meet the requirements of the Police
Commission’s job description for the position.
(4)
The Executive Administrator shall report at each monthly meeting on the
financial status of the Police Commission’s budget.
Article III. Meetings
3-1. Regular Meetings. The physical meeting place shall be determined at the first meeting of the Police
Commission and may change from time to time as determined by the Police
Commission but shall be within the Oneida Nation Reservation boundaries unless
noticed to the membership prior to designating the meeting location.
(a)
The regular meetings of the Police Commission shall be held on the fourth (4th)
Wednesday of every month. If the fourth (4th) Wednesday of the month falls on a
holiday, then an alternative date may be selected by the Police Commission.
(b)
Notice of meeting location, agenda, documents and minutes shall be forwarded by
the Chairperson with the assistance of the Executive Administrator.
(c)
Interview meetings. Additional meetings for the purpose of the applicant interviews
for Police Chief or law enforcement officers may be called by the Chairperson with
approval of a majority of the membership quorum.
3-2.
Emergency Meetings.
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(a)
(b)
An emergency meeting shall be called to address specific issues of the Police
Commission that will be identified in the notice for the meeting when time sensitive
issues require immediate action.
(1)
Emergency meetings shall require at least a twenty-four (24) hour verbal or
written notice to each member of the Police Commission by the Chairperson
or the Chairperson’s designee.
Within seventy-two (72) hours after an emergency meeting, the Police Commission
shall provide the Nation’s Secretary with notice of the meeting, the reason for the
emergency meeting, and an explanation of why the matter could not wait for a regular
meeting.
3-3.
Joint Meetings. Joint meetings with the Oneida Business Committee will be held at the Norbert Hill
Center, Business Committee Conference Room and will be requested by the
Chairperson based on need or if requested by the Oneida Business Committee.
The Chairperson of the Police Commission shall provide notice of meeting agenda,
(a)
documents and minutes for joint meetings requested by the Police Commission and
the Oneida Business Committee Support Office shall provide notice of meeting
agenda, documents and minutes for joint meetings requested by the Oneida Business
Committee.
(b)
Notice of meeting agenda, documents and minutes shall be provided by email.
3-4.
Quorum.
3-5.
Order of Business. The regular meetings of the Police Commission shall follow the order of business
as set out herein:
(a)
Call to order
(b)
Approval of the agenda
(c)
Approval of the minutes
(d)
Correction and approval of the minutes
(e)
Correspondence and mail
(f)
Standing and Special Committee Reports
(g)
Old business
(h)
New business
(i)
Other
(j)
Adjournment
(1)
To facilitate the Police Commission’s proceedings, the order of business may
be amended or suspended at any time by a majority of the member quorum.
(2)
Executive Session. During any meeting, with proper notice, an executive
session may be called by any single member of the Police Commission for
the purpose of a confidential nature. Executive sessions are limited to
members and such invited persons as the Police Commission deems
necessary. The meeting must be returned to “open session” following the
“executive session”.
3-6.
Voting.
A quorum shall consist of three (3) members which shall include an Officer. In the
absence of the Chairperson and Vice-Chairperson, the Secretary may call the meeting
to order and preside until the immediate election of a Chair Pro Tem.
Decisions of the Police Commission shall be based on a majority vote of the quorum
present at a regular or emergency meeting.
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(a)
(b)
The Chairperson or Officer presiding at the meeting in the Chairperson’s absence
shall vote only in the case of a tie.
E-Polls are permitted and shall be conducted in accordance with the requirements
listed in the Boards, Committees and Commissions law.
(1)
In the Chairperson’s absence, the Vice-Chairperson shall serve as the
designee for conducting e-polls.
Article IV. Expectations
4-1. Behaviors of Members. Members of the Police Commission shall act in accordance with the Oneida
Code of Ethics.
(a)
Enforcement. Any member of the Police Commission found to be in violation of
these bylaws may be subject to a recommendation from the Police Commission to
the Oneida Business Committee for termination of that member in accordance with
the Boards, Committees and Commissions law and/or the imposition of sanctions
and/or penalties according to the laws and policies of the Nation governing sanctions
and penalties for appointed officials.
4-2.
Prohibition of Violence. Intentionally violent acts committed by a member of the Police
Commission that inflicts, attempts to inflict, or threatens to inflict emotional or
bodily harm on another person, or damage to property, during a meeting or when
acting in an official capacity are strictly prohibited and grounds for an immediate
recommendation for termination of appointment from the Police Commission and/or
the imposition of sanctions and/or penalties according to the laws and policies of the
Nation governing sanctions and penalties for appointed officials.
4-3.
Drug and Alcohol Use. Use of alcohol and prohibited drugs by members of the Police Commission
when acting in their official capacity is strictly prohibited. Prohibited drugs are
defined as marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP),
hallucinogens, methaqualone, barbiturates, narcotics, and any other substances
included in Schedules I through V, as defined by Section 812 of Title 21 of the United
States Code. This also includes prescription medication or over-the-counter medicine
used in an unauthorized or unlawful manner.
4-4.
Social Media. Police Commission members shall abide by the Nation’s Social Media Policy.
4-5.
Conflict of Interest. Police Commission members shall abide by all laws of the Nation governing
conflicts of interest. Members must submit a Conflict of Interest form upon Oath of
Office and annually.
Article V. Stipends and Compensation
5-1. Stipends.
Police Commission members are eligible for the following stipends as set forth in
the Boards, Committees and Commissions law and resolution BC-09-26-18-D, titled
Boards, Committees and Commissions Law Stipends:
(a)
A stipend for attending a duly called meeting of the Police Commission for up to one
(1) meeting per month.
(b)
A stipend for attending a hearing of the Oneida Judiciary if the member’s attendance
at the hearing is required by official subpoena.
(c)
A stipend for conducting an official hearing of the Police Commission.
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(d)
(e)
5-2.
A stipend for attending a duly called joint meeting between the Police Commission
and the Oneida Business Committee.
A stipend for each full day a member is present at a conference or training when
attendance at the conference or training is required by law, bylaws or resolution.
Compensation. Besides per diem and travel expenses authorized by the Nation’s polices, members
of the Police Commission shall not be eligible for any other form of compensation
for duties/activities they perform on behalf of the Police Commission.
Article V1. Records and Reporting
6.1.
Agenda Items. Agenda items shall be maintained in the format provided by the Oneida Business
Committee Support Office.
6-2.
Minutes.
(a)
Minutes shall be typed in the format provided by the Oneida Business Committee
Support Office to generate the most informative record of the meetings of the Police
Commission.
All minutes shall be submitted to the Oneida Business Committee Support Office
within thirty (30) calendar days of the Police Commission’s approval.
6-3.
Attachments. Handouts, reports, memoranda and the like may be kept separately, provided that all
materials can be identified to the meeting in which they were presented.
6-4.
Oneida Business Committee Liaison. The Chairperson shall regularly report to the Oneida Business
Committee member who is the Police Commission’s designated liaison.
(a)
The reporting format and frequency for communication shall be as the liaison and
the Police Commission agree to, but not less than that required in any law of the
Nation or policy on reporting developed by the Oneida Business Committee or
Oneida General Tribal Council.
(b)
Reports shall be made within a reasonable time after a meeting is held, or as the
Oneida Business Committee member liaison and the Police Commission agree,
provided that the agreement is aimed at upholding the ability of the liaison to act as
a support to the Police Commission.
6-5.
Audio Recordings. All meetings of the Police Commission shall be audio recorded using a recording
device approved and/or supplied by the Oneida Business Committee Support Office.
The audio recordings shall be sent to the Oneida Business Committee Support Office
quarterly, for purposes of maintaining, when the minutes are approved by the Police
Commission.
(a)
Audio recordings of executive session portions of a meeting are not required.
Article VII. Amendments
7-1. Amendments to the Bylaws. Amendments shall be made to these bylaws at a regular meeting of the
Police Commission provided that written notice of proposed amendments was given
at a prior regular meeting and that the amendments conform to the Boards,
Committees and Commissions law, as well as any other policy of the Nation.
(a)
Amendments are effective upon adoption of the Police Commission and approval by
the Oneida Business Committee.
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(b)
The Police Commission shall review these bylaws from time to time as needed, but
no less than each time a vacancy on the Police Commission is filled by a new
member.
These bylaws as amended and revised are hereby attested to as adopted by the Oneida Police Commission
at a duly called meeting by the Chairperson’s signature on this ____ day of ___________, 2019
_________________________________
Chairperson, Oneida Police Commission
and by approval of the Oneida Business Committee at a duly called meeting held on this ________ day of
__________________________, 2019 by the Secretary of the Oneida Business Committee’s signature.
__________________________________
Secretary, Oneida Business Committee
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Oneida Police Com1nission
By-Laws
3
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5 Article I. Authority
6 1.1. Name. The name of this entity shall be the Oneida Police Commission and may be refen-ed to as the Police
7 Commission.
8 l-2. Authority. This entity was established under the Oneida Law Enforcement Ordinance, adopted by BC
9 Resolution# l 0-10-01-C.
10 1-3. Office. The official mailing address of this entity shall be:
11
Oneida Police Commission
P.O. Box 376
12
Oneida, WI 54155
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14 1-4. Membership. The Police Commission will be made up of five (5) Oneida Tribal members:
(a) How appointed. All members of the Police Commission shall be appointed by the Oneida Business
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Committee. All appointments to the Police Commission shall be for five (5) year terms.
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(b) How vacancies are filled Vacancies on the Police Commission shall be filled by appointment by
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the Oneida Business Committee in accordance with the Comprehensive Policy Governing Boards,
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Committees and Commissions.
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(c) Qualifications. All Police Commission members:
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(1) Must be a member oft!K O:ieida Tribe.
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(2) Must be 25 years of age or older.
(3) Must submit to a complete background investigation. The following would prohibit any
person
from serving on the Oneida Police Commission:
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(A) A felony conviction in the State of Wisconsin or any conviction of a crime in another
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state that would be considered a felony conviction if the offense and adjudication occurred
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in the State of Wisconsin.
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(B) A felony arrest which results in a misdemeanor conviction due to a plea
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arrangement.
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(C) A conviction or any ordinance violation that could bring discredit to the Commission.
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(D) Any pardon issued by the Oneida Tribe or the governor of any Sime, for an offense
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in section 1-4(c)(3)(A)-(C) shall not deem a person as "exonerated" for the
specified
32
purposes of membership on the Oneida Police Commission.
(4)
Must
submit to drug testing prior to appointment and on an annual basis.
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(5) Must not be an employee of the Oneida Police Department
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(6) Shall attend applicable 1raini1cg.
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(7) Must be a person of known good stanc!ing in the community
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(d) Removal/i-om office. In addition to the Removal Law standards, a Commissioner may be removed
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for:
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(1) Malfeasance in office.
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(2) Conduct which could jeopardize the rq1'.1ta1io,1 uf the Oneida Tribe. the Oneida Police
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c~ the law enforcement system.
Commission
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4)
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(3) Any change in status which would place the Commissioner in conflict with the qualifications
specified in section 1-4(c).
(4) Violation of the confidentially of closed hearings or any other information declared
"confidential" by the Oneida Police Commission ..
(e) Resignation. Resignations from the Police Commission shall be in writing and presented to the
Police Commission for acceptance.
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50 Article II. Officers
51 2-1. Officers. This entity shall have three (3) officers - President, Vice-President and Secretary/Treasurer.
52 2-2. President Duties. Responsible for calling meetings and notifying members with the assistance of the
53 Secretary/Treasurer. The President shall preside over all regular and special meetings, shall sign all official
54 Police Commission documents, shall be the liaison to the Business Committee and other departments heads and
55 shall perform any and all duties assigned by the Police Commission. The President shall seek clearance from
56 the Oneida Business Committee via the Communications Department for any media requests made of the Police
57 Commission per the Communication Department Media Policy.
58 2-3. Vice-President duties. The Vice-President shall preside at all meetings in the absence of the President and
59 appoint a Vice-President fo, that meeting. The \!icc-Presicknt shal: work with the Presidem in all matters that
60 concern the Police Commission. In the event of the resignation, removal from office or death of the President,
61 the Vice-President shall assume the role of President until such time as the term of the President would have
62 expired.
63 2-4. Secretary/Treasurer Duties. The SecretaryiTreasu.rer shall keep accurate minutes of all meetings, both
64 regular and special, assuring that the minutes are reported in the proper format. The Secretary/Treasurer shall
··eacl and answer all mail abiding by/to the decision of the Police Commission. The Secretary/Treasurer shall
,, ,. report at each monthly meeting on the financial statu~ of the Police Commission's fonds.
67 2-5. HmF chosen and length of term. The officers shall serve terms of one (l) year and shall be elected by a
68 rnaJority vote at the annual meeting which shall be held in September of each year. Terms of office run from the
69 beginning of the fiscal year. No officer shall serve for more than two (2) consecutive terms. ln the event of a
70 vacancy, the successor shail be appointed by the Police Commission for the duration of the unexpired term.
71 2-6. Personnel. Any and all hiring of personnel shall be done in accordance with all applicable Oneida personnel
72 policies and procedures and shall be dependent on available fonding.
73
74 Article III. Meetings
75 3-1. Regular meetings. The physical meeting place shall be detennined at the first meeting of this entity and may
76 change from time to time as determined by the entity but shall be within the Oneida Nation Reservation
77 boundaries unless noticed to the membership prior to designating the meeting location.
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(a) The regular meeting of the Police Commission shall be held on the first (I") Thursday of every month.
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If the first (1 ") Thursday falls on a holiday, then an alt<ornative date may be selected by the Commission.
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(b) Notice of meeting location, agenda and materials shall be forwarded by the President with the
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assistance of the Secretary /Treasurer.
82 3-2. Emergency/Special meetings. Special meetings may be called by the President or any three (3) members
83 with at least a one (1) day notice.
84 3-3. Interview meetings. Additimial meetings for the purpose of applicant interviews may be called by the
85 President with the approval of a majority of the membership.
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86 3-4. Quorum. A quorum shall consist of three (3) members which shall include the President or the Vice:>resident.
1So 3-5. Order of Business. The regular meetings of the Police Commission shall follow the order of business as
89 set out herein:
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(a) Call to order
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(b) Approval of the Agenda
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(c) Reading of Minutes
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(d) Correction and Approval of Minutes
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(e) Correspondence and Mail
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(f) Standing aud Special Committee Reports
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(g) Old Business
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(h) New busine,1s
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(i) Other
(j) Adjournment
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I 00 In order to facilitate the Police Commission's proceedings, the order of business may be amended or suspended
IO I at any time by a majority of the members.
I 02 3-6. Closed Session. During any meeting, with proper notice, a closed session may be called for by any single
I 03 member of the Police Commission for the purpose of discussing matters of a confidential nature. Closed
104 Sessions are limited to members wd such invited persons as the Police Commission deems necessary. The
l 05 meeting must be returned to "open session" follovnng the ''closed session."
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I 07 Article IV. Stipend
1-· 1--1. All members of the Police Commission shall receive reimbursement for expenses and stipends as set out
i. ,n this Article according to procedures for payment as set by the Comprehensive Policy Governing Boards,
110 Committees, m1d Commissions.
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(.::) Members of the Police Commission shall be paid a stipend for each meeting which has established
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a quorum in the amount sp,ceified under Sec.11-3 of the Comprehensive Policy Governing Boards,
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Committees and Commissions, providing such quorum be established for a minimum of one hour, and
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providing further, that any member(s) collecting a stipend be present for at ieast one hour.
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(b)Under Sec. I 1-5. of the Comprehensive Policy Governing Boards, Committees m1d Commissions,
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Members of the Police Commission are entitled to payment of stipends, in addition to any per diem, for
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travel approved by the Commission. The stipend shall be at a rate of $100.00 for each full day they are
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present at the conference. No stipend payments shall be made for those days spent traveling to and from
11 9
the conference.
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121 Article V. Reporting
122 5-1. Format. Agenda items shall be in an identified format.
123 5-2. Minutes. Minutes shall be typed and in a consistent format designed to generate the most informative record
124 of the meetings of the Commission.
125 5-3. Attachments. Handouts, reports, memoranda and the like may be attached to the minutes and agenda, or
126 may be kept separately, provided that all materials can be identified to the meeting in which they are presented.
127 5-4. Reporting. The President will report to the Oneida Business Committee per the Comprehensive Policy
128 Governing Boards, Committees and Commissions. The rep01iing format may be as the liaison and the Police
0
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129 Commission agree to, but not less than that required in any policy on reporting developed by the Oneida Business
,:=ommittee or Oneida General Tribal Council. Reports shall be made within a reasonable time after a meeting
1..l J 1s held, or as the Oneida Business Committee member liaison and the Police Commission agree. Provided that,
132 the agreement is to uphold the ability of the liaison to act as a support to that Police Commission.
133
134 Article VI. Responsibilities
135 6-1. Responsibilities. The Oneida Police Commission shall perform other responsibilities as listed in the Oneida
136 Law Enforcement Ordinance:
13 7
(a) Appoint, suspend or remove the Police Chief of the Oneida Police Department.
13 8
(b) Approve all law enforcement officer appointments made by the Police Chiefincluding the promotion
13 9
of subordinates.
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(c) Adopt, modify and repeal rules governing how lists of individuals, concluded to be eligible for
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appointment to law enforcement officer and promotion, are established.
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(d) Approve competitive examinations used to judge suitability for appointment or promotion of law
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enforcement officers.
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(e) Approve an eligibility list of individuals determined to be eligible for appointment as a law
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enforcement officer or promotion.
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(f) Suspend law enforcement officers or other appointed personnel of the Police Department pending the
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filing and hearing of charges against them, subject to the provisions of Oneida Law Enforcement
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Ordinance 37.10-1.
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(g) Initiate charges against law enforcement officers or other appointed personnel of the Police
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Department.
1- ·
(h) Hear charges filed against law enforcement officers or other appointed personnel of the Police
L
Department, whether filed by the Commission or the Poiice Chief, make findings and determinations,
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and impose penalties, up to and including terminatiorc. Such actions are independent of and exempt from
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the Oneida Blue Book, as p1ovided in 37.9-1 ofth;:, Oneida Nstion Law Enforcement Ordinance.
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(i) Hear appeals of disciplinary actions against any law scnforcement personnel or non-sworn personnel.
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G) Adopt rules governing the Oneida Police Commission's management of its own activities.
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(k) Review contracts, and forward to the Oneida Business Committee for approval, concerning cross15 8
deputization, dispatch function and mutual aid pacts which are made between the Oneida Police
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Department and a non-tribal agency, per Oneida Law.
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(1) Approve Standard Operating Procedures of t;"le Oneida Police Department.
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172 Article VII. Amendments
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-1. Amendments to the By-Laws. Amendments shall be made to these by-laws at a regular meeting of the Police
J i'+ Commission provided that written notice of proposed amendments was made at a prior regular meeting.
175 Amendments are effective upon adoption of L'1e Police Commission and approval by the Oneida Business
176 Committee.
177
178 These by-laws as amended and revised are hereby attested to as adopted by the Police Commission
179 at a duly called meeting by the President's signature on this<t'day o f ~ - - - ' 20'4
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_QJ~l_~~-
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183 President, Oneida Police Commission
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185 and by approval of the Oneida Business Committee at a duly called meeting held on this 3/1...dl..._
20Qjby the Secretary of the Oneida Business Committee's signature.
186 day of
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HANDOUT
Analysis to Proposed Draft
2019 03 04
Oneida Police Commission Bylaws Amendments
Legislative Analysis
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Legislative
Reference Office
Complies with
Boards,
Committees and
Commissions Law
Intent of the
Bylaws
Purpose
Related Legislation
Enforcement/Due
Process
Public Meeting
Fiscal Impact
SPONSOR:
David P. Jordan
DRAFTER:
Kristen M. Hooker
ANALYST:
Maureen Perkins
These amendments comply with the Oneida Business Committee (OBC) directive
established by resolution BC-09-26-18-C that all boards, committees and
commissions of the Nation; excluding the OBC or standing committees of the OBC
and the Nation’s corporations, amend their bylaws to comply with the requirements
established by the Boards, Committees and Commissions law. Additional
information and requirements included in these bylaws beyond what is required in
the Boards, Committees and Commissions law is not prohibited [see O.C. 105.10].
The bylaws provide a framework for the operation and management of the Oneida
Police Commission (Police Commission) to govern the standard procedures
regarding the way the Police Commission conducts its affairs, including: the
appointment of persons to the Police Commission, the membership qualifications,
duties and responsibilities of both members and officers, terms and filling vacancies
of members, selection of officers, establishment of expectations of members,
maintenance of official records, stipends, termination process, required training,
and how the bylaws are amended.
The purpose of the Police Commission is to provide oversight regarding the
activities and actions of the law enforcement operations to provide the greatest
possible professional services to the Oneida community and to allow for
community input regarding those law enforcement services through its
representatives on the Police Commission. This entity is created as an oversight
body and does not involve decision making processes on day-to-day activities of
those law enforcement services [see O.C. 301.4-7].
Oneida Nation Law Enforcement Ordinance, Boards, Committees and
Commissions law, Conflict of Interest law, Code of Ethics law, Social Media
Policy, Computer Resources Ordinance, Travel and Expense Policy, Open Records
and Open Meetings law, Budget Management and Control law
A member of the Police Commission serves at the discretion of the OBC. Upon the
recommendation of a member of the OBC or the Police Commission, a member of
the Police Commission may have his or her appointment terminated by the OBC.
(a) A two-thirds majority vote of the OBC shall be required in order to terminate
the appointment of a member.
(b) The OBC’s decision to terminate an appointment is final and not subject to
appeal [see O.C. 105-7-4].
Public meetings are not required for bylaws.
A Fiscal Impact Statement is not required for bylaws.
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Analysis to Proposed Draft
2019 03 04
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SECTION 2. BACKGROUND
A. The Police Commission bylaws amendments were added to the Active Files List on October 3, 2018
with David P. Jordan as the sponsor.
B. The Police Commission is established by the Oneida Nation Law Enforcement Ordinance adopted
October 10, 2001 by Resolution BC-10-10-01-C and amended by Resolution BC-02-25-15-C which
contains specific details related to the role and requirements of members of the Police Commission.
C. The most recent bylaws were approved by the OBC on March 3, 2004.
SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW
A. The bylaws comply with the Boards, Committees and Commissions law.
B. The bylaws comply with OBC Resolution BC-09-26-18-D Boards, Committees and Commissions Law
Stipends.
SECTION 4. AMENDMENTS
This section details the changes to the bylaws from the previously adopted bylaws.
A. ARTICLE I. AUTHORITY
a. The authority section was expanded to include the purpose of the Police Commission
established in the Oneida Nation Law Enforcement Ordinance [see Article I. 1-3].
b. The membership section changed as follows:
• The reference to the Removal Law was removed [see Article I. 1-4(d) of the
current bylaws]. Members of the Police Commission are appointed by the
OBC and the termination of an appointment follows the Boards, Committees
and Commissions law [see O.C. 105].
• Clarification was added that a member may serve more than one term but not
more than three consecutive terms [see Article I. 1-5(b)(1)] in accordance
with the Oneida Nation Law Enforcement Ordinance [see 301.6-2].
• A provision was added that the Chairperson will make a recommendation to
fill vacancies on behalf of the Police Commission to the OBC that includes
verification that the applicant meets the qualifications set forth in these bylaws
[see Article I. 1-5(b)(2) and Article I. 1-5(c)(1)].
• The Business Committee Support Office (BCSO) was added as a receiving
entity of a written resignation in addition to the Chairperson and the
resignation is now effective when the written notice is received or the verbal
resignation is accepted by motion of the Police Commission [see Article I. 15(c)(2)].
• Domestic abuse and child abuse were added as examples of convictions of
ordinance violations that would prohibit a person from being appointed to the
Police Commission [see Article I. 1-5(d)(3)(C)].
• A requirement was added that anyone terminated from the Oneida Police
Department is disqualified from membership on the Police Commission [see
Article I. 1-5(d)(5)].
c. A section detailing duties and responsibilities was added to the bylaws [see Article I. 15(d)].
• Attendance requirements are established along with consequences for failure
to abide by the requirements.
d. A list of thirty-three (33) mandatory training and conferences was added [see Article I. 17(a) to (gg)] and may be eligible for a training stipend upon available funding in
accordance with the Boards, Committees and Commissions law [see O.C. 105].
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Analysis to Proposed Draft
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B. ARTICLE II. OFFICERS
a. The officer positions were changed from President, Vice-President and Secretary/Treasurer
to Chairperson, Vice-Chairperson and Secretary.
• Additional duties of the Chairperson include:
o making a recommendation for vacancies on behalf of the Police
Commission to the OBC
o submission of required annual and semi-annual reports to the General
Tribal Council with the assistance of the Secretary in accordance with
the Boards, Committees and Commissions law.
o attendance or designate a Police Commission member to attend OBC
meetings where the quarterly report is on the agenda, and
o conducting e-polls with the Vice-Chairperson as the backup in
accordance with the Boards, Committees and Commissions law [see
Article II. 2-2].
• The financial reporting requirement was removed from the Secretary position
and these duties are assigned to the Administrative Assistant [see Article II. 27(b)(4)].
• A provision was added that allows the Secretary to preside over a meeting until
a Pro-tem chair is elected to chair the meeting [see Article II. 2-4(d)] and [see
Article III. 3-4].
b. Two provisions were removed from the current bylaws [see Article II. 2-5 of current
bylaws]:
• the provision in the current bylaws related to an officer not being able to serve
more than two (2) consecutive terms, and
• detail related to the successor being appointed to fill for the duration of the
unexpired officer term.
c. A provision was added that prevents a member from holding more than one officer position
at the same time on the Police Commission [see Article II. 2-5(a)].
d. The budgetary and sign off authority and travel section is new to these bylaws based on
requirements in the Boards, Committees and Commissions law. This requirement creates
accountability regarding Police Commission action related to travel and authority to make
budgetary decisions [see Article II. 2-6].
C. ARTICLE III. MEETINGS
a. Special meetings were removed and joint meetings with the OBC were added to the bylaws
in accordance with the Boards, Committees and Commissions law [see 105.10-3(c)]. The
Police Commission Chairperson shall provide notice of the meeting agenda, documents
and minutes by email for joint meetings called by the Police Commission and the BCSO
shall provide the same for joint meetings called by the OBC [see Article III. 3-3(a) and
(b)].
b. A provision was added per the Boards, Committees and Commissions law that the Police
Commission will notify the Nation’s Secretary with notice and the reason for an emergency
meeting, and an explanation of why the matter could not wait for a regular meeting [see
Article III. 3-2(b)].
c. The Secretary was added to call meetings to order and preside until the immediate election
of a Chair Pro Tem [see Article III. 3-4].
d. The use of e-polls was added to the bylaws. The Chairperson shall conduct e-polls and the
Vice-Chairperson shall serve as designee in the absence or discretion of the Chairperson
[see Article III. 3-6(b)]. The bylaws require the Police Commission to follow the
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HANDOUT
Analysis to Proposed Draft
2019 03 04
procedures for conducting e-polls that is included in the Boards, Committees and
Commissions law [see 105.11].
D. ARTICLE IV. EXPECTATIONS
This section is new to these bylaws based on the requirements established in the Boards, Committees
and Commissions law.
a. Behavioral requirements were added to govern members during Police Commission
meetings and related activities [see Article IV. 4-1]. Enforcement of behavioral
expectations includes recommendation by the Police Commission for termination of the
member’s appointment by the OBC and sanctions or penalties according to any applicable
laws and policies of the Nation [see Article IV. 4-1(a)].
b. Intentional acts of violence that inflicts, attempts to inflict or threatens to inflict emotional
or bodily harm or damage to property are prohibited and violations could result in the
Police Commission’s recommendation to the OBC to terminate the member from the
Police Commission or imposition of sanctions or penalties according to any applicable laws
and policies of the Nation [see Article IV. 4-2].
c. Drug and alcohol use by a Police Commission member when acting in an official capacity
is prohibited [see Article IV. 4-3].
d. Police Commission members must follow the Nation’s Social Media Policy [see Article
IV. 4-4].
e. The Police Commission will be required to abide by the Nation’s Conflict of Interest law
and the Boards, Committees and Commissions law which includes disclosure of conflicts
of interest annually [see Article IV. 4-5].
E. ARTICLE V. STIPENDS AND COMPENSATION
a. This section provides a list of eligible stipends members of the Police Commission are
eligible to receive, in addition to clarification that a full day of training is required to receive
a training stipend [see Article V. 5-2].
F. ARTICLE VI. RECORDS AND REPORTING
a. A requirement was added that agenda items will use the format provided by the BCSO [see
Article VI. 6-1].
b. A requirement was added that minutes will be submitted to the BCSO within thirty (30)
days after the Police Commission’s approval [see Article VI. 6-2(a)].
c. Regular communication with the OBC Liaison was added with the Police Commission
Chair reporting to the Liaison [see Article VI. 6-4].
d. A requirement was added in accordance with the Boards, Committees, and Commissions
law that all meetings are to be audio recorded. The BCSO will provide the recording
device. All audio recordings shall be sent to the BCSO when the minutes are approved by
the Police Commission. Executive session is not required to be recorded [see Article VI.
6-5].
G. ARTICLE VII. AMENDMENTS
a. A provision was added requiring that amendments follow the Boards, Committees and
Commissions law and any other policy of the Nation and that the bylaws be reviewed as
needed and each time a vacancy is filled [see Article VII. 7-1].
SECTION 5. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS
Page 4 of 6
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HANDOUT
Analysis to Proposed Draft
2019 03 04
There are no conflicts between these bylaws and the Oneida Code of Laws. Below is a detailed list of laws
that establish requirements related to boards, committees and commissions generally and the Police
Commission specifically.
A. Oneida Nation Law Enforcement Ordinance [see O.C. Chapter 301]
The bylaws meet the requirements established in this ordinance and there are no conflicts between
the bylaws and the Ordinance.
a. This law establishes the hearing procedure used by the Police Commission for disciplinary
proceedings.
b. This law establishes the Police Commission and qualifications are included in the bylaws
[see Article I. 1-5(e)(4)].
c. Police Commissioners are appointed by the OBC for a five-year term. Police
Commissioners may serve more than one term, but not more than three consecutive terms.
d. The responsibilities of the Police Commission are included in the bylaws [see Article I.15(e)(4)].
B. Boards, Committees and Commissions [see O.C. Chapter 105]
a. This law establishes all requirements related to elected and appointed boards, committees
and commissions of the Nation. The law governs the procedures regarding the appointment
and election of persons to boards, committees and commissions, creation of bylaws,
maintenance of official records, compensation, and other items related to boards,
committees and commissions. The Police Commission members are appointed by the
OBC. The requirements for the Police Commission’s bylaws including the required format
are contained in this law as well as the requirement to present the bylaws for adoption by
the OBC within a reasonable timeframe. These Police Commission bylaws comply with
the Boards, Committees and Commissions law and there are no conflicts between the
bylaws and the Boards, Committees and Commissions law.
C. Conflict of Interest [see O.C. Chapter 217]
a. This law applies to the Police Commission and establishes specific limitations to which
information or materials that are confidential or may be used by a competitor of the
Nation’s enterprises or interests may be used to protect the interests of the Nation. The
Boards, Committees and Commissions law establishes that amended bylaws require
members to disclose potential or real conflicts annually [see O.C. Chapter 105]. This
requirement is met in Article IV. 4-5 of the bylaws. There are no conflicts between the
bylaws and the Conflict of Interest law.
D. Code of Ethics [see O.C. Chapter 103]
a. The Police Commission members are required to abide by the Code of Ethics law and
Article IV of the bylaws addresses the behavioral expectations of members some of which
are covered in the Code of Ethics law. This law promotes the highest ethical conduct from
elected and appointed government officials and expects that officials will demonstrate the
highest standards of personal integrity, truthfulness, honesty, and fortitude in all public
activities in order to inspire public confidence and trust in the governmental officials of the
Oneida Nation. Government officials are also expected to adhere to the laws, customs, and
traditions of the Nation. There are no conflicts between these bylaws and the Code of
Ethics.
E. Social Media Policy [see O.C. Chapter 218]
a. The bylaws require the Police Commission to abide by this law [see Article IV. 4-4]. This
law regulates social media accounts including how content is managed and who has
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HANDOUT
Analysis to Proposed Draft
2019 03 04
authority to post on social media on behalf of the Nation. Boards, committees and
commissions must register social media accounts with the Nation’s Secretary’s Office to
include specific information related to access to the account, acknowledgment and
compliance with the Computer Resource Ordinance and this policy, use a Nation issued
email address or ask for the Secretary to allow the entity to operate the account utilizing
the current e-mail address, and ensure all content complies with all applicable laws of the
Nation, state or federal laws. There are no conflicts between the bylaws and the Social
Media Policy.
F. Computer Resources Ordinance [see O.C. Chapter 215]
a. Police Commission members are considered users under this law and must comply with
the established requirements to ensure appropriate use of the Nation’s computer resources.
There are no conflicts between these bylaws and the Computer Resources Ordinance.
G. Travel and Expense Policy [see O.C. Chapter 219]
a. Members of the Police Commission are eligible for reimbursement of approved travel
related expenses and per diem to attend a conference or training in accordance with the
Nation’s travel policies. There are no conflicts between the bylaws and the Travel and
Expense Policy.
H. Open Records and Open Meetings [see O.C. Chapter 107]
a. Portions of the Police Commission meetings may be considered closed meeting sessions if
exception in this law related to personnel matters or contracts are being discussed and
deemed confidential. Maintenance of minutes and audio recordings of the Police
Commission comply with this law and there are no conflicts between the bylaws and this
law.
I.
Budget Management and Control [see O.C. Chapter121]
a. The Police Commission is considered a fund unit of the Nation under this law. Fund unit
managers are required to develop, submit and maintain a triennial strategic plan for the
fund unit’s operations which aligns with the triennial strategic plan established by the OBC.
The Police Commission is required to comply with this law. There are no conflicts between
the bylaws and the Budget Management and Control law.
Page 6 of 6
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
000000
ONEIDA
AGENDA REQUEST FORM
1)
Request Date: February 26, 2019
2)
Contact Person(s): _J_e_n_F_a_lc_k_ _ _ _ _ _ _ _ _ __
Dept:LRO
Phone Number: 869-4312
----------
Email: jfalck@oneidanation.org
3)
Agenda Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4)
Detailed description of the item and the reason/justification it is being brought before the LOC:
Taxation- a draft tax law has been provided by Fletcher Law, PLLC. The
LOG has an opproturnty now to review the draft.
List any supporting materials included and submitted with the Agenda Request Form
l) Oneida Draft Tax Code Presentation
3) _ _ _ _ _ _ _ _ _ _ _~
2) Draft Oneida Taxation law
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?
DYes
[j]No
If yes, please indicate why:
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature
ff
Requester:
-=--.. '"_j
V
I
I
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
48 of 90
Handout D.3.
Confidential
ONEIDA DRAFT TAX CODE
PRESENTATION
2.19.19
Burton W. Warrington
Fletcher Law, PLLC
1
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OVERVIEW
The Process
• Phase I – Project initiation and planning
• Tax methodologies presentation / Kick off meeting
• Phase II – Research
• Research Oneida Laws, Wi tax treatment, tax agreements
• Interviews with Oneida staff
• Review of existing tax landscape
• Phase III – Drafting
• Guidance
• Code drafting
2
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DRAFT TAX CODE
Goals:
• Create one chapter under Title 10 – Chapter 1015 Taxation (Title 10 was used as an example)
• Deliver a draft that could be modified though the Oneida legislative processes
• Deliver the draft tax code in Oneida’s legislative format
• Draft the foundational tax administration framework to support existing and future taxes
• Draft a user friendly tax code that is fair and encourages not discourages development
• Draft comprehensive tax administration rather than a collection of segmented tax laws
• One set of definitions and tax administrative rules that primarily govern tax administration
• Separate taxes that use the tax administrative rules (room tax / possessory interest tax)
3
30,000 FT VIEW
Current Room Tax
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Draft Tax Code
4
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ROAD MAP OF ROOM TAX MODIFIC ATIONS
509.RoamTaxLaw
509.1-1 Pmpo;e
509. 1-2.. Policr
509.2. Adoprion,
Amend.men!. Renea!
509.l. Defil!litiatl.5
Roam Tax Mod.ifica!ion, in draft tax code
10 15DraftTaxC<Kle
Notes
11,cluded: into tbe onrall gen~ pmpo•e
oflhetax<.od.e at 10 5.1-] & iru.o !he
room tax law :mnlicabilitv at 1015..5-1 .
11,c]uded: mtotbemcerall colicy at !015.1 -2
ll,cluded into !be m,e,."llll adoption,
amenclme,nt. rec,eo.l statement at lOlS.2.
11,cluded: ii,
tax c ode'; o,;ernJJ
definitiollS at 10 15.3.
me
Spira th~ old purpo•e a:nd d!a!,ge• to
~ atian;.,
509.6-2{d) mt&e,t
Ad<ire;sed in 10 15.4.g3 - 65
.A..l.ro added interest on ·o verpa}'lllent.s 9ee
509.6-2{e) Penalties
merz_ed:wnl, WC.
509.6-3. Tlaruient
Ad<ire;sed in 10 15.4-66 & 67
G,,.,,, fleiaoility for mergmg !hem
10 15.4-5~ · 62
~
509.6-4. (a) Refulld$
Ad<ire;sed in 10 15.4-31-35.
10 1.2-2, Adil and/or GC ?
MOOl defimtion:, tlllahl!lred.
Cbmge ' tax m l!ectol"' to ' 'wt office"
wmcb is det""-minec! tbromg!,. OBC
raohltion
Chmg,e ,:,: Triben to ·=Na:tion,,
+ "Hotel D\\<ne<I by a lribal membe,r"
+ ,:Tribal .mem.ber1'
+ "!Hotel D\\<ne<I by Ille Nation"
+ ,:Re!ien.=abonn
modme<l'J.
Ad<ire;sed in 10 15.5-12{a.)
refund,
509.6-4.(c) Tl:3".19iELt Ad<ire;sed in 10 15.5-12{b)
refund,
509.6-4.(d) Burden of Ad<ire;se d in 10 15.4-31.
woof
Addre;sed in 10 15.4-36 - 43 (protests) 3.Il.d
509.6-5. AP!"'al9
10 15 .4-44 - 53 (appeals)
509.6-4.(b) Operator
+ ':_~eJ!:c-y»
+ "Nation'·; Court"
509.4. '"" impo;ed
50!t5. O~erator~s
Located at 1015.5-2. to DO l 5.5-1.
Located at 101:U-4. to 1015..5-7.
duties
509.6. Enfor,cement
andA~:,J.s
509.6-1. & 5-09.61.(a) Fsiliu:e to
collect and Il!j>Ort tax
and a5<e5!Jll-e?Jl.
509.6-1.(b) Notic.e &
ch.all.E:llge p,-01,r~ions
509.6-2.. Operator
n,,n,ltres
509.6-2(.a) Original
delmqlli!l'lcy and
509.6-2{b) cootumed
Located in ,arious 1iro,uio,ig ofl015. See
below
Located in 10 15.4-21& 2:2 and I OD5.4-66
Located in ,arious ~,o,isioM ofl015. See
below
Addre.,.,ed in 10 15.5-9. & 101;.4-'l!l. (a.) &
(b}
delmquency
509.6-2(<) Fraud
Added qualif)il,g •ta1ement to clarify
extin:gui.9hm.ert of d~bt to ac.c·Dlmt for
clire~t pa.ymELt. •No.te O,ie[da. lri'il<II
member9 .are rece~ing an 12Xe'.tnpti.on
altho~..,h tl!:ere is no exi:i...mot:ia::n. far tli:em
Cbal>ged "he-einafter pro1;jded" ro
"prosided: mmi, chiaptsr".
Cbmged 'tax c.a!lector to "tax office" in
certific:.:ne 1:mgwrge
Added 1015.5-7. "Updating registration"
11, 10 155~. Uoosted im~ection lm e;ru,~e..
Some modifications
&67
Part addrmed: ii, 10 15.4-22 & part m
10 15.4-10 & 11(,iotice}
Part ,ddr .. •ed: it, 10 15.4-31 - 35 (refund
reqnest), 1015.4-36 - H (proteat} &
10 15.4-44 · 53 (appeal)
Addrsaed in 10 15.4-'119•. , 1015.4-83.,
10 15.5-11.
Pro,ide, one off mm and max penalti.e3 for
ittansiem.s.
Provide!'. a. larga- refuw! ~&tion that :i3:
d':!si_gn.1!:d to ad.dress mI:J.Jtiple taxe!.
Pro\.i.de::: timel'ess for detisiDD! (can be
Ad<ire;se d in 10 15.5-10.
... al.Des
REFUNDS
Step 1. Taxpayer app!i""
for a reftmd
Step 2.. Tax colleutor I tax
Room T ox
W!tbm 1 y ear
No d~crnon umeframe
office: re\=iews
Step 3. Tax colleutor I tax Refund or credit
office deci•ion
Step 4. Appeal righa Appeal directly ,a Oneid.,a cawt,
witll!iJ!. 15 day,
from refund dec.isi.an
Step 5.
Comt ac:tio:n.
Step 6.
Step 7.
Extends pen.<3lty to pa)m-ent of w;;: or filing
ofreftmd
Part oflarger penal.I)• rules ( see 1015.4 -Sl
- S9)
Ala:o, ,ooject co ext=ioos see 10 15.4-15
IO 101 5.4-19
Se!!l minmmm penalty a:nd designed to
oddre,a; multinle tax.e,; not rust room tax.
3.5 nrOC·l!!l!!L
Crea!e.! EXlhsust:ia:n. o:f admm:i!!l!l'Stive
rem.edie!'. de:.i?;laed to addre:;s out o,f comt::
and build"" admrimstrati1a, record if c.o m
ocrioo is n~eded
D
Draft Tax Cod.e
SO dapnaximum to decide or d~emed demed
Refund or credit + allowable mte:r..,t on
01;.-emavme:trt
Appeal ro !he w,
office tllrough J>IOte,t
proced.u~ t'lritbm ] 5 ~rsT ax -offit:e build• a record tbrougl, :m infom1al
h~aring and ma!oa, deci,ion (or don't and J>IOte,t
d~.e med demed}. 90 oo,•maximum
Awea.l to On~ida coum "rjtbil, 30 '"""·
Court a1:Mon on tbe same bafil as th.-e prate~
imi~s, co11!lt allo w·; adifuional evidentiaty
h-earlll.2.
Beefed up notice-rule
Same modifications ro rem.ed.ie! :md
timme <le•i_g i,ed to addrea, multiple
me!:i not j1.B:t: the room tax..
Same 13.!l?)U'lge lmt subj ect to 1015.4-31 35 nroc·e95~
Same lm~ge lmt aubj e.c tto 1015.4-31 -
PROTESTS
Step L
Step 2.
SteD3.
Step 4.
Room T ox
Appeal directly to One id•
Court! within 15 day-g if
aggrie\;ed by m y dem:ian af the
m colle.ctor ,,ritb re:!pec.t to the
amoum of any (tax, il,te,~•L,
1ties1
Camt sction - l:i:mi1ed guidance
=--
Draft Tax Cod.e
File a proce;t wi1lh Ille ta office witbm 3 0 day$
of natic.e af asse!:!mem. ar ar: th.e: time -of payment
unc!e! prote:t.
Tax office builds a record through :m informal
h!!aring and makes d.edsio:n (or d.0::1:t md
deemed demed). 90 <i,av maximum
Aweal to O,i~id• coum within JO '"""·
Court s:ct:ion on the !:une baID as th:: prot:e!t
imles• cOU!lt allotu sdcti!ional evidentiaty
h-ea.rine,.
5
TAX ADMINISTRATION FRAMEWORK TO
SUPPORT EXISTING AND POTENTIAL TAXES
• Clarifies applicability of the tax chapter
• Ability for the OBC to enter into alternative tax
agreements
• Clarifies authority of the tax office
• Inspect and audit taxpayers’ books
• Request information from taxpayers
• Issue subpoenas, regulations, rulings, instructions and
orders
• Conduct tax protest hearings
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• Clarifies framework for administrative
regulations, rulings, instructions & orders
• These functions are important in tax codes
• Addresses administrative functions, processes
and framework
• Notice and timely filings
• Designation of agent
• Liability for tax, taxpayer returns and extensions
• Recommend alternative tax agreements
• Delinquent taxpayer
• Other activities necessary to carry out its
responsibilities
• Limitations period for assessments and collection
• Assessment of taxes
• Exhaustion of administrative remedies
6
TAX ADMINISTRATION FRAMEWORK TO
SUPPORT EXISTING AND POTENTIAL TAXES
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• Addresses administrative functions, processes and framework
• Authority to abate tax assessments
• Surrender of property subject to levy
• Claims for refunds
• Assessment lien
• Protest procedures
• Civil penalties
• Appeal from the tax office decision and order
• Attempts to evade or defeat taxes
• Audit of taxpayer records
• Successor liability
• Taxes paid under protest
• Limited waiver of sovereign immunity
(can people really challenge?)
• Interest on overpayment of taxes
• Interest on deficiencies
• Collection of penalties and interest
•
• Confidentially of returns
• Amendment notices
Seizure of property by levy
7
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ONEIDA ROOM TAX
• Merges the existing room tax into the overall tax chapter
• Places room tax definitions into the overall definitions section of the tax chapter
• Moves most administrative sections into the overall tax administration section
• Open question – Are more exemptions needed from the room tax ?
• Tribal member specifically
8
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POSSESSORY INTEREST TAX
• Possessory interest are interest held by third parties in real property within the Reservation
• Possessory Interest Tax is a way to derive value from property or provide incentives to outside companies
• Aimed at capturing revenue from leases and rights of ways (ability to provide incentives)
Common possessory interest exemptions
•
Utilities exclusively services the Nation
•
Interests owned and used by Governments
•
Residential interests
•
Agricultural interests
• Challenges valuing possessory interests
• Administrative challenges
9
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OTHER TAXES / FUTURE TAXES
The draft tax code is designed for future taxes to be integrated into the
code and the tax administration portion to support them with minimal
modifications
Respecting the Nation’s position on certain taxes, if proper, there is room
for discussion on other taxes in the future for example:
• Sales Tax
• Use Tax
• Cigarette Tax
• Tobacco Tax
• Fuel Tax
• Utility Tax
10
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OTHER CONSIDERATIONS
Best if a tax code work in conjunction with other tribal laws and processes to streamline for the end user
• Business corporation / LLC codes, Tribal uniform commercial code, Leasing laws and processes
• Business registration, licensing, permitting, other
A good tax code balances the user and the regulators interests
• Fair taxes and processes
• Efficient to manage
Intergovernmental agreements
Contract expires on Feb 28th - Final steps to close out the contract
11
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1
Title 10 - Business - Chapter 1015
TAXATION
(Insert Oneida Language)
(Insert translation)
1015.1 Purpose and Policy
1015.2 Adoption, Amendment, Repeal
1015.3 Definitions
1015.4 Tax Administration
1015.5 Room Tax
1015.6 Possessory Interest Tax
1015.7 Reserved
1015.8 Reserved
1015.1. Purpose and Policy
1015.1-1. Purpose. It is the purpose of this law to enact tax laws and tax administrative laws for
the Nation. Unless otherwise provided for in this chapter, the Oneida Business Committee will
determine, through resolution, the allocation of the funds collected under this law.
1015.1-2. Policy. It is the policy of this law to clarify jurisdictional sovereignty and to generate
revenue for the Nation.
1015.2. Adoption, Amendment, Repeal
1015.2-1. This law was adopted by the Oneida Business Committee by resolution BC-X-X-X and
amended by resolutions BC-X-X-X.
1015.2-2. This law may be amended or repealed by the Oneida Business Committee (and/or Oneida
General Tribal Council?) pursuant to the procedures set out in the Legislative Procedures Act.
1015.2-3. 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.
1015.2-4. 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.
1015.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
1015.3. Definitions
1015.3-1. 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) “Agency” means any board, committee, commission, department, program or officer
of the nation that has been granted the authority to carry out the functions of this chapter.
(b) “Alternative Tax Agreements” means tax agreements with persons subject to this
chapter which provide alternative methods for addressing any provision of this chapter,
provided they are approved by the Oneida Business Committee, upon the recommendation
of the tax office.
(c) “Days” means calendar days, unless otherwise specifically stated.
(d) “Designated agent” means the person who has been identified in writing to the tax
office as responsible for performing all the obligations of a taxpayer under this chapter,
including all obligations to provide information necessary to permit the accurate
computation of all applicable taxes, provided that if the designated agent is not a natural
Not a final draft. Draft as of 2.18.19 provided to solicit feedback.
60 of 90
2
person, it shall identify an individual officer, by name or position, to serve as the contact
person for the tax office and to sign and submit all required forms.
(e) “Highest available ranking official” means the head of an agency, or in the absence of
the head of an agency, the person delegated the functions normally performed by the head
of an agency.
(f) “Hotel” means any structure, or any portion of any structure, which is occupied or
intended or designed for occupancy by transients for dwelling, lodging or sleeping
purposes, and includes any hotel, inn, tourist home or house, motel, house, rooming house,
dormitory, public or private club, mobile home or house trailer at a fixed location, or other
similar structure or portion thereof.
(g) “Hotel owned by a tribal member” means a hotel business or joint venture that is at
least fifty-one (51) percent owned by the tribal member, including corporations chartered
under tribal, federal or state law, unincorporated business enterprises, limited liability
companies, partnerships, and all other forms of business organization
(h) “Hotel owned by the Nation” means a hotel business or joint venture that is at least
fifty-one (51) percent owned by the Nation, including corporations chartered under tribal,
federal or state law, unincorporated business enterprises, limited liability companies,
partnerships, and all other forms of business organization
(i) “Levy” means the lawful power, hereby invested in the tax office, to take into possession
or to require the present or future surrender to the tax office of any property or rights to
property belonging to a delinquent taxpayer.
(j) “Nation” means the Oneida Nation
(k) “Nation’s Court” means the trial court and when applicable the court of appeals as
established in Title 8. of the Oneida Code of Laws.
(l) “Operator” means the person who is proprietor of the hotel, whether in the capacity of
owner, lessee, sub-lessee, mortgagee in possession, licensee, or any other capacity, where
the operator performs his or her functions through a managing agent of any type or
character other than an employee, the managing agent shall also be deemed an operator for
the purposes of this law and shall have the same duties and liabilities as his or her principal.
Compliance with the provisions of this law by either the principal or the managing agent
shall, however, be considered to be compliance by both.
(m) “Person” means any individual, firm, partnership, joint venture, association, social
club, fraternal organization, joint stock company, corporation, estate, trust, business trust,
receiver, trustee, syndicate, or any other group or combination acting as a unit.
(n) “Personalty” means personal property.
(o) “Possessory interest” means possession or claim to or right in the possession of any
leasehold in real property located on trust lands within the Reservation boundaries
together with any improvements thereon whether considered personalty or realty not
exempt under 1015.6-3 of this chapter.
(p) “Rent” means the consideration charged, whether or not received, for the occupancy
of space in a hotel valued in money, whether to be received in money, goods, labor or
otherwise, including all receipts, cash, credit and property and service of any kind or
nature, without any deduction therefrom whatsoever.
(q) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and
any land added thereto pursuant to federal law.
Not a final draft. Draft as of 2.18.19 provided to solicit feedback.
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3
(r) “Tax” means the total amount of each tax imposed and required to be paid under the
provisions of this chapter, and unless the context otherwise requires, includes the amount
of any interest or civil penalty relating thereto.
(s) “Tax office” means the agency of the Nation charged with carrying out the functions of
the tax office under this chapter as determined through resolution of the Oneida Business
Committee.
(t) “Taxpayer” means any person who is subject to a tax in this chapter.
(u) “Transient” means any person who exercises occupancy or is entitled to occupancy in
a hotel by reason of concession, permit, right of access, license or other agreement for a
period of thirty (30) consecutive calendar days or less, counting portions of calendar days
as full days. Any such person so occupying space in a hotel shall be deemed a transient
until the period of thirty (30) days has expired unless there is an agreement in writing
between the operator and the occupant for providing a longer period of occupancy, or the
occupant has paid in advance for over thirty (30) days occupancy.
(v) “Tribal member” means a person enrolled in the membership of the Oneida Nation in
accordance with Article II of the Oneida Nation Constitution.
1015.4 Tax Administration
Applicability
1015.4-1. This chapter shall apply to and govern the administration and enforcement of all Nation
taxes imposed by this chapter, as amended from time to time, provided the Oneida Business
Committee shall possess the authority to enter into alternative tax agreements which may exempt
or modify the application of any part of this chapter.
Authority of tax office
1015.4-2. In order to implement and enforce this chapter, a tax office of the Nation is hereby
established to administer this chapter and keep all records and accounts concerning the Nation’s
taxes. The Oneida Business Committee shall determine, through resolution, which agency of the
Nation will serve as the tax office. The tax office is authorized to:
(a) Inspect or audit the records and books of taxpayers and designated agents and examine
property or other evidence at such time as the tax office deems necessary for the effective
execution of the tax office’s responsibilities under this chapter;
(b) Request and require taxpayers and designated agents to produce and make available
for examination their records and books of account and other information or evidence;
(c) Issue subpoenas, which shall be returnable no less than fourteen (14) days from the
date of service;
(d) Issue regulations, rulings, instructions or orders pursuant to this chapter;
(e) Conduct tax protest hearings, pursuant to sections 1015.4-36. to 1015.4-43. of this
chapter;
(f) Recommend to the Oneida Business Committee alternative tax agreements which may
exempt or modify application of any part of this chapter; and
(f) Perform such other activities as the tax office may find necessary to carry out its
responsibilities under this chapter, provided that the tax office shall have no independent
authority to waive the sovereign immunity of the Nation.
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1015.4-3. Any subpoena issued by the tax office pursuant to its authority under chapter shall state
with reasonable certainty the nature of the evidence required to be produced, the time and place
the evidence is to be produced, and the consequences of failure to obey the subpoena, and shall be
attested to by the of the highest available ranking official in the agency.
1015.4-4. After service of a subpoena, if any person served neglects or refuses to produce records
or other evidence or to allow the inspection of equipment, records, books, information or evidence
in response to the subpoena, the tax office may assess civil penalties under sections 1015.4-81. to
1015.4-88. of this chapter and may invoke the aid of any court of competent jurisdiction or the
United States Department of the Interior in enforcement of the subpoena.
Administrative regulations, rulings, instructions and orders
1015.4-5. Regulations of the tax office must comply with the Oneida Nation’s Rulemaking Law.
1015.4-6. Rulings are written statements of the tax office, of limited application to one (1) or a
small number of taxpayers, interpreting the tax laws to which they relate, ordinarily issued in
response to a request for clarification of the tax consequences or a specified set of circumstances.
The tax office shall seek the opinion of the Nation’s legal counsel prior to issuing rulings.
1015.4-7. Instructions are other written statements or directives of the tax office not dealing with
the merits of any tax but otherwise in aid of the accomplishment of the duties of the tax office.
1015.4-8. Orders are written statements of the tax office to implement a decision after a hearing.
1015.4-9. The extent to which regulations, rulings and orders will have retroactive effect shall be
stated and, if no such statement is made, they will be applied prospectively only.
Notice and timely filing
1015.4-10. Any notice required or authorized to be given by mail is effective if mailed to or served
by the tax office on the person in question at the last address shown in the records of the tax office.
Any notice, return, application or payment required or authorized to be delivered to the tax office
by mail shall be addressed to the Oneida Nation Tax Office, N7210 Seminary Rd. Oneida WI
54155, or such other address designated by the tax office.
1015.4-11. Except as otherwise provided by applicable law, all notices, returns, applications or
payments authorized or required to be made or given by mail are timely if mailed on or before the
date on which they are required, as shown by the postmark on the document.
(a) When by any provision of this chapter the last day for performing any act falls on
Saturday, Sunday or a legal holiday recognized by the Nation, the performance of the
act shall be considered timely if it is performed on the next succeeding day which is
not a Saturday, Sunday or a legal holiday.
Designation of agent, required records, information returns
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1015.4-12. Each taxpayer shall designate, in writing to the tax office, an agent who shall represent
and legally bind the taxpayer with respect to all obligations under this chapter.
(a) The written designation shall be signed by the taxpayer, shall identify the taxpayer for
which the agent is designated, shall list the name, mailing address, email address, telephone
and facsimile numbers of the designated agent, and shall state that the taxpayer
acknowledges it is bound by the designated agent's actions, inactions or submissions with
regard to this chapter and that it is bound by any orders issued to the designated agent by
the tax office or the Nation’s Court with regard to this chapter.
(b) Taxpayers may change their designated agent at any time, provided that the taxpayer
files a new written designation with the tax office within fifteen (15) days of making the
change in designated agent. The taxpayer will be bound by the previous designated agent
until the tax office receives the written change of designation.
1015.4-13. Every designated agent and taxpayer shall maintain books and records of account or
other records in a manner that will permit the accurate computation of the taxes due under this
chapter.
1015.4-14. The tax office may, by regulation, require any person doing business within the
Reservation to submit to the tax office information returns that are reasonable and necessary for
the administration of this chapter.
Liability for tax, taxpayer returns, extensions
1015.4-15. Each taxpayer is required to make payment to the tax office for all taxes due under
this chapter and shall be responsible for the performance of all the other obligations of taxpayers
under this chapter.
1015.4-16. Incomplete or otherwise inadequate tax returns may result in the computation of
additional tax by the tax office, and the taxpayer shall be liable for additional assessed taxes,
interest, and penalties as provided in this chapter.
1015.4-17. A taxpayer is liable for any tax liability determined from information revealed in an
audit of the taxpayer's records performed by the tax office pursuant to sections 1015.4-54 to
1015.4-56 of this chapter. Unless otherwise provided for in this chapter, liability for the tax,
interest, and penalties is computed from the date the tax was originally due.
1015.4-18. Unless otherwise provided for in this chapter, payment of all taxes due under this
chapter shall accompany the applicable tax return. Taxes shall be paid by check or money order
made payable to the Oneida Nation.
1015.4-19. The tax office may grant an extension of time for the filing of a tax return and/or the
payment of any tax, upon the timely request of the taxpayer. A request for extension is timely only
if submitted on or before the due date of the return or payment at issue. No penalty for late payment
or filing of a return shall be imposed on any payment or filing for which an extension has been
granted. However, interest on the tax shall begin to accrue from the date the tax was originally due
notwithstanding the extension.
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Delinquent taxpayer
1015.4-20. Any taxpayer to whom taxes have been assessed or from whom payment has been
demanded, as provided in sections 1015.4-21 to 1015.4-24 of this chapter, who does not within
thirty (30) days after the date of assessment or demand for payment make payment, protest the
assessment or demand for payment as provided in sections 1015.4-36 to 1015.4-43 of this chapter,
or furnish security for payment acceptable to the tax office, becomes a delinquent taxpayer and
remains delinquent until:
(a) Payment of the total amount of all such taxes, interest and penalties is made;
(b) Security is furnished for payment; or
(c) No part of the assessment remains unabated.
Assessment of taxes
1015.4-21. If the tax office determines by whatever means that a taxpayer is liable for taxes that
are due and that have not been previously assessed to the taxpayer, the tax office shall promptly
assess the amount thereof to the taxpayer. If a taxpayer fails to comply with the provisions of this
chapter and to make, within the time provided in this chapter, any report and/or remittance of tax
or any portion thereof required by this chapter, the tax office shall obtain facts and information to
determine an estimate of the tax due. The filing of a tax return with the tax office showing that a
tax is due constitutes a self-assessment of the unpaid amount of the tax shown on the return.
1015.4-22. Assessments of tax are effective:
(a) When a return of a taxpayer is received by the tax office showing a liability for taxes
in excess of the tax payment accompanying the return; or
(b) When a notice of tax assessment issued by the tax office is mailed or delivered in
person to the taxpayer against whom the liability for tax payment is asserted, stating the
nature and amount of taxes claimed, demanding immediate payment and informing the
taxpayer of the remedies available to the taxpayer.
1015.4-23. When taxes have been assessed to a taxpayer and remain unpaid, the tax office may
demand payment at any time.
1015.4-24. Any assessment of taxes or demand for payment made by the tax office is presumed
to be correct, and the taxpayer has the burden of showing the assessment or demand is not correct.
A self-assessment by the taxpayer is not presumed to be correct.
Limitations period for assessments and collections
1015.4-25. No assessment of tax may be made by the tax office for a tax reporting period more
than three (3) years after the date on which the claim for the unpaid tax accrues.
1015.4-26. A claim for unpaid tax accrues when the tax is first payable, pursuant to this chapter,
provided that claims for tax liability that can only reasonably be determined by the tax office from
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information that the taxpayer has failed to disclose in a tax return or other submittal to the tax
office are not barred and do not accrue until such information is provided to the tax office.
1015.4-27. No administrative or judicial action or proceeding shall be first brought to collect taxes
assessed by the tax office more than three (3) years after the date of such assessment.
Exhaustion of administrative remedies
1015.4-28. No court has jurisdiction to entertain any proceeding by a taxpayer in which the
taxpayer calls into question his or her liability for any tax or the application to him or her of any
provision of this chapter, except as a consequence of the appeal by the taxpayer to the Nation’s
Court from the action and order of the tax office, as provided in sections 1015.4-44 to 1015.4-53
of this chapter.
Authority to abate tax assessments
1015.4-29. The tax office may abate any part of an assessment of tax, penalty and/or interest
determined by the tax office to have been incorrectly, erroneously or illegally made, either in
response to a written protest submitted in accordance with sections 1015.4-36 to section 1015.443. of this chapter or on the tax office's own motion, based on information otherwise available to
the tax office.
1015.4-30. In the event of a final decision of the tax office under sections 1015.4-36 to 1015.443. of this chapter or the final decision of the Nation’s Court under sections 1015.4-44 to 1015.453. of this chapter that a person is not required to pay any portion of a tax assessed to that person,
the tax office shall cause that amount of the assessment to be abated. A final decision of the
Nation’s Court is a decision that not subject to further appeal within the Nation’s Court system.
Claims for refund
1015.4-31. Any taxpayer who believes that he or she has paid any tax, interest, or penalty subject
to this chapter in excess of the amount for which he or she is liable, may apply to the tax office for
a refund within one (1) year from the date of payment. The taxpayer has the burden of proving that
the tax has been erroneously paid.
1015.4-32. Every claim for refund shall be on forms furnished by the tax office, shall state under
penalty of perjury the grounds upon which the claim is founded, and shall contain information
sufficient to allow processing of the claim.
1015.4-33. In response to a claim for refund, the tax office may authorize the refund of any
overpayment of tax determined by the tax office to have been erroneously made, together with
allowable interest as described in sections 1015.4-58 to 1015.4-62. of this chapter.
1015.4-34. The tax office may authorize the claim in whole or in part or may deny the claim in
whole or in part in writing. If the claim is denied in whole or in part, the taxpayer may, within
fifteen (15) days after mailing of the tax office's decision, file a written protest of the denial
pursuant to sections 1015.4-36 to 1015.4-43 of this chapter. If the tax office has neither granted,
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nor denied any portion of the claim for refund within ninety (90) days after the date the claim was
mailed or delivered to the tax office, the claim shall be deemed denied, and the taxpayer may file
a protest of the denial pursuant to sections 1015.4-36 to 1015.4-43 of this chapter.
1015.4-35. Any refund may in the discretion of the tax office be in the form of cash or a credit
against future tax payments. Credits may be applied by the taxpayer in the amounts and on the
schedule (not exceeding two (2) years) approved by the tax office.
Protest procedures
1015.4-36. A taxpayer may dispute the assessment of any amount of tax under any provision of
this chapter, the application to the taxpayer of any provision of this chapter, or the denial of a claim
for refund made in accordance with sections 1015.4-31 to 1015.4-35. of this chapter, by filing with
the tax office a written protest. Every protest shall identify the taxpayer and the tax or taxes
involved and shall state the grounds for the protest and the affirmative relief requested.
1015.4-37. Any protest shall be filed:
(a) Within thirty (30) days after mailing or personal delivery of a notice of assessment;
(b) Within fifteen (15) days of denial of a claim for refund made in accordance
with sections 1015.4-31. to 1015.4-35. of this chapter; or
(c) At the time of payment of a tax that is being paid under protest, pursuant to section
1015.4-57. of this chapter.
1015.4-38. A protesting taxpayer must timely pay all accrued tax, penalty and interest on or before
the date the protest is filed. Delinquent taxes may not be paid under protest.
1015.4-39. Taxes that have been timely paid under protest shall be deposited in a suspense account
and held in such account until the protest is resolved, including any timely appeals as authorized
by this chapter.
1015.4-40. If a protest is not filed in accordance with sections 1015.4-36 to 1015.4-43 of this
chapter, the tax office may proceed to enforce collection of any delinquent tax.
1015.4-41. The tax office may request additional information or hold such hearings or meetings as
it deems necessary before issuing a decision on the protest. If the tax office holds a hearing, the
taxpayer shall appear at the hearing, either in person or through representatives of his or her choice.
The hearing shall not be open to the public and shall be conducted in an informal manner.
Technical rules of procedure and evidence shall not apply at the hearing, but the hearing shall be
conducted to allow the tax office and the taxpayer to present their evidence and positions in a fair
and reasonable manner. A written transcript shall be made of the hearing.
1015.4-42. The tax office shall issue a written decision on the protest, summarizing the basis for
the decision, within ninety (90) days after the protest is filed. Failure to issue a final decision within
that period shall constitute denial of the protest. The written decision shall include an order
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granting or denying the relief requested or granting such part thereof as is appropriate and
supported by evidence, and it shall inform the protesting taxpayer of the right to, and the
requirements for perfection of, an appeal from the decision to the Nation’s Court and of the
consequences of a failure to appeal. The tax office shall serve the taxpayer with a copy of the
decision by certified mail.
1015.4-43. Unless the decision is appealed pursuant to sections 1015.4-44. to 1015.4-53. of this
chapter, a decision of the tax office that grants in whole or in part a tax refund to the taxpayer shall
be paid to the taxpayer or credited against future tax liabilities of the taxpayer together with
allowable interest as described in sections 1015.4-58. to 1015.4-62. of this chapter.
Appeal from the tax office’s decision and order
1015.4-44. If the taxpayer is dissatisfied with the final decision and order of the tax office, or if
the tax office fails to decide the protest within the time required by section 1015.4-42 of this
chapter, the taxpayer or designated agent may appeal to the Nation’s Court, but only to the same
extent and upon the same theory as was asserted before the tax office. If an appeal is not so
taken, the decision and order of the tax office are conclusive.
1015.4-45. An appeal shall be perfected by filing a notice of appeal with the Nation’s Court, in
the form prescribed by the court, along with any fees required by law. The date of filing shall be
the date the notice of appeal is received and stamped by the clerk of court.
1015.4-46. Simultaneously with the filing of a notice of appeal, the taxpayer shall serve a true
copy thereof on the tax office. A certificate stating the date and manner of service shall be filed
with the notice of appeal.
1015.4-47. The notice of appeal must be filed within thirty (30) days from the date the decision
and order of the tax office is served on the taxpayer or from the date the protest is deemed denied
under section 1015.4-42. of this chapter.
1015.4-48. All appeals shall be upon the record made within the tax office, unless the Nation’s
Court, on motion of the taxpayer or the tax office, permits an evidentiary hearing to supplement
the record. Any motion requesting an evidentiary hearing must be filed within fifteen (15) days
following the date of filing the notice of appeal. If the court grants the motion, an evidentiary
hearing shall be scheduled, and notice of the hearing shall be served on the taxpayer and the tax
office no less than twenty (20) days prior to the date of the hearing.
1015.4-49. Except as otherwise provided in this chapter, the rules of procedure and evidence
applicable to civil proceedings in the Nation’s Court shall apply to the appeal.
1015.4-50. The Nation’s Court shall independently weigh the evidence of record to assure that
the applicable tax laws are lawfully administered and shall issue a written decision on the appeal.
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1015.4-51. Nothing in this chapter shall authorize the Nation’s Court to enter any money
judgment against the tax office or any other agenc
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