# Oneida Business Committee (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abd180507ab33d26e ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 79 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. I. 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) V. 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. 2 of 79 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 I. 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 V. 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. ~ 1 d GOOOOO A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of October 18, 2023 Page 1 of 2 ONEIDA 3 of 79 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 4 of 79 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. Page 1 of 2 A good mind. A good heart. A strong fire. 5 of 79 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. Page 2 of 2 ~ ONEIDA 6 of 79 Draft 3 – PM Draft (Redline to Draft 2) 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. (c) “Indoor” means within the exterior walls of any building. (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 7 of 79 Draft 3 – PM Draft (Redline to Draft 2) 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. (c) in any vehicle owned or operated by the Nation. 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 8 of 79 Draft 3 – PM Draft (Redline to Draft 2) 2023 11 01  Amended – BC-05-28-14-A  Amended – BC__-__-__-__ 4 O.C. 411 – Page 3 9 of 79 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. ft For more information on the proposed Clean Air Policy amendments please review the public meeting packet at oneida-nsn.gov/government/register/public meetings. 10 of 79 Analysis to Draft 3 – PM Draft 2023 11 01 CLEAN AIR POLICY AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 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. 14 15 16 17 18 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; Page 1 of 4 11 of 79 Analysis to Draft 3 – PM Draft 2023 11 01 19 20 21 22 23 24 25  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. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 4. PROCESS 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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 Page 2 of 4 12 of 79 Analysis to Draft 3 – PM Draft 2023 11 01 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 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. 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 SECTION 6. EXISTING LEGISLATION 98 99 100 101 102 103 104 105 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 Page 3 of 4 13 of 79 Analysis to Draft 3 – PM Draft 2023 11 01 106 107 statement be completed. Page 4 of 4 14 of 79 Draft 3 – PM Draft (Redline to Current) 2023 11 01 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) (c) “Indoor” means within the exterior walls of any building. (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 15 of 79                                             Draft 3 – PM Draft (Redline to Current) 2023 11 01 (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. (c) in any vehicle owned or operated by the TribeNation. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 411.3. 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. (c) “Indoor” means within the exterior walls of any building. (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 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 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. (c) in any vehicle owned or operated by the Nation. 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 89 90 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 4) 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 or 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. 24 of 79 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 Ona’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 29 of 79 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 Page 9 of 14 30 of 79 (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 Page 10 of 14 31 of 79 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) 32 of 79 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) 33 of 79 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) 34 of 79 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 Page 14 of 14 35 of 79 Oneida Nation Oneida Business Committee Legislative Operating Committee O Boš ͛͞͝ 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: I\ __________________________________________________________________________ Please send this form and all supporting materials to: LOC@oneidanation.org or Legislative Operating Committee (LOC) P.O. Box 365 Oneida, WI 54155 Phone 920-869-4376 A good mind. A good heart. A strong fire. 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 Page 1 of 9 37 of 79 (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. Page 2 of 9 38 of 79 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. Page 3 of 9 39 of 79 (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. Page 4 of 9 40 of 79 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. ~· i ,, ... Agenda Request Form 1) Request Date: October 18, 2023 2) 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 or 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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; (c) is not provided as compensation for goods or services; and (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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 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. (c) "Lavish" or "Extravagant" shall have the meaning determined by the Oneida Business Committee in its discretion and based on the circumstances, taking into account needs unique to the Nation as well as the social purpose being served by the particular assistance at hand, except as otherwise may be required for compliance with final guidance issued under 26 U.S.C. §139E following consultation between the Nation and the federal government. (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 (c) meets the criteria of the General Test under the I.R.S. General Criteria of General 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; (c) The assistance does not discriminate in favor of members of the governing body of the 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 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 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. (c) Contents of Proposed Approved Programs. The law or resolution establishing an 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 1 134 135 136 137 138 139 140 141 142 143 144 145 146 14 7 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 173 174 175 176 177 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, [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Abd180507ab33d26e. Public record. Not legal advice.