# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab8cea1c37ab85998 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 148 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. I. 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 V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 148 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ 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), I. 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. V. 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 3 of 148 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 4 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 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. 5 of 148 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 6 of 148 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. 7 of 148 Analysis to Draft 2 2022 04 20 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 1 2 3 4 5 6 7 8 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. 9 10 11 12 13 14 15 16 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 17 18 19 20 21 22 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. 8 of 148 Analysis to Draft 2 2022 04 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 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; 9 of 148 Analysis to Draft 2 2022 04 20 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 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 97 98 99 100 101 102 103 104 105 106 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]. 107 108 109 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 10 of 148 Analysis to Draft 2 2022 04 20 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 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. 11 of 148 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. (c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business 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 12 of 148 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 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; (c) does not discriminate in favor of members of the governing body 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 (c) submits a completed application during the designated submission timeframe. 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; (C) street address, city, state, zip code; (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 13 of 148 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 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 (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. 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 14 of 148 134 135 136 137 138 139 140 141 142 143 144 145 146 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 15 of 148 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 Page 1 of 5 A good mind. A good heart. A strong fire. 16 of 148 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. Page 2 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 17 of 148 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. Page 3 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 18 of 148 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. Page 4 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 19 of 148 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 A good mind. A good heart. A strong fire. ~ ONEIDA 20 of 148 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. Page 1 of 4 A good mind. A good heart. A strong fire. 21 of 148 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 A good mind. A good heart. A strong fire. Page 2 of 4 ~ ONEIDA 22 of 148 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 A good mind. A good heart. A strong fire. Page 3 of 4 ~ ONEIDA 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 A good mind. A good heart. A strong fire. Page 4 of 4 ~ ONEIDA ~ 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. 25 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 501.11. 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); 5 O.C. 501 – Page 1 26 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (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 (c) individuals and businesses leasing, occupying, or otherwise using Tribal Fee Land on 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. (c) “Class I Gaming” means social games solely for prizes of minimal value or traditional 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 5 O.C. 501 – Page 2 27 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 objects, similarly numbered or designated, are drawn or electronically determined. (C) The game is won by the first person covering a previously designated 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 5 O.C. 501 – Page 3 28 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 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. 5 O.C. 501 – Page 4 29 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 501.4. 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 (c) Individuals and businesses leasing, occupying, or otherwise using Tribal Fee Land 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, 5 O.C. 501 – Page 5 30 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 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. (c) b) Nothing in this Ordinance nor any action of the Commission may be construed to 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. (c) Background Investigation. No person may be considered for election or appointment 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: 5 O.C. 501 – Page 6 31 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 (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; (c) Possesses a financial interest in or management responsibility for any Gaming 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 1 This section taken substantially from Section IX of the Tribe-State Gaming Compact. 5 O.C. 501 – Page 7 32 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 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. (c) To draft, and approve, subject Subject to review and adoption by the Oneida 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. 5 O.C. 501 – Page 8 33 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 (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. (C) Should the Oneida Business Committee pursue amendments to the 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 5 O.C. 501 – Page 9 34 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 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 5 O.C. 501 – Page 10 35 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 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; (c) Quarterly, or as may be directed by the Oneida Business Committee, reports of the 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. (c) Work cooperatively with the Gaming Security Department to carry out its official 5 O.C. 501 – Page 11 36 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 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. (c) Work cooperatively with Gaming Surveillance to carry out its official duties and to 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 5 O.C. 501 – Page 12 37 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 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. 5 O.C. 501 – Page 13 38 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 501.12. 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). (c) The names and current addresses, of at least three (3) personal references, including 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; 5 O.C. 501 – Page 14 39 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 (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. (c) Is determined to be a person whose prior activities, criminal record, reputation, habits, 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 5 O.C. 501 – Page 15 40 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 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. (c) Create an investigative report based on each Background Investigation performed. ; (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) (C) A summary of the information presented in the investigative report, 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 5 O.C. 501 – Page 16 41 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 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. (c) The Commission retains the right to grant, deny, revoke, condition, suspend, or 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. (c) If, within the thirty (30) day period after the NIGC receives the notice of results, the 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;. 5 O.C. 501 – Page 17 42 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 (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; (C) Has bribed or, attempted to bribe, or has received a bribe from, a 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. (c) Immediate Suspension. If, in the judgment of the Commission, the public interest, 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. 5 O.C. 501 – Page 18 43 of 148 Draft 1 (Redline to Last Permanent Law BC-09-09-15-A) 2022 03 16 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 (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 (c) Those Commissioners serving on the original hearing body may not include 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 licensin [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab8cea1c37ab85998. Public record. Not legal advice.