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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Microsoft Teams

November 1, 2023

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. October 18, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Clean Air Policy Amendments (pg. 4)

IV.

New Submissions

1. Oneida Nation Commission on Aging Bylaws Amendments (pg. 20)

2. Southeastern Wisconsin Oneida Tribal Services Advisory Board Bylaws Amendments (pg. 35)

3. Oneida General Welfare Law Amendments (pg. 45)

4. Onʌyoteʔaꞏká niʔi Commission Bylaws (pg. 53)

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of the LOC and LRO Annual Reports for GTC (pg. 67)

2. Legislative Operating Committee Community Meeting Notice (pg. 75)

3. Legislative Operating Committee Fiscal Year 2023 Fourth Quarter Report (pg. 76)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=ODDDOO

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Microsoft Teams 1

October 18, 2023

9:00 a.m.

Present: Jameson Wilson, Marlon Skenandore, Jonas Hill. Jennifer Webster, Kirby Metoxen

Others Present: Clorissa N. Leeman, Grace Elliott, Kristal Hill, Fawn Cottrell, Maureen Perkins,

Fawn Billie, Janice Decorah, Justin Nishimoto, Rae Skenandore, Carrie Lindsey, Brooke Doxtator,

Joy Salzwedel, Katsitsiyo Danforth, Eric Boulanger, Krystal John, Matthew Denny, Michelle

Montoya, Michelle Tipple, Mark Powless, Debra Santiago, Keith Doxtator, Michelle Braaten,

Michelle Madl, Rhiannon Metoxen, Tina Jorgensen, Todd Vanden Heuvel, Vanessa Miller

Call to Order and Approval of the Agenda

Jameson Wilson called the October 18, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster approve the agenda; seconded by Marlon Skenandore. Motion

carried unanimously.

II.

Minutes to be Approved

1. October 4, 2023 LOC Meeting Minutes

Motion by Jonas Hill to approve the minutes from the October 4, 2023, LOC meeting and

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

unanimously.

III.

Current Business

IV.

New Submissions

Additions

VI.

Administrative Items

1. Children’s Code: One Year Review Memorandum

Motion by Jennifer Webster to approve the Children’s Code One Year Review

Due to the Norbert Hill Center’s Oneida Business Committee Conference Room being closed due to maintenance

issues, this Legislative Operating Committee meeting was held solely on Microsoft Teams.

GOOOOO

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

Legislative Operating Committee Meeting Minutes of October 18, 2023

Page 1 of 2

ONEIDA

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memorandum and forward to the Oneida Business Committee; seconded by Jonas Hill.

Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:15 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of October 18, 2023

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

November 1, 2023

Clean Air Policy

Amendments

Submission Date: 1/18/23

LOC Sponsor: Jennifer Webster

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term. On January 10, 2023, the LOC received a

request from Retail to consider amendments to the Clean Air Policy to create an exemption for smoking

cigars and tobacco in pipes within a premise designated by retail as a tobacco store, on or in premises

controlled by Oneida Retail, that sells tobacco product and in which the smoking of only cigars and

tobacco in pipes is permitted.

1/18/23 LOC: Motion by Jennifer Webster to add the Clean Air Policy amendments to the Active Files List

with David P. Jordan as the sponsor; seconded by Marie Cornelius. Motion carried

unanimously.

1/26/23:

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

King, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work

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

discuss the proposed draft of amendments to the Clean Air Policy.

2/1/23 LOC:

Motion by Marie Cornelius to approve the draft of the Clean Air policy amendments and direct

that a legislative analysis be completed; seconded by Daniel Guzman King Motion carried

unanimously.

2/20/23:

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

Cornelius, Clorissa N. Leeman, Debra Danforth, Michelle Tipple, Victoria Flowers, Brittany

Nicholas, Kristal Hill. This was a work meeting held on Microsoft Teams. The purpose of this

work meeting was to review and discuss the proposed draft of amendments to the Clean Air

Policy all allow the Comprehensive Health Division and the Environmental, Health, Safety,

Land, And Agriculture Division the opportunity to provide input on the proposed

amendments.

3/20/23:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Clorissa N.

Leeman, Debra Danforth, Michelle Tipple, Victoria Flowers, Brittany Nicholas, James

Petitjean, James Snitgen, Debra Powless, Timothy Skenandore, Carl Artman, Kristal Hill.

This was a work meeting held on Microsoft Teams. The purpose of this work meeting was to

review and discuss the proposed draft of amendments to the Clean Air Policy all allow the

stakeholders the opportunity to provide input on the proposed amendments before the LOC

makes a policy decision as to what direction to go with the amendments.

7/10/23 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis of the Clean

Air Policy amendments; seconded by Kirby Metoxen. Motion carried unanimously.

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10/4/23 LOC: Motion by Jonas Hill to add the Clean Air Policy Amendments to the Active Files List with

Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion carried

unanimously.

10/18/23:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Clorissa Leeman, Grace Elliott, Maureen Perkins, Fawn Cottrell. The purpose of this work

meeting was for the new Legislative Operating Committee to review and approve the draft

and legislative analysis for the proposed amendments to the Clean Air Policy.

Next Steps:

 Approve the public meeting packet for the Clean Air Policy Amendments, and forward the

Clean Air Policy amendments to a public meeting to be held on December 15, 2023.

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

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Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation by prohibiting

smoking.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself, and that second-hand

smoke is harmful to others. In addition, the long -term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

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

411.2-3. 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.

411.2-4. 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.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. 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) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

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(a) in any building owned or operated by the Nation;

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings; and, unless otherwise prohibited by a lease or rental agreement; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment:

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

facilities where minors are present.

Amended – BC-02-24-10-I

4 O.C. 411 – Page 2

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Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

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ONEIDA NATION PUBLIC MEETING NOTICE

TUESDAY, DECEMBER 15, 2023, 12:15 pm

Find Public Meeting Materials at

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

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

CLEAN AIR POLICY AMENDMENTS

The purpose of the Clean Air Policy is to provide a healthy working and learning environment

within buildings and vehicles owned and operated by the Nation by prohibiting smoking.

The Clean Air Policy amendments will:

 Include a new exemption to the prohibition of smoking, which is a tobacco store, on or in

premises controlled by Oneida Retail, that sells tobacco product, unless prohibited by

Oneida Retail or the terms and conditions of the lease.

 Clarify the exemption to the prohibition of smoking for residential buildings owned by the

Nation only applies if not otherwise prohibited by a lease or rental agreement.

 Eliminate the requirement that a suspension for a second violation of this law be one (1)

week in length, providing the supervisor and HRD greater flexibility in determining a suspension length that best fits the violation.

 Make other minor drafting changes.

Individuals may attend the public meeting for the proposed Clean Air Policy amendments 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 TUESDAY, DECEMBER 26, 2023

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 Clean Air Policy amendments please review the public meeting packet

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

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CLEAN AIR POLICY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Include a new exemption to the prohibition of smoking, which is a

tobacco store, on or in premises controlled by Oneida Retail, that sells

tobacco product, unless prohibited by Oneida Retail or the terms and

conditions of the lease. [4 O.C. 411.4-2(b)(3)];

 Clarify the exemption to the prohibition of smoking for residential

buildings owned by the Nation only applies if not otherwise prohibited

by a lease or rental agreement. [4 O.C. 411.4-2(b)(2)];

 Eliminate the requirement that a suspension for a second violation of this

law be one (1) week in length, providing the supervisor and HRD greater

flexibility in determining a suspension length that best fits the violation.

[4 O.C. 411.4-4(b)(2)]; and

 Make other minor drafting changes.

The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation

by prohibiting smoking. [4 O.C. 411.1-1].

Oneida Nation employees and community members.

A public meeting is scheduled for December 15, 2023. The public comment

period will be held open until December 26, 2023.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Clean Air Policy was originally adopted by the Oneida Business by motion on May

25, 1994, and then amended through resolutions BC-02-24-10-I, and BC-05-28-14-A. The purpose of

the Clean Air Policy is to provide a healthy working and learning environment within buildings and

vehicles owned and operated by the Nation by prohibiting smoking. [4 O.C. 411.1-1]. It is the policy

of the Nation to commit to promoting health and wellness in all forms, by prohibiting smoking. [4 O.C.

411.1-2].

B. Request for Amendments. On January 10, 2023, the LOC received a request from Retail to consider

amendments to the Clean Air Policy to create an exemption for the prohibition from smoking in any

building of the Nation for smoking cigars and tobacco in pipes within a premise designated by retail as

a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product and in which

the smoking of only cigars and tobacco in pipes is permitted. The Legislative Operating Committee

added the Clean Air Policy amendments to its Active Files List on January 18, 2023.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Clean Air Policy and this legislative analysis:

 Oneida Law Office;

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 Gaming;

 Retail;

 Comprehensive Health Division; and

 Environmental, Health, Safety, Land, and Agriculture Division.

B. The following laws were reviewed in the drafting of this analysis:

 Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

SECTION 5. CONTENTS OF THE LEGISLATION

A. The development of the proposed amendments to the Clean Air Policy complies with the process set

forth in the Legislative Procedures Act (LPA).

 On January 18, 2023, the Legislative Operating Committee added the Clean Air Policy

amendments to its Active Files List.

 On February 1, 2023, the Legislative Operating Committee approved the draft of the proposed

amendments to the Clean Air Policy and directed that a legislative analysis be developed.

 On July 10, 2023, the Legislative Operating Committee approved the updated draft and

legislative analysis.

 On October 4, 2023, the Legislative Operating Committee readded the Clean Air Policy

amendments to its Active Files List for the 2023-2026 legislative term.

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

regarding the development of the amendments to this Law:

 January 26, 2023: LOC work session;

 February 20, 2023: LOC work session with the Comprehensive Health Division and the

Environmental, Health, Safety, Land, and Agriculture Division; and

 March 20, 2023: LOC work session with the Comprehensive Health Division, Retail, Gaming,

Oneida Law Office, and the Environmental, Health, Safety, Land, and Agriculture Division.

 October 18, 2023: LOC work session.

A. Exemptions to the Prohibition of Smoking. The proposed amendments to the Clean Air Policy include

a new exemption to the prohibition of smoking, which is a tobacco store, on or in premises controlled

by Oneida Retail, that sells tobacco product, unless prohibited by Oneida Retail or the terms and

conditions of the lease. [4 O.C. 411.4-2(b)(3)]. Previously, the Clean Air Policy only included

exemptions to the prohibition of smoking for cultural usage, all gaming areas in any building of the

Nation, and residential buildings that are owned by the Nation. [4 O.C. 411.4-2(a)-(b)(1)-(2)]. The

proposed amendments also provide clarification that the exemption for residential buildings owned by

the Nation only applies if not otherwise prohibited by a lease or rental agreement. [4 O.C. 411.42(b)(2)].

 Effect. An additional exemption was added to the Clean Air Policy in an effort to provide Retail

with an opportunity to pursue the development of a cigar bar in one of the Oneida One Stop retail

locations. Clarification was added to the exemption for residential buildings in recognition that a

lease or rental agreement may further prohibit smoking within a residential building owned by the

Nation.

B. Violations of the Clean Air Policy. The proposed amendments to the Clean Air Policy clarify that any

employee of the Nation who violates this law during their work hours may be subject to disciplinary

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action in accordance with the Nation’s laws and policies governing employment, which is the Oneida

Personnel Policies and Procedures. [4 O.C. 411.4-4(b)]. The proposed amendments to the Clean Air

Policy then demonstrates that the disciplinary action an employee may be subject to includes a written

warning for a first-time violation; a suspension without pay for a second violation; or termination from

employment for any violation thereafter. [4 O.C. 411.4-4(b)(1)-(3)]. Previously, the Clean Air

Policy provided that a first violation of this law would result in a reprimand, but the Clean Air Policy

was not specific as to what that reprimand would consist of. Additionally, the Clean Air Policy

previously provided that a second violation of this law would result in a suspension for one (1) week.

The proposed amendments to the Clean Air Policy eliminated the one (1) week requirement for

suspensions and instead provide the supervisor with discretion to determine the appropriate length of

the suspension. The Oneida Personnel Policies and Procedures requires that a supervisor consult with

the Executive Director of the Human Resources Department to mutually determine the appropriate

length of the suspension, and that any suspension be limited to a maximum of three (3) weeks. [Oneida

Personnel Policies and Procedures Section V.D.5.f.1].

 Effect. This proposed amendments to the Clean Air Policy provide greater clarification as to how

violations of this law are addressed for employees who violate the Clean Air Policy during their

work hours.

SECTION 6. EXISTING LEGISLATION

100

101

102

103

104

105

SECTION 7. OTHER CONSIDERATIONS

A. Related Legislation. The following laws of the Nation are related to the Clean Air Policy:

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide for the Nation’s employee related policies and procedures including

recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

 Section V.D of the Oneida Personnel Policies and Procedures specifically addresses

complaints, disciplinary actions and grievances. Section V.D.2.b of the Oneida Personnel

Policies and Procedures provides that a supervisor is required to initiate disciplinary actions

commensurate with the seriousness of the unsatisfactory performance, and a supervisor must

consider each disciplinary action in progressive order and justify a deviance from that

recommended progression.

 The proposed amendments to the Clean Air Policy clarify that any employee of the Nation who

violates this law during their work hours may be subject to disciplinary action in accordance

with the Nation’s laws and policies governing employment, which is the Oneida Personnel

Policies and Procedures. [4 O.C. 411.4-4(b)].

A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-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.

 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

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106

107

statement be completed.

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Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR POLICY

411.1. Purpose and Policy

411.2. Adoption, Amendment, Conflicts

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. It is theThe purpose of this Clean Air Policylaw is to provide a healthy working

and learning environment within buildings and vehicles owned and operated by the Oneida

TribeNation by prohibiting smoking.

411.1-2. Policy. The Oneida TribeIt is committedthe policy of the Nation to commit to promoting

health and wellness in all forms. There is long standing evidence that smoking is harmful to

oneself, and that second-hand smoke is harmful to others. In addition, the long -term effects of

electronic cigarettes on individuals are unclear. In an effort to provide a healthy environment for

children, employees, and visitors, smoking willshall be restrictedprohibited as described within

this policylaw.

411.2. Adoption, Amendment, ConflictsRepeal

411.2-1. This Policylaw was adopted by motion of the Oneida Business Committee on May 25,

1994, and amended by resolutionresolutions BC-02-24-10-I and, BC-05-28-14-A., and BC-____-__-__.

411.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee or

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

411.2-3. Should a provision of this Policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this Policylaw

which are considered to have legal force without the invalid portions.

411.2-4. In the event of a conflict between a provision of this Policylaw and a provision of another

law, ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Policylaw shall

control. Provided that, nothing in this Policy is intended to repeal or modify any existing law,

ordinance, policy, regulation, rule, resolution or motion.

411.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this Policy.

law. All words not defined herein shall be used in their ordinary and everyday sense.

(a)

(a) “Building” means a structure that has a roof and more than two (2) substantial

walls.

(b)

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine,

or other chemicals or substances, by inhaling a vaporized liquid and shall include the

cartridges and other products used to refill the device. “Electronic cigarette” shall not

include any device that is prescribed by a healthcare professional.

(c)

(d)

(d) “Main entrance” means the front entrance to any building, or any entrance a

majority of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(e)

(f) “Smoke” or “Smoking” means the inhalation of:

(1)

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

4 O.C. 411 – Page 1

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(2) (2) a vaporized liquid from an electronic cigarette, whether the liquid contains

or does not contain nicotine.

(f)

“Tribe”(g) “Tobacco product” means the Oneida Tribeany form of Indians of

Wisconsintobacco prepared in a manner suitable for smoking.

411.4. Regulation of Smoking

411.4-1. Except as provided in 411.4-1(b)(1) and 411.4-2, noProhibition of Smoking. No person

may smoke:

(a) in any building owned or operated by the Tribe.Nation;

(b) within thirty (30) feet of any building owned or operated by the Tribe. Nation.

Receptacles for disposing of smoking materials shall be maintained at least thirty (30) feet

from the main entrances of the building.; or

(1) Exception. A person may smoke within thirty (30) feet of the Oneida One

Stopretail outlets or any gaming establishments. Receptacles for disposing of

smoking materials may be maintained within thirty (30) feet of the entrances of

these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) There shall be an exemption for specific cultural uses for theCultural Usage. The

reasonable burning of tobacco, sage, cedar, and/or sweetgrass. shall be exempted for

cultural usage. Employees working in the vicinity of this cultural use shall be notified prior

to use.

(b) SpecificallyExempted Locations. The following locations shall be exempted from this

policy arethe prohibition of smoking:

(1) all gaming areas in any Tribal building. of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the TribeNation, including, but not

limited to, single-family dwellings, two- (2) family dwellings, and multiple-family

dwellings., unless otherwise prohibited by a lease or rental agreement; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All Tribal buildings of the Nation, except for those listed in

exempted by section 411.4-2(b),) of this Law, shall be posted as “Non-Smoking” on entrances. In

addition, the hallways, restroom facilities, and other public areas of these buildings may also be

posted as “Non-Smoking.” Signs shall be large enough that they can be viewed and read thirty

(30) feet from the building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Oneida Business CommitteeNation

may file for injunctive relief with the Tribe’s judicial systemNation’s Judiciary against any

person who repeatedly or willfully violates this policylaw.

(b) An employee of the TribeNation who violates this policylaw during his or hertheir

4 O.C. 411 – Page 2

16 of 79

Draft 3 – PM Draft (Redline to Current)

2023 11 01

work hours may be subject to the following disciplinary action in accordance with the

Nation’s laws and policies governing employment:

(1) reprimandedwritten warning for a first -time violation;

(2) suspended without pay for one (1) week for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted - 5– OBC motion on 05-25-94, motion, graceGrace period for thirty (30) feet until shelters complete, except

for at educational facilities where minors are present.

Amended – BC-02-24-10-I

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

17 of 79

Draft 3 – PM Draft

2023 11 01

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation by prohibiting

smoking.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself, and that second-hand

smoke is harmful to others. In addition, the long-term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

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

411.2-3. 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.

411.2-4. 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.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. 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) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

4 O.C. 411 – Page 1

18 of 79

Draft 3 – PM Draft

2023 11 01

(a) in any building owned or operated by the Nation;

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings, unless otherwise prohibited by a lease or rental agreement; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment:

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

facilities where minors are present.

Amended – BC-02-24-10-I

4 O.C. 411 – Page 2

19 of 79

Draft 3 – PM Draft

2023 11 01

Amended – BC-05-28-14-A

Amended – BC__-__-__-__

4 O.C. 411 – Page 3

20 of 79

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida•nsn.gov

OODDOD=

ONEIDA

AGENDA REQUEST FORM

1) Request Date: October 16, 2023

2) Contact Person(s): Winnifred Thomas

Dept:ONCOA

Phone Number: 920-869-1150

3) Agenda Title: ONCOA Chair

Email: wtho@oneidanation.org

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

Update the Oneida Nation Commission on Aging Bylaws and create an

Elder Law

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

l) 2019 10 09 Adopted ONCOA Bylaws

3) _____________

4) __________

2) __________

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

Chapter 105 BCC Law, BC Resolution 04-13-22-B

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

7) Do you consider this request urgent?

If yes, please indicate why:

□Yes

[j]No

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

the Legislative Operating Committee.

Please send thisform and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box365

Oneida, WI 54155

Phone 920-869-4376

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

ONEIDA NATION COMMISSION ON AGING (ONCOA) BYLAWS

21 of 79

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Nation Commission on Aging

and may be referred to as ONCOA.

1-2.

Establishment. ONCOA was first established by the Oneida Business Committee in 1978

pursuant to a duly enacted Charter and Bylaws that were amended on May

27, 1986. The Charter was revoked through resolution BC-2-09-00-A and

superseded by the Oneida Nation Commission on Aging Bylaws that were

adopted by the Oneida Business Committee on June 10, 1998 and amended

on June 25, 2003; December 13, 2011; and July 11, 2012.

1-3.

Authority.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Pursuant to Section 46.82(4)(a) of the Wisconsin Statutes, the Oneida

Business Committee established ONCOA as the advisory and policy

development board for the Nation’s Tribal Aging Unit, known as Oneida

Elder Services, to be knowledgeable and supportive of all programs and

services that can meet the needs of the Nation’s Elders and to carry out the

powers and duties delegated under Wis. Stat., § 46.82, which include, but

are not limited to:

Representing the views, interests, and concerns of the Elders by identifying

and promoting ways to:

(1)

Assist the Oneida Elder Services Program with planning,

development, maintenance and coordination of aging programs,

long term care, home and community-based services, with a focus

on providing Elders with access to services, benefits, opportunities,

and ensuring a coordinated and comprehensive effort.

(2)

Develop a mutually supportive relationship with the aging programs

to include, but not be limited to: Greater Wisconsin Agency on

Aging Resource (GWAAR), Wisconsin Tribal Aging Unit

Association (WTAUA), and Great Lakes Intertribal Tribal Council

(GLITC).

(3)

Review and make recommendations on matters affecting the

Nation’s Elders to include development and approval of Wisconsin

Three Year Aging Plan.

Working with Oneida Elder Services to plan and develop administrative and

program policies in accordance with the state law, Oneida Nation, funding

agencies, and within the limits established for programs funded by the

federal or state government for administration by Tribal Aging Units;

Promoting the views, needs, and concerns of the Elders in Tribal, county,

state, and federal policies and decisions;

Providing information and personal support to individual Elders;

Promoting opportunities for Elders to contribute to their own welfare and to

the welfare of the community;

Assisting Oneida Elder Services in the development and implementation of

an annual comprehensive and coordinated Tribal Aging Plan, including, but

not limited to, Title III, Title V, Title VI, and Tribal contribution or funds

set aside for Elders;

Reviewing and making recommendations on actions or proposals relating

to matters affecting programs and benefits addressing Elder needs and

welfare prior to approval by the Oneida Business Committee;

(h)

(i)

(j)

(k)

1-4.

Office.

22 of 79

Assisting Oneida Elder Services in its efforts to organize, develop, modify,

and expand available services and programs for Elders by utilizing all

resources;

Reviewing reports that Oneida Elder Services is required to submit to

funding agencies and other reports that ONCOA may deem appropriate;

Advocating for Elders; and

Carrying out all other powers and/or duties delegated to ONCOA through

the laws, policies, rules and resolutions of the Oneida Nation, as well as

state and federal law.

The official mailing address of ONCOA shall be:

Oneida Nation Commission on Aging (ONCOA)

P.O. Box 365

Oneida, WI 54155

The physical address of ONCOA shall be:

ONCOA

c/o Elder Services Building

2907 Overland Drive

Oneida, WI 54155

1-5.

Membership.

(a)

Number of Members. ONCOA shall be comprised of nine (9) voting

Commissioners.

(b)

Elected. Commissioners of ONCOA shall be elected in accordance with the

Oneida Election law and in coordination with Section 46.82(4) of the

Wisconsin Statutes for a term of three (3) years.

(1)

The terms of three (3) Commissioners shall expire each year.

(2)

No Commissioner may serve more than two (2) consecutive three

(3) year terms.

(A)

A Commissioner who has completed two (2) consecutive

terms must wait a period of not less than one (1) year before

he or she is eligible to run for another term.

(3)

Commissioners shall hold office until their term expires, they resign,

or they are removed/terminated from office.

(A)

Although a member’s term has expired, he or she shall

remain in office and serve until a successor has been sworn

in by the Oneida Business Committee.

(B)

A Commissioner may resign at any time verbally at a

meeting or by delivering written notice to the Oneida

Business Committee Support Office and the ONCOA Chairperson or Chairperson’s designee.

(i)

The resignation is effective upon acceptance by

ONCOA motion of a Commissioner’s verbal

resignation or upon delivery of the written notices.

(c)

Vacancies. Vacancies on ONCOA shall be filled as follows:

(1)

Expired Terms. Vacancies caused by the expiration of a

Commissioner’s term shall be filled by election in with accordance

with section 1-5(b) of these bylaws.

Page 2 of 14

23 of 79

(2)

(d)

Unexpired Terms. Any vacancy in an unexpired term shall be filled

by appointment by the Oneida Business Committee, in accordance

with the Boards, Committees and Commissions law, for the balance

of the unexpired term.

(A)

The ONCOA Chairperson shall provide the Oneida Business

Committee recommendations on all applications for

appointment to fill a vacancy by the executive session in

which the appointment is intended to be made.

Qualifications for Commissioners. Commissioners shall meet the following

qualifications:

(1)

Be enrolled members of the Oneida Nation;

(2)

Reside in Brown or Outagamie County;

(3)

Be fifty-five (55) years of age or older; and

(4)

Must have submitted to the Wisconsin Caregiver’s Background

Check and been deemed eligible to work with Elders.

1-6.

Termination and Removal. Commissioners found to be in violation of these bylaws may

be subject to the following:

(a)

If the Commissioner was elected, ONCOA’s filing of a petition for his or

her removal pursuant to the Removal law and/or any other law of the Nation

governing the removal of elected officials.

(b)

If the Commissioner was appointed, ONCOA’s recommendation to the

Oneida Business Committee for termination of his or her appointment in

accordance with the Boards, Committees and Commissions law and/or any

other law of the Nation governing termination of appointed officials.

(c)

Petitions for removal and/or recommendations for termination shall be

decided in accordance with the process set forth in Article IV of these

bylaws.

1-7.

Trainings and Conferences. For ONCOA to perform its duties, certain trainings and/or

conferences are mandatory for Commissioners and will be assigned to them.

The list of trainings/conferences included in this section of the bylaws

ensures that all ONCOA Commissioners are equally knowledgeable of their

duties and responsibilities. The following is a list of trainings and

conferences that ONCOA believes are critical for Commissioners to attend

to be able to perform their duties and responsibilities. A Commissioner shall

be required to attend up to five (5) full days of trainings/conferences each

year or as limited by ONCOA’s approved budget. Exceptions for not

attending an assigned training or conference may be made for good cause

and must be submitted to the ONCOA Chairperson. Regardless of the

number of trainings/conferences that he or she is required to attend, no

Commissioner shall be eligible to receive stipends for attending more than

five (5) full days of mandatory trainings/conferences per year.

(a)

Up to nine (9) Commissioners shall attend the Annual Federal Title VI

Native American Training and Technical Assistance for four (4) full days;

(b)

Up to nine (9) Commissioners shall attend the Biennial National Indian

Council on Aging (NICOA) held every other year for four (4) full days;

(c)

Three (3) Commissioners shall attend the Annual Wisconsin Alzheimer’s

Conference for two (2) full days;

Page 3 of 14

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

Article II. Officers

2-1. Officers.

2-2.

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Three (3) or four (4) Commissioners shall attend the Wisconsin Tribal Unit

Association six (6) times per year for one (1) full day;

Up to nine (9) Commissioners shall attend the Quarterly Great Lakes Native

American Elders Association (GLNAEA) four (4) times per year for two

(2) full days;

Three (3) Commissioners shall attend the National Conference on Native

Alzheimer’s/Dementia for three (3) full days;

Three (3) Commissioners shall attend the U.W. Madison Alzheimer’s

Research Center Training four (4) times per year for one (1) full day;

Three (3) Commissioners shall attend the National Council on Aging

Conference for three (3) full days;

Up to nine (9) Commissioners shall attend the Biennial Title III – Wisconsin

Aging Network Conference for three (3) full days;

Two (2) Commissioners shall attend the State Aging Advisory Council six

(6) times per year for one (1) full day;

One (1) Commissioner shall attend the Greater Wisconsin Agency on Aging

Resource Board of Directors six (6) times per year for one (1) full day;

One (1) Commissioner shall attend the Brown County Aging and Disability

Resource Center six (6) times per year for one (1) full day;

One (1) Commissioner shall attend the Outagamie County Aging and

Disability Resource Center six (6) times per year for one (1) full day;

Three (3) Commissioners shall attend training and/or conferences on aging

each year, not listed above, for one (1) full day;

Nine (9) Commissioners shall attend between one (1) to four (4) full day

Oneida Human Resources Department training sessions each year to save

on travel;

Each year, up to nine (9) Commissioners shall attend one (1) full day of

training on the topic of personal/professional growth that is aligned with the

Nation’s core values of The Good Mind as expressed by On<yote>a’ka;

Each year, up to nine (9) Commissioners shall attend one (1) full day of

training on nutrition;

Each year, up to nine (9) Commissioners shall attend one (1) full day of

training on elderly health concerns; and

Each year, up to nine (9) Commissioners shall attend one (1) full day of

training on cultural awareness to build stronger communities.

ONCOA shall have three (3) Officers: Chairperson, Vice-Chairperson and

Secretary.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the

Chairperson shall be as follows:

(a)

The Chairperson shall preside at all meetings of ONCOA, facilitate the

meetings in accordance with the agenda, and maintain orderly discussions

at the meetings.

(b)

The Chairperson shall be responsible for calling and developing an agenda

in conjunction with the ONCOA Secretary and, if applicable, ONCOA

Staff.

(c)

The Chairperson shall receive, review, and monitor all correspondence of

ONCOA and submit a quarterly ONCOA report to the Oneida Business

Page 4 of 14

25 of 79

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

Committee in accordance with the Boards, Committees and Commissions

law.

The Chairperson shall be responsible for submitting an approved semiannual and annual ONCOA report to the Oneida General Tribal Council in

accordance with the Boards, Committees and Commissions law for

inclusion in reports to the Nation’s membership.

The Chairperson shall oversee that the appropriate and/or required reports

are submitted to agencies and other funding resources in a timely manner.

The Chairperson shall provide monthly ONCOA budget updates at regular

meetings of ONCOA.

The Chairperson shall have sign-off authority as set forth in section 2-8 of

these bylaws and shall sign all correspondence of ONCOA, including

reports, meeting materials and other documents.

The Chairperson shall meet with the Oneida Business Committee liaison

and Elder Services Director, as needed.

The Chairperson or Chairperson’s designee shall attend all annual, semiannual, and budget meetings to support Elders and ONCOA.

The Chairperson or Commissioner designated by the Chairperson shall

attend the Oneida Business Committee meeting where ONCOA’s quarterly

report appears on the agenda.

The Chairperson shall supervise and evaluate ONCOA Staff, hired prior to

the adoption of these bylaws, in accordance with the Nation’s Personnel

Policies and Procedures.

The Chairperson shall appoint Commissioners to subcommittees created by

majority vote of the Commissioners in attendance at an ONCOA meeting

of an established quorum.

The Chairperson shall perform other duties as assigned by ONCOA or the

Oneida Business Committee.

2-3.

Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of

the Vice-Chairperson shall be as follows:

(a)

The Vice-Chairperson shall perform the duties of the Chairperson in the

absence or incapacity of the Chairperson.

(1)

In case of a resignation or death of the Chairperson, the ViceChairperson shall become the Chairperson for the remainder of the

term or until an election of Officers occurs.

(b)

The Vice-Chairperson shall have sign-off authority as set forth in section 28 of these bylaws.

(c)

The Vice-Chairperson shall have the authority to call to order and preside

at ONCOA meetings in the absence of the Chairperson.

(d)

The Vice-Chairperson shall perform other duties assigned by the ONCOA

Chairperson.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the

Secretary shall be as follows:

(a)

The Secretary shall be responsible to ensure the correspondence and

minutes of ONCOA are maintained, recorded and filed in accordance with

these bylaws, the Boards, Committees and Commissions law, and the Open

Records and Open Meetings law.

Page 5 of 14

(b)

(c)

(d)

(e)

26 of 79

The Secretary shall ensure that notices of ONCOA meetings, location,

agendas and minutes are provided, recorded and maintained in accordance

with the Boards, Committees and Commissions law, the Open Records and

Open Meetings law, and these bylaws.

The Secretary shall have sign-off authority as set forth in section 2-8 of

these bylaws.

In the event that both the Chairperson and Vice-Chairperson positions

become vacant before the end of their terms, the Secretary shall have the

authority to call ONCOA meetings to fill the vacancies and to preside over

those meetings for the sole purpose of conducting an election of new

Officers, at which point the Chairperson, or Vice-Chairperson in the

absence of the Chairperson, shall preside.

The Secretary shall perform other duties as assigned by ONCOA.

2-5.

Responsibilities of the Commissioners. In addition to any other duties assigned the

Commissioners in these bylaws, the responsibilities, duties and limitations

of the Commissioners shall be as follows:

(a)

The Commissioners shall attend regularly scheduled ONCOA meetings,

provide direction or input, and participate in discussions.

(b)

The Commissioners shall attend meetings, trainings/conferences, and workshops approved by the majority vote of ONCOA Commissioners making

up at least a quorum, unless excused.

(c)

The Commissioners shall participate in advocacy efforts.

(d)

The Commissioners shall take time to review all ONCOA reports and

minutes.

(e)

The Commissioners are mandated reporters and should report Elder abuse

to the Elder Services Director.

(f)

The Commissioners shall perform other duties as assigned by the ONCOA

Chairperson or by a majority vote of the Commissioners making up at least

a quorum.

2-6.

Subcommittees. Subcommittees shall be created when necessary in accordance with the

Boards, Committees and Commissions law and filled by current ONCOA

Commissioners.

(a)

To create a subcommittee, ONCOA must approve the subcommittee and its

purpose by a majority vote of Commissioners in attendance at an ONCOA

meeting of an established quorum.

(b)

Subcommittees are voluntary and appointed by the Chairperson.

(c)

A Commissioner’s appointment to a subcommittee shall be terminated upon

completion of the term which will result in a written report to ONCOA.

(d)

If the subcommittee is no longer meeting a valid need or goal of ONCOA,

that subcommittee shall be ended at any time by a majority vote of the

ONCOA Commissioners at the meeting of an established quorum.

(e)

Commissioners of subcommittees shall not be eligible for stipends unless a

specific exception is made by the Oneida Business Committee or the Oneida

General Tribal Council.

2-7.

Selection of Officers.

(a)

The tenure of Officers shall be for one (1) year terms by election of a

majority vote of the ONCOA Commissioners in attendance at a meeting of

Page 6 of 14

27 of 79

(b)

(c)

(d)

an established quorum that takes place within thirty (30) days after the

newly elected Commissioners have been sworn in by the Oneida Business

Committee.

In case of a resignation or vacancy of an ONCOA Officer position, ONCOA

will hold an election within thirty (30) days to fill that vacancy by majority

vote of the Commissioners in attendance at an ONCOA meeting of an

established quorum for the remainder of that term of the resigning or

vacating Officer.

A Commissioner may be dismissed from his or her Officer position by a

majority vote of the Commissioners in attendance at an ONCOA meeting

of an established quorum.

ONCOA Officers may only hold one (1) Officer position per Officer term.

2-8.

Budgetary Sign-Off Authority and Travel. ONCOA shall follow the Nation’s policies and

procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority are as set forth in the manual titled,

Oneida Tribe of Indians of Wisconsin Purchasing Policies and Procedures,

for Area Directors/Enterprise Directors.

(1)

All ONCOA Officers have sign-off authority and two (2) Officers

shall be required to sign-off on all budgetary requests, except as

follows:

(A)

The Oneida Business Committee Support Office shall have

sign-off authority over requests for stipends, travel per diem

and business expense reimbursement.

(b)

Travel shall be approved through a motion by a majority vote of the

ONCOA Commissioners in attendance at a regular or emergency ONCOA

meeting of an established quorum.

2-9.

Personnel (Staff). Commencing on the date these bylaws are adopted by the Oneida

Business Committee and from that point forward, ONCOA shall not have

authority to hire personnel for the benefit of ONCOA.

Article III. Meetings

3-1. Regular Meetings. Regular meetings of ONCOA shall be held on the second (2nd) and

fourth (4th) Tuesday of each month, commencing at 1:00 p.m., in the Elder

Services Conference Room of the Elder Services building located in

Oneida, Wisconsin.

(a)

The regular meeting date, time and/or location may change from time-totime as determined by majority vote of the Commissioners in attendance at

an ONCOA meeting of an established quorum so long as notice is provided

to all Commissioners in writing and, along with the public, in accordance

with the Nation’s Open Records and Open Meetings law prior to the

implementation of a new date, time and/or location.

(b)

The ONCOA Secretary shall ensure notice of the meeting agenda, location,

documents and minutes are provided, as well as made available, to all

Commissioners in writing and, along with the Oneida Business Committee

liaison and public, further made available in accordance with the Nation’s

Open Records and Open Meetings law.

(c)

ONCOA meetings shall be run in accordance with Robert’s Rules of Order.

Page 7 of 14

28 of 79

3-2.

Emergency Meetings. An emergency meeting may convene outside of regular meetings to

address an urgent matter. The urgent matter shall be identified in the notice

for the emergency meeting.

(a)

An emergency may be called by the Chairperson, Vice-Chairperson in the

absence of the Chairperson, or by a majority vote at an established quorum

of ONCOA Commissioners.

(b)

The Secretary shall ensure that at least twenty-four (24) hours advance

notice of the emergency meeting is provided to all Commissioners via

telephone call, as well as in writing, and, along with the public, further

provided in accordance with the Open Records and Open Meetings law.

(1)

Written notice provided via email must be sent to the official Oneida

Nation email address that was provided to each Commissioner to

conduct business electronically on behalf of ONCOA.

(c)

Within seventy-two (72) hours after the emergency meeting, the ONCOA

Secretary or, if applicable, ONCOA Staff shall provide the Nation’s

Secretary with notice of the emergency meeting, the reason for the

emergency meeting, and an explanation of why the matter could not wait

until the next regular meeting.

3-3.

Joint Meetings. Joint Meetings with the Oneida Business Committee will be held in the

Oneida Business Committee Conference Room of the Norbert Hill Center,

on an as needed basis per the approval of the Oneida Business Committee.

(a)

Notice of the joint meeting agenda, documents and minutes shall be

provided, and the joint meeting conducted, in accordance with resolution

BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with

Boards, Committees and Commissions – Definitions and Impact, as may be

amended from time-to-time hereafter.

3-4.

Closed and/or Confidential Sessions.

(a)

Meetings of ONCOA shall be open to the general public.

(b)

For the purpose of confidentiality, pursuant to the Nation’s Open Records

and Open Meetings law, portions of any regular or emergency meeting may

be closed to address individual issues, personnel issues, sensitive client

issues, or community sensitive issues and shall be addressed under the

Executive Session portion of the agenda.

3-5.

Quorum.

(a)

3-6.

A quorum of ONCOA Commissioners shall be required for ONCOA action

and shall consist of five (5) Commissioners one (1) of which shall be either

the Chairperson, Vice-Chairperson, or Secretary; provided, the Secretary is

presiding over the meeting in accordance with section 2-4(d) of these

bylaws.

If a quorum is not present within fifteen (15) minutes of the announced

meeting time, the meeting will be declared dismissed.

Order of Business. As far as applicable, the agenda shall be set up as follows:

(a)

Call to Order

(b)

Welcome and Prayer

(c)

Roll Call

(d)

Adopt and Approve the Current Agenda

(e)

Approval of Previous Minutes on Second Meeting of the Month

Page 8 of 14

(f)

(g)

(h)

(i)

(j)

(k)

(l)

3-7.

Voting.

(a)

(b)

Old Business

New Business

Tabled Business

Reports and Announcements

Other Business

Executive Session

Adjournment

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Decisions of ONCOA shall be based on a majority vote of Commissioners

present at a regular or emergency meeting of an established quorum.

The ONCOA Chairperson or Officer presiding over the meeting in lieu of

the Chairperson shall vote only in the case of a tie.

E-polls are permissible and shall be conducted in accordance with the

Boards, Committees and Commissions law.

(1)

The Vice-Chairperson shall serve as the Chairperson’s designee for

the responsibility of conducting an e-poll in the absence or at the

discretion of the Chairperson.

(A)

In the absence of the Vice-Chairperson, the Secretary shall

be responsible for conducting e-polls.

Article IV. Expectations

4-1. Behavior of Commissioners.

(a)

While attending ONCOA meetings, the Commissioners must adhere to the

following Ground Rules:

(1)

Start on time.

(2)

Speak in positive terms.

(3)

Show respect for each other and their ideas.

(4)

Listen.

(5)

Turn off cell phones during meetings.

(6)

Facilitator will acknowledge the right to speak.

(7)

One person speaks at a time.

(8)

Avoid side conversations.

(9)

Stay focused.

(b)

Commissioners must attend and participate in duly called ONCOA

meetings. This is critical for the operation of ONCOA and the safety of

Elders.

(c)

No Commissioner shall act independently of ONCOA, on behalf of

ONCOA, or express and represent views of ONCOA without specific

approval from ONCOA.

(d)

Commissioners must adhere to the Oneida Nation’s Code of Ethics law.

(e)

Commissioners must honorably protect and uphold the purpose of ONCOA

with compassion, caring, honesty, honor, and thoroughness while protecting

the privacy and maintaining the safety of Elders.

(f)

While performing official duties of ONCOA, Commissioners will refrain

from using profanity.

(g)

Enforcement: Violation of this or any section of these bylaws shall be

enforced as follows:

(1)

A Commissioner who fails to adhere to the Ground Rules may be

forced to leave a meeting, forfeiting his or her stipend if eligible to

receive a stipend for being in attendance; or, if that Commissioner

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(2)

(3)

(4)

(5)

continues to fail to adhere to the Ground Rules or the infraction at

issue is egregious, he or she shall be added to the agenda for

discussion and action under subsections (4) and (5) of this section.

A Commissioner who fails to be courteous, civil, polite and

respectful to all will give cause for the Chairperson to request a

break, talk to the Commissioner in private and, based on that

discussion and/or the number of infractions, the Commissioner may

be forced by the Chairperson to leave the meeting, forfeiting his or

her stipend if eligible to receive a stipend for being in attendance, or

the Commissioner may be added to the agenda for discussion and

action under subsections (4) and (5) of this section.

A Commissioner who fails to attend meetings on a regular basis or

misses four (4) consecutive meetings, without an excused absence,

will prompt the ONCOA Chairperson to add the attendance issue to

the agenda for discussion and action under subsections (4) and (5)

of this section.

(A)

A Commissioner who fails to notify an ONCOA Officer, in

writing, of his or her pending absence at least thirty (30)

minutes before the missed meeting shall be deemed

unexcused.

A Commissioner who violates any other section of these bylaws or

who has been added to the agenda in accordance with subsection (g)

of this section shall be subject to the following:

(A)

If the Commissioner was elected, ONCOA may file a

petition for his or her removal pursuant to the Removal law

and/or any other law of the Nation governing the removal of

elected officials.

(B)

If the Commissioner was appointed, ONCOA may make a

recommendation to the Oneida Business Committee for

termination of his or her appointment in accordance with the

Boards, Committees and Commissions law and/or any other

law of the Nation governing termination of appointed

officials.

(C)

ONCOA may take action to discipline any Commissioner in

accordance with any law of the Nation governing sanctions

and penalties for elected and/or appointed officials.

(D)

A two-thirds (2/3) majority vote of the ONCOA membership

is required before ONCOA may take any of the actions set

forth under this subsection (4) of section 4-1.

Prior to taking any action under subsection (4) of this section, the

ONCOA Chairperson or Officer designated by the Chairperson will

send a certified letter to that Commissioner asking what his or her

intent is serving on ONCOA.

(A)

If the Commissioner fails to respond to ONCOA within

seven (7) business days of receiving the letter, that

Commissioner will be placed on the agenda for discussion

and action under subsection (4) of this section.

(B)

If the Commissioner provides a timely response to ONCOA,

that Commissioner will be placed on the agenda to decide by

majority vote of Commissioners in attendance at a meeting

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of an established quorum whether, based on the response, he

or she shall be offered the opportunity to take part in peacemaking in lieu of action under subsection (4) of this section.

(i)

If the Commissioner agrees to peacemaking, the

ONCOA Chairperson shall select the peacemaker.

4-2.

Prohibition of Violence. It is the policy of the Nation to provide a safe and secure

environment when conducting business that is free of violence or the threat

of violence.

(a)

ONCOA Commissioners are prohibited from committing any violent

intentional act that inflicts, attempts to inflict, or threatens to inflict

emotional or bodily harm on another person, or damage to property.

(1)

Commissioners are encouraged to report threats of or observed

violence to the ONCOA Chairperson or Oneida Police Department.

4-3.

Drug and Alcohol Use. While acting in their official capacity, Commissioners shall not use

or be under the influence of alcohol, intoxicants, illegal drugs or

barbiturates.

4-4.

Social Media. ONCOA Commissioners shall comply with the Oneida Nation’s Social

Media Policy to include, but not be limited to, setting up an ONCOA Social

Media account with the Nation’s Secretary’s Office.

(a)

If creating a social media account, ONCOA must appoint an Administrator

for the social media account and this appointment must be approved at an

ONCOA meeting of an established quorum by a majority vote of the

Commissioners in attendance.

(b)

Commissioners shall adhere to their oath of office when using social media

while acting on behalf of or as a representative of ONCOA, and shall further

refrain from posting, attaching or writing anything relating to ONCOA

business or activities on any social media outlet unless authorized by these

bylaws or by a majority vote of the Commissioners in attendance at an

ONCOA meeting of an established quorum.

4-5.

Conflict of Interest. All Commissioners shall comply with all applicable laws of the Oneida

Nation governing conflicts of interest.

(a)

All Commissioners shall sign the Oneida Nation’s Conflict of Interest

Disclosure Form prior to being sworn in on ONCOA.

(b)

Commissioners shall disclose any potential conflict to the ONCOA Chairperson and the Oneida Nation Secretary.

(c)

Commissioners shall recuse themselves from any decision where a potential

conflict exists.

(d)

In addition to any action that a Commissioner may be required to take under

any other law of the Nation governing conflicts, when a familial relationship

exists between a Commissioner and another party whom ONCOA is or will

be formally interacting with, that Commissioner, or other Commissioner

with knowledge of the relationship, shall disclose the existence of the

relationship to ONCOA.

(1)

Upon disclosure, ONCOA shall allow the Commissioner with the

familial relationship an opportunity to address ONCOA and answer

any question ONCOA may have in follow up.

Page 11 of 14

(2)

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ONCOA shall then decide by a majority vote of Commissioners in

attendance at a meeting of an established quorum whether a

potential conflict exists.

Article V. Stipends and Compensation

5-1. Stipends.

ONCOA Commissioners shall be eligible for the following stipends as set

forth in and subject to these bylaws; the Boards, Committees and

Commissions law; and resolution BC-05-08-19-B titled, Amending

Resolution BC-09-26-18-D Boards, Committees and Commissions Law

Stipends, as may be further amended from time-to-time hereafter:

(a)

Two (2) meeting stipends per month, provided that:

(1)

A quorum was established;

(2)

The meeting of the established quorum lasted for at least one (1)

hour; and

(3)

The Commissioner collecting the stipend was physically present for

the entire meeting.

(b)

For attending a conference or training, a stipend for each day of attendance,

provided that:

(1)

The Commissioner attended a full day of training or was present at

the conference for a full day;

(2)

The Commissioner’s attendance at the conference or training was

required by law, bylaws or resolution; and

(3)

The budget for the training/conference and stipend was provided for

and approved in the budgets for stipends.

(A)

No stipend payments shall be made for those days spent

traveling to and from the conference or training.

(c)

Stipends for Judiciary hearings:

(1)

An ONCOA Commissioner may receive a stipend for attending an

Oneida Judiciary hearing if that Commissioner’s attendance was

required by official subpoena.

(d)

A stipend for attending a duly called joint meeting between ONCOA and

the Oneida Business Committee, provided that:

(1)

A quorum was established by ONCOA;

(2)

The joint meeting lasted for at least one (1) hour; and

(3)

The Commissioner collecting the stipend was physically present for

the entire joint meeting.

(e)

All stipend requests shall be accompanied by the meeting sign-in sheet or

conference/training materials which identifies the start and end time of the

meeting, conference or training.

5-2.

Compensation. Besides the travel, per diem and business expense reimbursement

authorized by the Boards, Committees and Commissions law,

Commissioners shall not be eligible for any other type of compensation for

duties/activities they perform on behalf of ONCOA.

Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be maintained in a consistent format provided by the

Oneida Business Committee Support Office, as approved by ONCOA, and

submitted to the ONCOA Chairperson or, as applicable, ONCOA Staff

according to ONCOA’s established process.

Page 12 of 14

(a)

(b)

(c)

6-2.

Minutes.

(a)

(b)

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For items to be placed on the agenda, items must be submitted to the Chairperson or, as applicable, ONCOA Staff at least one (1) week prior to the

ONCOA meeting.

(1)

Items submitted late, will be placed on the next ONCOA meeting

agenda.

Packets of the proposed agenda and backup documentation shall be made

available to all ONCOA Commissioners in writing and, along with the

public, in accordance with the Nation’s Open Records and Open Meetings

law.

Executive session items shall be stamped confidential and returned to the

ONCOA Secretary or, if applicable, ONCOA Staff after the meeting for

filing and disposal in accordance with the Nation’s Open Records and Open

Meetings law.

Minutes for each meeting shall be typed and in a consistent format designed

by the Oneida Business Committee Support Office, and approved by

ONCOA, to generate the most informative record of the ONCOA meetings.

Minutes must provide a summary of the action taken by ONCOA in that

meeting.

After ONCOA receives and approves the meeting minutes, the ONCOA

Secretary or, if applicable, ONCOA Staff shall submit copies of the

approved minutes to the Oneida Business Committee Support Office by the

end of the fourth (4th) week of the month in which the meeting was held.

(1)

Minutes will be received at the first (1st) meeting of the month and

approved at the second (2nd) meeting of the month.

(2)

Minutes will be made available one (1) week prior to the second

(2nd) meeting upon request to the ONCOA Secretary or, if

applicable, ONCOA Staff.

(3)

The Secretary shall sign, date, and ensure approved minutes are

submitted to the Oneida Business Committee Support Office by the

end of the fourth (4th) week of each month.

6-3.

Attachments. Handouts, attachments, reports, memoranda and the like shall be attached

to and maintained with the meeting minutes and agenda in accordance with

the Open Records and Open Meetings law.

(a)

All materials must be identified to the meeting in which they were

presented.

6-4.

Oneida Business Committee Liaison. ONCOA shall regularly communicate with the

Oneida Business Committee member who is its designated liaison.

(a)

The frequency and method of communication shall be as agreed upon by

ONCOA and the liaison, but not less than that required in any law or policy

on reporting developed by the Oneida Business Committee or Oneida

General Tribal Council.

6-5.

Audio Recordings. All ONCOA meetings shall be audio recorded by the Oneida Business

Committee Support Office using its own recording device.

(a)

Audio recordings of ONCOA meetings shall be maintained by the Oneida

Business Committee Support Office.

Page 13 of 14

(b)

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Exception: Audio recordings of an Executive Session portion of a meeting

shall not be recorded.

Article VII. Amendments

7-1. Amendments. ONCOA shall adopt, amend, or repeal any provisions of these bylaws at a

meeting of an established quorum by a majority vote of the Commissioners

in attendance; provided, the proposed amendments had been submitted in

writing at a regular meeting of ONCOA.

(1)

Any amendments to these bylaws shall conform to the requirements

of the Boards, Committees and Commissions law and any other

policy of the Nation.

(a)

ONCOA shall conduct a review of these bylaws to ensure they remain

current at the beginning of each fiscal year.

(b)

Amendments shall be approved by ONCOA and the Oneida Business

Committee before implementation.

These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee

at a duly called meeting held on October 9, 2019, by the Secretary of the Oneida Business

Committee’s signature.

Lisa Summers, Secretary

Oneida Business Committee

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDDO

ONEIDA

AGENDA REQUEST FORM

October 16, 2023

1) Request Date: _____________________________________________________

Diane S Hill

2) Contact Person(s): ______________________________________

SEOTS

Dept:____________________________

414-517-8097

dhil@oneidanation.org

Phone Number:_________________________

Email: __________________________________

SEOTS Chair

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

Update the Southeastern Wisconsin Oneida Tribal Services Advisory

Board Bylaws

_______________________________________________________________________________

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

2020 02 12 Adopted SEOTS Bylaws

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

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

Chapter 105 BCC Law, BC Resolution 04-13-22-B

_______________________________________________________________________________

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

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

Iii No

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

36 of 79

SOUTHEASTERN WISCONSIN ONEIDA TRIBAL SERVICES (SEOTS) ADVISORY

BOARD BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Southeastern Wisconsin Oneida Tribal

Services (SEOTS) Advisory Board and may be referred to interchangeably

as SEOTS or the Board.

1-2.

Establishment. The Board was established through resolution BC-4-4-94-A, which was

adopted by the Oneida Business Committee on April 4, 1994 pursuant to

the authority delegated it under Article IV, Section 1 of the Oneida Nation

Constitution.

1-3.

Authority.

(a)

(b)

(c)

(d)

(e)

The Board was established for purposes of providing advice and

constructive input to the Southeastern Wisconsin Oneida Tribal Services

(SEOTS) Director working in partnership to formulate social services

programs for the Oneida people residing in Southeastern Wisconsin by,

including, but not limited to:

Acting as an ambassador for the SEOTS program by promoting its mission

whenever possible;

Reviewing the SEOTS program’s budget;

Guiding and advising the SEOTS administration;

Adhering to the appropriate chain of command in any and all relative

communications with the Oneida Business Committee; and

Carrying out all other powers and/or duties delegated to SEOTS by the laws

and/or policies of the Nation.

1-4.

Office.

The official mailing address of the Board shall be:

Southeastern Wisconsin Oneida Tribal Services Advisory Board

c/o Southeastern Wisconsin Oneida Tribal Services

5233 W. Morgan Avenue

Milwaukee, WI 53220

1-5.

Membership.

(a)

Number of Members. The Board shall consist of seven (7) members who

shall serve three (3) year terms.

(b)

Appointment. Board members shall be appointed in accordance with the

Boards, Committees and Commissions law.

(1)

Each member shall hold office until his/her terms expires, he/she

resigns, or his/her appointment is terminated in accordance with the

Boards, Committees and Commissions law.

(A)

Term Expiration. Although a member’s term has expired, he

or she shall remain in office until a successor has been sworn

in by the Oneida Business Committee.

(B)

Resignation. A member may resign at any time verbally at a

meeting or by delivering written notice to the Oneida

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(c)

(d)

Business Committee Support Office and the Board Chairperson or Chairperson’s designee. The resignation is deemed

effective upon acceptance by motion of a Board member’s

verbal resignation or upon delivery of the written notices.

Vacancies. Vacancies on the Board shall be filled in accordance with the

Boards, Committees and Commissions law.

(1)

The Board Chairperson shall provide the Oneida Business

Committee recommendations on all applications for appointment by

the executive session in which the appointment is intended to be

made.

Qualifications of Members. Board members shall meet the following

qualifications:

(1)

Be an enrolled member of the Nation;

(2)

Be at least eighteen (18) years of age or over; and

(3)

Reside within one (1) of the following six (6) Southeastern

Wisconsin Counties: Milwaukee, Racine, Kenosha, Waukesha,

Ozaukee and Washington.

1-6.

Termination. A Board member may have his or her appointment terminated in accordance

with the Boards, Committees and Commissions law.

(a)

Upon majority vote of the members in attendance at a Board meeting of an

established quorum, the Board may, by formal motion and action, request

that the Oneida Business Committee terminate a member’s appointment for

one (1) or more of the following reasons:

(1)

Accumulating four (4) unexcused absences from regularly

scheduled meetings within a twelve (12) month period.

(A)

An absence shall be deemed unexcused if a member fails to

provide written notice of his or her pending absence to a

Board Officer at least thirty (30) minutes before the missed

meeting.

(2)

Failing to attend at least fifty percent (50%) of the regularly

scheduled meetings within a twelve (12) month period for any

reason.

(3)

Using alcohol while performing official responsibilities of the Board

or using illegal drugs at any time.

(4)

Violating these bylaws and/or any other laws of the Nation.

(5)

Receiving a felony conviction while serving on the Board.

1-7.

Trainings and Conferences. Board members shall be required to attend mandatory trainings

and/or conferences in the following areas:

(a)

Robert’s Rules of Order;

(b)

Oneida Language Classes; and/or

(c)

New Board Member Orientation by the SEOTS Director.

(d)

Regardless of the number of trainings/conferences that he or she is required

to attend, no member shall be eligible to receive stipends for attending more

than five (5) full days of mandatory trainings/conferences per year.

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Article II. Officers

2-1. Officers.

The Board shall consist of the following Officers: Chairperson, ViceChairperson and Secretary.

2-2.

Responsibilities of the Chairperson. The responsibilities, duties and limitations of the

Chairperson shall be as follows:

(a)

Call and preside over all meetings of the Board.

(b)

Vote only in case of a tie.

(c)

Sign all correspondence of the Board.

(d)

Submit quarterly reports to the Oneida Business Committee, as well as

annual and semi-annual reports to the Oneida General Tribal Council, in

accordance with the Boards, Committees and Commissions law; and attend

or designate a Board member to attend the Oneida Business Committee

meeting where SEOTS’ quarterly report appears on the agenda.

(e)

Assign sub-committees as necessary and maintain Board functions and

responsibilities.

(f)

Prepare and follow scheduled order of business.

(g)

Perform such other duties and functions from time-to-time as may be

requested by the Director of SEOTS, who is of management staff of the

Oneida Nation; as required by the Constitution of the Oneida Nation; per

the direction of the Oneida General Tribal Council; or as provided for by

the laws of the Nation.

2-3.

Responsibilities of the Vice-Chairperson. The responsibilities, duties and limitations of the

Vice-Chairperson shall be as follows:

(a)

Perform the Chairperson’s duties under section 2-2 of these bylaws, in the

absence or incapacity of the Chairperson.

(1)

In the case of termination of appointment, resignation or death of

the Chairperson, the Vice-Chairperson shall become the Chairperson for the remainder of the Chairperson’s term.

(b)

Notify the Oneida Business Committee Support Office of any Board

vacancies or planned vacancies in accordance with the Boards, Committees

and Commissions law.

(c)

Perform such other duties and functions from time-to-time as may be

requested by the Director of SEOTS, who is of management staff of the

Oneida Nation; as required by the Constitution of the Oneida Nation; per

the direction of the Oneida General Tribal Council; or as provided for by

the laws of the Nation.

2-4.

Responsibilities of the Secretary. The responsibilities, duties and limitations of the

Secretary shall be as follows:

(a)

Provide notice of meeting agendas, documents, and minutes to all Board

members, as well as the public, in accordance with these bylaws and the

Nation’s Open Records and Open Meetings law.

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(b)

(c)

(d)

(e)

(f)

Record and review the minutes of the Board’s meetings and submit recorded

minutes to the Oneida Business Committee Support Office in accordance

with these bylaws.

Maintain files for all minutes, reports and correspondence to and from the

Board in accordance with the Open Records and Open Meetings law.

Submit signed and completed A/P Check Request Forms, Minutes

Approved Signature Sheets, and Meeting Attendance Sheets to the

appropriate recipient.

In the event that both the Chairperson and Vice-Chairperson positions

become vacant before the end of their terms, call Board meetings to fill the

vacancies and preside over those meetings for the sole purpose of

conducting an election of new Officers, at which point the Chairperson, or

Vice-Chairperson in the absence of the Chairperson, shall preside.

Perform such other duties and functions from time-to-time as may be

requested by the Director of SEOTS, who is of management staff of the

Oneida Nation; as required by the Constitution of the Oneida Nation; per

the direction of the Oneida General Tribal Council; or as provided for by

the laws of the Nation.

2-5.

Selection of Officers. Officers of the Board shall serve one (1) year terms.

(a)

Any member of the Board may self-nominate or be nominated for the

offices of Chairperson, Vice-Chairperson or Secretary.

(b)

Elections of Officers shall take place at the first regular Board meeting of

an established quorum in March of each year by majority vote of the

members in attendance.

(c)

Board members may be dismissed from their Officer positions by majority

vote of the members in attendance at a Board meeting of an established

quorum.

(d)

Board members may hold only one (1) Officer position per Officer term.

2-6.

Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and

procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority for the Board shall be as set forth in

the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies

and Procedures, for Area Directors/Enterprise Directors.

(b)

All Board Officers have sign-off authority and (2) Officers shall be required

to sign-off on all budgetary requests, except as follows:

(1)

The Oneida Business Committee Support Office shall have sign-off

authority over requests for stipends, travel per diem and business

expense reimbursement.

(c)

Travel shall be approved by majority vote of the members in attendance at

a regular or emergency Board meeting of an established quorum.

2-7.

Personnel.

The Board shall not have authority to hire personnel for the benefit of the

Board.

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Article III. Meetings

3-1. Regular Meetings. The Board’s regular meetings shall be held on the 2nd Monday of each

month, beginning at 6:00 p.m., in the SEOTS building located in

Milwaukee, Wisconsin.

(a)

The meeting date, time and location may change from time-to-time as

determined by a majority vote of the members consisting of no less than a

Board quorum so long as notice is provided to all members in writing and,

along with the public, in accordance with the Open Records and Open

Meetings law, prior to implementation of the new date, time and/or location.

(b)

The annual meeting schedule shall be posted in the SEOTS office, on the

Nation’s website and in the Kalihwisaks.

(c)

The Secretary shall provide notice of meeting agendas, documents and

minutes to all Board members in writing and, along with the public, in

accordance with the Open Records and Open Meetings law.

3-2.

Emergency Meetings. Emergency meetings may convene as needed outside of regular

meeting times when time sensitive issues require immediate action.

(a)

Board Officers may call emergency meetings so long as they provide notice

to the entire Board via telephone call and in writing a minimum of twentyfour (24) hours prior to the beginning of the meeting.

(1)

Notice provided to members via email must be sent to the official

Oneida Nation email address that was provided to each member to

conduct business electronically on behalf of the Board.

(2)

Notice of emergency meetings shall further be provided to all

members, as well as the public, in accordance with the Open

Records and Open Meetings law.

(b)

Within seventy-two (72) hours after an emergency meeting, the Board shall

provide the Nation’s Secretary with notice of the emergency meeting, the

reason for the emergency meeting, and an explanation as to why the matter

could not wait until the next regular meeting.

3-3.

Joint Meetings. Joint meetings with the Oneida Business Committee shall be held on an as

needed basis per the approval of the Oneida Business Committee.

(a)

Notice of the joint meeting agenda, documents and minutes shall be

provided, and the joint meeting conducted, in accordance with resolution

BC-03-27-19-D titled, Oneida Business Committee Joint Meetings with

Boards, Committees and Commissions – Definitions and Impact, as may be

amended from time-to-time hereafter.

3-4.

Quorum.

(a)

A quorum shall consist of at least four (4) Board members, one of which

shall be the Chairperson or the Vice-Chairperson.

The Board shall not conduct any official action without the presence of a

quorum.

Page 5 of 9

41 of 79

(b)

In lieu of the Chairperson and Vice-Chairperson, the Secretary may

complete the quorum for meetings that are called pursuant to section 2-4(e)

of these bylaws.

3-5.

Order of Business. The order of business, as far as applicable, shall be as follows:

(a)

Call to Order

(b)

Adopt the Agenda

(c)

Approval of Minutes

(d)

Old Business

(e)

New Business

(f)

SEOTS Director’s Report (once a month)

(g)

Other Business

(h)

Executive Session

(i)

Adjournment

3-6.

Voting.

(a)

(b)

Decisions of the Board shall be based upon a majority vote of members in

attendance at a regular or emergency Board meeting of an established

quorum.

The Chairperson, or Board Officer presiding in lieu of the Chairperson, shall

not be allowed to vote unless a tie needs to be broken.

E-polls are allowed so long as conducted in accordance with the Boards,

Committees and Commissions law.

(1)

The Vice-Chairperson shall serve as the Chairperson’s designee for

the responsibility of conducting e-polls in the Chairperson’s absence

or discretion.

Article IV. Expectations

4-1. Behavior of Members. While acting on behalf of the Board, members are prohibited from:

(a)

Bullying;

(b)

Name calling;

(c)

Using excessive profanity; and/or

(d)

Engaging in other disrespectful behavior deemed inappropriate by the

Board.

(e)

Enforcement. A member who violates this or any other section of these

bylaws and/or any governing law of the Nation, may be subject to one or

more of the following:

(1)

If deemed violent or threatening during a Board meeting, dismissal

from the meeting by the Chairperson or Vice-Chairperson.

(A)

If the unwanted behavior escalates after dismissal, the proper

authorities will be called.

(2)

By majority vote of the members present at a Board meeting of an

established quorum, the Board’s recommendation to the Oneida

Business Committee for the termination of his or her appointment.

(3)

Disciplinary action in accordance with any law of the Nation

governing sanctions and penalties for appointed officials.

Page 6 of 9

42 of 79

4-2.

Prohibition of Violence. Intentionally violent acts committed by a Board member that

inflict, attempt to inflict, or threaten to inflict emotional or bodily harm on

another person, or damage to property are strictly prohibited.

4-3.

Drug and Alcohol Use. Alcohol use while performing official responsibilities of the Board

or use of illegal drugs at any time by a Board member is prohibited.

(a)

Any member discovered to be under the influence of alcohol or an illegal

drug while attending a Board meeting or event will, along with any other

possible action under section 4-1, be dismissed by the Chairperson or ViceChairperson from that meeting/event.

4-4.

Social Media. Members shall comply with the Nation’s Social Media Policy, their oath of

office and the following when using social media on behalf or as a

representative of the Board.

(a)

Use of the SEOTS Advisory Board Facebook Page.

(1)

If a post by a Board member on any social media platform is made

and it is perceived in a negative or inappropriate way, that Board

member shall be counseled in the following meeting.

(2)

If a post is made by a community member and is perceived in a

negative or inappropriate way, one (1) of the three (3) administrators

will delete the comment or post. That community member will be

contacted by an administrator. If the conflict cannot be resolved, the

Board will decide how to proceed at the following Board meeting.

4-5.

Conflict of Interest. Board members shall comply with all laws and policies of the Nation

governing conflicts of interest.

Article V. Stipends and Compensation

5-1. Stipends.

Board members are eligible for the following stipends as set forth in and

subject to these bylaws; the Boards, Committees and Commissions law; and

resolution BC-05-08-19-B titled, Amending Resolution BC-09-26-18-D

Boards, Committees and Commissions Law Stipends, as may be further

amended from time-to-time hereafter:

(a)

One (1) meeting stipend per month, provided that:

(1)

A quorum was established;

(2)

The meeting of the established quorum lasted for a minimum of one

(1) hour; and

(3)

The member collecting the stipend was physically present for the

entire meeting of the established quorum.

(b)

A stipend for attending a Judiciary hearing if the member’s attendance was

required by official subpoena.

(c)

A stipend for attending a duly called joint meeting between the Board and

the Oneida Business Committee, provided that:

(1)

A quorum was established by the Board;

Page 7 of 9

43 of 79

(2)

(d)

5-2.

The joint meeting of the established quorum lasted for at least one

(1) hour; and

(3)

The member collecting the stipend was physically present for the

entire joint meeting.

A stipend for each day of attendance at a conference or training, provided

that:

(1)

The member attended a full day of training or was present at the

conference for a full day; and

(2)

The member’s attendance at the conference or training was

mandated by law, bylaws or resolution.

Compensation. Besides reimbursement for travel, per diem and business expenses

authorized by the Boards, Committees and Commissions law, members

shall not be entitled to any other form of compensation for duties/activities

performed on behalf of the Board.

Article VI. Records and Reporting

6-1. Agenda Items. Agendas shall be maintained in a consistent format furnished by the Oneida

Business Committee Support Office.

6-2.

Minutes.

(a)

Minutes shall be typed and in a consistent format designed by the Oneida

Business Committee Support Office to generate the most informative record

of the Board’s meetings.

Within thirty (30) days of Board approval, the Secretary shall submit the

minutes to the Oneida Business Committee Support Office for filing.

6-3.

Attachments. Handouts, reports, memoranda and the like shall be attached to the minutes

and agenda of the meeting in which they were presented to be maintained

in accordance with the Open Records and Open Meetings law.

6-4.

Oneida Business Committee Liaison. The Board shall regularly communicate with the

Oneida Business Committee member who is its designated liaison.

(a)

The frequency and method of communication shall be as agreed upon by

the Board and liaison, but no less than that required in any law or policy on

reporting developed by the Oneida Business Committee or Oneida General

Tribal Council.

(b)

The purpose of the liaison relationship is to uphold the ability of the liaison

to act as support to the Board.

6-5.

Audio Recordings. All meetings of the Board shall be audio recorded using a device

approved and/or furnished by the Oneida Business Committee Support

Office.

(a)

Audio recordings shall be maintained on the network in accordance with the

Open Records and Open Meetings law.

Page 8 of 9

44 of 79

(1)

Exception. Audio recordings of executive session portions of a

meeting shall not be required.

Article VII. Amendments

7-1. Amendments. These bylaws may be amended by majority vote of the members in

attendance at a Board meeting of an established quorum.

(a)

Proposed amendments to these bylaws must be presented at one Board

meeting and cannot be approved until a subsequent Board meeting.

(1)

A majority vote of the members in attendance at a Board meeting of

an established quorum is required before bylaws amendments will

be forwarded to the Oneida Business Committee for approval.

(b)

Amendments shall be approved by the Oneida Business Committee and/or

the General Tribal Council, before implementation.

(c)

Amendments to these bylaws must conform to the requirements of the

Boards, Committees and Commissions law, as well as any other policy of

the Nation.

(d)

The Board shall conduct a review of its bylaws no less than on an annual

basis.

These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee

at a duly called meeting held on February 12, 2020, by the Secretary of the Oneida Business

Committee’s signature.

Lisa Summers, Secretary

Oneida Business Committee

Page 9 of 9

45 of 79

Legislative Operating Committee

, ~t. o9trallng Co •

•;j

~0.

~·

...

Agenda Request Form

1) Request Date: October 18, 2023

Contact Person(s): _L_a_w_r_e_n_ce_B_a_rt_o_n_________ Dept: Oneida Business Committee

Phone Number: 920-869-4394

Email: lbarton2@oneidanation.org

3) Agenda Title: GWA Law Amendment

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

To start amendments in preparation of U.S. Treasury Guidance Memorandum to Tribal Nations expected

in the next three months.

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

l) See attached memorandum

3) _ _ _ _ _ _ _ _ _ _ __

2)__________

4) _ _ _ _ _ _ _ _ __

5) Please List any laws, ordinances or resolution that might be affected:

GWA Law attached

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

LOG members

7) Do you consider this request urgent?

li]Yes

D No

If yes, please indicate why: Year End Tax Reporting is approaching

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

Legislative Operating Committee

Signature of Requester:

/4 ~

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O.Box365

Oneida, WI 54155

Phone 920-869-4376

46 of 79

Oneida Nation

Oneida Business Committee

PO Box 365 • Oneida, WI 54155-0365

onelda-nsn,IJOV

ONEIDA

Memorandum

To:

LOC

From:

Larry Barton, Treasu~p-

Date:

October 18, 2023

Re:

General Welfare Exclusion Amendments

Legal Research is required to amend the General Welfare Exclusion Law. Areas to be clarified

with a forthcoming Guidance Letter from US Treasury includes the following areas of

applicability & specificity:

Cultural & religious practices.

Educational Assistance.

Minors Trnst Accounts.

Elder & Disabled Assistance.

"Other" Qualifying Assistance such as General Tribal Council Meeting &

Committee/Board/Commission Stipends.

I was present recently at the Fall Native American Finance Offices Fall Conference where Tribes

are developing and have implemented Policy (Law) construct to utilize existing Federal Tax

applicability to benefit Enrolled Members financially while exerting Sovereignty. Several

panelists at the NAFOA Conference in which I attended are members of the US Treasury Tribal

Taxation Advisory Committee (TTAC). I respectfully request General Welfare Exclusion

Amendments be added to the Legislative Operating Committee Active Files.

Page 1 of 1

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

47 of 79

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 12-08-21-A

Adoption of the Oneida General Welfare Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the purpose of the Oneida General Welfare law ("the Law") is to govern how the Nation

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

of the General Welfare Exclusion; and

WHEREAS,

in August 2020, the Law was first adopted by the Oneida Business Committee on an

emergency basis through resolution BC-08-12-20-D to provide a mechanism to address

the economic needs of members of the Nation during the COVID-19 pandemic by providing

a framework and guidelines for the Nation to establish and operate approved programs

which provide assistance to eligible members to promote the general welfare of the Nation,

including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment; and

WHEREAS,

in February 2021, emergency amendments to the Law were then adopted by the Oneida

Business Committee through resolution BC-02-10-21-B for the purpose of addressing how

an approved program would be adopted by the Oneida Business Committee in an effort to

allow for more flexibility and efficiency in addressing the needs of the Nation; and

WHEREAS,

on July 28, 2021, the Oneida Business Committee extended the emergency amendments

to this Law for an additional six (6) month period through the adoption of resolution BC-0728-21-M; and

WHEREAS,

the Law is now ready for permanent adoption by the Oneida Business Committee; and

WHEREAS,

the Law provides a framework for the Nation to develop approved programs to provide

assistance to members on a non-taxable basis in an effort to promote the general welfare

while ensuring compliance with the General Welfare Exclusion, 26 U.S.C. §139E, and

applicable Internal Revenue Service regulations or revenue procedures including I.R.S.

Rev. Proc. 2014-35, and that all assistance provided under this Law:

is available to any recipients who satisfy the program policies, subject to budgetary

■

restraints;

is made under an approved program that does not discriminate in favor of members of

■

the Nation's governing body;

is not provided as compensation for goods and/or services; and

■

48 of 79

BC Resolution# 12-08-21-A

Adoption of the Oneida General Welfare Law

Page 2 of 2

■

is not lavish or extravagant under the facts and circumstances, as determined by the

Oneida Business Committee; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was not held in accordance with the Legislative

Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

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, which was then subsequently extended through January

23, 2022, by the Oneida Business Committee through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A and BC-1124-21-F; and

WHEREAS,

Oneida Business Committee resolution BC-08-03-21-A, Setting Public Gathering

Guidelines during Public Health State of Emergency-COVID-19, prohibits indoor and

outdoor public gatherings when the COVID-19 infection rates within Brown or Outagamie

Counties exceed "Low" as identified by the Wisconsin Department of Health Services; and

WHEREAS,

on March 27, 2020, the Nation's COVID-19 Core Decision Making Team issued a

"Suspension of Public Meetings under the Legislative Procedures Acf' declaration which

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

the public comment period for the duration of the Public Health State of Emergency, but

allows 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; and

WHEREAS,

although a public meeting was not held for this proposed Law, the public comment period

for this Law was held open until October 13, 2021, and no individuals submitted written

comments during the public comment period; and

NOW THEREFORE BE IT RESOLVED, that the Oneida General Welfare law is hereby adopted and shall

become effective on December 22, 2021.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 7 members

were present at a meeting duly called, noticed and held on the 8th day of December, 2021; that the forgoing

resolution was duly adopted at such meeting by a vote of 6 members for, 0 members against, and O

members not voting*; and that said resolution has not been rescinded or amended in any way.

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

49 of 79

57 of 180

Public Packet

Draft 2 for OBC Consideration

2021 12 08

Title 10. General Welfare Exclusion - Chapter 1001

ONEIDA GENERAL WELFARE

•

100 I. I. Purpose and Policy

l 001.2. Adoption, Amendment, Repeal

1001.3. Definitions

l 001.4, General Wei fare Assistance

1001.5. Approved Program Guidelines

1001.6. Non-Recourse Designation

I 00 I. 7. Governing Law; Sovereignty

1001.8. Federal Trust Obligations

1001.1. Purpose and Policy

1001.1-1. Purpose. The purpose of this law is to govern how the Nation provides assistance to

eligible members on a non-taxable basis, pursuant to the principles of the General Welfare

Exclusion.

(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,

codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional

application of the general welfare doctrine and subsequent guidance, has recognized the

sovereign right oflndian tribal governments to provide financial assistance to its members

under certain circumstances on a non-taxable basis.

1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved

programs that promote the general welfare of the Nation. This law provides a framework for

approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.

§ l 39E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.

Rev. Proc. 2014-35. Fmiher, it is the intent of the Oneida Business Committee that all assistance

provided under this law:

(a) is available to any recipients who satisfy the program policies, subject to budgetary

restraints;

(b) is made under an approved program that does not discriminate in favor of members of

the Nation's governing body;

(d) is not lavish or extravagant under the facts and circumstances, as determined by the

Oneida Business Committee.

1001.2. Adoption, Amendment, Repeal

1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-_-_-_-

1001.2-2. 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.

1001.2-3. 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 pmiions.

1001.2-4. 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.

1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1001.3. Definitions

1001.3-1. 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 non-taxable as a General Welfare Exclusion, administered under

specific guidelines, and is adopted by the Oneida Business Committee through resolution

10 O.C. 1001-Page 1

50 of 79

or law of the Nation.

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

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

program shall not be considered income of the recipient.

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

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

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

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

government.

(d) "Limited term" means a defined start and end date, or utilizes third-party funding and

is not intended to be permanent.

(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

approved program requirements.

1001.4. General Welfare Assistance

I 001.4-1. General. The Nation may provide general welfare assistance to eligible members on a

non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government

recognizes that benefits to recipients under an approved program for the promotion of the general

welfare of the Nation is excludable from the gross income of those recipients. General Welfare

Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as

it:

(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;

(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or

Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).

1001.4-2. General Test. The General Test provides criteria used to determine if any assistance

provided through an approved program to a recipient shall be treated as a General Welfare

Exclusion. The criteria of the General Test include the following:

(a) The assistance is paid on behalf of the Nation;

(b) The assistance was provided pursuant to an approved program;

Nation;

(d) The assistance is available to any member who meets the guidelines of the approved

program;

(e) The assistance is provided for the promotion of general welfare;

(f) The assistance is not lavish or extravagant;

(g) The assistance is not compensation for services; and

(h) The assistance is not a per capita payment.

1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare

Exclusion shall occur through an approved program and qualify as non-taxable under the principles

of the General Welfare Exclusion to the fullest extent permitted at law.

(a) An approved program shall be established and operated to promote the general welfare

10 O.C. 1001 -Page 2

51 of 79

59 of 180

Public Packet

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

of the Nation, including programs designed to enhance the promotion of health, education,

self-sufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment.

(b) Each approved program shall be limited to purposes consistent with treatment under

the General Welfare Exclusion as to purpose, eligibility, and funding.

(d) An approved program shall meet all criteria of the General Test.

(d) Assistance provided through an approved program is not subject to information

reporting by the Nation to the Internal Revenue Service.

1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general

welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to

codify existing procedures used by the Nation to administer its general welfare assistance.

Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general

welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty.

1001.5. Approved Program Guidelines

1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the

Oneida Business Committee through a resolution or law of the Nation. Approved programs

adopted by the Oneida Business Committee are considered in force and effect and in accordance

with this law

(a) Law. An approved program shall be adopted by the Oneida Business Committee

through a law if the approved program will function on a permanent basis.

(1) Adoption of an approved program by the Oneida Business Committee through

a law of the Nation shall comply with the process and procedures of the Legislative

Procedures Act.

(b) Resolution. An approved program shall be adopted by the Oneida Business Committee

through a resolution if the approved program will function for a limited term.

(1) An approved program to be considered for adoption through resolution by the

Oneida Business Committee shall be accompanied by a statement of effect and

submitted in accordance with the Oneida Business Committee's submission

procedure and deadlines.

approved program shall contain the following information:

(1) Name of the approved program;

(2) Purpose of the approved program;

(3) Eligibility rules and limitations for approved program;

(4) Funding source for approved program;

(5) How the approved program qualifies for General Welfare Exclusion; and

(6) Start and end date of approved program, if applicable.

Assistance provided by an approved program shall be limited to members

Eligibility.

1001.5-2.

of the Nation. Each approved program shall set forth any specific eligibility rules and limitations

applied to that program.

1001.5-3. Funding ofApproved Programs. Assistance authorized by this law shall be limited to

funds appropriated, at the discretion of the Oneida Business Committee and no matter the source

of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the

Nation until payments are disbursed. The Oneida Business Committee shall designate approved

programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this

10 O.C. 1001 - Page 3

52 of 79

134

135

136

137

138

139

140

141

142

143

144

145

146

14 7

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

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law. Approved programs may also be funded through third-party funding if available.

1001.5-4. Use ofAssistance. All assistance provided through an approved program shall be used

for the purpose stated in the approved program description. If assistance is used or pledged for a

purpose inconsistent with the purpose set forth in an approved program the payment shall be

deemed forfeited. The Nation may secure repayment from any recipient who forfeited their

assistance.

1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall

not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,

attachment or garnishment by creditors of the member.

1001.6. Non-Recourse Designation

1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated

as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or

right to any funds budgeted for, or set aside for, approved programs until paid.

1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke

any benefit.

1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines

of "constructive receipt" or "economic benefit."

1001.7. Governing Law; Sovereignty

1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance

made hereunder, shall be construed and enforced according to the Nation's laws and applicable

federal law. Nothing in this law or the related laws, policies, or procedures adopted for its

implementation, if any, shall be construed to make applicable to the Nation any laws or regulations

which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption

because of its sovereign status.

1001.8. Federal Trust Obligations

1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal

funding is insufficient to operate federal programs designed to benefit applicants and when federal

funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation's

adoption of its approved programs is not intended to relieve or diminish the federal government of

its funding and trust responsibilities. Nothing herein shall waive the Nation's right to seek funding

shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled

to government-to-government consultation and coordination with the federal government

regarding these obligations.

End.

Emergency Adopted- BC-08-12-20-D

Emergency Amended-BC-02-10-21-B

Emergency Extended-BC-07-28-21-M

Adopted- BC-_-_-_-_

10 O.C. 1001-Page4

53 of 79

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDDO

ONEIDA

AGENDA REQUEST FORM

October 24, 2023

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office

Dept:____________________________

(920) 869-4417

cleeman@oneidanation.org

Phone Number:_________________________

Email: __________________________________

ONȁYOTE‫ݦ‬AāKÁ NI‫ ݦ‬I Commission Bylaws

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

On 7/24/23 the GTC adopted a motion to support the On‫ݞ‬yote‫ݦ‬a·ká ni‫ ݦ‬i

Project Plan, & directed direct the BC to create a Board, Committee, or

_______________________________________________________________________________

Commission to manage the project plan in accordance with the Boards,

105 Committees, and Commissions law.

_______________________________________________________________________________

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

Excerpt from DRAFT 7/24/23 GTC Meeting Minutes

1) ________________________________

3) ________________________________

Draft Bylaws

2) ________________________________

4) ________________________________

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

Boards, Committees, and Commissions Law

_______________________________________________________________________________

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

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

Iii No

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

Clorissa N. Leeman

Date: 2023.10.24 14:29:46 -05'00'

__________________________________________________________________________

Digitally signed by Clorissa N. Leeman

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

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

DRAFT

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G. May 8, 2023, special meeting minutes (00:43:27)

Motion by Brandon Stevens to approve items IV.A.-G. Seconded by Debbie Danforth. Motion carried by

show of hands

Amendment to the main motion by Linda Dallas to accept items IV.A.-G. as information only.

Seconded by Madelyn Genskow. Motion carried by show of hands

88 V.

TABLED BUSINESS

A. On‫ݞ‬yote‫ݦ‬a·ká ni‫ݦ‬i Project Plan (00:53:48)

Motion by Marena Bridges to take item V.A. from the table. Seconded by Kathy Mauritz. Motion carried

by hand count: 993 support; 349 opposed; 222 abstained

Motion by Nancy Barton deny the On‫ݞ‬yote‫ݦ‬a·ká ni‫ ݦ‬i Project Plan request to move the project forward.

Seconded by Michael Debraska.1 Motion failed by show of hands

Amendment to the main motion by Natasha Emmerton to defer the On‫ݞ‬yote‫ݦ‬a·ká ni‫ ݦ‬i Project

Plan request until the semi-annual meeting and for the Business Committee to bring forward

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more statistics from other tribes. Seconded by Pauline Ackley.2 Motion ruled out of order by

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Chairman Tehassi Hill; the timeline from this amendment to the main motion has lapsed

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Motion by Lisa Liggins to support the On‫ݞ‬yote‫ݦ‬a·ká ni‫ ݦ‬i Project Plan noting updates will be provided at

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each annual and semi-annual General Tribal Council meeting and to direct the Business Committee to

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create a Board, Committee, or Commission to manage the project plan in accordance with the Boards,

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Committees, and Commissions law. Seconded by Jonas Hill. Motion carried by 2/3 majority vote

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requirement: (1551 total yes/no votes; 1034 needed for 2/3 majority) 1154 support; 255 opposed;

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71 abstained

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Amendment #1 to the main motion by Linda Dallas to direct the Oneida Business Committee to

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schedule a separate General Tribal Council meeting solely for the purpose to discuss the

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On‫ݞ‬yote‫ݦ‬a·ká ni‫ ݦ‬i Project Plan. Seconded by Lisa Liggins. Motion carried by show of hands

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Amendment #2 to the main motion by Gerald Doxtator to have the On‫ݞ‬yote‫ݦ‬a·ká ni‫ ݦ‬i

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Project Plan General Tribal Council meeting to have no General Tribal Council meeting

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stipend paid for that meeting. Seconded by Johnathan Smith. Motion carried by show

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of hands

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Item VII.A. was addressed next.

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1 The item was tabled at the January 30, 2023, annual General Tribal Council meeting and the action was not voted

upon.

2 The item was tabled at the January 30, 2023, annual General Tribal Council meeting and the action was not voted

upon.

General Tribal Council

Semi-Annual Meeting Minutes

Page 3 of 7

July 24, 2023

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ONΛYOTEʔAꞏKÁ NIʔ I COMMISSION BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Onʌyoteʔaꞏká niʔ i Commission and

may be referred to as the I Am Oneida Commission.

1-2.

Establishment. The Onʌyoteʔaꞏká niʔ i Commission is established by motion of

the General Tribal Council on April 10, 2023 1, and further established

through the adoption of these bylaws on INSERT DATE.

1-3.

Authority.

(a)

(b)

Purpose. The purpose of the Onʌyoteʔaꞏká niʔ i Commission is to serve as

an advisory body for the General Tribal Council and Oneida Business

Committee as it relates to the implementation of the Onʌyoteʔaꞏká niʔ i

Project Plan which was presented at the Annual General Tribal Council

Meeting on January 30, 2023, and subsequently supported by General

Tribal Council on July 24, 2023.

Powers and duties. The powers of the Onʌyoteʔaꞏká niʔ i Commission are

advisory, with duties that include, but are not limited to the following:

(1)

Assist with ensuring accurate and timely information is provided to

the Oneida Community regarding relevant or associated enrollment

projection data and projected impacts based on that data.

(2)

Provide constructive input or advise to the General Tribal Council

and Oneida Business Committee on matters relating the

implementation of the Onʌyoteʔaꞏká niʔ i Project Plan.

(3)

Act as listening and communication agents on behalf of the

community, by sharing general information, timelines or other

matters relating to the implementation of the approved project plan.

(4)

Ensure the Oneida Nation’s Vision 2 and Mission 3 are considered an

incorp

(5)

Responding to and acting upon any other delegated authority

established through the laws, policies, rules and resolutions of the

Oneida Nation.

Motion by Lisa Liggins to support the Onʌyoteʔaꞏká niʔ i Project Plan noting updates will be provided at each annual

and semi-annual General Tribal Council meeting and to direct the Business Committee to create a Board, Committee,

or Commission to manage the project plan in accordance with the Boards, Committees, and Commissions law.

Seconded by Jonas Hill. Motion carried by 2/3 majority vote requirement: (1551 total yes/no votes; 1034

needed for 2/3 majority) 1154 support; 255 opposed; 71 abstained

A Nation of strong families built on Tsi? niyukwaliho T^ and a strong economy.

To strengthen and protect our people, reclaim our land and enhance the environment by exercising our sovereignty.

Page 1 of 12

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(6)

(7)

(8)

(9)

Create non-stipend sub-committees for the purpose of assisting in

outreach and education regarding the Onʌyoteʔaꞏká niʔ i Project

Plan, and whose composition is representative of individuals who

may be impacted by implementation of the plan.

TBD

1-4.

Office.

The official mailing address of the Onʌyoteʔaꞏká niʔ i Commission shall

be:

Onʌyoteʔaꞏká niʔ i Commission

Attn: Oneida Government Administrative Office (NHC)

P.O. Box 365

Oneida, WI 54155

1-5.

Membership.

(a)

Number of members. The Onʌyoteʔaꞏká niʔ i Commission shall consist of

not less than nine (9), nor more than 15 appointed members.

(1)

Each member shall hold office until his or her term expires, until his

or her resignation, or until his or her appointment is terminated in

accordance with the Boards, Committees and Commissions law.

(A)

Term Expiration. Although a member’s term has expired, he

or she shall remain in office until a successor has been sworn

in by the Oneida Business Committee.

(B)

Resignation. A member may resign at any time verbally at a

meeting or by delivering written notice to the Oneida

Government Administrative Office and the The

Onʌyoteʔaꞏká niʔ i Commission Chairperson or

Chairperson’s designee. The resignation is deemed effective

upon acceptance by motion of a member’s verbal resignation

or upon delivery of the written notices.

(b)

Appointment. The Onʌyoteʔaꞏká niʔ i Commission shall be appointed in

accordance with the Boards, Committees and Commissions Law for a term

of three (3) years.

(1)

Terms shall start of the first day of the year (01/01) and shall end on

the last day of the year (12/31).

(c)

Vacancies. Vacancies shall be filled in accordance with the Boards,

Committees and Commissions Law.

(d)

Qualifications of members. Members of the Onʌyoteʔaꞏká niʔ i

Commission shall meet the following qualifications:

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(1)

(2)

(3)

Be enrolled or eligible for enrollment with the Oneida Nation, or be

not more than one (1) generation removed form an enrolled or

eligible member.

Reside in the State of Wisconsin.

Be a citizen in good standing in the Oneida Community.

1-6.

Termination. An Onʌyoteʔaꞏká niʔ i Commission Member’s appointment may be

terminated by the Oneida Business Committee in accordance with the Boards,

Committees and Commissions law.

(a)

The Onʌyoteʔaꞏká niʔ i Commission may make recommendations to the

Oneida Business Committee for the termination of a member’s appointment

based on the following:

(1)

A failure to comply with these bylaws or with any other law and/or

policy of the Nation;

(2)

Three (3) un-excused absences from an Onʌyoteʔaꞏká niʔ i

Commission meeting within a period of one (1) year.

(A)

An un-excused absence shall be defined as a failure by a

member to notify a Board Officer, in writing, of his or her

pending absence no less than thirty (30) minutes before the

scheduled meeting.

(b)

Recommendations to the Oneida Business Committee for termination of an

Onʌyoteʔaꞏká niʔ i Commission member’s appointment must be

determined by a majority vote of the members in attendance at an

Onʌyoteʔaꞏká niʔ i Commission meeting of an established

quorum.

1-7.

Trainings and Conferences. Onʌyoteʔaꞏká niʔ i Commission members shall be eligible

to attend and participate in various trainings and/or conferences that the Oneida

Business Committee deems appropriate to advance the implementation of the

Onʌyoteʔaꞏká niʔ i Project Plan, provided that:

(a)

the Onʌyoteʔaꞏká niʔ i Commission shall not exceed the allowable assigned

budget, and

(b)

all approved travel and travelers shall comply with the Oneida Nation’s

Travel Policies and Procedures.

(c)

Regardless of the number of trainings/conferences that he or she is attends,

no Onʌyoteʔaꞏká niʔ i Commission member shall be eligible to receive

stipends for attending more than three (3) full days of mandatory

trainings/conferences per year.

Article II. Officers

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2-1.

Officers.

The Officer positions of the Onʌyoteʔaꞏká niʔ i Commission shall consist

of a Chairperson and a Vice-Chairperson.

2-2.

Responsibilities of the Chairperson. The duties, responsibilities and limitations of the

Chairperson are as follows:

(a)

Shall call and preside over all meetings of the Onʌyoteʔaꞏká niʔ i

Commission and appoint members to any task forces or subcommittees of

the Onʌyoteʔaꞏká niʔ i Commission in accordance with section 3-4 of these

bylaws.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws.

(c)

Shall submit, or through a designee submit, annual and semi-annual reports,

or other reports to the Oneida General Tribal Council, as well as quarterly

reports to the Oneida Business Committee, in accordance with the Boards,

Committees and Commissions law.

(d)

Shall represent and/or request another Officer to represent the

Onʌyoteʔaꞏká niʔ i Commission at all regularly scheduled/unscheduled

reporting requirements to the Oneida Business Committee and other

business units of the Nation as may be requested, including, but not limited

to, the Oneida Business Committee meeting in which the Onʌyoteʔaꞏká niʔ

i Commission quarterly report appears on the agenda.

(e)

In collaboration with the Vice-Chairperson and personnel from the Oneida

Government Administrative Office, shall prepare agendas and handouts,

submit any necessary paperwork to ensure stipends are paid, and perform

other similar administrative functions, all in accordance with these bylaws,

the Boards, Committees and Commissions law, and the Open Records and

Open Meetings law.

2-3.

Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of

the Vice-Chairperson are as follows:

(a)

Shall preside over all meetings of the Onʌyoteʔaꞏká niʔ i Commission in

the absence of the Chairperson and may call emergency meetings.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws.

(c)

In lieu of the Chairperson, shall represent the Onʌyoteʔaꞏká niʔ i

Commission at all regularly scheduled/unscheduled reporting

requirements to the Oneida Business Committee and other business units of

the Nation as may be requested, including, but not limited to, the Oneida

Business Committee meeting in which the Onʌyoteʔaꞏká niʔ i Commission

quarterly report appears on the agenda.

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(d)

In collaboration with the Vice-Chairperson and personnel from the Oneida

Government Administrative Office, shall prepare agendas and handouts,

submit any necessary paperwork to ensure stipends are paid, and perform

other similar administrative functions, all in accordance with these bylaws,

the Boards, Committees and Commissions law, and the Open Records and

Open Meetings law.

2-4.

Selection of Officers. Officers of the Onʌyoteʔaꞏká niʔ i Commission shall be elected on

an annual basis by a majority vote of the members in attendance at an Onʌyoteʔaꞏká

niʔ i Commission meeting of an established quorum for terms of one (1) year.

(a)

The election of Officers shall take place within thirty (30) days after the

newly appointed Onʌyoteʔaꞏká niʔ i Commission members are present at

their first scheduled regular meeting of an established quorum.

(b)

Onʌyoteʔaꞏká niʔ i Commission members may be dismissed from their

Officer position by majority vote of the members in attendance at an

Onʌyoteʔaꞏká niʔ i Commission meeting of an established quorum.

(c)

Vacant Officer positions shall be filled by majority vote of the members in

attendance at an Onʌyoteʔaꞏká niʔ i Commission meeting of an established

quorum.

(d)

Members of the Onʌyoteʔaꞏká niʔ i Commission shall not hold more than

one (1) Officer position per Officer term.

2-5.

Budgetary Sign-Off Authority and Travel. ONVAC shall follow the Nation’s policies and

procedures regarding purchasing and sign-off authority.

(a)

Levels of budgetary sign-off authority for the Onʌyoteʔaꞏká niʔ i

Commission shall be as set forth in the manual titled, Oneida Tribe of

Indians of Wisconsin Purchasing Policies and Procedures, for Area

Directors/Enterprise Directors.

(1)

All Onʌyoteʔaꞏká niʔ i Commission Officers shall have sign-off

authority.

(2)

Two (2) of the Onʌyoteʔaꞏká niʔ i Commission Officers are required

to sign-off on all

budgetary requests, except as follows:

(A)

The Oneida Government Administrative Office shall have

sign-off authority over requests for stipends, travel per diem

and business expense reimbursement.

(b)

The Oneida Business Committee shall approve members’ request(s) to

travel on behalf of the Onʌyoteʔaꞏká niʔ i Commission.

2-3.

Personnel.

The Onʌyoteʔaꞏká niʔ i Commission shall not have authority to hire

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(a)

personnel for its benefit.

The Onʌyoteʔaꞏká niʔ i Commission may receive administrative support

from staff within the Oneida Government Administrative Office that is

consistent with the Boards, Committees and Commissions law for items

such as preparing meeting agendas, documents and minutes; providing

notice of meetings, meeting agendas, documents and minutes; recording

meetings and meeting minutes; maintaining meeting agendas, documents

and minutes; and submitting any necessary paperwork to facilitate stipend

payments.

Article III. Meetings

3-1. Regular Meetings. Regular meetings of the Onʌyoteʔaꞏká niʔ i Commission shall be held

INSERT HERE - i.e., first Tuesday of the month, commencing at 5:30 p.m.,

either in person at the Norbert Hill Center, located at N7210 Seminary Rd.,

Oneida, WI 54155 or virtually via an agreed upon platform identified by the

Onʌyoteʔaꞏká niʔ i Commission.

(a)

The meeting date, time and/or place shall be reviewed by the Onʌyoteʔaꞏká

niʔ i Commission and may change from time-to-time by majority vote of

the members in attendance at an Onʌyoteʔaꞏká niʔ i Commission meeting

of an established quorum so long as notice is provided to all members in

writing and, along with the public, in accordance with governing law,

including, but not limited to, the Open Records and Open Meetings law,

prior to the implementation of a new date, time and/or location. Identify

when regular meetings will be held.

(b)

The Onʌyoteʔaꞏká niʔ i Commission Officers and personnel from the

Oneida Government Administrative Office shall work collaboratively to

ensure all members, along with the public, are provided notice of meeting

location, agenda, documents and minutes pursuant to these bylaws, as well

as the Open Records and Open Meetings law, and that the meeting agenda,

documents and minutes are prepared and packaged for the Onʌyoteʔaꞏká

niʔ i Commission members consistent with the Boards, Committees and

Commissions law.

(c)

Meetings shall be run in accordance with Robert’s Rules of Order and shall

be open to the public per the Open Records and Open Meetings law.

3-2. Emergency Meetings. An emergency meeting may be called for the purpose of addressing

an emergent need relative to the work of the Onʌyoteʔaꞏká niʔ i Commission that

requires a determination/decision unable to await until the monthly scheduled

meeting of the Onʌyoteʔaꞏká niʔ i Commission.

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(a)

(b)

(c)

Within seventy-two (72) hours after an emergency meeting, the

Onʌyoteʔaꞏká niʔ i Commission shall provide the Nation’s Secretary with

notice of the emergency meeting, the reason for the emergency meeting,

and an explanation as to why the matter could not wait until the next regular

scheduled meeting.

Subject to section 2-2(a) of these bylaws, emergency meetings may be

called by any Onʌyoteʔaꞏká niʔ i Commission Officer upon at least twentyfour (24) hour advance notice to all members of the Onʌyoteʔaꞏká niʔ i

Commission.

(1)

Notice of an emergency meeting shall be provided to all

Onʌyoteʔaꞏká niʔ i Commission members via telephone call, as well

as by e-mail communication sent, with a RSVP request, to the

official Oneida Nation e-mail address given to each member to

conduct Onʌyoteʔaꞏká niʔ i Commission business electronically,

and, along with the public, shall further be provided in accordance

with the Open Records and Open Meetings law.

(2)

A quorum must be present at the emergency meeting in order to take

any action.

Minutes of emergency meetings shall be taken, recorded electronically, and

approved for the record at the next scheduled monthly Onʌyoteʔaꞏká niʔ i

Commission meeting.

3-3. Joint Meetings. Joint Meetings may be held in the Oneida Business Committee Conference

Room of the Norbert Hill Center as frequently as agreed upon between the Oneida

Business Committee and the Onʌyoteʔaꞏká niʔ i Commission.

(a)

Notice of the joint meeting agenda, documents and minutes shall be

provided, and the joint meeting conducted, in accordance with resolution

BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with

Boards, Committees and Commissions – Definitions and Impact, as may be

amended from time-to-time hereafter.

3-4. Task Forces and Subcommittees. Task forces and subcommittees of the Onʌyoteʔaꞏká niʔ i

Commission may be created and dissolved when necessary so long as in accordance

with the Boards, Committees and Commissions law.

(a)

The Chairperson shall be an ex officio member of all task forces and

subcommittees.

(b)

A task force created by the Onʌyoteʔaꞏká niʔ i Commission shall dissolve

upon either a set date or acceptance of a final report by the Onʌyoteʔaꞏká

niʔ i Commission at its next scheduled monthly meeting.

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(1)

(2)

3-5.

Quorum.

(a)

At a minimum, task forces created by the Onʌyoteʔaꞏká niʔ i

Commission must have mission or goal statements for completion

of tasks.

Materials generated by the task force shall be forwarded to the

Oneida Business Committee Support Office for proper disposal

within two (2) weeks of dissolution.

All meetings of the Onʌyoteʔaꞏká niʔ i Commission shall have at least a

quorum in attendance, with quorum being defined as not less than seven (7)

Onʌyoteʔaꞏká niʔ i Commission members, one (1) of which is an

Onʌyoteʔaꞏká niʔ i Commission Officer.

A quorum shall be established at least five (5) minutes before the scheduled

meeting time.

(1)

Failure to establish a quorum will result in rescheduling of the

meeting.

3-6.

Order of Business. The order of business shall be:

(a)

Call to Order

(b)

Adopt the Agenda

(c)

Approval of Minutes

(d)

Old Business

(e)

New Business

(f)

Reports

(g)

Other Business

(h)

Executive Session

(i)

Adjournment

3-5.

Voting.

(a)

(b)

Decisions of the Onʌyoteʔaꞏká niʔ i Commission shall be by majority vote

of the members in attendance at an Onʌyoteʔaꞏká niʔ i Commission meeting

of an established quorum.

Each of the nine (9) to 15 Onʌyoteʔaꞏká niʔ i Commission members,

including the Chairperson, shall be entitled to one (1) vote on each matter

submitted to a vote of the Onʌyoteʔaꞏká niʔ i Commission.

E-polls are permissible so long as conducted in accordance with the Boards,

Committees and Commissions law.

(1)

The Vice-Chairperson shall serve as the Chairperson’s designee for

the responsibility of conducting an e-poll in the absence or

discretion of the Chairperson.

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Article IV. Expectations

4-1. Behavior of Members.

(a)

Members of the Onʌyoteʔaꞏká niʔ i Commission shall present and conduct

themselves in a professional manner when acting in their official capacity

as members of the Onʌyoteʔaꞏká niʔ i Commission by, among other actions,

speaking in a respectful and courteous manner to Onʌyoteʔaꞏká niʔ i

Commission members, as well as non-members.

(b)

No member shall act independently of the Onʌyoteʔaꞏká niʔ i Commission

on behalf of the Onʌyoteʔaꞏká niʔ i Commission, or express and/or

represent views of the Onʌyoteʔaꞏká niʔ i Commission without its

specific approval as established by a majority vote of the members present

at an Onʌyoteʔaꞏká niʔ i Commission meeting of an established quorum.

(c)

Members shall prepare for and attend all meetings of the Onʌyoteʔaꞏká niʔi

Commission unless excused in accordance with these bylaws.

(d)

Members shall comply with these bylaws and all other laws and/or policies

of the Nation

(e)

Enforcement. Any action by a member contrary to the above shall be

discussed at the next Onʌyoteʔaꞏká niʔ i Commission regularly scheduled

monthly meeting or emergency meeting and appropriate warnings and/or

actions may be taken by the Onʌyoteʔaꞏká niʔ i Commission as agreed upon

by a majority vote of the Onʌyoteʔaꞏká niʔ i Commission members

in attendance at the monthly or emergency meeting of an established

quorum, including, but not limited to:

(1)

That the Onʌyoteʔaꞏká niʔ i Commission may make a

recommendation to the Oneida Business Committee for termination

of the member’s appointment in accordance with the Boards,

Committees and Commissions law or any other law of the Nation

governing the termination of appointed officials.

(2)

That the Onʌyoteʔaꞏká niʔ i Commission may discipline the

member in accordance with any law of the Nation governing

sanctions and penalties for appointed officials.

4-2. Prohibition of Violence. Onʌyoteʔaꞏká niʔ i Commission members are prohibited from

participating in or committing any intentional acts of violence that inflict, attempt

to inflict, or threaten to inflict emotional or bodily harm on another person or

damage to property. No intentional act of violence will be tolerated and/or accepted

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by any member of the Onʌyoteʔaꞏká niʔ i Commission while acting in an official

capacity as a member of the Onʌyoteʔaꞏká niʔ i Commission.

4-3. Drug and Alcohol Use. Onʌyoteʔaꞏká niʔ i Commission members shall not use any alcohol,

illegal drugs or legal drugs, other than as prescribed/directed, while acting in their

official capacity as members of the Onʌyoteʔaꞏká niʔ i Commission.

4-4. Social Media. Expectations for use of social media is for official business of the

Onʌyoteʔaꞏká niʔ i Commission.

(a)

While engaged in social media activities, no member shall use his or her

status on the Onʌyoteʔaꞏká niʔ i Commission for individual gain or purpose.

(b)

Members of the Onʌyoteʔaꞏká niʔ i Commission shall comply with the

Oneida Nation’s Social Media Policy and their oath of office when using

social media while acting on behalf of or as a representative of the

Onʌyoteʔaꞏká niʔ i Commission.

4-5. Conflict of Interest. Onʌyoteʔaꞏká niʔ i Commission members shall comply with all laws

and policies of the Nation governing conflicts of interest.

(a)

Members on the ballot for an Officer position with the Onʌyoteʔaꞏká niʔ i

Commission shall recuse themselves from voting on the position for which

they are running to fill.

Article V. Stipends and Compensation

5-1. Stipends.

Onʌyoteʔaꞏká niʔ i Commission members shall be eligible for the following

stipends as set forth in and subject to these bylaws, the Boards, Committees

and Commissions law, and resolution BC-05-08-19-B titled, Amending

Resolution BC-09-26-18-D Boards, Committees and Commissions Law

Stipends, as may be further amended from time-to time-hereafter:

(a)

One (1) meeting stipend per month, provided that:

(1)

A quorum was established;

(2)

The meeting of the established quorum lasted for at least one

(1) hour; and

(3)

The member collecting the stipend was physically present

for the entire meeting.

(b)

A stipend for attending a duly called joint meeting between the

Onʌyoteʔaꞏká niʔ i Commission and the Oneida Business

Committee, provided that:

(1)

A quorum was established by the Onʌyoteʔaꞏká niʔ i

Commission;

(2)

The joint meeting lasted for at least one (1) hour; and

Page 10 of 12

65 of 79

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(3)

(c)

(d)

(e)

5-2.

The ONVAC member collecting the stipend was physically

or virtually present for the entire joint meeting.

For attending a conference or training, provided that:

(1)

The member attended a full day of training or was present at

the conference for a full day; and

(2)

The member’s attendance at the training or conference was

required by law, bylaws or resolution.

A stipend for attending a Judiciary hearing if the member’s

attendance at the Judiciary hearing was required by official

subpoena.

Task force and subcommittee members shall not be eligible for

stipends unless specific exception is made by the Oneida Business

Committee or the Oneida General Tribal Council.

Compensation. Besides travel, per diem and business expense reimbursements authorized

by the Boards, Committees and Commissions law, Onʌyoteʔaꞏká niʔ i

Commission members shall not be eligible for any other form of

compensation for duties/activities they perform on behalf of the

Onʌyoteʔaꞏká niʔ i Commission.

Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be consistently maintained in the format identified in

Article III, section 3-6 of these bylaws as the Order of Business.

6-2. Minutes. Meeting minutes of the Onʌyoteʔaꞏká niʔ i Commission shall be typed in a

consistent format provided by the Oneida Government Administrative Office to

generate the most informative record of all meetings of the Onʌyoteʔaꞏká niʔ i

Commission.

(a)

The minutes shall provide a summary of the action(s) taken by the

Onʌyoteʔaꞏká niʔ i Commission during the meeting that includes the

decision, any motions and/or amendments, the vote and any other pertinent

information that would lend to the record.

(b)

Minutes shall be submitted by the Oneida Government Administrative

Office within thirty (30) days of their approval by the Onʌyoteʔaꞏká niʔ i

Commission.

6-3. Attachments. All meeting handouts, reports, memorandum and the like shall be attached

to the minutes and agenda to be maintained as a packet upon submission to the

Oneida Government Administrative Office.

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6-4. Oneida Business Committee Liaison. Both Officers of the Onʌyoteʔaꞏká niʔ i Commission

shall be made aware of the need to meet with the Oneida Business Committee

member who is Onʌyoteʔaꞏká niʔ i Commission designated liaison, and/or all of

the Oneida Business Committee Members assigned to the Onʌyoteʔaꞏká niʔi

Project Plan may meet with the liaison on an as-needed basis, the frequency and

format of which may be as agreed upon between the liaison and the Onʌyoteʔaꞏká

niʔ i Commission Officers so long as no less than as required by law or policy on

reporting developed by the Oneida Business Committee or Oneida General Tribal

Council.

(a)

The purpose of the liaison relationship is to uphold the ability of the liaison

to act as support to the Onʌyoteʔaꞏká niʔ i Commission.

6-5. Audio Recordings. All meetings of the Onʌyoteʔaꞏká niʔ i Commission shall be audio

recorded using a recording device approved of and/or supplied by the Oneida

Government Administrative Office.

(a)

Audio recordings shall be maintained by the Oneida Government

Administrative Office in accordance with the Open Records and Open

Meetings Law.

(b)

Exception. Audio recordings of executive session portions of a meeting

shall not be recorded.

Article VII. Amendments

7-1. Amendments.

The Onʌyoteʔaꞏká niʔ i Commission, upon written notice, may at any of

its regular meetings, by a majority vote of the members present at a meeting of

an established quorum, amend or repeal these bylaws, provided that, the

amendment or repeal has been submitted in writing at the previous regular

meeting.

(a)

Any amendments to these bylaws shall conform to the requirements of the

Boards, Committees and Commissions law and any other policy of the

Nation.

(b)

All amendments and/or repeals of these bylaws shall be approved by the

Oneida Business Committee prior to implementation.

(c)

These bylaws shall be reviewed on an annual basis.

Page 12 of 12

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October 23, 2023 Legislative Operating Committee E-Poll

Approval of the LOC and LRO Annual Reports for GTC

E-POLL REQUEST: Approval of the LOC and LRO Annual Reports fo r GTC

J,m5on J. Wilso~

Cc O Fawn L. Cottrell;

f, Rep~

<~ Rep~ All

Jennife, A . W ebstee • JonasG. Hill; 0 Ki,byW. M eto,en; • M a,lon G. S>enando"

Fawn J. Billie; 0 Maureen S. Perkins;

➔ fo4

~ [J

Mon 10/23/2023 1:14 PM

Kristal E. Hi11; 0 Cloris~ N. Leeman

(D v ot , by clicking Vote in the Respond group above.

This message was sent with High importan"

2024Annual Report - Legislative Operating Committcc.docx v

~ 46KB

~-----------------~

~ 36KB

2024 Annual Report Legislat ive Refe re nce Office .docx

Good Afternoon Legislative Operating Committee,

This e-mail serves as the e-poll for the approval of the 2024 Legislative Operating Committee and

Legislative Reference Office Annual Reports to the General Tribal Council.

EXECUTIVE SUMMARY

Oneida’s Constitution requires the Oneida Business Committee to report to the General Tribal Council

twice per year - during the Annual and Semi-Annual meetings. The intent of these reports is to provide

members of the Nation with information about the Nation’s achievements and how these achievements

relate to the dollars spent in each area. The Legislative Operating Committee and the Legislative Reference

Office are required to provided annual reports to the Oneida Business Committee to be included in the

presentation to the General Tribal Council. Attached to this e-mail are both the 2024 Legislative Operating

Committee and Legislative Reference Office Annual Reports to the General Tribal Council.

An e-poll is necessary to approve the 2024 Legislative Operating Committee and Legislative Reference

Office Annual Reports to the General Tribal Council because the next Legislative Operating Committee

meeting is not until November 1, 2023 and the annual reports are due to the Nation’s Secretary by the

close of business on October 23, 2023.

REQUESTED ACTION

 Approve the 2024 Legislative Operating Committee and Legislative Reference Office Annual

Reports to the General Tribal Council and forward to the Nation’s Secretary.

DEADLINE FOR RESPONSE

October 23, 2023 at 4:30 p.m.

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

r'\

OODD0()

ONEIDA

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

E-POLL RESULTS:

This e-poll was approved by Kirby Metoxen, Jonas Hill, Jennifer Webster, Jameson Wilson, and Marlon

Skenandore.

Page 1 of 2

68 of 79

RE: E-POLL REQUEST: Approval of the LOC and LRO Annual Reports fo r GTC

A Kirby W. Metoxen

<':J Repo/ All

[ ( , Repo/

➔ Fo~a,i ] ~ □

Mon 10/23/2023 1:22 PM

LOC; JamesonJ. Wilson; Jennifer A. Webster; • Jonas G. Hilt • Marlon G. Skenandore

Cc O Fawn L. Cottrdt

Fawn J. Billie; 0 Maureen S. Perkins;

Kristal E. Hilt O Cloris~ N. Leeman

Approve

RE: E- POLL REQUEST: Approval of the LOC and LRO Annual Reports fo r GTC

Jonas G. Hill

•

f:, Reply

<~ Reply All

I➔

Forward I

Mon 10/23/2023 1:23 PM

LOC; Jameson J. Wilson;

Jennifer A. Webster; 0 Kirby W. Metoxen; • Marlon G. Skenandore

Kristal E. Hilt O Cloris~ N. Leeman

Cc O Fawn L. Cottrell; Fawn J. Billie; 0 Mauieen S. Perkins;

Approve

Thank you,

RE: E-POLL REQUEST: Approval of t he LOC and LRO Annual Reports fo r GTC

[ ( , Repo/

Jennifer A. Webster

I <':J Repo/AII I ➔ Fo~.,a] ~ □

LOC;

Jameson J. Wilson; • Jonas G. Hilt O Kirby W, Metoxen; • Marlon G. Skenandore

Cc O Fawn L. Cottrell; FalM'I J. Billie; Maureen S. Perkins; Kristal E. Hill; 0 Clorissa N. Leeman

Mon 10/ 23/2023 1:30 PM

Approve,

Jenny

RE: E- POLL REQUEST: Approval of t he LOC and LRO Annual Reports for GTC

M arlon G. Skenandore

LOC;

Jam eson 1. Wilson;

Cc O Fawn L. Cottrell;

Jennifer A. W ebster; •

JonasG. Hilt O KirbyW. Metoxen

Fawn J. Billie; 0 Maureen S. Perkins;

Mon 10/ 23/ 2023 2:28 PM

Kristal E. Hilt O Clorissa N. Leeman

Approve

RE: E- POLL REQUEST: Approval of t he LOC and LRO Annual Reports fo r GTC

Fawn L. Cottrell o n behalf of Jameson J. Wilson

To O KirbyW. Metoxen;

LOC; JamesonJ. Wilson;

Jennifer A. Webster; • JonasG. Hill; • Marlon G. Skenandore

Fawn J. Billie;

Maureen S. Perkins;

Kristal E. Hilt O Clorissa N. Leeman

Cc O Fawn L. Cottrelt

Approve

Page 2 of 2

I(,

Repo/

<':) Repo/AII

I➔

Fo~a,d

I~ D

Mon 10/ 23/ 2023 1:47 PM

69 of 79

Legislative Operating Committee

Purpose: The Legislative Operating Committee’s mission is to enhance the capability of the Oneida Nation to fulfill its

sovereign authority to review and enact its laws in a planned and orderly manner. The Legislative Operating Committee is

supported by the Legislative Reference Office.

LOC Members

Jameson Wilson, Chairman – jwilson@oneidanation.org

Kirby Metoxen, Vice-Chairman – kmetox@oneidanation.org

Jennifer Webster, Member – jwebste1@oneidanation.org

Marlon Skenandore, Member – mskenan1@oneidanation.org

Jonas Hill, Member – jhill1@oneidanation.org

Budget

Funding Sources for FY-2023

TRIBAL CONTRIBUTION:

GRANTS:

OTHER SOURCES:

N/A

Total Budget

TOTAL BUDGET FOR FY-2023:

$0 - The Legislative Operating Committee does not have a budget. Historically, there had

been an LOC budget. However, 100% of the budget was managed and spent by the Legislative Reference Office (LRO). The

LOC budget was renamed “LRO” to reflect accurately that the LOC does not have a budget, but that the LRO does. Refer to the

LRO’s annual report for budget information.

TOTAL EXPENDITURES FOR FY-2023: $0

VARIANCE:

VARIANCE EXPLANATION: N/A

70 of 79

Employees

NUMBER OF EMPLOYEES TOTAL:

THE LEGISLATIVE REFERENCE OFFICE IS THE SUPPORT STAFF

OF THE LEGISLATIVE OPERATING COMMITTEE AND HAS 3

EMPLOYEES.

THE LEGISLATIVE REFERENCE OFFICE HAS 1 ENROLLED AND 1

DESCENDENT EMPLOYEE.

NUMBER OF EMPLOYEES WHO ARE ENROLLED ONEIDA:

Stipends

$0 per meeting. The Legislative Operating Committee members do not receive a stipend.

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.