Oneida Business Committee (2022)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

April 20, 2022

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. April 6, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Elder Assistance Program Law (pg. 4)

2. Oneida Nation Gaming Ordinance Amendments (pg. 15)

3. Children’s Code Amendments (pg. 53)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

April 6, 2022

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Marie Summers, Kirby Metoxen, Daniel Guzman

King (Microsoft Teams)

Others Present: Clorissa N. Santiago, Carmen Vanlanen, Brooke Doxtator, Justin Nishimoto

(Microsoft Teams), Eric Boulanger (Microsoft Teams), Rae Skenandore (Microsoft Teams), Amy

Spears (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams),

Call to Order and Approval of the Agenda

David P. Jordan called the April 6, 2022, Legislative Operating Committee meeting to

order at 9:00 a.m.

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

Motion carried unanimously.

II.

Minutes to be Approved

1. March 16, 2022 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the March 16, 2022, LOC meeting minutes and

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

unanimously.

III.

Current Business

1. Wellness Court Law

Motion by Jennifer Webster to approve the public meeting packet and forward the Healing

to Wellness Court law to a public meeting to be held on May 4, 2022; seconded by Marie

Summers. Motion carried unanimously.

IV.

New Submissions

1. Oneida Land Claims Commission Bylaws Amendments

Motion by Jennifer Webster to table this item; seconded by Kirby Metoxen. Motion carried

unanimously.

Additions

VI.

Administrative Items

VII.

Executive Session

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

Legislative Operating Committee Meeting Minutes of April 6, 2022

Page 1 of 2

ONEIDA

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VIII. Adjourn

Motion by Marie Summers to adjourn at 9:08 a.m.; seconded by Jennifer Webster. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of April 6, 2022

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

April 20, 2022

Elder Assistance Program Law

Submission Date: 11/3/21

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This request for a new law was brought forward by Councilman David P. Jordan based

on a recommendation from the Chief Financial Officer during the October 20, 2021, LOC meeting. This

request asks the LOC to consider developing a new law to establish an approved program under the

Oneida General Welfare law which transitions the Nation's Elderly 65+ Per Capita Payment Distribution

Fund, from being utilized for per capita payments to being utilized for general welfare assistance payments

for elders.

11/3/21 LOC: Motion by Marie Summers add the Elder Assistance Program law to the Active Files List with

David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.

1/13/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Clorissa N.

Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to review

the initial draft of the Law with the LOC and prepare for the work meeting next week with

Finance, Oneida Law Office, Trust Enrollment Department, and Trust Enrollment Committee.

1/19/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Kirby

Metoxen, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Carl Artman,

Keith Doxtator, Lawrence Barton. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to begin discussing with the Oneida Law Office,

Finance, and Trust Enrollment Department the possibility of transitioning the Nation's Elderly

65+ Per Capita Payment Distribution Fund from being utilized for per capita payments to

being utilized for general welfare assistance payments for elders.

2/16/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to discuss next steps for moving this legislative

item forward.

2/22/22:

Work Meeting. Present: Clorissa N. Santiago, Carl Artman. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was for Carl to gain more

clarification on the purpose of the memorandum he is providing the Legislative Operating

Committee.

2/25/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to review the draft of the

Law and determine next steps for moving this item forward.

Page 1 of 2

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

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3/2/22 LOC:

Motion by Marie Summers to accept the draft of the Oneida Elder Assistance Program law

and defer to a work meeting for further discussion; seconded by Jennifer Webster. Motion

carried unanimously.

3/10/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Jennifer Webster, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was for the LOC to review and consider the input received from the Trust Enrollment

Department Director and the General Manager.

3/16/22 LOC: Motion by Marie Summers to approve the updated draft of the Elder Assistance Program law

and direct that a legislative analysis be developed; seconded by Jennifer Webster. Motion

carried unanimously.

3/29/22:

Joint OBC and OTEC Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Jennifer Webster, Clorissa N. Santiago, Barbara Webster, Brandon

Yellowbird-Stevens, Carl Artman, Geraldine Danforth, John Danforth, Keith Doxtator,

Norbert Hill Jr., Sandra Skenandore, Shannon Davis, Tehassi Hill, Venessa Cardish, William

Gollnick, Lisa Liggins, Terry Cornelius. This was a joint Oneida Business Committee and

Oneida Trust Enrollment Committee meeting held through Microsoft Teams. The purpose of

this meeting was to provide the OTEC and the OBC an opportunity to discuss and provide

input on the Elder Assistance Program law.

4/14/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was for the LOC to review the

public comment period notice.

Next Steps:

 Approve the legislative analysis and public meeting packet, and forward the Elder Assistance

law to a public meeting to be held on May 18, 2022.

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

Page 2 of 2

ONEIDA

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ONEIDA NATION PUBLIC MEETING NOTICE

WEDNESDAY, MAY 18, 2022, 12:15 pm

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

Send Public Comments to

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

ELDER ASSISTANCE PROGRAM LAW

The purpose of this proposed law is to establish the Elder Assistance Program to govern how

the Nation provides financial assistance to elders, pursuant to the principles of General Welfare Exclusion.

The Elder Assistance Program Law will:

 Establish the Elder Assistance Program as an approved program of the Nation in accordance with the Oneida General Welfare law;

 Provide how this program qualifies for general welfare exclusion;

 Provide the eligibility requirements for accessing assistance from the Elder Assistance

Program – which is that a person is a member of the Nation; age sixty-five (65) or older; and submits a completed application during the designated submission timeframe;

 Provide the minimum requirements for the information that must be included on the application;

 Provide how and when funds from the Elder Assistance Program are disbursed;

 Provide for the types of expenses that shall be considered qualifying expenditures for

use of assistance from the Elder Assistance Program by the recipient;

 Provide information on the funding source and who determines the amount of available

funding to an eligible participant; and

 Provide the department that has the responsibilities to administer the Elder Assistance

Program.

Individuals may attend the public meeting for the proposed Elder Assistance Program law in

person at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend

the public meeting through Microsoft Teams please contact LOC@oneidanation.org

PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, MAY 25, 2022

During the public comment period, anyone may submit written

comments, questions or input. Comments may be submitted to

the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Elder Assistance Program law please review the public meeting packet

at oneida-nsn.gov/government/register/public meetings.

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Analysis to Draft 2

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ELDER ASSISTANCE PROGRAM LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

David P. Jordan

Intent of the

Legislation or

Amendments

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

SPONSOR:

DRAFTER:

ANALYST:

David P. Jordan

Clorissa N. Santiago

Carmen VanLanen

It is the policy of the Nation to prioritize the general welfare needs of its elders. The

Nation recognizes that its elders possess unique and irreplaceable stores of

knowledge, skill, culture, and experience that enhance and enrich the lives of every

member of the Nation. The interests of the Nation are advances when its elders

remain confident that their general welfare needs can be met. [10 O.C. 1002.1-2].

The purpose of this law is to establish the Elder Assistance Program to govern how

the Nation provides financial assistance to elders, pursuant to the principles of

General Welfare Exclusion. [10 O.C. 1002.1-1].

Oneida Business Committee, Oneida Trust Enrollment Department, The Nation’s

Elders

Oneida General Welfare Law

A public meeting has not yet been held.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The request to develop an Elder Assistance Program Law came from Councilman David

P. Jordan based on a recommendation from the Chief Financial Officer during the October 20, 2021

LOC meeting. This request asked the LOC to consider developing a new law to establish an approved

program under the Oneida General Welfare law which transitions the Nation’s Elderly 65+ Per Capita

Payment Distribution Fund, from being utilized for per capita payments to being utilized for general

welfare assistance payments for elders.

A. The following departments within the Nation participated in the development of this Law and

legislative analysis:

 Oneida Law Office

 Oneida Business Committee

 Oneida Finance

 Trust Enrollment Department

SECTION 3. CONSULTATION AND OUTREACH

SECTION 4. PROCESS

A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On November 3, 2021, the Legislative Operating Committee added this Law to its Active

Files List.

 On March 16, 2022, the Legislative Operating Committee approved the draft of this Law

and directed that a legislative analysis be developed.

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Analysis to Draft 2

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B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of this Law:

 January 13, 2022: LOC work meeting.

 January 19, 2022: LOC work meeting with the Oneida Law Office, Finance, and Trust

Enrollment Department.

 February 16, 2022: LOC work meeting.

 February 22, 2022: Work meeting with Clorissa N. Santiago and Carl Artman.

 February 25, 2022: LOC work meeting.

 March 29, 2022: Joint Oneida Business Committee and Oneida Trust Enrollment

Committee Meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy. The purpose of this law is to establish the Elder Assistance Program to govern

how the Nation provides financial assistance to elders, pursuant to the principles of General Welfare

Exclusion. [10 O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of

its elders. The Nation recognizes that its elders process unique and irreplaceable stores of knowledge,

skill, culture, and experience that enhance and enrich the lives of every member of the Nation. The

interests of the Nation are advanced when its elders remain confident that their general welfare needs

can be met. [10 O.C. 1002.1-2].

B. Establishment. The Elder Assistance Program is hereby established as an approved program of the

Nation in accordance with the Oneida General Welfare Law. The Elder Assistance Program meets the

requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as

defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare

Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1002.4-1].

C. Guidelines and Requirements. The Elder Assistance Program shall be open to any individuals who

meet the following criteria:

a. Is a member of the Nation;

b. Is age sixty-five (65) or older; and

c. Submits a completed application during the designated submission timeframe [10 O.C.

1002.5-1].

The Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, shall

set forth through the adoption of a resolution an application submission period and disbursement

timeframe for a distribution of assistance from the Elder Assistance Program [10 O.C. 1002.5-2]. Any

individual seeking assistance from the Elder Assistance Program shall submit an application. The Trust

Enrollment Department shall make available an Elder Assistance Program application form and

instructions. Assistance provided through the Elder Assistance Program Application shall be disbursed

in accordance with the timeframe set through resolution by the Oneida Business Committee. Funds

from the Elder Assistance Program may be disbursed through direct deposit, or check, depending on

the selection made on the application by the recipient. [10 O.C. 1002.5-4].

D. Qualifying Expenditures. The following types of expenses shall be considered qualifying expenditures

for use of assistance from the Elder Assistance Program by the recipient:

a. costs relating to housing needs of principal residences such as:

1. mortgage payments, rent payments, and down payments;

2. enhancements for habitability of housing;

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Analysis to Draft 2

2022 04 20

3. basic housing repairs or rehabilitation;

4. improvements to adapt housing for special health needs;

b. costs for paying utility bills and charges, including, but not limited to, the following:

1. water;

2. electricity;

3. gas;

4. basic communication services such as:

A. phone

B. internet; and

C. cable;

c. costs associated with food security;

d. costs associated with home care assistance;

e. costs associated with vehicle payments, maintenance, repair, and insurance;

f. costs associated with medical care and transportation, room, and board costs for seeking

medical care;

g. funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

h. costs related to any other emergency circumstance [10 O.C. 1002.5-5].

E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection,

review, and permitted distribution of funds from the Elder Assistance Program to the qualifying

recipients and shall be responsible for maintenance of records for the Elder Assistance Program [10

O.C. 1002.5-6; 10 O.C. 1002.5-7]. The recipient shall retain receipts for the expenditure of the funds

associated with the Elder Assistance Program. [10 O.C. 1002.5-7].

F. Funding. The Elder Assistance program shall be funded through the Elder, Education and General

Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award 75 Trust Fund, and

any other funding sources deemed necessary by the Oneida Business Committee. [10 O.C. 1002.6-1].

The Oneida Trust Enrollment Committee shall determine the amount of assistance available to an

eligible recipient from the Elder Assistance Program per any permitted distribution. [10 O.C. 1002.62].

SECTION 6. RELATED LEGISLATION

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A. Related Legislation. The following laws of the Nation are related to this Law:

 Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation

provides assistance to eligible members on a non-taxable basis, pursuant to the principles of

the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits

to Tribal members. [10 O.C. 1001.1-1].

 The Elder Assistance Program is hereby established as an approved program of the

Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1002.4-1]. The

Elder Assistance Program meets the requirements of the General Test as defined in the

Oneida General Welfare Law. [10 O.C. 1002.4-2].

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108

109

A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

SECTION 7. OTHER CONSIDERATIONS

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Analysis to Draft 2

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except emergency legislation. [1 O.C. 109.6-1].

i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative

Operating Committee. [1 O.C. 109.6-1].

ii. Fiscal Impact statements may be prepared by any agency who may receive funding if

the legislation is enacted, any agency who may administer a program if the legislation

is enacted, any agency who may have financial information concerning the subject

matter of the legislation, or by the Finance Office, upon request of the Legislative

Operating Committee. [1 O.C. 109.6-1(a) and (b)].

iii. Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation

of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further

clarification on who the Legislative Operating Committee may direct complete a

fiscal impact statement at various stages of the legislative process, as well as

timeframes for completing the fiscal impact statement.

b. Conclusion. The Legislative Operating Committee has not yet requested that a fiscal impact

statement be developed for this law.

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Title 10. General Welfare Exclusion - Chapter 1002

ELDER ASSISTANCE PROGRAM

1002.1. Purpose and Policy

1002.2. Adoption, Amendment, Repeal

1002.3. Definitions

1002.4. Establishment

Draft 2 – PM Draft

2022 05 18

1002.5. Guidelines and Requirements

1002.6. Funding

1002.1. Purpose and Policy

1002.1-1. Purpose. The purpose of this law is to establish the Elder Assistance Program to govern

how the Nation provides financial assistance to elders, pursuant to the principles of General

Welfare Exclusion.

1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its elders.

The Nation recognizes that its elders possess unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation. The

interests of the Nation are advanced when its elders remain confident that their general welfare

needs can be met.

1002.2. Adoption, Amendment, Repeal

1002.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1002.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1002.2-3. 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.

1002.2-4. 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.

1002.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1002.3. Definitions

1002.3-1. 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) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

10 O.C. 1002 – Page 1

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approved program requirements.

1002.4. Establishment

1002.4-1. Establishment. The Elder Assistance Program is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Elder Assistance Program is to provide financial assistance to elders of the Nation to address the

unique and compounding general welfare needs of elders.

1002.4-2. General Welfare Exclusion. The Elder Assistance Program meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion

Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Elder Assistance Program

is:

(a) paid on behalf of the Nation;

(b) pursuant to an approved program of the Nation;

(d) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(e) provided for the promotion of general welfare;

(f) not lavish or extravagant;

(g) not compensation for services; and

(h) not a per capita payment.

1002.5. Guidelines and Requirements

1002.5-1. Eligibility. The Elder Assistance Program shall be open to any individual who meets

the following criteria:

(a) is a member of the Nation;

(b) is age sixty-five (65) or older; and

1002.5-2. Distribution Period. The Oneida Business Committee, in consultation with the Oneida

Trust Enrollment Committee, shall set forth through the adoption of a resolution an application

submission period and disbursement timeframe for a distribution of assistance from the Elder

Assistance Program.

1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance

Program shall submit an application.

(a) The Trust Enrollment Department shall make available an Elder Assistance Program

application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

10 O.C. 1002 – Page 2

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and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

attestation.

(2) On the application the applicant shall designate the means by which they would

like to receive their disbursement of funds from the Elder Assistance Program,

either through direct deposit or check.

(b) Applicants shall complete and return the Elder Assistance Program application form

to the Trust Enrollment Department by the deadline set through resolution by the Oneida

Business Committee in order to be eligible for assistance from the Elder Assistance

Program.

(1) The information provided in the Elder Assistance Program application form

may be provided to any department, division, or personnel that processes the

applications.

1002.5-4. Disbursement of Funds. Assistance provided through the Elder Assistance Program

shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business

Committee. Funds from the Elder Assistance Program may be disbursed through direct deposit, or

check, depending on the selection made on the application by the recipient.

1002.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Elder Assistance Program by the recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the following:

(1) water;

(2) electricity;

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(d) costs associated with home care assistance;

(e) costs associated with vehicle payments, maintenance, repair, and insurance;

(f) costs associated with medical care and transportation, room, and board costs for seeking

medical care;

(g) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

(h) costs related to any other emergency circumstance.

1002.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and

permitted distribution of funds from the Elder Assistance Program to the qualifying recipients.

1002.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Elder Assistance Program. The recipient shall retain receipts for

the expenditure of the funds associated with the Elder Assistance Program.

10 O.C. 1002 – Page 3

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134

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1002.6. Funding

1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder,

Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims

Award Docket 75 Trust Fund, and any other funding source deemed necessary by the Oneida

Business Committee.

1002.6-2. Amount of Available Funding. The Oneida Trust Enrollment Committee shall

determine the amount of assistance available to an eligible recipient from the Elder Assistance

Program per any permitted distribution.

End.

Adopted – BC-__-__-__-__

10 O.C. 1002 – Page 4

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Legislative Operating Committee

April 20, 2022

Oneida-nsn.gov

Oneida Nation Gaming Ordinance

Amendments

Submission Date: 12/2/2020

Public Meetings: Due to the COVID-19 pandemic,

LOC Sponsor: Jennifer Webster

Emergency Enacted: 5/12/21, 11/10/21

Expires: 5/12/22

public meetings were suspended by declaration of the

Nation’s COVID-19 Core Decision Making Team. A

public comment period was still offered in accordance with

the Legislative Procedures Act and held open until 4/13/22.

Summary: This item was added to the Active Files List on December 2, 2020 per the November

10, 2020 directive of the Oneida Business Committee that the Legislative Operating Committee

place the Law Enforcement Ordinance and/or the Oneida Nation Gaming Ordinance on the

Active Files List to address the placement of Gaming’s Internal Security Department. Following

a work meeting with the Oneida Law Office, this item was designated as emergency legislation

under the Legislative Procedures Act by the Legislative Operating Committee to expedite the

disposal of the legal issue that exists under the current law. The Oneida Business Committee

adopted the emergency amendments to the Oneida Nation Gaming Ordinance on May 12, 2021,

through resolution BC-05-12-21-D. The emergency adoption of the amendments to the Oneida

Nation Gaming Ordinance was set to expire on November 12, 2021. On November 10, 2021, the

Oneida Business Committee extended the emergency amendments for an additional six (6) month

period through the adoption of resolution BC-11-10-21-A. The emergency amendments to the

Oneida Nation Gaming Ordinance Are now set to expire of May 12, 2022.

12/2/20 LOC: Motion by Jennifer Webster to add the Oneida Nation Gaming Ordinance Amendments to the

Active Files List with Jennifer Webster as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

1/7/2021:

Work Meeting. Present: James Bittorf, Kelly McAndrews, Kristen Hooker. This work meeting

was held through Microsoft Teams. The purpose of this work meeting was to discuss the issue

that is driving the need for amendments to be made to the Oneida Nation Gaming Ordinance.

The next step is for the drafting attorney to schedule a meeting with the Legislative Operating

Committee to convey the information that was shared during that meeting and discuss the

most effective manner in which to move forward.

1/14/21:

Work Meeting. Present: Marie Summers, David Jordan, Kirby Metoxen, Daniel GuzmanKing, Kristal Hill, Clorissa Santiago, Kristen Hooker. This work meeting was held through

Microsoft Teams. The purpose of this meeting was to provide the Legislative Operating

Committee with additional information regarding the issue that prompted this item to be added

to the Active Files List by motion of the Oneida Business Committee and to have the LOC

decide whether to process the amendments relating to this issue on an emergency basis moving

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forward. Per consensus of the LOC, the amendments will be processed as an emergency based

on the risk of continued litigation that exists under the status quo.

2/19/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Chad Fuss, Kelly McAndrews, Jonas

Hill, William Cornelius, Richard VanBoxtel, Clorissa Santiago, Michelle Braaten, Katsitsiyo

Danforth, Joel Maxam, Eric Boulanger, Kristal Hill, Kristen Hooker. This work meeting was

held through Microsoft Teams. The purpose of this work meeting was to provide the LOC

with an opportunity to hear from various stakeholders regarding the issue of placing Internal

Security for Gaming under an area other than the Oneida Police Department. The next step

will be for the drafting attorney to schedule a follow-up work meeting with the LOC to have

it decide where to move Internal Security so the drafting attorney can move forward with the

development of emergency amendments reflective of the LOC’s decision.

2/25/21:

Work Meeting. Present: Kirby Metoxen, Jennifer Webster, Daniel Guzman-King, Marie

Summers, Kristal Hill, Clorissa Santiago, Kristen Hooker. This work meeting was held

through Microsoft Teams. The purpose of this work meeting was to have a discussion with

the LOC in follow-up to the meeting of February 19, 2021 between the LOC and the work

group on the reorganization of the Internal Security Department to an area within the Nation

other than under the Oneida Police Department.

3/11/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Daniel Guzman-King, Jennifer

Webster, Marie Summers, Kristal Hill, Jo Anne House, Clorissa Santiago, Kristen Hooker.

This work meeting was held through Microsoft Teams. The purpose of this work meeting was

to finish the discussion regarding where to house the Internal Security Department on a

temporary basis pending its permanent placement under a department other than the Oneida

Police Department. The next step is for the LRO attorney to draft a memo to the stakeholders

regarding the plan moving forward and to schedule a follow-up meeting with those

stakeholders to have a final discussion on the issue.

4/7/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Daniel GuzmanKing, Marie Summers, Kristen Hooker. The purpose of this work meeting was to review and

discuss the submissions received in response to the memo that was sent out on March 16, 2021

per the directive of the Legislative Operating Committee during the previous work meeting of

March 11, 2021. Next steps are for the Legislative Reference Office Attorney to: (1) draft a

memo to the stakeholders who were sent the March 16th memo, informing them of the LOC’s

decision to temporarily place the Internal Security Department under the Oneida Business

Committee while a more permanent placement is developed; and (2) begin processing

emergency amendments to ONGO that reassign the oversight of the Internal Security

Department to the Oneida Business Committee.

4/29/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Daniel GuzmanKing, Marie Summers, Kristen Hooker, Kristal Hill, Rhiannon Metoxen. This work meeting

was held through Microsoft Teams. The purpose of this work meeting was to go through the

draft of emergency amendments to ONGO with the Legislative Operating Committee. The

next step is for the Legislative Reference Office Attorney to prepare the emergency

amendments adoption packet for an upcoming Legislative Operating Committee meeting.

5/5/21 LOC:

Motion by Marie Summers to approve the Oneida Nation Gaming Ordinance Emergency

Amendments and Legislative Analysis and forward to the Oneida Business Committee for

consideration; Seconded by Jennifer Webster. Motion carried.

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5/12/21 OBC: Motion by Lisa Liggins to adopt resolution 05-12-21-D Emergency Amendments to the

Oneida Nation Gaming Ordinance; Seconded by Jennifer Webster. Motion carried.

5/19/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Daniel GuzmanKing, Marie Summers, Kristal Hill, Kristen Hooker. The purpose of this work meeting was to

develop a plan for moving forward with the permanent amendments to ONGO, which will

include a permanent placement for the Gaming Security Department to be transferred to when

the emergency amendment period expires. The next step is for the drafting attorney to set up

a workgroup to develop amendments for the permanent re-assignment of the Gaming Security

Department to a newly established Public Safety Commission that will absorb the Oneida

Police Commission.

6/30/21:

Work Meeting. Present: Mark Powless (OGC), Eric Boulanger, Kelly McAndrews, Jonas Hill,

Jessica Vandekamp, Michelle Braaten, Reynold Danforth, Katsitsiyo Danforth, Kristen

Hooker. This work meeting was held through Microsoft Teams. The purpose of the work

meeting was to discuss with the workgroup the permanent placement of the Gaming Security

Department under ONGO. Following a discussion, the consensus of the workgroup mirrored

that of the LOC, which was to place the Security Department under a newly established Public

Safety Commission that will absorb the currently established Oneida Police Commission.

9/1/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Daniel GuzmanKing, Marie Summers, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen.

This work meeting was held through Microsoft Teams. The purpose of the work meeting was

to have the LOC begin making policy decisions relating to the establishment of the Public

Safety Commission, which will absorb the currently established Oneida Police Commission

and be the permanent place for the Gaming Security Department to be assigned under section

501.9 of ONGO.

10/6/21:

Work Meeting. Present: David Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen.

This work meeting was held through Microsoft Teams. During this work meeting, the LOC

went through ONGO line by line to highlight which provisions the LOC would like to see

added, removed and/or revised during the amendment process. The next step is for the drafting

attorney to set up a meeting with the workgroup to go through a similar process with respect

to the law.

10/22/21:

Work Meeting. Present: Mark Powless SR, William Cornelius, Richard VanBoxtel, Eric

Boulanger, James Martin JR, Michelle Braaten, Carmen Vanlanen, Kristen Hooker. This work

meeting was held through Microsoft Teams. The purpose of the meeting was to go through

ONGO line-by-line with the workgroup to collect any information or suggestions regarding

possible amendments to ONGO that the workgroup would like to have the LOC consider as

it moves forward with the amendment process.

11/3/21 LOC: Motion by Jennifer Webster to approve the Oneida Nation Gaming Ordinance emergency

amendments extension packet and forward to the Oneida Business Committee for

consideration; Seconded by Marie Summers. Motion carried unanimously.

11/10/21 OBC: Motion by Marie Summers to adopt resolution 11-10-21-A Extension of Emergency

Amendments to the Oneida Nation Gaming Ordinance; Seconded by David P. Jordan. Motion

carried.

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12/09/21:

Work Meeting. Present: David Jordan, Jennifer Webster, Marie Summers, Kristal Hill,

Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC

review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes

of efficiency, amendments to the Ordinance should be developed and adopted simultaneous

with the amendments to ONGO; specifically, those relating to the placement of the Security

Department, which is now going to report directly to a Public Safety Commission once the

Oneida Police Commission is re-established as such under the Oneida Law Enforcement

Ordinance. The next step is for the drafting attorney to meet with the heads of the Police

Department and Conservation Department to discuss possibly removing the Conservation

Department from the Oneida Police Department’s oversight to have it report directly to the

Public Safety Commission.

12/15/21:

Work Meeting. Present: David Jordan, Marie Summers, Jennifer Webster, Daniel GuzmanKing, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to discuss the meeting

scheduled for December 21, 2021 with the heads of the Oneida Police Department and the

Conservation Department to discuss the transition of the Conservation Department from under

the Oneida Police Department to under the Public Safety Commission.

12/21/21:

Work Meeting. Present: David Jordan, Daniel Guzman-King, Marie Summers, Kristal Hill,

Eric Boulanger, Joel Maxam, Shad Webster, Terry Metoxen, Nicole Rommel, Rhiannon

Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through

Microsoft Teams. The purpose of the meeting was to discuss with representatives from the

Oneida Police Department and Conservation Department the possibility of removing the

Conservation Department from under the Police Department and placing it under the Public

Safety Commission, which will be a re-established version of the Oneida Police Commission,

but with enlarged oversight responsibilities. The next step is for the Police Department and

Conservation Department to forward their internal policies/protocols to the LRO so it may

review them in anticipation of discussing the transfer in more depth with the LOC.

1/28/22:

Work Meeting. Present: Richard Van Boxtel, Jeanette Ninham, Kristen Hooker, Carmen

Vanlanen. This was a meeting held through Microsoft Teams. The purpose of the meeting was

to hear from members of the Oneida Police Commission in regard to the proposal to reorganize

the Commission, as well as the Conservation Department, in a manner that better suits the

Nation and its members.

3/10/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Jennifer Webster, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was for the LOC to review and consider the draft and public comment period notice.

3/16/22:

Motion by Daniel Guzman King to approve the draft and legislative analysis of the

amendments to ONGO and direct that a public comment period be held open for the proposed

amendments to ONGO until April 13, 2022; seconded by Marie Summers. Motion carried

unanimously.

4/13/22:

Public Comment Period Closed. One (1) submission of written comments was received during

the public comment period.

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Next Steps:



Accept the public comments and the public comment review memorandum and defer to a

work meeting for further consideration.

Page 5 of 5

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney

April 20, 2022

Oneida Nation Gaming Ordinance Amendments: Public Comment Review

On March 16, 2022, the Legislative Operating Committee approved a public comment period for

the proposed amendments to the Oneida Nation Gaming Ordinance (“ONGO”) to be held open

until April 13, 2022. A public meeting for the proposed amendments to ONGO was not held due

to the COVID-19 pandemic.

On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the

Nation until April 12, 2020, and set into place the necessary authority for action to be taken and

allowed the Nation to seek reimbursement of emergency management actions that may result in

unexpected expenses. The Public Health State of Emergency has since been extended until May

23, 2022, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D, BC-05-12-21-A, BC06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, and BC-03-2322-A.

On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension

of Public Meetings under the Legislative Procedures Act” declaration which suspended the

Legislative Procedures Act's requirement to hold a public meeting during the public comment

period, but allowed members of the community to still participate in the legislative process by

submitting written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period.

On December 8, 2021, the Oneida Business Committee adopted resolution BC-12-08-21-B,

Updating Public Gathering Guidelines during Public Health State of Emergency—COVID-19,

which prohibits indoor public gatherings when the following conditions cannot be met:

 When COVID-19 Case Activity rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

 When COVID-19 Percent Positive rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

 When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or

below low in ZIP Codes 54155, 54301, 54302 and 54303, or the ZIP Code in which the

activity is being held, as identified on the Wisconsin Department of Health Services

website for the most recent period.

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Due to the fact that the conditions for holding an indoor public meeting had not been met in the

Nation at the time this public comment period was scheduled, in accordance with resolution BC12-08-21-B, a public meeting for the proposed amendments to the ONGO was not held, but a

public comment period was still held open. Members of the community were provided an

opportunity to provide written submissions of comments or questions regarding the proposed

amendments to ONGO to the Legislative Operating Committee through e-mail until April 13,

2022.

Comment 1 – Elimination of the Executive Director in the ONGO:

501.6. Oneida Gaming Commission

501.6-16.

Oneida Gaming Commission Personnel. The Commission shall hire an

Executive Director who is responsible for hiring and managing the personnel of the

Commission.

(a) The Executive Director shall hire such personnel as is necessary to assist the

Commission to fulfill its responsibilities under this Ordinance, the IGRA, the

Compact and all governing regulations, including the Oneida Gaming Minimum

Internal Controls.

(b) The Executive Director and personnel of the Commission must be hired through

the Nation’s regular personnel procedure and are subject to its personnel policies and

salary schedules.

(1) The Executive Director and personnel shall meet the requirements set

forth in section 501.12-3 of this Ordinance at hiring and during employment.

Oneida Gaming Commission (written): The Oneida Gaming Commission would like to submit

the following comments to the Oneida Nation Gaming Ordinance.

Removal of Executive Director from Section 501.6-16:

501.6-16. Oneida Gaming Commission Personnel. The Commission shall hire an Executive

Director who is responsible for hiring and managing the personnel of the Commission.

(a) The Executive Director Commission shall hire such personnel as is necessary to assist

the Commission to fulfill its responsibilities under this Ordinance, the IGRA, and the

Compact, and all governing regulations, including the Oneida Gaming Minimum Controls.

(b) The Executive Director and personnel of the Commission must be hired through the

Tribe's regular personnel procedure and are subject to its personnel policies and salary

schedules.

(1) The Executive Director and personnel shall meet the requirements set forth in

section 501.12-3 at hiring and during employment.

The Executive Director position was furloughed during the Nation's initial COVID-19 shut down.

In the absence of the Executive Director, the Oneida Gaming Commission has performed the

Executive Director's responsibilities. The Oneida Gaming Commission's initial request to bring

back the Executive Director from furlough was denied.

The Oneida Gaming Commission is seeking this change to comply with the Oneida Nation Gaming

Ordinance. The removal of the Executive Director from the Oneida Nation Gaming Ordinance will

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allow the Oneida Gaming Commission the ability to evaluate the personnel needs of the Gaming

Commission without being required to by the Gaming Ordinance.

Response

The commenter requests that the Legislative Operating Committee consider eliminating the

specific reference to the Oneida Gaming Commission’s Executive Director in section 501.6-16 of

the Law, and that instead the Law provides a general authority for the Oneida Gaming Commission

to hire personnel in an effort to allow for more flexibility in evaluating the personnel needs of the

Oneida Gaming Commission.

Whether to eliminate the reference to the Oneida Gaming Commission’s Executive Director in

section 501.6-16 of the Law is a policy decision for the Legislative Operating Committee to make.

The Legislative Operating Committee may make one of the following determinations:

1. The Law should remain as currently drafted, so the reference to the Oneida Gaming

Commission’s Executive Director remains.

2. The Law should be revised to eliminate the reference to the Oneida Gaming Commission’s

Executive Director in section 501.6-16 of the Law. If the Legislative Operating Committee

makes this determination, then the following revision to the Law is recommended:

501.6-16.

Oneida Gaming Commission Personnel. The Commission shall be responsible for

the hiringe an Executive Director who is responsible for hiring and managing the of any personnel

of the Commission.

(a) The Executive Director Commission shall hire such personnel as is necessary to assist

the Commission to in fulfilling its responsibilities under this Ordinance, the IGRA, the

Compact and all governing regulations, including the Oneida Gaming Minimum Internal

Controls.

(b) The Executive Director and All personnel of the Commission mustshall be hired

through the Nation’s regular personnel procedures and are subject to its personnel policies

and salary schedules.

(1) The Executive Director andAll personnel of the Commission shall meet the

requirements set forth in section 501.12-3 of this Ordinance at hiring and during

employment.

LOC Consideration

Comment 2 – Security Reports to the Oneida Gaming Commission:

121.3. Definitions

121.3-1. 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.

(j) “Finance Administration” means the department of the Nation which consists of

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23 of 148

the Chief Financial Officer, Assistant Chief Financial Officer, the executive assistant

to the Chief Financial Officer, and any other designated employee.

Oneida Gaming Commission (written): Changes to Section 501.9-1: The proposed changes to

Section 501.9-1 remove the requirement for Security to copy all reports to the Oneida Gaming

Commission. Currently, the Oneida Gaming Commission does not receive a copy of Security

reports. The Oneida Gaming Commission's concern is that the Commission should have access to

any reports that are regulatory. In practice, Security does not generally encounter regulatory issues,

however, when they do, the Gaming Commission should be copied. This would allow the Gaming

Commission the ability to investigate possible licensing issues to ensure compliance with all tribal,

state and federal laws. The change should include language that allows for Security to report

suspected regulatory violations.

For example, theft from the Nation would be a regulatory violation. If the Gaming Commission

receives a copy of that report from Security, the Gaming Commission can investigate to verify if

there are any regulatory violations. The Gaming Commission does not foresee many reports that

would include possible regulatory violations.

Response

The commenter requests that the elimination of the requirement that all reports of the Gaming

Security Department be copied to the Oneida Gaming Commission in section 501.9-1 of the Law

be reconsidered, to at least allow for the Gaming Security Department to share reports that are

regulatory in nature with the Oneida Gaming Commission.

Section 501.9-2 of the Law provides that the Gaming Security Director, Gaming General Manager,

and the Oneida Gaming Commission shall enter into an agreement, subject to ratification by the

Oneida Business Committee, describing their responsibilities and reporting requirements under

this Ordinance. It would be appropriate for this agreement between the Gaming Security Director,

Gaming General Manager, and the Oneida Gaming Commission to detail the information sharing

expectations for reports of the Security Department that address regulatory issues the Oneida

Gaming Commission would need to be notified of. Due to the fact that the issue of information

sharing between the Oneida Gaming Commission and the Gaming Security Department can be

addressed through the reporting agreement provided for in section 501.9-2 of the Law, there is no

revision to the Law recommended based on this comment.

LOC Consideration

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24 of 148

ONEIDA

A good mind. A good he11 rl. A strong fire.

Oneida Gaming Commission

P.O. Box 79

Oneida, WI. 54155

1-800-497-5897

(920) 497-5850

FAX: (920) 490-8048

To:

The Legislative Operative Committee

From: The Oneida Gaming Commission

Date: April 11, 2022

Re:

Comments to the Oneida Nation Gaming Ordinance

The Oneida Gaming Commission would like to submit the following comments to the Oneida Nation Gaming

Ordinance.

Removal of Executive Director from Section 501.6-16:

501.6-16. Oneida Gaming Commission Personnel. The Commission shall hire an E>cecutive Director vmo is

responsible for hiring and managing the personnel of the Commission.

(a) The E>cecutive Director Commission shall hire such personnel as is necessary to assist the

Commission to fulfill its responsibilities under this Ordinance, the IGRA, and the Compact, and all

governing regulations, including the Oneida Gaming Minimum Controls.

(b) The Executive Director and personnel of the Commission must be hired through the Tribe's regular

personnel procedure and are subject to its personnel policies and salaiy schedules.

(1) The Executive Director and personnel shall meet the requirements set fo1ih in section 501.123 at hiring and during employment.

The Executive Director position was furloughed during the Nation's initial COVID-19 shut down. In the

absence of the Executive Director, the Oneida Gaming Commission has performed the Executive Director's

responsibilities. The Oneida Gaming Commission's initial request to bring back the Executive Director from

furlough was denied.

The Oneida Gaming Commission is seeking this change to comply with the Oneida Nation Gaming Ordinance.

The removal of the Executive Director from the Oneida Nation Gaming Ordinance will allow the Oneida

Gaming Commission the ability to evaluate the personnel needs of the Gaming Commission without being

required to by the Gaming Ordinance.

Changes to Section 501.9-1:

The proposed changes to Section 501.9-1 remove the requirement for Security to copy all reports to the Oneida

Gaming Commission. Cmrently, the Oneida Gaming Commission does not receive a copy of Security reports.

The Oneida Gaming Commission's concern is that the Commission should have access to any repo1is that are

regulato1y. In practice, Security does not generally encounter regulatory issues, however, when they do, the

Gaming Commission should be copied. This would allow the Gaming Commission the ability to investigate

possible licensing issues to ensure compliance with all tribal, state and federal laws. The change should include

language that allows for Security to rep01i suspected regulatory violations.

For example, theft from the Nation would be a regulatory violation. If the Gaming Commission receives a copy

of that report from Security, the Gaming Commission can investigate to verify if there are any regulatory

violations. The Gaming Commission does not foresee many rep01is that would include possible regulato1y

violations.

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Title 5. Business - Chapter 501

ONEIDA NATION GAMING ORDINANCE

Thatiwi=>Stunya=tha Olihw@=ke

Matters of interest to where they make the money

ONEIDA NATION GAMING ORDINANCE

501.1. Purpose and Policy

501.2. Adoption, Amendment, Repeal

501.3. JurisdictionDefinitions

501.4. DefinitionsJurisdiction

501.5. Oneida Business Committee: Powers and Duties

501.6. Oneida Gaming Commission

501.7. Gaming Surveillance: Powers, Duties and Limitations

501.8. [Reserved for future use.]

501.9. Gaming Security Department

501.10. Background Investigations

501.11. Licenses, Generally

501.12. Gaming Employee License

501.13. Gaming Services Licensing and Non-Gaming Services

Permitting

501.14. Gaming Facility License

501.15. Gaming Operator License

501.16. Games

501.17. Allocation of Gaming Funds

501.18. Audits

501.19. Enforcement and Penalties

501.1. Purpose and Policy

501.1-1. Purpose. The purpose of this Ordinance is to set forth the laws of the Oneida Tribe of

Indians of WisconsinNation regarding all Gaming Activities conducted within the jurisdiction set

forth in this Ordinance. It is intended to govern the Gaming Activities of all persons, Gaming

Employees, consultants, business entities, vendors, boards, committees, commissions and hearing

bodies. This Ordinance does not authorize the operation of Gaming by a private person or private

entity for gain. This Ordinance shall govern all Gaming Activities occurring on lands under the

jurisdiction set forth in this Ordinance and all individuals or entities engaged in Gaming Activities,

including those providing goods or services to any person or entity engaged in Gaming Activities.

501.1-2. Policy. It is the policy of this Ordinance to ensure that the Oneida TribeNation is the

primary beneficiary of its Gaming Operations and has the sole proprietary interest, and; that

Gaming Activities within the jurisdiction set forth in this Ordinance are conducted fairly and

honestly,; and that all internal departments, enterprises, officials and employees of the Oneida

TribeNation work cooperatively to advance the best interests of the Oneida TribeNation, to protect

the Tribe’sits gaming resources, to protect the integrity of all Gaming Activities operated under

the jurisdiction set forth in this Ordinance, and to ensure fairness of all games offered to the

Tribe’sNation’s gaming patrons.

501.2. Adoption, Amendment, Repeal

501.2-1. Adoption. This Ordinance was adopted by the Oneida General Tribal Council by

resolution GTC-07-05-04-A and amended by resolutions BC-10-06-04-D, BC-3-23-05-C, BC-923-09-D, BC-06-25-14-B and, BC-09-09-15-A. and BC-__-__-__-__.

501.2-2. Amendment.

This Ordinance may be amended or repealed by the Oneida Business

Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the

Legislative Procedures Act.

501.2-3 Severability. .

Should a provision of this Ordinance or the application

thereof to any person or circumstances be held as invalid, such invalidity shall not affect other

provisions of this Ordinance which are considered to have legal force without the invalid portions.

501.2-4. In the event of a conflict between a provision of this Ordinance and a provision of

another law, the provisions of this Ordinance shall control. Provided; provided, that, this

Ordinance repeals the following:

(a) BC-04-21-89-D (Adoption of the Oneida Gaming Control Ordinance);

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(b)

GTC-03-04-91-A (Establishing 7 elected Gaming Commissioners and Bingo

standards);

(c)

GTC-07-06-92-A (Amendments to Gaming SOP Manual);

(d) GTC-07-06-92-B (Adoption of the Comprehensive Gaming Ordinance);

(e)

BC-03-16-94-A; (Comprehensive Gaming Ordinance Interpretation); and

(f) BC-04-5-95-D (Amendments to the Comprehensive Gaming Ordinance).

501.2-5. This Ordinance is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

501.2-6. Name. This Ordinance is to be known as the Oneida Nation Gaming Ordinance or

ONGO.

501.2-7. Preemptive Authority. The Oneida Gaming Commission shall be the original hearing

body authorized to hear licensing decisions as set forth in this Ordinance.

501.3. DefinitionsJurisdiction

501.3-1. Territorial Jurisdiction. This Ordinance extends to all land within the exterior

boundaries of the Reservation of the Tribe, as established pursuant to the 1838 Treaty with the

Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law.

501.3-2. Subject Matter Jurisdiction. This Ordinance applies to all Gaming conducted within the

territorial jurisdiction of the Oneida Tribe as set forth in section 501.3-1.

501.3-3. Personal Jurisdiction. 501.3-1. This Ordinance governs:

(a) the Tribe;

(b) tribal members; and

the Reservation and all Tribal Trust Land.

501.4. Definitions

501.4-1. This section shall govern the definitions of words and phrases used within this Ordinance.

Words and phrases capitalized throughout this document refer to the defined words and phrases in

this section. All words or phrases not defined herein shall be used in their ordinary and everyday

sense.

(a) “Applicant” means any person or entity who has applied for a License from the

Oneida Gaming Commission or the Oneida Business Committee.

(b) “Background Investigation” means a standard and thorough investigation conducted

by the Oneida TribeNation in compliance with this Ordinance, Commission regulations,

Oneida Gaming Minimum Internal Controls, the IGRA and the Compact. Such

investigations may be in cooperation with federal, state, or Tribal law enforcement

agencies.

forms of Indian gaming engaged in by individuals as a part of, or in connection with, Tribal

ceremonies or celebrations.

(d) “Class II Gaming” means:

(1) The game of chance commonly known as bingo (whether or not electronic,

computer or other technologic aids are used in connection therewith) in which:

(A) The game is played for prizes, including monetary prizes, with cards

bearing numbers or other designations.

(B) The holder of the card covers such numbers or designations when

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objects, similarly numbered or designated, are drawn or electronically

determined.

arrangement of numbers or designation on such cards, including (if played

in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo

and other games similar to bingo.

(2) Card games that:

(A) Are explicitly authorized by the laws of the State; or

(B) Are not explicitly prohibited by the laws of the State and are played at

any location in the State, but only if such card games are played in

conformity with laws and regulations (if any) of the State regarding hours

or periods of operation of such card games or limitations on wagers or pot

sizes in such card games. Class II Gaming does not include any banking

card games, including baccarat, chemin de fer, or blackjack (twenty-one),

or electronic or electro-mechanical facsimiles of any game of chance or slot

machines of any kind.

(e) “Class III Gaming” means all forms of Gaming that are not Class I or Class II

Gaming.

(f) “Commission” means the Oneida Gaming Commission as established by this

Ordinance.

(g) “Commissioner” means a duly elected member of the Oneida Gaming Commission.

(h) “Compact” means the 1991 Tribe-State Gaming Compact between the TribeNation

and the State of Wisconsin, as amended and including any future amendments or successor

compact entered into by the TribeNation and the State of Wisconsin and approved by the

Secretary of the United States Department of Interior.

(i) “Compliance Certificate” means a certificate issued by an agency with the authority

and responsibility to enforce applicable environmental, health or safety standards, which

states that a Gaming Facility complies with these standards.

(j) “Environmental Assessment” means a document prepared and issued in compliance

with the National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., and all

related Federalfederal regulations.

(k) “Fraud” means any act of trickery or deceit used to or intended to gain control or

possession of the property of another.

(l) “Games, Gaming, or Gaming Activity” means all forms of any activity, operation, or

game of chance that is considered Class II or Class III Gaming, provided that this definition

does not include Class I Gaming.

(m) “Gaming Employee” means any person employed by a Gaming Operation.

(n) “Gaming Facility or Gaming Facilities” means any location or structure, stationary

or movable, wherein Gaming is permitted, performed, conducted, or operated. Gaming

Facility or Gaming Facilities does not include the site of a fair, carnival, exposition, or

similar occasion.

(o) “Gaming Operation” means the conduct of Gaming Activities and related business

activities in Gaming Facilities and areas where Gaming Employees are employed or

assigned.

(p) “Gaming Operator” means the TribeNation, an enterprise owned by the TribeNation,

or such other entity of the TribeNation as the TribeNation may from time -to -time

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designate as the wholly-owned entity having full authority and responsibility for the

operation and management of Gaming Operations.

(q) “Gaming Services” means the provision of any goods and services, except legal

services and accounting services, to a Gaming Operation, including, but not limited to,

equipment, transportation, food, linens, janitorial supplies, maintenance, or security

services.

(r) “Indian Gaming Regulatory Act or IGRA” means Public Law 100-497, 102 Stat.

2426, 25 U.S.C. sec. 2701, et seq., as amended.

(s) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC #1-01-07-13-B to administer

the judicial authorities and responsibilities of the TribeNation.

(t) “License” means a certificate or other document that represents the grant of a

revocable authorization to conduct the licensed activity. A License must be supported by

a physical document, badge, certification or other physical manifestation of the issuance of

the revocable authorization to conduct the licensed activity.

(u) “Licensee” means a person or entity issued a valid License.

(v) “Nation” means the Oneida Nation.

(w) “NIGC” means the National Indian Gaming Commission.

(w) x)

“Oneida Business Committee” means the elected governing body of the

Tribe exercising Nation that exercises the authority delegated fromit by the Oneida General

Tribal Council of the Oneida Tribe of Indians of Wisconsin under Article IV of the

Constitution and By-laws forof the Oneida Tribe of Indians of Wisconsin, approved

December 21, 1936Nation, as thereaftermay be amended from time-to-time hereafter.

(x) y)

“Oneida General Tribal Council” means the Nation’s governing body, as

established by the Constitution and By-laws of the Oneida Tribe of Indians of Wisconsin

as determined by the Tribe’s ConstitutionNation and as may be amended from time-totime hereafter.

(y) z)

“Ordinance or ONGO” means the Oneida Nation Gaming Ordinance, as it

may be amended from time -to -time be amendedhereafter.

(z) aa)

“Regulatory Incident” means the occurrence of any event giving rise to a

potential or alleged non-compliance with a gaming regulation, ordinance, law or policy

involving any person or Licensee on the premises of a Gaming Facility.

(aa) bb)

“Remediation” means efforts taken to reduce the source and

migration of environmental contaminants at a site.

(bb) cc)

“Reservation” means all lands within the exterior boundaries of the

Reservation of the Oneida Tribe of Indians of WisconsinNation, as created pursuant to the

1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal

law.

(cc) dd)

“Senior Gaming Management” means the gaming general manager,

assistant gaming general managers, gaming directors and assistant gaming directors.

(dd) ee)

“State” means the State of Wisconsin, along with its authorized

officials, agents and representatives.

(ee) Tribe means the Oneida Tribe of Indians of Wisconsin.

(ff) “Tribal Fee Land” means all land to which the TribeNation holds title in fee simple.

(gg) “Tribal Trust Land” means all land to which the United States holds title for the

benefit of the TribeNation pursuant to federal law.

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501.4. Jurisdiction

501.4-1. Territorial Jurisdiction. This Ordinance extends to all land within the exterior

boundaries of the Reservation.

501.4-2. Subject Matter Jurisdiction. This Ordinance applies to all Gaming conducted within

the territorial jurisdiction of the Nation as set forth in section 501.4-1.

501.4-3. Personal Jurisdiction. This Ordinance governs:

(a) The Nation;

(b) Members of the Nation; and

on the Reservation and all Tribal Trust Land.

501.5. Oneida Business Committee: Powers and Duties

501.5-1. The Oneida Business Committee retains the power and duty to enter into agreements

or compacts with the State under the Indian Gaming Regulatory Act.

501.5-2. The Oneida Business Committee retains the power and duty to enter into agreements

with local governments and other Tribal governments for services or cooperative ventures for the

Gaming Operations.

501.5-3. The Oneida Business Committee has the exclusive power and duty to enter into

contracts and agreements affecting the assets of the TribeNation, except for those assets that were

placed under the responsibility of the Oneida Land Commission under Chapter 67, of the Real

Property Lawlaw.

501.5-4. The Oneida Business Committee delegates to the Commission, as set out in section

501.6-14 of this Ordinance, certain authorities and responsibilities for the regulation of Gaming

Activities, Gaming Operations, Gaming Operators, Gaming Employees, Gaming Facilities,

Gaming Services, and the enforcement of laws and regulations, as identified in this Ordinance.

501.5-5. The Oneida Business Committee retains the duty and responsibility to safeguard all

funds generated by the Gaming Operations and all other authorities and responsibilities not

delegated by a specific provision of this Ordinance.

501.5-6. The Chairperson of the TribeNation must be the designated and registered agent to

receive notice of violations, orders, or determinations which are issued pursuant to the Indian

Gaming Regulatory Act and the Compact.

501.6. Oneida Gaming Commission

501.6-1. Establishment and Purpose. The Oneida Business Committee has established the

Oneida Gaming Commission for the purpose of regulating all Gaming Activities. The

Commission is an elected body comprised of four (4) members, provided that, the Oneida Business

Committee may, upon request of the Commission, increase the number of Commissioners by

resolution withoutwith-out requiring amendment of this Ordinance.

501.6-2. Location and Place of Business. The Commission shall maintain its offices and

principal place of business within the Reservation.

501.6-3. Duration and Attributes. The Commission will have perpetual existence and

succession in its own name, unless dissolved by Tribala law. of the Nation. Operations of the

Commission must be conducted on behalf of the TribeNation for the sole benefit of the

TribeNation and its members. The TribeNation reserves unto itself the right to bring suit against

any person or entity in its own right, on behalf of the TribeNation, or on behalf of the Commission,

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whenever the TribeNation considers it necessary to protect the sovereignty, rights, and interests of

the TribeNation or the Commission.

501.6-4.

Sovereign Immunity of the Tribe.

(a) Nation. All inherent sovereign rights of the TribeNation with regardrespect to the existence and

activities of the Commission are hereby expressly reserved.

(b) a) The TribeNation confers upon the Commission sovereign immunity from suit as

set forth in the Tribe’sNation’s Sovereign Immunity Ordinancelaw.

be a: (1)

A waiver of itsthe sovereign immunity or that of the

Tribe,Commission or consentthe Nation;

(2) Consent by the Commission or the TribeNation to the jurisdiction of the

Judiciary, the United States, -anya state,- or any other tribe,;

- or -consent

(3) Consent by the TribeNation to any suit, cause of action, case or controversy,;

or the levy of any judgment, lien, or attachment upon any property of the

Commission or the TribeNation.

501.6-5. Requirements of Commission Membership.

(a) Qualifications. Candidates for election or appointment to the Commission must be at

least twenty-one (21) years of age on the day of the election or on the day of appointment.

In addition, candidates

(1) Candidates for election to the Commission shall further meet the following

qualifications within five (5) business days after a caucus for elected positions on

the Commission. Candidates for appointment to the Commission shall meet the

following qualifications on the day of appointment to a vacancy on the Commission

under section 501.6-13 of this Ordinance:

(1) A)

Be an enrolled member of the TribeNation;

(2) B) Have a minimum of three (3) years of education experience,

employment experience and/or regulatory experience in Gaming

Operations related to Gaming Activity, Gaming law, Gaming control or

regulation, or Gaming accounting or of any combination of the foregoing;

and

(3) C) Meet all other qualifications set forth in this Ordinance.

(b) Conflict of Interest. No person may be considered for election or appointment as a

Commissioner until the candidate has disclosed all conflicts of interest as defined byin the

OneidaNation’s Conflict of Interest Policylaw.

as a Commissioner until a preliminary Background Investigation has been completed and

the person has been found to meet all qualifications.

(d)

(1) Swearing into office is subject to a Background Investigation regarding the

qualifications set forth in sections 501.6-5 and 501.6-6 upon being elected or

appointed to office.

501.6-6. Unless pardoned for activities under subsectionsubsections (a) and/or (d) by the

TribeNation, or pardoned for an activity under subsectionsubsections (a) and/or (d) by another

Federally-recognized Indian Tribe for an action occurring within the jurisdiction of the Federallyrecognized Indian Tribe, or pardoned for an activity under subsectionsubsections (a) and/or (d) by

the State or Federal government, no individual may be eligible for election or appointment to, or

to continue to serve on, the Commission, who:

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(a) Has been convicted of, or entered a plea of guilty or no contest to, any of the

following:1

(1) Any gambling-related offense;

(2) Any offense involving Fraud or misrepresentation;

(3) Any offense involving a violation of any provision of chs.Chapters 562 or

565, Wis. Stats., of the Wisconsin Statutes, any rule promulgated by the State of

Wisconsin Department of Administration, Division of Gaming or any rule

promulgated by the Wisconsin Racing Board;

(4) A felony not addressed in paragraphs 1, 2, or 3, during the immediately

preceding ten (10) years; or

(5) Any offense involving the violation of any provision of Tribalthe Nation’s

law regulating the conduct of Gaming Activities, or any rule or regulation

promulgated pursuant thereto.

(b) Has been determined by the TribeNation to be a person whose prior activities,

criminal record, if any, or reputation, habits, and associations pose a threat to the public

interest or to the effective regulation and control of Gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices, methods, or activities in the operation of

Gaming or the carrying on of the business and financial arrangements incidental thereto;

Activity or Gaming Services vendor;

(d) Has been convicted of a crime involving theft, Fraud, or conversion against the

TribeNation;

(e) Has been removed from any office pursuant to the OneidaNation’s Removal Law

within the past five (5) years; or

(f) Is a sitting Commissioner whose term is not concluded at the time of that election or

appointment action.

501.6-7. Term of Office. Commissioners shall serve five (5) year terms and shall serve until a

successor takes the oath of office. Terms of office must be staggered.

(a) Terms of office must be staggered.

501.6-8. Official Oath. Each Commissioner shall take the official oath at a regular or special

Oneida Business Committee meeting prior to assuming office.

(a) Upon being administered the oath of office, a Commissioner shall assume the duties

of office and must be issued a security card setting forth his or her title and term of office.

501.6-9. Full-time Status. The Commission shall identify the appropriate work schedule for its

members. Full-Time Status. Each Commissioner shall perform his or her duties and

responsibilities on a full-time basis and shall devote his or her entire work and professional time,

attention and energies to Commission business, and may not.

(a) No Commissioner shall, during his or her tenure in office, be engaged in any other

profession or business activity that may impede the Commissioner’shis or her ability to

perform duties on behalf of the Commission or that competes with the Tribe’sNation’s

interests.

(b) The Commission shall identify the appropriate work schedule for its members.

501.6-10. Bylaws. The Commission shall adopt bylaws subject to review and approval by the

This section taken substantially from Section IX of the Tribe-State Gaming Compact.

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Oneida Business Committee.

501.6-11. Budget and Compensation. The Commission shall function pursuant to an annual

budget.

(a) The Oneida Business Committee shall submit the operating budget of the

Commission for approval in the same fashion as all other Tribal budgets. Compensation

of Commissioners is not subject to the Tribe’s Comprehensive Policy Governing Boards,

Committees, and Commissions, but must be established by the Commission in a manner

consistent with the Commission's internal rules and bylaws. The Commission shall adopt

internal rules consistent with the existing Tribal accounting practices to verify its budgetary

expenditures.budgets of the Nation.

(b) Compensation of Commissioners is not subject to the Nation’s Boards, Committees

and Commissions law, but must be established by the Commission in a manner consistent

with the Commission’s internal rules and bylaws.

(1) The Commission shall adopt internal rules consistent with the Nation’s

existing accounting practices to verify its budgetary expenditures.

501.6-12. Removal. Removal of Commissioners must be pursuant to the OneidaNation’s

Removal Law.

501.6-13. Vacancies. Any vacancy in an unexpired term of office, however caused, must be filled

by appointment by the Oneida Business Committee, of a person qualified pursuant tounder

sections 501.6-5 and 501.6-6 pursuant toof this Ordinance, in accordance with the Comprehensive

Policy GoverningNation’s Boards, Committees and Commissions law.

501.6-14. Authority and Responsibilities. Subject to any restrictions contained in this Ordinance

or other applicable law, the Commission is vested with powers including, but not limited to, the

following:

(a) To exercise all power and authority necessary to effectuate the gaming regulatory

purposes of this Ordinance, IGRA, Oneida Gaming Minimum Internal Controls, and the

Compact.

(1) Unless otherwise indicated in this Ordinance or, Commission regulation, or

authorized by majority vote of the Commission, no Commissioner may act

independently of the Commission. Any such action may constitute grounds for

removal.

(b) To promote and ensure the integrity, security, honesty, and fairness of the regulation

and administration of Gaming.

Business Committee, to draft and approve regulations pursuant to this Ordinance for the

regulation of all Gaming Activity, including processes for the enforcement of such

regulations consistent with Tribal lawthe laws of the Nation.

(d) To draft and approve the Rules of Play and Oneida Gaming Minimum Internal

Controls; provided that,, the Rules of Play and Oneida Gaming Minimum Internal Controls

require review and comment by Senior Gaming Management prior to approval by the

Commission and are subject to review by the Oneida Business Committee.

(1) Rules of Play and Oneida Gaming Minimum Internal Controls are minimum

standards with which the Gaming Operations are required to comply and are

audited against.

(2) Comments received from Senior Gaming Management must be included in

any submission to the Oneida Business Committee.

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(A)

(3) Rules of Play and Oneida Gaming Minimum Internal Controls are effective

upon adoption by the Commission.

(4) The Commission shall provide notice of adoption of the Rules of Play and/or

Oneida Gaming Minimum Internal Controls to the Oneida Business Committee at

the next available regularly scheduled Oneida Business Committee meeting

following such adoption.

(A) If the Oneida Business Committee has any concerns and/or requested

revisions upon review of the Rules of Play and Oneida Gaming Minimum

Internal Controls, the Commission shall work with the Oneida Business

Committee to address such concerns and/or requested revisions.

(i) Unless the Oneida Business Committee repeals the Rules of

Play and/or the Oneida Gaming Minimum Internal Controls adopted

by the Commission, they will remain in effect while the

Commission and the Oneida Business Committee jointly work to

amend the Rules of Play and/or the Oneida Gaming Minimum

Internal Controls adopted by the Commission.

(i) ii) Should the Oneida Business Committee repeal the Rules of

Play and/or the Oneida Gaming Minimum Internal Controls adopted

by the Commission, the Rules of Play and/or the Oneida Gaming

Minimum Internal Controls that were in effect immediately previous

to those repealed will be automatically reinstated and effective

immediately upon the repeal of the Rules of Play and/or the Oneida

Gaming Minimum Internal Controls adopted by the Commission.

(B) If the Commission does not receive written notice from the Oneida

Business Committee of intent to repeal or amend the Rules of Play and/or

the Oneida Gaming Minimum Internal Controls within thirty (30) days of

the date the Oneida Business Committee is provided notice of the Rules of

Play and/or the Oneida Gaming Minimum Internal Controls adopted by the

Commission, they will remain in effect as adopted by the Commission.

Rules of Play and/or the Oneida Gaming Minimum Internal Controls

adopted by the Commission, the amendments must be completed through

one (1) of the following actions within six (6) months from the date the

amendments are initiated by the Oneida Business Committee:

(i) if the Commission and the Oneida Business Committee reach an

agreement as to the content of the amendments, the Commission

must adopt revised Rules of Play and/or the Oneida Gaming

Minimum Internal Controls that have been discussed with and

agreed upon by the Oneida Business Committee; or

(ii) if the Commission and the Oneida Business Committee do not

reach an agreement as to the content of the amendments, the Oneida

Business Committee may adopt revised Rules of Play and/or the

Oneida Gaming Minimum Internal Controls that incorporate the

amendments it deems necessary.

(D) If revised Rules of Play and/or Oneida Gaming Minimum Internal

Controls are not adopted by either the Commission or the Oneida Business

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Committee within six (6) months from the date the amendments are initiated

by the Oneida Business Committee, the Rules of Play and/or the Oneida

Gaming Minimum Internal Controls originally adopted by the Commission

will remain in effect.

(e) To prepare proposals, including budgetary and monetary proposals, which might

enable the TribeNation to carry out the purpose and intent of this Ordinance, and to submit

the same for consideration by the Oneida Business Committee; provided, however, that no

such proposal shall have any force or effect unless it is approved by the Oneida Business

Committee.

(f) To monitor and enforce all laws and regulations governing the operation and conduct

of all Gaming Activities, including the ongoing monitoring of Licenses, subject to this

Ordinance and/or regulations setting forth hearing or enforcement processes.

(g) To monitor and investigate all Gaming Operators for compliance with internal audits,

and external audits.

(h) To inspect, examine, and photocopy all papers, books, and records of Gaming

Activities and any other matters necessary to carry out the duties pursuant hereto,;

provided, that, all photocopies of documents must be maintained in a confidential manner

or in the same manner as the original.

(i) To grant, deny, revoke, condition, suspend or reinstate the Licenses of Gaming

Employees, Gaming Services vendors, and Gaming Operators.

(j) To conduct hearings relating to Licenses issued under this Ordinance by the

Commission.

(k) To review all vendors doing business with the Gaming Operator to verify that such

persons or entities hold a valid License, where required, to do business with a Gaming

Operator.

(l) To retain professional advisors such as attorneys, law enforcement specialists, and

Gaming professionals consistent with Tribal lawthe Nation’s laws and practices.

(m) To arbitrate, negotiate, or settle any dispute to which it is a party, and which relates

to its authorized activities.

(n) To act as the designated agent to receive all regulatory notices not included in section

501.5-6 of this Ordinance.

(o) To investigate all Regulatory Incidents.

(p) To issue warnings or notices of violation, in accordance with regulations, to Gaming

Operators and Licensees for non-compliance with the Compact, Oneida Gaming Minimum

Internal Controls, Rules of Play, IGRA, or this Ordinance.

(q) To make determinations regarding suitability for licensing.

(r) To establish an administrative structure by regulation to carry out its authority and

responsibilities.

(s) To establish, where needed, additional processes for conducting licensing hearings

by regulation.

(t) To establish and collect fees for processing License applications by regulation.

(u) To establish and impose a point system for findings of regulatory violations by any

Gaming Employee by regulation.

(v) To establish and impose a fine system for findings of regulatory violations by any

Gaming Services vendor or permittee by regulation.

(w) To approve procedures that provide for the fair and impartial resolution of patron

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complaints.

501.6-15. Reporting Requirements. The Commission shall adhere to the following reporting

requirements:

(a) A true, complete and accurate record of all proceedings of the Commission must be

kept and maintained;

(b) Complete and accurate minutes of all Commission meetings must be filed with the

Secretary of the Oneida Business Committee within thirty (30) days of their approval by

the Commission;

Commission’s activities, including information regarding funding, income and expenses

and any other matters to which the parties may agree, must be submitted to the Oneida

Business Committee.

501.6-16. Oneida Gaming Commission Personnel. The Commission shall hire an Executive

Director who is responsible for hiring and managing the personnel of the Commission.

(a) The Executive Director shall hire such personnel as is necessary to assist the

Commission to fulfill its responsibilities under this Ordinance, the IGRA, and the Compact,

and all governing regulations, including the Oneida Gaming Minimum Internal Controls.

(b) The Executive Director and personnel of the Commission must be hired through the

Tribe’sNation’s regular personnel procedure and are subject to its personnel policies and

salary schedules.

(1) The Executive Director and personnel shall meet the requirements set forth in

section 501.12-3 of this Ordinance at hiring and during employment.

501.7. Gaming Surveillance: Powers, Duties and Limitations

501.7-1. Purpose. The purpose of Gaming Surveillance is to observe and report Regulatory

Incidents to the Commission and Gaming General Manager to provide for the regulation,

operation, and compliance of Gaming Activities under this Ordinance.

(a) Gaming Surveillance is a department within the Commission’s administrative

structure and supervision must be identified within the organizational chart adopted by the

Commission,; provided that, nothing in the designation of supervisory responsibility may

be deemed to prohibit the responsibility of Gaming Surveillance to provide information

and/or video and/or audio records to the parties identified in section 501.7-3 of this

Ordinance.

501.7-2. Gaming Surveillance shall be responsible for all Gaming surveillance activities

including, but not limited to, equipment and maintenance of equipment, observation and reporting

of all persons to include Gaming Employees, customers, consultants, and Gaming Services

vendors.

501.7-3. Surveillance personnel shall provide to Senior Gaming Management, the Commission,

or Gaming Security a copy of any time-recorded video and accompanying audio (if available)

within twenty-four (24) hours of request.

501.7-4. Gaming Surveillance shall:

(a) Develop, implement and maintain written policies and procedures for the conduct

and integrity of the Surveillance Department.

(b) Develop, implement and maintain additional procedures governing the use and

release of the surveillance recordings or reports.

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duties and to coordinate its activities in order to effectuate the protection of patrons and the

assets of the Gaming Operation.

(d) Develop, implement and maintain written policies and procedures for

implementation of duties and responsibilities identified with the Oneida Gaming Minimum

Internal Controls, subject to approval by the Commission.

501.8. [Reserved for future use.]

501.9. Gaming Security Department

501.9-1. Purpose. The Gaming Security Department is a department within the Oneida Police

Department. Purpose. The purpose of the Gaming Security Department is to protect Gaming

assets, patrons and Gaming Employees from an activity, repeat activity, or ongoing activities

which could injure or jeopardize Gaming assets, patrons and Gaming Employees and report these

activities to the Oneida Police Department for further review and/or investigation. Provided that,

all reports of the Gaming Security Department must be copied to the Commission. .

501.9-2. Reporting. The Oneida Police DepartmentSecurity Director, Gaming General Manager

and the Commission shall enter into an agreement, subject to ratification by the Oneida Business

Committee, which describesdescribing their responsibilities and reporting requirements under this

Ordinance.

(a) When investigations involve or uncover a possible criminal or quasi-criminal

activity, the Gaming Security Department shall report the activity to the Oneida Police

Department for further review and investigation by the Oneida Police Department under

its separate departmental authority.

501.9-3. The Gaming Security Department shall:

(a) Develop, implement and maintain written policies and procedures for the conduct

and integrity of Gaming Security, as identified in the Oneida Gaming Minimum Internal

Controls and subject to approval by the Commission.

(b) Develop, implement and maintain additional procedures governing the use and

release of the investigation reports.

coordinate activities between the departments.

501.9-4. Investigations. This section is intended to authorize report gathering, information

gathering, and preliminary review, to be conducted by the Gaming Security Department.

501.10. Background Investigations

501.10-1. The Human Resources Department and the Commission shall enter into an agreement,

subject to ratification by the Oneida Business Committee, for carrying out Background

Investigations for employees as required under this Ordinance.

501.10-2. Background Investigations must be conducted on all persons or entities as specified

under this Ordinance.

(a) All Background Investigations must be conducted to ensure that the TribeNation in

its Gaming Operations may not employ or contract with persons whose prior activities, or

reputation, habits and associations pose a threat to the public interest or to the effective

regulation of Gaming, or create or enhance the dangers of unsuitable, unfair or illegal

practices and methods in the conduct of such Gaming.

(1) The identity of any person interviewed in order to conduct a Background

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Investigation must be confidential.

501.11. Licenses, Generally

501.11-1. The Commission shall adopt procedures that ensure the efficient and orderly processing

of all applications for a License.

(a) All Gaming Employees, Gaming Services vendors, and Gaming Operators shall

apply for a License from the Commission prior to their participation in any Gaming

Activity.

(b) All Gaming Facilities must be licensed by the Oneida Business Committee.

501.11-2. Temporary License. All Applicants, upon receipt by the Commission of a completed

application for a License and completion of a preliminary Background Investigation, may receive

a temporary license for a ninety (90) day period, unless a Background Investigation of the

application demonstrates grounds to disqualify the Applicant. Such

(a) A temporary license, as defined in this section, permits the Licensee to engage in

such activities and pursuant to any terms and conditions imposed and specified by the

Commission. The

(b) A temporary license is valid until either replaced by a License, the ninety (90) day

temporary license period has concluded, or the temporary license is cancelled by the

Commission, whichever occurs first.

501.11-3. Revocable. A License is revocable only in accordance with the procedures set forth in

this Ordinance.

(a) A Licensee has only those rights and protections regarding a License granted in this

Ordinance.

501.11-4. All Applicants:

(a) Consent to the release of any information relevant to the Applicant’s Background

Investigation by any person or entity in possession of such information.

(b) Consent to the jurisdiction of the TribeNation and are subject to all applicable

TribalOneida, Federal, and State laws, regulations, and/or policies.

501.11-5. All Licensees are subject to ongoing review at least every two (2) years by the

Commission.

501.11-6. Status of Licenses. The Commission shall notify the Gaming Operation of the status of

all Licenses, whether temporary or permanent, including all Commission action to revoke,

suspend, or condition a License.

501.11-7. Commission Licensing Actions. The Commission may grant, deny, revoke, condition,

suspend or reinstate all Licenses, except for Gaming Facilities Licenses, in accordance with this

Ordinance.

(a) Authority to place conditions on a License may be exercised only upon promulgation

of regulations.

501.11-8. Noncompliance. The Commission may issue a notice of noncompliance when the

Commission has developed regulations that identify procedures that notices of noncompliance may

be issued to Licensees and permittees which provide an opportunity to correct actions.

(a) Such regulations must include procedures for appeal of such notices. Regulations

and may include the ability to issue fines not to exceed one thousand dollars ($1000.00)

per violation for Gaming Services vendors and permittees.

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501.12. Gaming Employee License

501.12-1. Scope of Section. This section applies only to Gaming Employee Licenses and

licensing actions.

501.12-2. License Application. Every Applicant for a License shall file with the Commission a

written application in the form prescribed by the Commission, duly executed and verified, which

must certify:

(a) Applicant’s full name and all other names used (oral or written), Social Security

Number(s), place of birth, date of birth, citizenship, gender, and all languages (spoken or

written).

(b) Currently, and for the previous five (5) years: business and employment positions

held, ownership interests in those businesses, business and residence addresses, and

driver’s license number(s).

one (1) personal reference, who werewas acquainted with the Applicant during each period

of residence listed in subsection (b) above.

(d) Current business and residence telephone numbers.

(e) A description of any existing and previous business relationships with Indian Tribes,

including ownership interest in those businesses.

(f) A description of any existing and previous business relationship with the Gaming

industry generally, including ownership interest in those businesses.

(g) The name and address of any licensing or regulatory agency with which the Applicant

has filed an application for a license or permit related to Gaming, whether or not such

license or permit was granted.

(h) The name and address of any licensing or regulatory agency with which the Applicant

has filed an application for an occupational license or permit, whether or not such license

or permit was granted.

(i) For each felony conviction or ongoing prosecution or conviction, the charge, the

name and address of the court involved, and the date and disposition, if any.

(j) For each misdemeanor or ongoing misdemeanor prosecution (excluding violations

for which jail time is not part of the potential sentence) within ten (10) years of the date of

the application, the name and address of the court involved, and the date and disposition.

(k) For each criminal charge (excluding charges for which jail time is not part of the

potential sentence) whether or not there is a conviction, if such criminal charge is within

ten (10) years of the date of the application and is not otherwise listed pursuant to

subsectionssub-sections (i) or (j) of this section, the criminal charge, the name and address

of the court involved and the date and disposition.

(l) A photograph.

(m) Fingerprints consistent with procedures adopted by the Commission which meet the

criteria set forth in 25 C.F.R. section 522.2(h). The Commission is the agency that takes

the fingerprints.

(1) The Commission is the agency that takes the fingerprints.

(n) Any other information the Commission deems relevant for a Gaming Employee

License.

(o) A statement that each Applicant has read and understands notices and the NIGC

requirements relating to:

(1) The Privacy Act of 1974;

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(2) Fraud and False Statements Act; and

(3) Fair Credit Reporting Act.

501.12-3. License Qualifications. No License may be granted if the Applicant:

(a) Is under the age of eighteen (18).

(b) Unless pardoned for activities under this subsection by the TribeNation, or pardoned

for activities under this subsection by another Federally-recognized Indian Tribe for an

action occurring within the jurisdiction of the Federally-recognized Indian Tribe, or

pardoned for activities under this subsection by the state or Federal government, has been

convicted of, or entered a plea of guilty or no contest to, any of the following:

(1) Any gambling-related offense;

(2) Any offense involving Fraud or misrepresentation;

(3) Any offense involving a violation of any provision of chs.Chapters 562 or

565, Wis. Stats., of the Wisconsin Statutes, any rule promulgated by the State of

Wisconsin Department of Administration, Division of Gaming, or any rule

promulgated by the Wisconsin Racing Board;

(4) A felony not addressed in paragraphs (1), (2), or (3), during the immediately

preceding ten (10) years; or

(5) Any offense involving the violation of any provision of Tribalthe Nation’s

law regulatingthat regulates the conduct of Gaming Activities, or any rule or

regulation promulgated pursuant thereto.

or associations pose a threat to the public interest or to the effective regulation and control

of Gaming or create or enhance the dangers of unsuitable, unfair, or illegal practices,

methods, or activities in the operation of Gaming Activities or the carrying on of the

business and financial arrangements incidental thereto.

(d) Possesses a financial interest in or management responsibility for any Gaming

Activity or Gaming Services vendor, or he or she has any personal, business, or legal

relationship which places him or her in a conflict of interest as defined in this Ordinance

or the Nation’s Conflict of Interest Policylaw.

(e) Each person licensed as a Gaming Employee has a continuing obligation to inform

the Commission immediately upon the existence of any circumstance or the occurrence of

any event which may disqualify him or her from being licensed as a Gaming Employee.

(1) Failure to report any such occurrence may result in suspension or revocation

of the Gaming Employee’s License.

501.12-4. Initial Eligibility Determination.

(a) Based on the results of the preliminary Background Investigation, the Commission

shall make an initial determination regarding an Applicant’s eligibility and either:

(1) Grant a temporary license, with or without conditions, to the Applicant; or

(2) Deny the License application and provide notice to the Applicant that he or

she may request a hearing regarding the decision consistent with subsection (b)

below.

(b) If the Commission determines that an Applicant is ineligible for a License, the

Commission shall notify the Applicant.

(1) The Commission shall set forth regulations for an Applicant to review any

information discovered during the preliminary Background Investigation prior to

scheduling a hearing under section 501.12-10. The suspension or revocation

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hearing provisions set forth at section 501.12-9 do not apply to Initial Eligibility

Determinations. of this Ordinance.

(2) The suspension or revocation hearing provisions set forth at section 501.12-9

of this Ordinance do not apply to Initial Eligibility Determinations.

501.12-5. Eligibility Determination and Notification to NIGC. When a Gaming Employee begins

employment at a Gaming Operation, the Commission shall:

(a) Require the Gaming Employee to submit a completed application for employment

that contains the notices and information listed in section 501.12-2 of this Ordinance;

(b) Review the Background Investigation of the Gaming Employee. ;

(1) Within sixty (60) days after a Gaming Employee begins employment at a

Gaming Facility under a temporary license, the Commission shall make an

eligibility determination regarding whether the Gaming Employee may receive a

License based upon the results of the Background Investigation.

(1) The investigative report must include the steps in conducting the Background

Investigation, results obtained, conclusions reached and the basis for those

conclusions.

(d) Prior to issuing a License to a Gaming Employee and within sixty (60) days after the

Gaming Employee begins employment at a Gaming Facility, submit a notice of results of

the Background Investigation to the NIGC for inclusion in the Indian Gaming Individual

Record System. ; and

(1) The notice of results must include the following, provided that any additional

or alternate information must be forwarded as directed in regulations or rules

adopted by the NIGC:

(1) A) The Gaming Employee’s name, date of birth, and social security

number.Social Security Number;

(2)

(B) The date on which the Gaming Employee began employment.;

(3)

including:

(A)

(i) License(s) that have previously been denied;

(B) ii)

Gaming licenses that have been revoked, even if

subsequently reinstated;

(Ciii) Every known criminal charge brought against the Gaming

Employee within the last ten (10) years of the date of the application;

and

(Div) Every felony of which the Gaming Employee has been

convicted or any ongoing prosecution.

(4) a (D) A copy of the eligibility determination made under section 501.12-5

(b).) of this Ordinance.

(e) All applications, Background Investigations, investigative reports, suitability

determinations, findings and decisions of the Commission must be retained in the

Commission’s files for a period of at least three (3) years from the date the Gaming

Employee’s employment is terminated.

501.12-6. License Issuance. The Commission may issue a License to a Gaming Employee at any

time after providing the NIGC with a notice of results as required under section 501.12-5(d);) of

this Ordinance; however, a Gaming Employee who does not have a License ninety (90) days after

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the start of employment must have his or her employment terminated.

(a) The Commission shall notify the NIGC of the issuance or denial of a License to a

Gaming Employee within thirty (30) days after the License is issued or denied.

(a) b) Any Gaming Employee License issued under this section is effective from the date

of issuance and must contain the Gaming Employee’s photograph, the Gaming Employee’s

name, and the date that the License became effective.

(1) If a Gaming Employee is promoted, transferred, reassigned, or the position is

reclassified, the Gaming Employee shall notify in writing the Commission, and the

Commission shall review the Gaming Employee’s License.

reinstate Licenses subject to the right to appeal the decision under the processes set forth

in this Ordinance.

501.12-7. Requirement to Wear License. During working hours, all Licensees shall wear their

License in a conspicuous place that is plainly visible by all employees, the Nation’s Gaming

patrons and surveillance.

501.12-8. NIGC Review.

(a) During a thirty (30) day period, beginning when the NIGC receives a notice of results

submitted pursuant to section 501.12-5(d) above, the Chairman of the NIGC may request

additional information from the Commission concerning the Gaming Employee.

(1) Such a request suspends the thirty (30) day period until the Chairman receives

the additional information.

(b) If, within the thirty (30) day period after the NIGC receives the notice of results, the

NIGC notifies the Commission that it has no objection to the issuance of a License, and

the Commission has not yet issued a License to the Gaming Employee, the Commission

may grant the License to the Gaming Employee.

NIGC provides the Commission with a statement itemizing objections to the issuance of a

License, the Commission shall reconsider the application, taking into account the

objections itemized by the NIGC.

(1) The Commission shall make the final decision whether to issue a License to

the Gaming Employee, or if the Gaming Employee has already been licensed,

whether to suspend or revoke the License in accordance with section 501.12-9 of

this Ordinance.

(d) Upon receipt of notification from the NIGC that a Gaming Employee who has already

been licensed is not eligible for employment, the Commission shall immediately suspend

the License in accordance with section 501.12-9 of this Ordinance.

501.12-9. Suspension or Revocation of Licenses. Except as provided in section 501.12-8(d) or

501.12-9(c),) of this Ordinance, no License may be suspended or revoked except after notice and

opportunity for hearing.

(a) Basis for Licensing Action. The Commission may suspend, condition, or revoke any

License issued under this Ordinance if:

(1) After the issuance of a License, the Commission receives from the NIGC or

other source reliable information indicating that a Gaming Employee is not eligible

for a License under section 501.12-3 of this Ordinance; or such information would

justify the denial of the renewal of any License, the Commission shall issue a

written notice of suspension;.

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(2) The Commission issues a written notice of suspension demonstrating that the

Licensee:

(A) Has knowingly made a materially false or misleading statement in any

application for a License, in any amendment thereto, or in response to a

request by the Commission for supplemental information or in connection

with any investigation of the Commission;

(B) Has knowingly promoted, played, or participated in any gaming

activityGaming Activity operated in violation of the Compact,

TribalOneida or federal law, and this Ordinance;

Commissioner or any other person in an attempt to avoid or circumvent any

applicable law;

(D) Has falsified any books or records relating to any transaction

connected with the operation of a Gaming Activity;

(E) Has refused to comply with any lawful directive of the Tribe,

theNation, Federal government, or any court of competent jurisdiction; or

(F) Has been convicted of, or entered a plea of guilty or no contest to, a

crime involving the sale of illegal narcotics or controlled substances.

(b) Suspension Notice. The Commission’s notice of suspension must be in writing and

must, at a minimum, notify the Licensee of the following:

(1) The Licensee’s right to review a file prior to any hearing regarding the notice

of suspension, and to make copies of any documents contained in that file;

(2) The Licensee’s right to request a hearing on the proposed licensing action, to

present documents and witness testimony at that hearing, and to be represented by

counsel;

(3) The specific grounds upon which the proposed licensing action is based,

including citations to relevant sections of this Ordinance, the IGRA, and any

applicable Regulationsregulations and/or the Compact; and

(4) The time and place set by the Commission for the Licensee’s hearing.

and effective regulation and control of Gaming Activities requires the immediate exclusion

of a Licensee, the Commission may immediately suspend a License prior to the conduct of

a hearing on the matter.

(1) Such an immediate suspension may take effect upon service of the notice of

immediate suspension.

(d) Any notice of suspension or notice of immediate suspension must set forth the times

and dates for when the Licensee may review his or her file and the date for a hearing on

any proposed licensing action.

(e) Within fifteen (15) business days after a hearing, the Commission shall issue a final

written licensing decision and decide whether to suspend, uphold an immediate suspension,

revoke, or take other action concerning a License.

(1) If the License was suspended, conditioned or revoked based on information

from the NIGC or other source under section 501.12-8(d) or 501.12-9(a)(1),) of this

Ordinance, the Commission shall forward a copy of its decision to the NIGC within

forty-five (45) days of receiving the NIGC’s or the other source’s notification

indicating that a Gaming Employee is not eligible for a License.

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(f) If a Licensee fails to appear for his or her hearing before the Commission, that right

is deemed to have been waived and the Commission will proceed on the proposed licensing

action by default.

(g) Unless identified in this Ordinance or regulations of the Commission, the hearing

processes set forth in the Tribe’s administrative procedures lawNation’s Administrative

Procedures Act shall apply.

501.12-10.

Original Hearing Body. Any person aggrieved by a licensing decision of the

Commission may appeal the decision by filing a request for an original hearing before the

Commission.

(a) The Licensee may file any such request with the Commission in writing on or before

the fifteenth (15th) day following receipt of the Commission’s decision.

(b) The Commission shall certify the record, developed in accordance with section

501.12-4 or 501.12-9(a),) of this Ordinance, within thirty (30) days of the date of the filing

of the request for an original hearing. The

Commissioners who participated in the licensing decision from which the original hearing

is scheduled.

(d) The Commission may determinedecide to review the decision solely on the licensing

decision record and briefs filed regarding the request for reconsideration.

(1) The Commission may also, in its sole discretion, grant oral argument.

arguments.

(e) The Commission shall issue a written decision determining whether to uphold the

Commission’s licensing decision, including whether to revoke or reinstate a License,

within one hundred twenty (120) days from receipt of the request for the original hearing.

(1) The Commission’s decision is considered an original hearing decision and an

appeal may be made to the Judiciary as an appeal of an original hearing body.

501.12-11. Notice to Oneida Business Committee. Prior to any suspension or revocation of a

License of the gaming general managerGaming General Manager, the Commission shall provide

notice to the Oneida Business Committee twenty-four (24) hours prior to the issuance of the

suspension or revocation.

501.12-12. Record of Proceedings. The Commission shall maintain a complete and accurate

record of all licensure proceedings.

501.12-13. Revocation of a License is solely limited to the licensing matter. Employment related

processes resulting from revocation of a License are determined solely through the personnel

processes and procedures of the TribeNation and are not licensing matters governed by this

Ordinance.

501.13. Gaming Services Licensing and Non-Gaming Services Permitting

501.13-1. Scope of Section. This section applies to all individuals and entities providing Gaming

Services.

(a) The requirements of this Section are in addition to, and do not alter or amend any

requirements imposed by the OneidaNation’s Vendor Licensing Lawlaw.2

501.13-2. Gaming Services License or Non-Gaming Services Permit Required.

See also Appendix 1. Vendor Licensing/Permit.

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(a) Gaming Services License. Any Gaming Services vendor providing Gaming related

contract goods or services as defined under Article VII(A) of the Compact to the Gaming

Operation shall possess a valid Gaming Services License.

(b) Non-Gaming Services Permit. Any vendor providing non-gaming related goods or

services to the Gaming Operation shall possess a valid Non-Gaming Services permit.

be made by the Commission which may be subject to requests for reconsideration by the

Gaming Services vendor within fourteen (14) business days of receipt by the Gaming

Services vendor of the notice of License or permit determination.

501.13-3. Approved Gaming Services Vendor List. The Commission shall maintain an updated

and complete list of all Gaming Services vendors that possess current and valid Gaming Services

Licenses or Non-Gaming Services permits from the Commission, which is known as the Approved

License and Permit List.

(a) Gaming Operations may only do business with vendors that possess valid and current

Gaming Services Licenses or Non-Gaming Services permits and who appear on the

Approved License and Permit List.

501.13-4. Gaming Services License/Permit Application. Every Applicant for a License or

permit shall file with the Commission a written application in the form prescribed by the

Commission, duly executed and verified, which must provide and certify the following. Provided

that; provided, Non-Gaming Services vendors with less than two thousand five hundred dollars

($2,500.00) in services for the prior fiscal year are only required to file a notice of doing business

with the Commission.:

(a) The Applicant’s name and mailing address;

(b) The names and addresses of each officer or management official of the Applicant;

corporation, the Applicant’s organizational documents;

(d) Identification of an agent of service for the Applicant;

(e) The name and address of each person having a direct or indirect financial interest in

the Applicant;

(f) The nature of the License or permit applied for, describing the activity to be engaged

in under the License or permit;

(g) Explicit and detailed disclosure of any criminal record, including any delinquent

taxes owed to the United States, or any state, of the Applicant, any person involved in the

organization, and any person of interest whose name appears or is required to appear on

the application;

(h) Whether the Applicant is or has been licensed by the stateState of Wisconsin Office

of Indian Gaming Regulation and Compliance and, if applicable, proof of current licensure;

(i) Whether the Applicant has been licensed in the stateState of New Jersey, Nevada, or

by any other gaming jurisdiction, including any Indian Tribe or Tribal governmental

organization and, if so, proof of such licensure and the status of any such License;

(j) Whether the Applicant has been denied a License by any gaming jurisdiction and, if

so, the identity of the jurisdiction, the date of such decision and the circumstances

surrounding that decision;

(k) Whether any License held by the Applicant has been refused renewal, conditioned,

suspended or revoked by an issuing authority and, if so, the circumstances surrounding that

action;

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(l) A statement of waiver allowing the TribeNation to conduct a Background

Investigation of the Applicant and any person whose name appears or is required to appear

on the application;

(m) Whether the Applicant or any person whose name appears or is required to appear on

the application has or has had any business with the TribeNation or any business or

personal relationship with any of the Tribe’sNation’s officers or employees;

(n) The name and contact information for all Tribes or Tribal organizations with whom

the Applicant or any person whose name appears or is required to appear on the application

has done business;

(o) Whether the Applicant or any person whose name appears or is required to appear on

the application maintains any involvement in the business of wholesale distribution of

alcoholic beverages;

(p) A statement that the Applicant has read and understands notices and the NIGC

requirements relating to:

(1) The Privacy Act of 1974;

(2) False statements; and

(3) The Fair Credit Reporting Act.

(q) All additional information necessary to allow the Commission to investigate the

Applicant and any person whose name appears or is required to appear on the application.

501.13-5. Signature on Application. Applications for Licenses or permits must be signed by

the following person:

(a) For companies and corporations (both for profit and non-profit), the highest ranking

official of the corporation, or anotherother person to whom the authority to execute the

Applicationapplication has been properly delegated.

(b) For a sole proprietorship, the principal owner.

(d) For a limited partnership, the general partner or partners.

501.13-6. Incomplete Applications. Applications that do not contain all information requested,

including proper signatures, will be considered incomplete.

(a) Incomplete applications will not be considered by the Commission.

(b) The Commission shall notify an Applicant if an application is incomplete and what

additional information is necessary to complete the application.

(1) If an Applicant who has submitted an incomplete application, and been

notified of the deficiency in that application, fails to provide the information

requested by the Commission, the application will be returned to the Applicant and

the file closed.

501.13-7. Supplemental Information. The Commission may, in its discretion, request

supplemental information from the Applicant.

(a) Supplemental information requested by the Commission must be promptly submitted

by the Applicant.

(1) An Applicant’s failure or refusal to submit supplemental information

requested by the Commission may constitute grounds for the denial of the

application.

501.13-8. Continuing Duty to Provide Information. Applicants, permittees, and Licensees owe

a continuing duty to provide the Commission with information and materials relevant to the

Applicant’s, permittee’s, or Licensee’s character or fitness to be licensed, including but not limited

5 O.C. 501 – Page 21

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to any change in the licensing or permitting status of the Applicant, permittee, or Licensee in any

foreign jurisdiction.

(a) An Applicant’s, permittee’s, or Licensee’s failure to notify the Commission promptly

of inaccuracies on an application or new information or materials relevant to the

Applicanthim or her may constitute grounds to deny, suspend or revoke a License or

permit.

501.13-9. Background Investigations. Background Investigations for Gaming Services vendors

must be conducted as follows.:

(a) Gaming Related Equipment Gaming Services Vendors under Fifty Thousand Dollars

($50,000.00) in Goods and/or Services Annually. The Commission shall conduct the

Background Investigations that are sufficient to determine the eligibility for licensing of

all Gaming Services vendors that provide or anticipate providing under fifty thousand

dollars ($50,000.00) in goods and services annually.

(b) Gaming Related Equipment Gaming Services Vendors over Fifty Thousand Dollars

($50,000.00) in Goods and/or Services Annually. The Commission shall review the

background investigation conducted by the Wisconsin Office of Indian Gaming

Regulation, and shall conduct any necessary additional Background Investigation to ensure

that the stateState background investigation is complete and current.

Commission shall conduct Background Investigations on a sufficient number of randomly

selected applications in order to verify the accuracy of all applications. The random

selection process must be identified by regulation of the Commission.

(1) The random selection process must be identified by regulation of the

Commission.

501.13-10. Licensing Action in a Foreign Jurisdiction. If the statesStates of Wisconsin, New

Jersey, Nevada or any other gaming jurisdiction refusesrefuse to renew a License or permit, or

conditions, suspends, or revokes the License or permit of an Applicant, permittee, or Licensee,

such action may constitute grounds for similar action by the Commission.

501.13-11. Claim of Privilege. At any time during the licensing or permitting process, the

Applicant may claim any privilege afforded by law.

(a) An Applicant’s claim of privilege with respect to the production of requested

information or documents or the provision of required testimony or evidence may

constitute grounds for the denial, suspension or revocation of a License or permit.

501.13-12. Withdrawal of an Application. An Applicant may request to withdraw an application

by submitting a written request to the Commission.

(a) The Commission retains the right, in its exclusive discretion, to grant or deny a

request for withdrawal.

(b) An Applicant who withdraws an application is precluded from reapplyingre-applying

for a Gaming Services License or Non-Gaming Services permit for a period of one (1) year

from the date the application was withdrawn.

501.13-13. Suspension or Revocation of Gaming Services Licenses or Permits. Except as

provided in section 501.13-13(c),) of this Ordinance, no License or permit may be suspended or

revoked except after notice and opportunity for hearing.

(a) Basis for Licensing or Permitting Action. The Commission may suspend, modify, or

revoke any Gaming Services License or Non-Gaming Services permit issued under this

Ordinance if, after issuance of the License or permit, the Commission receives reliable

5 O.C. 501 – Page 22

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information that would justify denial of the issuance or renewal of a License or permit, or

if the Commission determines that the Licensee or permittee has:

(1) Knowingly made a materially false or misleading statement in any application

for a License or permit, in any amendment thereto, or in response to a request by

the Commission for supplemental information or in connection with any

investigation of the Commission;

(2) Knowingly promoted, played, or participated in any Gaming Activity

operated in violation of the Compact, or any Triballaw of the Nation, or other

applicable law;

(3) Bribed or attempted to bribe a Commissioner or any other person in an

attempt to avoid or circumvent any applicable law;

(4) Falsified any books or records relating to any transaction connected with

operation of a Gaming Activity;

(5) Refused to comply with a lawful directive of the TribeNation, the federal

government, or any court of competent jurisdiction; or

(6) Been convicted of, or entered a plea of guilty or no contest to, a crime

involving the sale of illegal narcotics or controlled substances.

(b) Suspension Notice. The Commission shall provide a Licensee or permittee with

written notice of suspension, which must, at a minimum, notify the Licensee or permittee

of the following:

(1) The Licensee’s or permittee’s right to conduct a file review prior to any

hearing regarding the notice of suspension, and to make copies of any documents

in that file;

(2) The Licensee’s or permittee’s right to present documents and witness

testimony at the hearing and to be represented by counsel;

(3) The specific grounds upon which the suspension is based, including citations

to relevant sections of this Ordinance, the IGRA, any applicable regulations and/or

the Compact; and

(4) The time and place set by the Commission for the Licensee’s or permittee’s

file review and hearing.

and effective regulation and control of others require the immediate exclusion of a Licensee

or permittee, the Commission may immediately suspend a License or permit prior to a

hearing on the matter. Such an immediate suspension takes effect upon service of the

notice of immediate suspension.

(1) Such an immediate suspension takes effect upon service of the notice of

immediate suspension.

(d) File Review and Hearing. Any notice of suspension or notice of immediate

suspension must set forth the time and date for the Licensee or permittee to conduct a file

review and for a hearing.

(e) Final Written Decision. Within fifteen (15) business days after a hearing, the

Commission shall issue a final written decision and decide whether to suspend, uphold an

immediate suspension, revoke, or take other action concerning a License or permit.

(f) Default. If a Licensee or permittee fails to appear for his or her hearing before the

Commission, that right is deemed to have been waived and the Commission will proceed

on the proposed licensing action by default.

5 O.C. 501 – Page 23

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(g) Unless identified in this Ordinance or regulations of the Commission, the hearing

processes set forth in the OneidaNation’s Administrative Procedures Act shall apply.

501.13-14. Original Hearing Body. Any person aggrieved by a licensing or permitting decision

of the Commission may appeal the decision by filing a request for an original hearing before the

Commission.

(a) The Applicant, Licensee or permittee may file such request with the Commission in

writing on or before the fifteenth (15th) day following the receipt of the Commission’s

decision.

(b) The Commission shall certify the record, developed in accordance with section

501.13-9 or 501. 13 -13(a),) of this Ordinance, within thirty (30) days of the date of the

filing onof the request for an original hearing. The

(1) Those Commissioners participating in the initial licensing or permitting

decision may not participate in the original hearing.

permitting decision record and briefs filed regarding the request for reconsideration.

(1) The Commission may also, in its sole discretion, grant oral argument.

arguments.

(d) The Commission shall issue a written decision within one hundred twenty (120) days

from receipt of the request for the original hearing.

(1) The Commission’s decision is considered an original hearing decision and an

appeal may be made to the Judiciary as an appeal of an original hearing body.

501.14. Gaming Facility License

501.14-1. The construction and maintenance of any Gaming Facility, and the operation of

Gaming Activities, must be conducted in a manner which adequately protects the environment and

the public health and safety, and must comply with requirements of the Compact and all other

applicable health, safety, and environmental standards.

501.14-2. The Oneida Business Committee must receive, review and grant or deny any

application for licensing any Gaming Facilities located within the Reservation. Applicants shall

provide the Oneida Business Committee sufficient information to show the following:

(a) The Gaming Facility meets all applicable Federal and Tribal health and safety

standards of the Nation and Federal government.

(1) To show compliance with applicable health and safety standards, Gaming

Operator shall submit certified copies of Compliance Certificates issued by the

agencies responsible for the enforcement of the health and safety standards.

(2) If health and safety standards are not met, proof must be submitted by Gaming

Operator that the Gaming Facility is in the process of improvements which will

place the Gaming Facility in compliance with the applicable standards.

(b) The Gaming Facility meets applicable federal and Tribal environmental standards of

the Nation and Federal government.

(1) To show compliance with applicable environmental standards, Gaming

Operator shall submit certified copies of an Environmental Assessment of the

Gaming Facility which were prepared by the agency responsible for the

enforcement of applicable environmental standards.

(2) If the applicable environmental standards are not met, proof must be

submitted by Gaming Operator that Remediation of the Gaming Facility is being

5 O.C. 501 – Page 24

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actively sought which will place the Gaming Facility in compliance with the

applicable standards.

501.14-3. Upon receipt and review of the above information, the Oneida Business Committee

shall deliberate and either grant or deny for failure to meet the requirements of protecting the health

and safety of patrons, public and employees of a Gaming Facility License to the Applicant.

(a) The Oneida Business Committee shall submit to the NIGC a copy of each Gaming

Facility License issued.

501.14-4. If the Oneida Environmental, Health and Safety Department notifies the Oneida

Business Committee that a Gaming Facility will be closed by a governmental agency with proper

authority due to environmental, health or safety concerns, the Oneida Business Committee shall

suspend the License of the Gaming Facility.

(a) The Oneida Business Committee shall re-License the Gaming Facility after receiving

the information required in section 501.14-2 of this Ordinance.

501.15. Gaming Operator License

501.15-1. Consent to Jurisdiction. The application for License and the conduct of Gaming

within the jurisdiction of the TribeNation is considered consent to the jurisdiction of the

TribeNation in all matters arising from the conduct of Gaming, and all matters arising under any

of the provisions of this Ordinance or other Tribal laws of the Nation.

501.15-2. License Required. No Gaming Operator may conduct Gaming Activity unless such

entity holds a valid and current Gaming Operator License issued by the Commission.

501.15-3. Types of Licenses. The Commission may issue each of the following types of Gaming

Operator Licenses:

(a) Tribally-Owned or Tribally-Operated Class II. This License is required of all

Tribally-owned or Tribally-operated Gaming Operations operating one or more Class II

Gaming Activities.

(b) Tribally-Owned or Tribally-Operated Class III. This License is required forof all

Tribally-owned or Tribally-operated Gaming Operations operating one or more Class III

Gaming Activities.

501.15-4. Gaming Operator License Qualifications. The Commission shall issue a Gaming

Operator License to any Gaming Operation if:

(a) The Gaming Operation is to be located within the Reservation, or land taken into trust

after October 17, 1988, for Gaming purposes;

(b) The Gaming Activity proposed to be played at the Gaming Operation is Class II or

Class III Gaming as defined by this Ordinance and IGRA; and

Committee.

501.15-5. Provisions of General Applicability to All Gaming Operators.

(a) Site and Gaming Operator Specified. Each Gaming Operator License may be

applicable only to one (1) Gaming Operation and the Gaming Facility named on the

License.

(b) License Not Assignable. No Gaming Operator License may be sold, lent, assigned or

otherwise transferred.

Ordinance and any regulations promulgated thereunder available for inspection by any

person at each Gaming Facility.

5 O.C. 501 – Page 25

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(d) Display of License. Each Gaming Operator must prominently display its License at

each Gaming Facility.

501.15-6. Grandfathered Gaming Facilities. All Gaming Operators operating on the effective

date of July 5, 2007, are hereby granted a License under this section.

501.15-7. License Application Fees and License Taxes. No application fees or License taxes

may be required by the TribeNation for a Gaming Operator License.

501.15-8. Closure of a Gaming Operation. If the Commission finds that any Gaming Operation

is operating in violation of this Ordinance, or otherwise presents a threat to the public, the

Commission shall immediately notify the Oneida Business Committee.

(a) The Oneida Business Committee may close any Gaming Operation temporarily or

permanently at any time with or without cause, at its sole discretion.

501.16. Games

501.16-1. Class II and Class III Games are hereby authorized by this Ordinance.

501.16-2. Gaming Procedures. Games operated under this Ordinance must be consistent with

the Compact and any amendments thereto and the Internal Control Standards and Rules of Play of

the Gaming Operation.

501.16-3. Who May Not Play. It is the policy of the TribeNation that particular Gaming

Employees, employees of the Commission, particular governmental officials, and consultants who

directly advise the Commission or employees at Gaming Facilities regarding gaming related

activities may not participate in Gaming Activities conducted at Gaming Operations.

(a) At a minimum, members of the Oneida Business Committee, the Commission, the

gaming general managerGaming General Manager, assistant gaming general managers,

directors of individual Games and assistant directors of individual Games may not

participate in any Gaming Activity within the Reservation.

(a) b) The Oneida Business Committee may identify by resolution additional positions

restrictions on Gaming Activity conducted at Gaming Facilities. Such resolution must be

on file with the Commission.

(b)

(1) Such resolution must be on file with the Commission.

their own standard operating procedure identifying other positions and any applicable

restrictions on Gaming Activity conducted at Gaming Facilities.

(1) The standard operating procedure and the list of positions must be on file with

the Commission.

501.17. Allocation of Gaming Funds

501.17-1. Net Gaming revenues may only be used for the following purposes:

(a) To fund Tribal government operations, programs, or services. of the Nation;

(b) To provide for the general welfare of the TribeNation and its members; provided, that

per capita payments may only be made pursuant to an approved revenue allocation plan.;

(d) To contribute to charitable organizations.;

(e) To assist in funding operations of other local governments.;

(f) To fund programs designed to provide education, referrals, and treatment of Gaming

addiction disorders.; and

(g) Any

For any other purpose as determined by the Oneida General Tribal Council

5 O.C. 501 – Page 26

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or the Oneida Business Committee which is not inconsistent with the Oneida Nation

Constitution of the Tribe and IGRA.

501.18. Audits

501.18-1. Annual Audit. An annual audit of each Gaming Operation must be conducted by an

independent, certified public accounting firm according to generally accepted accounting

principles. Copies of the annual audit must be provided to the Oneida Business Committee, the

Oneida Audit Committee, the Commission, and the NIGC by said certified public accounting firm.

(a)

(a) Copies of the annual audit must be provided to the Oneida Business Committee, the

Nation’s Audit Committee, the Commission, and the NIGC by said certified public

accounting firm.

(b) All contracts for supplies, services, or concessions for the Gaming Operations in

excess of twenty-five thousand dollars ($25,000.00) are subject to audit as prescribed in

this section. Contracts for legal services and accounting services are exempt from this

requirement of the Ordinance.

(1) Contracts for legal services and accounting services are exempt from this

requirement.

501.18-2. Other Audits. All audits, other than the annual audit under section 501.18-1 of this

Ordinance, must be conducted pursuant to the OneidaNation’s Internal Audit Lawlaw or any other

applicable law of the TribeNation, and other audits authorized under the Compact.

501.18-3. Request for Audits. Any audit, except the annual audit whichthat is mandated by

IGRA, may be authorized at any time by the Oneida General Tribal Council, the Oneida Business

Committee or the OneidaNation’s Audit Committee.

501.19. Enforcement and Penalties

501.19-1. No individual or entity may own or operate a Gaming Facility unless specifically

authorized to do so pursuant to this Ordinance.

501.19-2. Violations/Prosecutions. Violators of this Ordinance may be subject to disciplinary

action and, as well as civil and/or criminal prosecutions.

501.19-3. Remedies. The Oneida Business Committee may authorize commencement of an

action in any court of competent jurisdiction to recover losses, restitution, and forfeitures resulting

from violations of this Ordinance.

End.

Adopted

Emergency Amended

Amendment

Emergency Amended

Permanent Adoption

Amended

Emergency Amended

Amended

Emergency Amended

Emergency Extended

Amended

GTC-7-05-04-A

BC-7-14-04-A

BC-10-06-04-D

BC-11-03-04-A

BC-3-23-05-C

BC-9-23-09-D

BC-06-25-14-C (effective 11 01 2014)

BC-10-08-14-C (effective 11 01 2014)

BC-09-09-15-A (effective 09 09 2015)

BC-05-12-21-D

BC-11-10-21-A

BC-__-__-__-__

5 O.C. 501 – Page 27

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Appendix 1. Vendor License/Permit

State conducts Investigation,

Gaming Commission

receives application and

opportunity to 001m1ent

unde( Compact. Gaming

Commission oonduC1S review

and update investigation.

C::Omplete applications are

I.._

flied, random ln'olSS!lgatlons

Complete backgroun,d

investigation conducted

of application information are \

cooducted

Gaming Services Vendor +$50k

State lnvestigatioo

Compac~ Article VII

Gamilng Seivlces Vendor -S50k

Gaming Commission Investigation

Non-Gaming Services V8"dor

Gaming Commission Application

Garring &,,vices Vendor

" "- "-

State Certificate

With

Gaming Venda, License

(

Garring Vendor License

5 O.C. 501 – Page 28

)

Gaming Vendor Permit

53 of 148

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

April 20, 2022

Children’s Code Amendments

Submission Date: 10/7/20

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term. On August 25, 2020, the Oneida Law Office

and Indian Child Welfare Department requested that emergency amendments be made to the Children’s

Code to address customary adoption. The departments were seeking that customary adoption be changed

to a suspension of rights rather than a termination of rights in order to allow for the adopting family to be

eligible for Adoption Assistance with the State. On August 28, 2020, the LOC considered this request and

determined that it did not meet the standard for emergency amendments provided by the Legislative

Procedures Act, but that the LOC would add this item to the AFL for amendments to be made via the

normal legislative process.

10/7/20 LOC: Motion by Kirby Metoxen to add the Children’s Code Amendments to the Active Files List

with David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

10/13/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Tina Jorgenson, Jennifer Berg-Hargrove, Heather

Lee. Alebra Cornelius, Peggy Schneider, Rhiannon Metoxen, Kristal Hill. This work meeting

was held over Microsoft Teams. On July 22, 2020, the OBC was asked to consider amending

resolution BC-07-26-17-J to permanently adopt the policy set forth by the March 20, 2020,

COVID-19 Core Decision Making Team’s “Suspension of Transfer of Cases in Resolution#

BC-07-26-17-J, Adoption of the Children's Code and the Nation's Indian Child Welfare Act

Policy” declaration. The OBC adopted a motion to accept the request as information and send

to the LOC for processing. The purpose of this work meeting was to allow the ICW

Department and Law Office an opportunity to provide the LOC with more information on

why this change should be made on a permanent basis beyond the Public Health State of

Emergency. The LOC decided to pursue this change, and directed the LRO Attorney to draft

a resolution which amends the policy on the transfer of cases.

3/3/21 LOC:

Motion by Jennifer Webster to deny the request for emergency amendments due to the fact

that it does not meet the standard for emergency legislation provided by the Legislative

Procedures Act which is that it is necessary for the immediate preservation of the public health,

safety, and general welfare of the Reservation population, and move this item from a medium

priority to a high priority with direction that this be worked on as expeditiously as possible;

seconded by Daniel Guzman King. Motion carried unanimously.

4/12/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Kristina Denny, Patricia

DeGrand, Rhiannon Metoxen. This work meeting was held over Microsoft Teams. The

purpose of this work meeting was for the Family Court to provide a “Children’s Code 101”

and then for the workgroup to begin reviewing the Children’s Code line-by-line and discussing

potential amendments to the law.

Page 1 of 2

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

54 of 148

4/12/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius,

Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill, Rhiannon Metoxen.

This work meeting was held over Microsoft Teams. The purpose of this work meeting was for

the Indian Child Welfare (ICW) Department to provide a “Children’s Code 101” and then for

the workgroup to begin reviewing the Children’s Code line-by-line and discussing potential

amendments to the law.

4/26/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Hon. Marcus Zielinski,

Kristina Denny, Patricia DeGrand, Rhiannon Metoxen, Kristal Hill. This work meeting was

held over Microsoft Teams. The purpose of this work meeting was for the workgroup to

continue reviewing the Children’s Code line-by-line and discussing potential amendments to

the law.

6/4/21:

Work Meeting. Present: Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius,

Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill. This work meeting

was held over Microsoft Teams. The purpose of this work meeting was to review and discuss

potential amendments to the law.

2/16/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Lydia Witte. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to allow Attorney Lydia

Witte to introduce herself to the LOC and provide some background on the amendments the

ICW Department is requesting.

4/12/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Carmen Vanlanen, Lydia Witte, Peggy Van Gheem, Jennifer

Berg-Hargrove, Heather Lee, Alebra Metoxen, Michael Hoeft, Hon. Robert Collins II, Hon.

Rodney Dequaine, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to review the initial draft of proposed

amendments to the Children’s Code.

Next Steps:

 Approve the draft of the Children’s Code amendments and direct that a legislative analysis be

developed.

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

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ONEIDA

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Title 7. Children, Elders and Family - Chapter 708

CHILDREN’S CODE

Latiksa>sh&ha Laotilihw@=ke

the children – their issues

CHILDREN’S CODE

708.1.

708.2.

708.3.

708.4.

708.5.

708.6.

708.7.

708.8.

708.9.

708.10.

708.11.

708.12.

708.13.

708.14.

708.15.

708.16.

708.17.

708.18.

708.19.

708.20.

708.21.

708.22.

708.23.

708.24.

708.25.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Scope

Jurisdiction

Nation’s Child Welfare Attorney

Indian Child Welfare Department Duties and

Responsibilities

Guardian ad litem

Advocate

Cultural Wellness Facilitator and Healer

Order of Placement Preferences

Notice of Petition

Hearings (General)

Discovery and Records

Taking a Child into Custody

Emergency Custody Hearing

Petition for a Child in Need of Protection or Services

Consent Decree

Plea Hearing for a Child in Need of Protection or

Services

Fact-finding Hearing for a Child in Need of Protection

or Services

Department’s Disposition Report for a Child in Need of

Protection or Services

Dispositional Hearing for a Child in Need of Protection

or Services

Permanency Plans

Change in Placement

Trial Reunification

708.26.

708.27.

708.28.

708.29.

Revision of Dispositional Orders

Extension of Dispositional Orders

Continuation of Dispositional Orders

Guardianship for Certain Children in Need of Protection

or Services

708.30. Revisions of Guardianship Order

708.31. Termination of Guardianship

708.32. Suspension or Termination of Parental Rights

708.33. Voluntary Suspension or Termination of Parental Rights

708.34. Grounds for Involuntary Suspension or Termination of

Parental Rights

708.35. Petition for Suspension or Termination of Parental

Rights

708.36. Initial Hearing on the Suspension or Termination of

Parental Rights Petition

708.37. Fact Finding Hearing for a Suspension or Termination of

Parental Rights

708.38. Department’s Suspension or Termination of Parental

Rights Report

708.39. Standards and Factors

708.40. Dispositional Hearings for Suspension or Termination of

Parental Rights

708.41. Adoption

708.42. Adoption Criteria and Eligibility

708.43. Adoption Procedure

708.44. Non-Compliance with a Residual Rights Agreement

708.45. Peacemaking and Mediation

708.46. Appeals

708.47. Liability

708.1. Purpose and Policy

708.1-1. Purpose. The purpose of this law is to provide for the welfare, care, and protection of

Oneida children through the preservation of the family unit, while recognizing that in some

circumstances it may be in the child’s best interest to not be reunited with his or her family.

Furthermore, this law strengthens family life by assisting parents in fulfilling their responsibilities

as well as facilitating the return of Oneida children to the jurisdiction of the Nation and

acknowledging the customs and traditions of the Nation when raising an Oneida child.

708.1-2. Policy. It is the policy of the Nation to ensure there is a standard process for conducting

judicial proceedings and other procedures in which children and all other interested parties are

provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while

protecting the public safety.

708.2. Adoption, Amendment, Repeal

708.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-26-17-J.,

and amended by resolution BC-__-__-__-__.

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708.2-2. 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.

708.2-3. 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.

708.2-4. 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. Provided that, this law repeals the following:

(a) Resolution # BC-09-25-81 Oneida Child Protective

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.