Oneida Business Committee (2024)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

April 3, 2024

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. March 20, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Veterans Affairs Committee Bylaws Amendments (pg. 4)

IV.

New Submissions

1. GTC Government Participation GWE Law (pg. 40)

2. Petition C. Kestell: Address Housing Issues/Veterans Home Loan Program (pg. 46)

3. Renewable Energy Law (pg. 47)

V.

Additions

VI.

Administrative Updates

1. June 5, 2024 LOC Community Meeting Notice (p. 48)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

March 20, 2024

9:00 a.m.

Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore

Excused: Kirby Metoxen

Others Present: Clorissa N. Leeman, Grace Elliott, Maureen Perkins

Others Present on Microsoft Teams: Michelle Braaten, Janice Decorah, Carolyn Salutz, David

P. Jordan, Fawn Cottrell, Michelle Tipple, Carrie Lindsey, Eric McLester, Ralinda NinhamLamberies, Peggy Helm-Quest, Eric McLester, Eric Boulanger, Todd Vanden Heuvel, Tavia

James-Charles, Kaylynn Gresham, Kristal Hill, Fawn Billie, Sidney White, Justin Nishimoto

I.

Call to Order and Approval of the Agenda

Jameson Wilson called the March 20, 2024, 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. March 6, 2024 LOC Meeting Minutes

Motion by Jonas Hill to approve the March 6, 2024, LOC meeting minutes and forward to

the Oneida Business Committee; seconded by Marlon Skenandore. Motion carried

unanimously.

III.

Current Business

IV.

New Submissions

1. Community Support Fund Law Amendments

Motion by Jonas Hill to add the Community Support Fund law amendments to the Active

Files List with Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

V.

Additions

VI.

Administrative Items

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

Legislative Operating Committee Meeting Minutes of March 20, 2024

Page 1 of 2

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ONEIDA

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VII.

Executive Session

VIII. Adjourn

Motion by Marlon Skenandore to adjourn at 9:04 a.m.; seconded by Jennifer Webster.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of March 20, 2024

Page 2 of 2

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r'\.

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

April 3, 2024

Oneida Nation Veterans Affairs

Committee Bylaws Amendments

Submission Date: 3/28/24

LOC Sponsor: Jennifer Webster and

Jonas Hill

Public Meeting: N/A

Emergency Enacted: N/A

Expires: N/A

Summary: The Oneida Nation Veterans Affairs Committee requested The

Oneida Nation Veterans Affairs Committee (ONVAC) requested that the Legislative Operating

Committee add the ONCAV Bylaws to the Active Files List for the purposes of revising the

definition of “Active Duty” in the section of the bylaws governing membership qualifications. The

Legislative Operating Committee originally added the ONVAC Bylaws Amendments to the Active

Files List on February 16, 2022. This item was carried over from the last term. On October 4th,

2023, Jonas Hill motioned to add the ONVAC Bylaws Amendments to the Active Files List with

Jennifer Webster and Jonas Hill as the sponsors. Marlon Skenandore seconded the motion and it

carried unanimously.

10/4/23 LOC: Motion by Jonas Hill to add the Oneida Nation Veterans Affairs Committee Bylaws

Amendments to the Active Files List with Jennifer Webster and Jonas Hill as the

sponsors; seconded by Marlon Skenandore. Motion carried unanimously.

11/14/23:

Work Meeting. Present: Jamison Wilson, Grace Elliott, John Breuninger, Gerald

Cornelius, Bonnie Pigman, Floyd Hill, Arthur Cornelius, Dale Webster, Deke Suri,

Conner Kestell, Benjamin Skenandore. The purpose of this meeting was to review

proposed bylaw amendments with the ONVAC. The ONVAC voted to approve the

amended bylaws.

3/12/24:

Work Meeting. Present: Grace Elliott, Gerald Cornelius, Bonnie Pigman, Deke Suri,

Conner Kestell, Benjamin Skenandore, Lynn Summers, Kerry Metoxen, Carol Silva,

Maureen Perkins. The purpose of this meeting was to review additional proposed

bylaw amendments with the ONVAC. The ONVAC voted to approve the amended

bylaws.

Next Steps:

▪

▪

Accept the Oneida Nation Veterans Affairs Committee bylaws amendments and legislative

analysis.

Forward the Oneida Nation Veterans Affairs Committee bylaws amendments to the Oneida

Business Committee for consideration.

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Oneida Nation Veterans

Affairs Committee

By-Laws

ONEIDA

ONVAC

For anything not covered by these by-laws, please refer to the

Oneida Nation

Title 1. Government and Finances – Chapter 105

BOARDS, COMMITTEES AND COMMISSIONS

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ONEIDA NATION

VETERANS AFFAIRS

COMMITTEE

MISSION STATEMENT

Our Mission is to provide quality support

service and assistance to our Oneida

Veterans and their families.

We are the principal advocates for

Veterans and their families, and we

accept the responsibility to protect the

integrity of the Veterans Community.

We advocate for the Veterans and their

families within the Oneida Community by

representing their needs and causes as

they relate to our Veterans individually

and as veterans’ organizations.

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TABLE OF CONTENTS

Article I. Authority ...................................................................................................................... 1

Article II. Officers and Administrative Support ....................................................................... 4

Article III. Meetings..................................................................................................................... 7

Article IV. Expectations ............................................................................................................. 10

Article V. Stipends and Compensation ..................................................................................... 11

Article VI. Records and Reporting............................................................................................ 12

Article VII. Amendments to Bylaws.......................................................................................... 14

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ONEIDA NATION VETERANS AFFAIRS COMMITTEE

BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Nation Veterans Affairs

Committee and may be referred to as the Veterans Affairs Committee or

abbreviated ONVAC.

1-2.

Establishment. ONVAC was created by the Oneida Business Committee by motion on

January 12, 1994, and further established through the adoption of these

bylaws on October 29, 1997, which were amended on February 13, 2013,

and from time-to-time hereinafter.

1-3.

Authority.

(a)

(b)

Purpose. The purpose of the Oneida Veterans Affairs Committee

(“ONVAC”) is to serve as an advisory body to the Oneida Veterans Service

Office (“Office”) in all matters relating to Oneida Nation Veterans’ rights

and benefits and veterans’ affairs issues, and to protect the honor and

integrity of the Oneida Nation and all veterans who served honorably in the

United States Uniformed Services. Among other services, the Veterans

Affairs Committee is to provide advice and constructive input to the Oneida

Veterans Service Office Director on all veterans’ affairs issues so that the

Office can formulate veterans’ services and programs; and to coordinate

veterans’ events with the Office and veterans’ organizations that are

representatives of Oneida Veterans and the Oneida Nation.

Powers and Duties. The powers of ONVACthe Veterans Affairs Committee

are advisory, with duties that include, but are not limited to, the following:

(1)

Supporting the Oneida Veterans Service Office and the Oneida

Nation.

(2)

Being responsible to the Oneida Business Committee, all Oneida

Nation Veterans and their families, and the Oneida Community.

(3)

Supporting the Office in the provision and coordination of all

veterans services to the Oneida Community and as requested by

local, state, federal, other tribal activities and/or events and veterans

associations, such as the Color/Honor Guard, funerals, parades,

school visits and presentations.

(4)

Color Guard. The ONVAC is the official Color Guard of the Oneida

Nation. The ONVAC may appoint other endorsed or approved

veterans or veteran groups in order to fulfill any Oneida Nation

requests. This duty may be delegated to the Oneida Veterans Service

Officer who also has direct contact with Oneida Veterans and the

active veterans’ organization.

(A)

Designate Representatives. The ONVAC and the Oneida

Veterans Service Office Director shall verify the authenticity

of groups or individuals who wish to represent Oneida

Nation Veterans.

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(5)

(6)

Financial Requests. The ONVAC shall be the screening body for

individual veterans or veteran groups who are requesting funds from

the Oneida Nation for various reasons such as: (1) to alleviate a

financial hardship; (2) to provide a veterans service or event, such

as the Veterans Pow-Wow, a seminar, training or a conference; and

(3) to attend a veterans related project, event, training, seminar, and/

or some other activity, such as a military reunion.

Responding to and acting upon any other delegated authority

established through the laws, policies, rules and resolutions of the

Oneida Nation.

1-4.

Office.

The official mailing address of the Veterans Affairs Committee shall be:

Oneida Nation Veterans Affairs Committee

ATTN: Veterans Service Office

P.O. Box 365

Oneida, Wisconsin 54155

1-5.

Membership.

(a)

Number of Members. The ONVAC shall consist of up to nine (9) appointed

members.

(1)

Each member shall hold office until his or her term expires, until his

or her resignation, or until his or her appointment is terminated in

accordance with the Boards, Committees and Commissions law.

(A)

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

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

in by the Oneida Business Committee.

(B)

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

meeting or by delivering written notice to the Oneida

Business Committee Support Office and the ONVAC

Chairperson or Chairperson’s designee. The resignation is

deemed effective upon acceptance by motion of a member’s

verbal resignation or upon delivery of the written notices.

(b)

Appointment. ONVAC members shall be appointed in accordance with the

Boards, Committees and Commissions law for terms of three (3) years.

(1)

Terms shall be staggered with appointments to be started on the first

day of the year (1/1) and ending on the last day of the year (12/31).

(c)

Vacancies. Vacancies shall be filled in accordance with the Boards,

Committees and Commissions law.

(1)

The ONVAC Chairperson shall review application materials during

executive session and provide the Oneida Business Committee with

recommendations on applicants for appointment by the executive

session in which appointments are intended to be made.

(A)

Prior to sending recommendations to the Government

Administrative Office for Oneida Business Committee

consideration, the ONVAC Chairperson may utilize a

portion of executive session to solicit feedback on ONVAC

applications.

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(d)

Qualifications of Members. ONVAC members shall meet the following

qualifications:

(1)

Be an enrolled member of the Oneida Nation.

(2)

Be a resident of Brown or Outagamie County, Wisconsin.

(3)

Have served on and Honorably Discharged (Form DD-214

Required) from Active Duty in the United States Uniformed

Services (Army, Navy, Air Force, Marines, Coast Guard, Public

Health Service or National Oceanic and Atmospheric

Administration) or have served as a member of the Select Reserve

and completed at least six (6) years in the Reserves or the National

Guard or was discharged early because of a service connected

disability.

(A)

Active Duty is defined as having served one hundred and

eighty-one (181) days or more of continuous active duty

unless discharged early, with less than one hundred and

eighty-one (181) days of active duty, because of a service

connected disability.

(4)

Have served as a member of the Selected Reserve and completed at

least six (6) years in the Reserves or the National Guard or was

discharged early because of a service-connected disability.

(45) Be a citizen in good standing in the Oneida Community.

1-6.

Termination. An ONVAC member’s appointment may be terminated by the Oneida

Business Committee in accordance with the Boards, Committees and

Commissions law.

(a)

The Veterans Affairs Committee may make recommendations to the Oneida

Business Committee for the termination of a member’s appointment based

on the following:

(1)

A failure to comply with these bylaws or with any other law and/or

policy of the Nation;

(2)

Three (3) un-excused absences from an ONVAC meeting within a

period of one (1) year.

(A)

An un-excused absence shall be defined as a failure by a

member to notify an ONVACa Board Officer, in writing, of

his or her pending absence no less than thirty (30) minutes

before prior to the scheduled meeting.

(b)

Recommendations to the Oneida Business Committee for termination of an

ONVAC member’s appointment must be determined by a majority vote of

the members in attendance at an ONVAC meeting of an established

quorum.

1-7.

Training and Conferences. ONVAC members shall attend and participate in various

trainings and/or conferences that the ONVAC Chairperson or a majority of

the members in attendance at an ONVAC meeting of an established quorum

deem necessary for members to responsibly serve ONVAC and/or maintain

the knowledge, skills and abilities required of them to perform the on-going

activities relating thereto.

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(a)

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

to attend, no ONVAC member shall be eligible to receive stipends for

attending more than five (5) full days of mandatory trainings/conferences

per year.

Article II. Officers and Administrative Support

2-1. Officers.

The Officer positions of the Veterans Affairs Committee shall consist of a

Chairperson, a Vice-Chairperson and a Secretary.

2-2.

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

Chairperson are as follows:

(a)

Shall call and preside over all meetings of the Veterans Affairs Committee

and appoint members to any task forces or subcommittees of the ONVAC

in accordance with section 3-4 of these bylaws.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws

(c)

Shall submit, or through a designee submit, annual and semi-annual reports

to the Oneida General Tribal Council, as well as quarterly reports to the

Oneida Business Committee, in accordance with the Boards, Committees

and Commissions law.

(d)

Shall represent and/or request another Officer to represent the ONVAC at

all regularly scheduled/unscheduled reporting requirements to the Oneida

Business Committee and other business units of the Nation as may be

requested, including, but not limited to, the Oneida Business Committee

meeting in which the ONVAC’s quarterly report appears on the agenda.

(e)

In collaboration with the Vice-Chairperson, Secretary and personnel from

the Oneida Veterans Services Office, shall prepare agendas and handouts,

submit any necessary paperwork to ensure stipends are paid, and perform

other similar administrative functions, all in accordance with these bylaws,

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

Open Meetings law.

2-3.

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

the Vice-Chairperson are as follows:

(a)

Shall preside over all meetings of the Veterans Affairs Committee in the

absence of the Chairperson and may call emergency meetings.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws.

(c)

In lieu of the Chairperson, shall represent and/or request another Officer

to represent the ONVAC at all regularly scheduled/unscheduled reporting

requirements to the Oneida Business Committee and other business

units of the Nation as may be requested, including, but not limited to, the

Oneida Business Committee meeting in which the ONVAC’s quarterly

report appears on the agenda.

(d)

In collaboration with the Chairperson, Secretary and personnel from the

Oneida Veterans Services Office, shall prepare agendas and handouts,

submit any necessary paperwork to ensure stipends are paid, and perform

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other similar administrative functions, all in accordance with these bylaws,

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

Open Meetings law.

2-4.

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

Secretary are as follows:

(a)

Shall preside over meetings pursuant to section 3-5(a).In the event that

both the Chairperson and the Vice-Chairperson positions become vacant

before the end of their terms, shall be allowed to call meetings of the

ONVAC 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 absences of the Chairperson, shall

preside.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws.

(c)

In lieu of both the Chairperson and Vice-Chairperson, shall represent the

ONVAC at all regularly scheduled/unscheduled reporting requirements to

the Oneida Business Committee and other business units of the Nation as

may be requested, including, but not limited to, the Oneida Business

Committee meeting in which the ONVAC’s quarterly report appears on the

agenda.

(d)

Shall provide notice of meeting locations, agendas and minutes; prepare

meeting minutes, correspondence, written reports, including the annual,

semi-annual and quarterly reports required by the Boards, Committees and

Commissions law; and perform other duties on behalf of the

Veterans Affairs Committee as scheduled and/or required by a majority vote

of the members at an ONVAC meeting of an established quorum, all in

accordance with these bylaws, the Boards, Committees and Commissions

law, and the Open Records and Open Meetings law.

(e)

In collaboration with the Chairperson, Vice-Chairperson, and personnel

from the Oneida Veterans Services Office, shall prepare agendas and

handouts, submit any necessary paperwork to ensure stipends are paid, and

perform other similar administrative functions, all in accordance with these

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

Records and Open Meetings law.

(f)

Shall serve as the designee for the responsibility of conducting an e-poll in

the absence of the Chairperson or Vice-Chairperson.

2-5.

Selection of Officers. Officers of the Veterans Affairs Committee shall be elected on an

annual basis by a majority vote of the members in attendance at an ONVAC

meeting of an established quorum for terms of one (1) year.

(a)

The election of Officers shall take place within thirty (30) days after the

newly appointed ONVAC members are present at their first scheduled

regular meeting of an established quorum.

(b)

ONVAC members may be dismissed from their Officer position by majority

vote of the members in attendance at an ONVAC meeting of an established

quorum.

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(c)

(d)

Vacant Officer positions shall be filled by majority vote of the members in

attendance at an ONVAC meeting of an established quorum.

Members of the ONVAC shall not hold more than one (1) Officer position

per Officer term.

2-6.

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

procedures regarding purchasing and sign-off authority.

(a)

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

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

Policies and Procedures, for Area Directors/Enterprise Directors.

(1)

All ONVAC Officers shall have sign-off authority.

(2)

Two (2) of the ONVAC Officers are required to sign- off on all

budgetary requests.

(b)

The Oneida Business Committee Support Office shall have sign- off

authority over requests for stipends, travel per diem and business expense

reimbursements.

(c)

ONVAC shall approve a member’s request to travel on behalf o f ONVAC

by a majority vote of the members in attendance at a regular or emergency

ONVAC meeting of an established quorum.

2-7.

Personnel.

(a)

The Veterans Affairs Committee shall not have authority to hire personnel

for its benefit.

ONVAC may receive administrative support from staff within the Oneida

Business Committee Support Office and the Oneida Veterans Service

Office that is consistent with the Boards, Committees and Commissions

law for items such as preparing meeting agendas, documents and minutes;

providing notice of meetings, meeting agendas, documents and minutes;

recording meetings and meeting minutes; maintaining meeting agendas,

documents and minutes; and submitting any necessary paperwork to

facilitate stipend payments.

Article III. Meetings

3-1. Regular Meetings. The regular meetings of the Veterans Affairs Committee shall be held

every second Tuesday of each month, commencing at 5:00 p.m. , in the

Veterans Department located at 134 Riverdale Drive in Oneida, Wisconsin.

(a)

The meeting date, time and/or place shall be reviewed by the

ONVAC and may change from time-to-time by majority vote of the

members in attendance at an ONVAC meeting of an established quorum so

long as notice is provided to all members in writing and, along with the

public, in accordance with governing law, including, but not limited to, the

Open Records and Open Meetings law, prior to the implementation of a new

date, time and/or location.

(1)

Meeting locations shall be within the Reservation boundaries unless

notice is provided to all members in writing and, along with the

public, consistent with governing law, prior to designating the

meeting location.

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(b)

(c)

(d)

The ONVAC Officers and personnel from the Oneida Veterans Services

Office shall work collaboratively to ensure all members, as well as the

public, are provided notice of meeting location, agenda, documents and

minutes pursuant to the Open Records and Open Meetings law and

that the meeting agenda, documents and minutes are prepared and packaged

for the ONVAC members consistent with the Boards, Committees and

Commissions law.

Meetings shall be run in accordance with Robert’s Rules of Order and shall

be open to the public per the Open Records and Open Meetings law.

For the purpose of In order to protect and preserve confidentiality, portions

of any regular meeting addressing personnel, private, or otherwise

confidential matters may be removed to the executive section of the

agenda.

3-2.

Emergency Meetings. An emergency meeting may be called for the purpose of addressing

an emergent need relative to the work of the ONVAC that requires a

determination/decision unable to await until the monthly scheduled meeting

of the ONVAC.

(a)

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

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

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

matter could not wait until the next regular scheduled meeting.

(b)

Subject to section 2-4(a) of these bylaws, emergency meetings

may be called by any ONVAC Officer upon at least twenty-four (24)

hour advance notice to all members of the Veterans Affairs Committee.

(1)

Notice of an emergency meeting shall be provided to all

ONVAC members via telephone call, as well as by e-mail

communication sent, with a RSVP request, to the official Oneida

Nation e-mail address provided to each member to conduct ONVAC

business electronically, and, along with the public, shall further be

provided in accordance with the Open Records and Open Meetings

law.

(2)

A quorum must be present at the emergency meeting in order

to take any action.

(c)

Minutes of emergency meetings shall be taken, recorded electronically, and

approved for the record at the next scheduled monthly ONVAC meeting.

3-3.

Joint Meetings. Joint Meetings may be held in the Oneida Business Committee

Conference Room of the Norbert Hill Center as frequently as agreed upon

between the Oneida Business Committee and the ONVAC.

(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.

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3-4.

Task Forces and Subcommittees. Task forces and subcommittees of the ONVAC may be

created and dissolved when necessary, so long as in accordance with the

Boards, Committees and Commissions law.

(a)

The Chairperson shall be an ex officio member of all task forces

and subcommittees.

(b)

A task force created by the ONVAC shall dissolve upon either a set date

or acceptance of a final report by the ONVAC at its next scheduled monthly

meeting.

(1)

At a minimum, task forces created by the ONVAC must have

mission or goal statements for completion of tasks.

(2)

Materials generated by the task force shall be forwarded to the

Oneida Business Committee Support Office for proper disposal

within two (2) weeks of dissolution.

3-5.

Quorum.

(a)

minutes before the

3-6.

All meetings of the ONVAC shall have at least a quorum in attendance,

with quorum being defined as five (5) a majority of the current ONVAC

members, one (1) of whom must be the Chairperson or Vice-Chairperson.

which is an ONVAC Officer; provided the Secretary may only

complete a quorum for meetings called pursuant to section 2-4(a) of these

bylaws.

(1)

If there are eight (8) or nine (9) ONVAC members a quorum

requires that five (5) are present.

(2)

If there are six (6) or seven (7) ONVAC members a quorum requires

that four (4) are present.

(3)

If there are four (4) or five (5) ONVAC members a quorum requires

that three (3) are present.

(4)

If there are two (2) or three (3) ONVAC members a quorum requires

that two (2) are present.

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

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

authorized to call meetings of the ONVAC to fill the vacancies and to

preside over those meetings for the sole purpose of conducting an election

of new Officers. Under such circumstances, a quorum shall be established

by the attendance of a majority of the current ONVAC members, one of

whom must be the Secretary.A quorum shall be established at least five (5)

scheduled meeting time.

(1)

Failure to establish a quorum will result in rescheduling of the

meeting.

Order of Business. The order of business shall be:

(a)

Call to Order/Pledge of AllegianceOpening Ceremony

(a)(b) Roll Call

(c)

Approval of Agenda

(d)

Approval of Minutes

(d)

Task Force and Subcommittee Reports or Reports by Invited Guests

(e)

Old Business/Tabled Business

(f)

New Business

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(g)

(h)

(i)

(j)

(k)

(l)

3-7.

Voting.

(a)

(b)

Reports

(1) Veteran Service Officer Report (FYI)

Public Comment (5-minute limit per speaker per subject)

Executive Session

Other Additional Agenda Items and/or Reports by Individual ONVAC

Members

Roll Call

Adjournment

Decisions of the ONVAC shall be by majority vote of the members in

attendance at an ONVAC meeting of an established quorum.

Each of the nine (9) ONVAC members, including the Chairperson, shall

be entitled to one (1) vote on each matter submitted to a vote of the ONVAC.

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

Committees and Commissions law.

(1)

The Vice-Chairperson or Secretary shall serve as the Chairperson’s

designee for the responsibility of conducting an e-poll in the absence

or discretion of the Chairperson.

Article IV. Expectations

4-1. Behavior of Members.

(a)

Members of the ONVAC shall present and conduct themselves in a

professional manner when acting in their official capacity as members of

the ONVAC by, among other actions, speaking in a respectful and courteous

manner to ONVAC members, as well as non-members, and dressing in

appropriate attire when attending meetings and/or other ONVAC events.

(b)

No member shall act independently of the ONVAC, on behalf of the

ONVAC, or express and/or represent views of the ONVAC

without its specific approval as established by a majority vote of the

members present at an ONVAC meeting of an established quorum.

(c)

Members shall prepare for and attend all meetings of the ONVAC unless

excused in accordance with these bylaws.

(d)

Members shall comply with these bylaws and all other laws and/or policies

of the Nation.

(e)

Enforcement. Any action by a member contrary to the above shall be

discussed at the next ONVAC regularly scheduled monthly meeting or

emergency meeting and appropriate warnings and/or actions may be taken

by the ONVAC as agreed upon by a majority vote of the ONVAC members

in attendance at the monthly or emergency meeting of an established

quorum, including, but not limited to:

(1)

That the ONVAC may make a recommendation to the Oneida

Business Committee for termination of the member’s appointment

in accordance with the Boards, Committees and Comm issions law

or any other law of the Nation governing the termination of

appointed officials.

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(2)

That the ONVAC may discipline the member in accordance with

any law of the Nation governing sanctions and penalties for

appointed officials.

4-2.

Prohibition of Violence. ONVAC members are prohibited from participating in or

committing any intentional acts of violence that inflict, attempt to inflict, or

threaten to inflict emotional or bodily harm on another person or damage to

property. No intentional act of violence will be tolerated and/or accepted by

any member of the ONVAC while acting in an official capacity as a member

of the ONVAC.

4-3.

Drug and Alcohol Use. ONVAC members shall not use any alcohol, illegal drugs or legal

drugs, other than as prescribed/directed, while acting in their official

capacity as members of the ONVAC.

4-4.

Social Media. Expectations for use of social media is for official business of the ONVAC

(a)

While engaged in social media activities, no member shall use

his or her status on the ONVAC for individual gain or purpose.

(b)

Members of the ONVAC shall comply with the Oneida Nation’s Social

Media Policy and their oath of office when using social media while acting

on behalf of or as a representative of the ONVAC.

4-5.

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

governing conflicts of interest.

(a)

Members on the ballot for an Officer position with the ONVAC shall recuse

themselves from voting on the position for which they are running to fill.

Article V. Stipends and Compensation

5-1. Stipends.

ONVAC members shall be eligible for the following stipends as set forth

in and subject to these bylaws, the Boards, Committees and Commissions

law, and resolution BC-05-08-19-B titled, Amending Resolution BC-04-1322 B09-2618-D Boards, Committees and Commissions Law Stipends, as may

be

further amended from time-to time-hereafter:

(a)

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

(1)

A quorum was established;

(2)

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

hour; and

(3)

The member collecting the stipend was physically present for the

entire meeting.

(b)

A stipend for attending a duly called joint meeting between the

ONVAC and the Oneida Business Committee, provided that:

(1)

A quorum was established by the ONVAC;

(2)

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

(3)

The ONVAC member collecting the stipend was physically present

for the entire joint meeting.

(c)

For attending a conference or training, provided that:

I _- - -

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(1)

(d)

(e)

5-2.

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

conference for a full day; and

(2)

The member’s attendance at the training or conference was required

by law, bylaws or resolution.

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

the Judiciary hearing was required by official subpoena.

Task force and subcommittee members shall not be eligible for stipends

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

Oneida General Tribal Council.

Compensation. Besides travel, per diem and business expense reimbursements authorized

by the Boards, Committees and Commissions law, ONVAC members shall

not be eligible for any other form of compensation for duties/activities

they perform on behalf of the ONVAC.

Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be consistently maintained in the format identified in

Article III, section 3-6 of these bylaws as the Order of Business.

6-2.

Minutes.

(a)

(b)

Meeting minutes of the ONVAC shall be typed in a consistent format

provided by the Oneida Business Committee Support Office to generate the

most informative record of all meetings of the ONVAC.

The minutes shall provide a summary of the action(s) taken by the

ONVAC during the meeting that includes the decision, any motions and/or

amendments, the vote and any other pertinent information that would lend

to the record.

Minutes shall be submitted to the Oneida Business Committee Support

Office within thirty (30) days of their approval by the ONVAC.

6-3.

Attachments. All meeting handouts, reports, memorandum, and the like shall be attached

to the minutes and agenda to be maintained as a packet upon submission to

the Oneida Business Committee Support Office.

6-4.

Oneida Business Committee Liaison. All three (3) Officers of the ONVAC shall be made

aware of the need to meet with the Oneida Business Committee member

who is ONVAC’s designated liaison and any and/or all of the Officers may

meet with the liaison on an as-needed basis, the frequency and format of

which may be as agreed upon between the liaison and the Officers so long

as no less than as required by law or policy on reporting developed by the

Oneida Business Committee or Oneida General Tribal Council.

(a)

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

to act as support to the ONVAC.

6-5.

Audio Recordings. All meetings of the ONVAC shall be audio recorded using a recording

device approved of and/or supplied by the Oneida Business Committee

Support Office.

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(a)

Article VII. Amendments.

7-1. Amendments. The Veterans Affairs Committee, upon written notice, may at any of its

regular meetings, by a majority vote of the members present at a meeting of

an established quorum, amend or repeal these bylaws, provided that

the amendment or repeal has been submitted in writing at the previous

regular meeting.

(a)

Any amendments to these bylaws shall conform to the requirements of the

Boards, Committees and Commissions law and any other policy of the

Nation.

(b)

All amendments and/or repeals of these bylaws shall be approved by the

Oneida Business Committee prior to implementation.

(c)

These bylaws shall be reviewed on an annual basis.

530

531

______________________________________________________________________________

532

533

534

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

at a duly called meeting held on this _______ day of _________________ 2023, by the Secretary

of the Oneida Business Committee’s signature.

(b)

Audio recordings shall be maintained by the Oneida Business Committee

Support Office in accordance with the Open Records and Open Meetings

law.

Exception. Audio recordings of executive session portions of a meeting

shall not be recorded.

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_______________________________________

Lisa Liggins, Tribal Secretary

Oneida Business Committee

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Oneida Nation Veterans

Affairs Committee

By-Laws

ONEIDA

ONVAC

For anything not covered by these by-laws, please refer to the

Oneida Nation

Title 1. Government and Finances – Chapter 105

BOARDS, COMMITTEES AND COMMISSIONS

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ONEIDA NATION

VETERANS AFFAIRS

COMMITTEE

MISSION STATEMENT

Our Mission is to provide quality support

service and assistance to our Oneida

Veterans and their families.

We are the principal advocates for

Veterans and their families, and we

accept the responsibility to protect the

integrity of the Veterans Community.

We advocate for the Veterans and their

families within the Oneida Community by

representing their needs and causes as

they relate to our Veterans individually

and as veterans’ organizations.

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TABLE OF CONTENTS

Article I. Authority ...................................................................................................................... 1

Article II. Officers and Administrative Support ....................................................................... 4

Article III. Meetings..................................................................................................................... 7

Article IV. Expectations ............................................................................................................. 10

Article V. Stipends and Compensation ..................................................................................... 11

Article VI. Records and Reporting............................................................................................ 12

Article VII. Amendments to Bylaws.......................................................................................... 14

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ONEIDA NATION VETERANS AFFAIRS COMMITTEE

BYLAWS

Article I. Authority

1-1. Name.

The name of this entity shall be the Oneida Nation Veterans Affairs

Committee and may be referred to as the Veterans Affairs Committee or

abbreviated ONVAC.

1-2.

Establishment. ONVAC was created by the Oneida Business Committee by motion on

January 12, 1994, and further established through the adoption of these

bylaws on October 29, 1997, which were amended on February 13, 2013,

and from time-to-time hereinafter.

1-3.

Authority.

(a)

(b)

Purpose. The purpose of the Oneida Veterans Affairs Committee

(“ONVAC”) is to serve as an advisory body to the Oneida Veterans Service

Office (“Office”) in all matters relating to Oneida Nation Veterans’ rights

and benefits and veterans’ affairs issues, and to protect the honor and

integrity of the Oneida Nation and all veterans who served honorably in the

United States Uniformed Services. Among other services, the Veterans

Affairs Committee is to provide advice and constructive input to the Oneida

Veterans Service Office Director on all veterans’ affairs issues so that the

Office can formulate veterans’ services and programs; and to coordinate

veterans’ events with the Office and veterans’ organizations that are

representatives of Oneida Veterans and the Oneida Nation.

Powers and Duties. The powers of the ONVAC are advisory, with duties

that include, but are not limited to, the following:

(1)

Supporting the Oneida Veterans Service Office and the Oneida

Nation.

(2)

Being responsible to the Oneida Business Committee, all Oneida

Nation Veterans and their families, and the Oneida Community.

(3)

Supporting the Office in the provision and coordination of all

veterans’ services to the Oneida Community and as requested by

local, state, federal, other tribal activities and/or events and veterans

associations, such as the Color/Honor Guard, funerals, parades,

school visits and presentations.

(4)

Color Guard. The ONVAC is the official Color Guard of the Oneida

Nation. The ONVAC may appoint other endorsed or approved

veterans or veteran groups in order to fulfill any Oneida Nation

requests. This duty may be delegated to the Oneida Veterans Service

Officer who also has direct contact with Oneida Veterans and the

active veterans’ organization.

(A)

Designate Representatives. The ONVAC and the Oneida

Veterans Service Office Director shall verify the authenticity

of groups or individuals who wish to represent Oneida

Nation Veterans.

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(5)

(6)

Financial Requests. The ONVAC shall be the screening body for

individual veterans or veteran groups who are requesting funds from

the Oneida Nation for various reasons such as: (1) to alleviate a

financial hardship; (2) to provide a veterans service or event, such

as the Veterans Pow-Wow, a seminar, training or a conference; and

(3) to attend a veterans related project, event, training, seminar, and/

or some other activity, such as a military reunion.

Responding to and acting upon any other delegated authority

established through the laws, policies, rules and resolutions of the

Oneida Nation.

1-4.

Office.

The official mailing address of the Veterans Affairs Committee shall be:

Oneida Nation Veterans Affairs Committee

ATTN: Veterans Service Office

P.O. Box 365

Oneida, Wisconsin 54155

1-5.

Membership.

(a)

Number of Members. The ONVAC shall consist of up to nine (9) appointed

members.

(1)

Each member shall hold office until his or her term expires, until his

or her resignation, or until his or her appointment is terminated in

accordance with the Boards, Committees and Commissions law.

(A)

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

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

in by the Oneida Business Committee.

(B)

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

meeting or by delivering written notice to the Oneida

Business Committee Support Office and the ONVAC

Chairperson or Chairperson’s designee. The resignation is

deemed effective upon acceptance by motion of a member’s

verbal resignation or upon delivery of the written notices.

(b)

Appointment. ONVAC members shall be appointed in accordance with the

Boards, Committees and Commissions law for terms of three (3) years.

(1)

Terms shall be staggered with appointments to be started on the first

day of the year (1/1) and ending on the last day of the year (12/31).

(c)

Vacancies. Vacancies shall be filled in accordance with the Boards,

Committees and Commissions law.

(1)

The ONVAC Chairperson shall review application materials during

executive session and provide the Oneida Business Committee with

recommendations on applicants for appointment by the executive

session in which appointments are intended to be made.

(A)

Prior to sending recommendations to the Government

Administrative Office for Oneida Business Committee

consideration, the ONVAC Chairperson may utilize a

portion of executive session to solicit feedback on ONVAC

applications.

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(d)

Qualifications of Members. ONVAC members shall meet the following

qualifications:

(1)

Be an enrolled member of the Oneida Nation.

(2)

Be a resident of Brown or Outagamie County, Wisconsin.

(3)

Have served on and Honorably Discharged (Form DD-214

Required) from Active Duty in the United States Uniformed

Services (Army, Navy, Air Force, Marines, Coast Guard, Public

Health Service or National Oceanic and Atmospheric

Administration) or have served as a member of the Select Reserve

and completed at least six (6) years in the Reserves or the National

Guard or was discharged early because of a service connected

disability.

(A)

Active Duty is defined as having served one hundred and

eighty-one (181) days or more of continuous active duty

unless discharged early, with less than one hundred and

eighty-one (181) days of active duty, because of a service

connected disability.

(4)

Be a citizen in good standing in the Oneida Community.

1-6.

Termination. An ONVAC member’s appointment may be terminated by the Oneida

Business Committee in accordance with the Boards, Committees and

Commissions law.

(a)

The Veterans Affairs Committee may make recommendations to the Oneida

Business Committee for the termination of a member’s appointment based

on the following:

(1)

A failure to comply with these bylaws or with any other law and/or

policy of the Nation;

(2)

Three (3) un-excused absences from an ONVAC meeting within a

period of one (1) year.

(A)

An un-excused absence shall be defined as a failure by a

member to notify an ONVAC Officer, of his or her pending

absence prior to the scheduled meeting.

(b)

Recommendations to the Oneida Business Committee for termination of an

ONVAC member’s appointment must be determined by a majority vote of

the members in attendance at an ONVAC meeting of an established

quorum.

1-7.

Training and Conferences. ONVAC members shall attend and participate in various

trainings and/or conferences that the ONVAC Chairperson or a majority of

the members in attendance at an ONVAC meeting of an established quorum

deem necessary for members to responsibly serve ONVAC and/or maintain

the knowledge, skills and abilities required of them to perform the on-going

activities relating thereto.

(a)

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

to attend, no ONVAC member shall be eligible to receive stipends for

attending more than five (5) full days of mandatory trainings/conferences

per year.

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Article II. Officers and Administrative Support

2-1. Officers.

The Officer positions of the Veterans Affairs Committee shall consist of a

Chairperson, a Vice-Chairperson and a Secretary.

2-2.

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

Chairperson are as follows:

(a)

Shall call and preside over all meetings of the Veterans Affairs Committee

and appoint members to any task forces or subcommittees of the ONVAC

in accordance with section 3-4 of these bylaws.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws

(c)

Shall submit, or through a designee submit, annual and semi-annual reports

to the Oneida General Tribal Council, as well as quarterly reports to the

Oneida Business Committee, in accordance with the Boards, Committees

and Commissions law.

(d)

Shall represent and/or request another Officer to represent the ONVAC at

all regularly scheduled/unscheduled reporting requirements to the Oneida

Business Committee and other business units of the Nation as may be

requested, including, but not limited to, the Oneida Business Committee

meeting in which the ONVAC’s quarterly report appears on the agenda.

(e)

In collaboration with the Vice-Chairperson, Secretary and personnel from

the Oneida Veterans Services Office, shall prepare agendas and handouts,

submit any necessary paperwork to ensure stipends are paid, and perform

other similar administrative functions, all in accordance with these bylaws,

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

Open Meetings law.

2-3.

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

the Vice-Chairperson are as follows:

(a)

Shall preside over all meetings of the Veterans Affairs Committee in the

absence of the Chairperson and may call emergency meetings.

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws.

(c)

In lieu of the Chairperson, shall represent and/or request another Officer

to represent the ONVAC at all regularly scheduled/unscheduled reporting

requirements to the Oneida Business Committee and other business

units of the Nation as may be requested, including, but not limited to, the

Oneida Business Committee meeting in which the ONVAC’s quarterly

report appears on the agenda.

(d)

In collaboration with the Chairperson, Secretary and personnel from the

Oneida Veterans Services Office, shall prepare agendas and handouts,

submit any necessary paperwork to ensure stipends are paid, and perform

other similar administrative functions, all in accordance with these bylaws,

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

Open Meetings law.

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2-4.

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

Secretary are as follows:

(a)

Shall preside over meetings pursuant to section 3-5(a).

(b)

Shall have financial sign-off authority as set forth in section 2-6 of these

bylaws.

(c)

In lieu of both the Chairperson and Vice-Chairperson, shall represent the

ONVAC at all regularly scheduled/unscheduled reporting requirements to

the Oneida Business Committee and other business units of the Nation as

may be requested, including, but not limited to, the Oneida Business

Committee meeting in which the ONVAC’s quarterly report appears on the

agenda.

(d)

Shall provide notice of meeting locations, agendas and minutes; prepare

meeting minutes, correspondence, written reports, including the annual,

semi-annual and quarterly reports required by the Boards, Committees and

Commissions law; and perform other duties on behalf of the

Veterans Affairs Committee as scheduled and/or required by a majority vote

of the members at an ONVAC meeting of an established quorum, all in

accordance with these bylaws, the Boards, Committees and Commissions

law, and the Open Records and Open Meetings law.

(e)

In collaboration with the Chairperson, Vice-Chairperson, and personnel

from the Oneida Veterans Services Office, shall prepare agendas and

handouts, submit any necessary paperwork to ensure stipends are paid, and

perform other similar administrative functions, all in accordance with these

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

Records and Open Meetings law.

(f)

Shall serve as the designee for the responsibility of conducting an e-poll in

the absence of the Chairperson or Vice-Chairperson.

2-5.

Selection of Officers. Officers of the Veterans Affairs Committee shall be elected on an

annual basis by a majority vote of the members in attendance at an ONVAC

meeting of an established quorum for terms of one (1) year.

(a)

The election of Officers shall take place within thirty (30) days after the

newly appointed ONVAC members are present at their first scheduled

regular meeting of an established quorum.

(b)

ONVAC members may be dismissed from their Officer position by majority

vote of the members in attendance at an ONVAC meeting of an established

quorum.

(c)

Vacant Officer positions shall be filled by majority vote of the members in

attendance at an ONVAC meeting of an established quorum.

(d)

Members of the ONVAC shall not hold more than one (1) Officer position

per Officer term.

2-6.

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

procedures regarding purchasing and sign-off authority.

(a)

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

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

Policies and Procedures, for Area Directors/Enterprise Directors.

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(1)

(2)

(b)

(c)

2-7.

Personnel.

(a)

All ONVAC Officers shall have sign-off authority.

Two (2) of the ONVAC Officers are required to sign-off on all

budgetary requests.

The Oneida Business Committee Support Office shall have sign-off

authority over requests for stipends, travel per diem and business expense

reimbursements.

ONVAC shall approve a member’s request to travel on behalf of ONVAC

by a majority vote of the members in attendance at a regular or emergency

ONVAC meeting of an established quorum.

The Veterans Affairs Committee shall not have authority to hire personnel

for its benefit.

ONVAC may receive administrative support from staff within the Oneida

Business Committee Support Office and the Oneida Veterans Service

Office that is consistent with the Boards, Committees and Commissions

law for items such as preparing meeting agendas, documents and minutes;

providing notice of meetings, meeting agendas, documents and minutes;

recording meetings and meeting minutes; maintaining meeting agendas,

documents and minutes; and submitting any necessary paperwork to

facilitate stipend payments.

Article III. Meetings

3-1. Regular Meetings. The regular meetings of the Veterans Affairs Committee shall be held

every second Tuesday of each month, commencing at 5:00 p.m., in the

Veterans Department located at 134 Riverdale Drive in Oneida, Wisconsin.

(a)

The meeting date, time and/or place shall be reviewed by the

ONVAC and may change from time-to-time by majority vote of the

members in attendance at an ONVAC meeting of an established quorum so

long as notice is provided to all members in writing and, along with the

public, in accordance with governing law, including, but not limited to, the

Open Records and Open Meetings law, prior to the implementation of a new

date, time and/or location.

(1)

Meeting locations shall be within the Reservation boundaries unless

notice is provided to all members in writing and, along with the

public, consistent with governing law, prior to designating the

meeting location.

(b)

The ONVAC Officers and personnel from the Oneida Veterans Services

Office shall work collaboratively to ensure all members, as well as the

public, are provided notice of meeting location, agenda, documents and

minutes pursuant to the Open Records and Open Meetings law and

that the meeting agenda, documents and minutes are prepared and packaged

for the ONVAC members consistent with the Boards, Committees and

Commissions law.

(c)

Meetings shall be run in accordance with Robert’s Rules of Order and shall

be open to the public per the Open Records and Open Meetings law.

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(d) In order to protect and preserve confidentiality, portions of any regular meeting

addressing personnel, private, or otherwise confidential matters may be

removed to the executive section of the agenda.

3-2.

Emergency Meetings. An emergency meeting may be called for the purpose of addressing

an emergent need relative to the work of the ONVAC that requires a

determination/decision unable to await until the monthly scheduled meeting

of the ONVAC.

(a)

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

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

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

matter could not wait until the next regular scheduled meeting.

(b)

Subject to section 2-4(a) of these bylaws, emergency meetings

may be called by any ONVAC Officer upon at least twenty-four (24)

hour advance notice to all members of the Veterans Affairs Committee.

(1)

Notice of an emergency meeting shall be provided to all

ONVAC members via telephone call, as well as by e-mail

communication sent, with a RSVP request, to the official Oneida

Nation e-mail address provided to each member to conduct ONVAC

business electronically, and, along with the public, shall further be

provided in accordance with the Open Records and Open Meetings

law.

(2)

A quorum must be present at the emergency meeting in order

to take any action.

(c)

Minutes of emergency meetings shall be taken, recorded electronically, and

approved for the record at the next scheduled monthly ONVAC meeting.

3-3.

Joint Meetings. Joint Meetings may be held in the Oneida Business Committee

Conference Room of the Norbert Hill Center as frequently as agreed upon

between the Oneida Business Committee and the ONVAC.

(a)

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

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

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

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

amended from time-to-time hereafter.

3-4.

Task Forces and Subcommittees. Task forces and subcommittees of the ONVAC may be

created and dissolved when necessary, so long as in accordance with the

Boards, Committees and Commissions law.

(a)

The Chairperson shall be an ex officio member of all task forces

and subcommittees.

(b)

A task force created by the ONVAC shall dissolve upon either a set date

or acceptance of a final report by the ONVAC at its next scheduled monthly

meeting.

(1)

At a minimum, task forces created by the ONVAC must have

mission or goal statements for completion of tasks.

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(2)

3-5.

Quorum.

(a)

Materials generated by the task force shall be forwarded to the

Oneida Business Committee Support Office for proper disposal

within two (2) weeks of dissolution.

All meetings of the ONVAC shall have at least a quorum in attendance,

with quorum being defined as a majority of the current ONVAC

members, one (1) of whom must be the Chairperson or Vice-Chairperson.

(1)

If there are eight (8) or nine (9) ONVAC members a quorum

requires that five (5) are present.

(2)

If there are six (6) or seven (7) ONVAC members a quorum requires

that four (4) are present.

(3)

If there are four (4) or five (5) ONVAC members a quorum requires

that three (3) are present.

(4)

If there are two (2) or three (3) ONVAC members a quorum requires

that two (2) are present.

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

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

authorized to call meetings of the ONVAC to fill the vacancies and to

preside over those meetings for the sole purpose of conducting an election

of new Officers. Under such circumstances, a quorum shall be established

by the attendance of a majority of the current ONVAC members, one of

whom must be the Secretary.

3-6.

Order of Business. The order of business shall be:

(a)

Call to Order/Pledge of Allegiance

(b)

Roll Call

(c)

Approval of Agenda

(d)

Approval of Minutes

(e)

Old Business/Tabled Business

(f)

New Business

(g)

Reports

(1) Veteran Service Officer Report (FYI)

(h)

Public Comment (5-minute limit per speaker per subject)

(i)

Executive Session

(j)

Other Additional Agenda Items and/or Reports by Individual ONVAC

Members

(k)

Roll Call

(l)

Adjournment

3-7.

Voting.

(a)

(b)

Decisions of the ONVAC shall be by majority vote of the members in

attendance at an ONVAC meeting of an established quorum.

Each ONVAC member, including the Chairperson, shall be entitled to one

(1) vote on each matter submitted to a vote of the ONVAC.

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

Committees and Commissions law.

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(1)

The Vice-Chairperson or Secretary shall serve as the Chairperson’s

designee for the responsibility of conducting an e-poll in the absence

or discretion of the Chairperson.

Article IV. Expectations

4-1. Behavior of Members.

(a)

Members of the ONVAC shall present and conduct themselves in a

professional manner when acting in their official capacity as members of

the ONVAC by, among other actions, speaking in a respectful and courteous

manner to ONVAC members, as well as non-members, and dressing in

appropriate attire when attending meetings and/or other ONVAC events.

(b)

No member shall act independently of the ONVAC, on behalf of the

ONVAC, or express and/or represent views of the ONVAC

without its specific approval as established by a majority vote of the

members present at an ONVAC meeting of an established quorum.

(c)

Members shall prepare for and attend all meetings of the ONVAC unless

excused in accordance with these bylaws.

(d)

Members shall comply with these bylaws and all other laws and/or policies

of the Nation.

(e)

Enforcement. Any action by a member contrary to the above shall be

discussed at the next ONVAC regularly scheduled monthly meeting or

emergency meeting and appropriate warnings and/or actions may be taken

by the ONVAC as agreed upon by a majority vote of the ONVAC members

in attendance at the monthly or emergency meeting of an established

quorum, including, but not limited to:

(1)

That the ONVAC may make a recommendation to the Oneida

Business Committee for termination of the member’s appointment

in accordance with the Boards, Committees and Commissions law

or any other law of the Nation governing the termination of

appointed officials.

(2)

That the ONVAC may discipline the member in accordance with

any law of the Nation governing sanctions and penalties for

appointed officials.

4-2.

Prohibition of Violence. ONVAC members are prohibited from participating in or

committing any intentional acts of violence that inflict, attempt to inflict, or

threaten to inflict emotional or bodily harm on another person or damage to

property. No intentional act of violence will be tolerated and/or accepted by

any member of the ONVAC while acting in an official capacity as a member

of the ONVAC.

4-3.

Drug and Alcohol Use. ONVAC members shall not use any alcohol, illegal drugs or legal

drugs, other than as prescribed/directed, while acting in their official

capacity as members of the ONVAC.

4-4.

Social Media. Expectations for use of social media is for official business of the ONVAC

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(a)

(b)

4-5.

While engaged in social media activities, no member shall use

his or her status on the ONVAC for individual gain or purpose.

Members of the ONVAC shall comply with the Oneida Nation’s Social

Media Policy and their oath of office when using social media while acting

on behalf of or as a representative of the ONVAC.

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

governing conflicts of interest.

(a)

Members on the ballot for an Officer position with the ONVAC shall recuse

themselves from voting on the position for which they are running to fill.

Article V. Stipends and Compensation

5-1. Stipends.

ONVAC members shall be eligible for the following stipends as set forth

in and subject to these bylaws, the Boards, Committees and Commissions

law, and resolution BC-05-08-19-B titled, Amending Resolution BC-04-1322 B Boards, Committees and Commissions Law Stipends, as may be

further amended from time-to time-hereafter:

(a)

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

(1)

A quorum was established;

(2)

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

hour; and

(3)

The member collecting the stipend was physically present for the

entire meeting.

(b)

A stipend for attending a duly called joint meeting between the

ONVAC and the Oneida Business Committee, provided that:

(1)

A quorum was established by the ONVAC;

(2)

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

(3)

The ONVAC member collecting the stipend was physically present

for the entire joint meeting.

(c)

For attending a conference or training, provided that:

(1)

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

conference for a full day; and

(2)

The member’s attendance at the training or conference was required

by law, bylaws or resolution.

(d)

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

the Judiciary hearing was required by official subpoena.

(e)

Task force and subcommittee members shall not be eligible for stipends

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

Oneida General Tribal Council.

5-2.

Compensation. Besides travel, per diem and business expense reimbursements authorized

by the Boards, Committees and Commissions law, ONVAC members shall

not be eligible for any other form of compensation for duties/activities

they perform on behalf of the ONVAC.

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Article VI. Records and Reporting

6-1. Agenda Items. Agenda items shall be consistently maintained in the format identified in

Article III, section 3-6 of these bylaws as the Order of Business.

6-2.

Minutes.

(a)

(b)

Meeting minutes of the ONVAC shall be typed in a consistent format

provided by the Oneida Business Committee Support Office to generate the

most informative record of all meetings of the ONVAC.

The minutes shall provide a summary of the action(s) taken by the

ONVAC during the meeting that includes the decision, any motions and/or

amendments, the vote and any other pertinent information that would lend

to the record.

Minutes shall be submitted to the Oneida Business Committee Support

Office within thirty (30) days of their approval by the ONVAC.

6-3.

Attachments. All meeting handouts, reports, memorandum, and the like shall be attached

to the minutes and agenda to be maintained as a packet upon submission to

the Oneida Business Committee Support Office.

6-4.

Oneida Business Committee Liaison. All three (3) Officers of the ONVAC shall be made

aware of the need to meet with the Oneida Business Committee member

who is ONVAC’s designated liaison and any and/or all of the Officers may

meet with the liaison on an as-needed basis, the frequency and format of

which may be as agreed upon between the liaison and the Officers so long

as no less than as required by law or policy on reporting developed by the

Oneida Business Committee or Oneida General Tribal Council.

(a)

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

to act as support to the ONVAC.

6-5.

Audio Recordings. All meetings of the ONVAC shall be audio recorded using a recording

device approved of and/or supplied by the Oneida Business Committee

Support Office.

(a)

Audio recordings shall be maintained by the Oneida Business Committee

Support Office in accordance with the Open Records and Open Meetings

law.

(b)

Exception. Audio recordings of executive session portions of a meeting

shall not be recorded.

Article VII. Amendments.

7-1. Amendments. The Veterans Affairs Committee, upon written notice, may at any of its

regular meetings, by a majority vote of the members present at a meeting of

an established quorum, amend or repeal these bylaws, provided that

the amendment or repeal has been submitted in writing at the previous

regular meeting.

(a)

Any amendments to these bylaws shall conform to the requirements of the

Boards, Committees and Commissions law and any other policy of the

Nation.

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510

(b)

(c)

All amendments and/or repeals of these bylaws shall be approved by the

Oneida Business Committee prior to implementation.

These bylaws shall be reviewed on an annual basis.

511

512

______________________________________________________________________________

513

514

515

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

at a duly called meeting held on this _______ day of _________________ 2023, by the Secretary

of the Oneida Business Committee’s signature.

516

517

518

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522

_______________________________________

Lisa Liggins, Tribal Secretary

Oneida Business Committee

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Analysis to

Proposed ONVAC Bylaw Amendments Draft 1

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Oneida Nation Veterans Affairs Committee Bylaws

Amendments Legislative Analysis

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Legislative

Reference Office

Complies with

Boards,

Committees and

Commissions Law

Intent of the

Bylaws

Purpose

Related Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

SPONSOR:

Jennifer Webster

DRAFTER:

Grace Elliott

These amendments comply with all requirements established by the Boards,

Committees and Commissions law. [1 O.C. 107] Additional information and

requirements included in these bylaws beyond what is required in the Boards,

Committees and Commissions law is not prohibited [1 O.C. 105.10].

The bylaws provide a framework for the operation and management of the Oneida

Nation Veterans Affairs Committee (ONVAC) to govern the standard procedures

regarding the way the committee conducts its affairs, including: the appointment of

persons to the committee, the membership qualifications, duties and responsibilities

of both members and officers, terms and filling vacancies of members, selection of

officers, establishment of expectations of members, maintenance of official records,

stipends, termination process, required training and how the bylaws are amended.

It is the purpose of the ONVAC to serve as an advisory body to the Oneida Veterans

Service Office in all matters related to Oneida Nation veteran's rights and benefits

and veteran’s affairs issues, and to protect the honor and integrity of the Oneida

Nation and all veterans who served honorably in the United States Armed Forces.

The ONVAC provides advice and constructive input to the Veterans Service Office

Director on all veterans' affairs issues to assist the office with formulating veteran

services and programs for the Oneida Veterans. The ONVAC coordinates veteran

events with the assistance of the Veterans Service Office and other organized

groups that are representatives of Oneida Veterans and the Oneida Nation.

Oneida Nation Constitution; Boards, Committees and Commissions law; Travel

and Expense Policy; Conflict of Interest law; Social Media Policy; Computer

Resources Ordinance; Open Records and Open Meetings law.

An ONVAC member is appointed to serve at the discretion of the Oneida Business

Committee (OBC). Upon the recommendation of a member of the OBC or by

majority vote of the ONVAC, a member of the ONVAC may have his or her

appointment terminated by the OBC. A two-thirds majority vote of the OBC is

required to terminate the appointment of an individual. The OBC’s decision to

terminate an appointment is final and not subject to appeal [1 O.C. 105-7.4].

Public meetings are not required for bylaws.

A fiscal impact statement is not required for bylaws.

SECTION 2. BACKGROUND

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Analysis to

Proposed ONVAC Bylaw Amendments Draft 1

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A. The ONVAC was created by motion of the Oneida Business Committee (OBC) on January 12, 1994,

and by adoption of the bylaws on October 29, 1997, which were amended on February 13, 2013, and

September 25, 2019.

B. The ONVAC bylaw amendments were added to the Active Files List on February 16, 2022, at the

request of the Oneida Nation Veterans Affairs Committee (ONVAC), for the purpose of

revising membership qualifications. This item was carried over from last term with Jennifer

Webster as the sponsor.

SECTION 3. COMPLIANCE WITH THE BOARDS, COMMITTEES AND COMMISSIONS LAW

A. The bylaws comply with the Boards, Committees and Commissions law.

SECTION 4. AMENDMENTS

This section details the changes to the bylaws from the previously adopted bylaws.

A. ARTICLE I. AUTHORITY

a. The number of members was amended from “nine (9) appointed members” to “up to nine

(9) appointed members.” [Current Bylaws 1-5(a)], [Proposed Bylaws 1-5(a)]. This

amendment reflects the reality that there are often less than nine (9) members appointed to

the committee.

b. A provision was added to explicitly allow the ONVAC Chairperson to consult with the

ONVAC regarding applicants during executive session prior to submitting

recommendations for consideration to the OBC. [Proposed Bylaws (1-5(c)(1)(A)]. This

addition aligns with the Boards Committees and Commissions law which authorizes the

Chairperson to review applications and make recommendations to the Oneida Business

Committee. [1 O.C. 105.7-1(b)(1)]. The provision delegating discussion on applicants to

executive section also complies with the Open Records and Open Meeting law which

allows for discussions relating to personnel matters to be conducted during closed or

executive sessions. [1 O.C. 107.17-1.].

c. The Qualifications of Members section has been amended to delete that one must have

“served as a member of the Selected Reserve and completed at least six (6) years in the

Reserves or National Guard or was discharged early because of a service connected

disability” in addition to meeting several other qualifications. [Current Bylaws 1-5. (d)(4)].

The Qualification of Members section has been amended to include “Have served as a

member of the Selected Reserve and completed at least six (6) years in the Reserves or

National Guard or was discharged early because of a service connected disability” as an

alternative requirement for service rather than a stand-alone requirement. [Proposed

Bylaws 1-5(d)(3)]. The purpose of this amendment is to open ONVAC membership up to

allow a greater number of veterans to meet the ONVAC membership requirements.

d. The requirement that to avoid an unexcused absence, an ONVAC member must notify an

ONVAC Officer of their absence in writing at least thirty (30) minutes prior to a meeting

has been deleted. [Current Bylaws 1-6(a)(2)(A)]. An unexcused absence may now be

avoided by providing notice to an ONVAC Officer in any manner, and at any time, prior

to the meeting. [Proposed Bylaws 1-6(a)(2)(A)]. This amendment has been made to allow

for greater flexibility as to, when and how, ONVAC members provide notice that they will

be unable to attend a meeting.

e. The title of “Board Officer” has been deleted and replaced with the more precise

identification of “ONVAC Officer” [Proposed Bylaws 1-6(a)(2)(A)].

Page 2 of 5

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Analysis to

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B. ARTICLE II. OFFICERS AND ADMINISTRATIVE SUPPORT

a. A provision was added to the responsibilities of the Secretary to include serving as the

designee for the responsibility of conducting an e-poll in the absence of the Chairperson or

Vice-Chairperson. [Proposed Bylaws 2-4(f)]. This allows the ONVAC greater flexibility

in conducting e-polls. This additional responsibility complies with the Boards Committees

and Commissions law which authorizes the Chairperson’s designee to conduct an e-poll.

[1 O.C. 105.11-2].

C. ARTICLE III. MEETINGS

a. A provision has been added to emphasize the confidential nature of some of the matters

discussed by identifying that those discussions may be moved to executive session.

[Proposed Bylaws 3-1(d)]. This amendment recognizes that it is useful to officially

acknowledge certain information as confidential and move the topic to executive session.

This provision is in accord with the Open Records and Open Meetings law which permits

closed or executive sessions when topics relate to personnel matters or other exceptions

listed in section 7.4-1 of Subchapter I of the law. [1 O.C. 107.17-1].

b. The definition of a “quorum” is amended to define a “quorum” as a majority of the current

ONVAC members. This replaces the requirement that at least five (5) members be in

attendance to complete a quorum regardless of how many members are currently serving

on the ONVAC. [Current Bylaws 3-5]. This change supports the ability to conduct business

and reflects the fact that the number that comprises a majority changes as the number of

members on the ONVAC changes. [Proposed Bylaws 3-5].

c. The current language defining a quorum as requiring “five (5) ONVAC members, one (1)

of which is an ONVAC Officer; provided the Secretary may only complete a quorum for

meetings called pursuant to section 2-4(a) of these bylaws” is deleted and replaced to

enhance clarity. [Current Bylaws 3-5]. A provision is added to clarify that the Secretary

may call a meeting when both the Chairperson and Vice-Chairperson positions are vacant

for the purpose of conducting a vote to elect a Chairperson and Vice-Chairperson.

[Proposed Bylaws 3-5(a)].

d. The requirement that a quorum be established at least five (5) minutes prior to the

scheduled meeting time is deleted to allow for greater flexibility when calling a meeting to

order. [Current Bylaws 3-5(a)]. This deletion supports ONVAC’s ability to conduct

business by removing the arbitrary requirement that a quorum be established at least five

(5) minutes before the scheduled meeting time.

e. The requirement that a meeting must be rescheduled in the event that it is canceled due to

a failure to establish a quorum is deleted. [Current Bylaws 3-5(a)(1)]. This deletion allows

ONVAC to evaluate whether a meeting requires rescheduling on a case by case basis,

thereby allowing ONVAC to utilize resources more efficiently.

f. The Order of Business is amended to delete “Opening Ceremony” from the call-to-order.

[Proposed Bylaws 3-6(a)]. A provision is added to include the Pledge of Allegiance in the

call-to-order. [Proposed Bylaws 3-6(a)]. The ONVAC prefers to utilize the Pledge of

Allegiance to call their meetings to order instead of utilizing an Opening Ceremony.

g. A provision is added to include a Roll Call on the agenda at both the beginning and the

conclusion of the meeting. [Proposed Bylaws 3-6(b) and (k)]. This addition complies with

the Boards Committees and Commissions law requirement that an entity must demonstrate

the presence of its members during a meeting by taking a Roll Call at both the beginning

and the conclusion of a meeting. [1O.C. 105.13-4(b)].

h. The “Task Force and Subcommittee Reports or Reports by Invited Guests” is deleted from

the agenda. [Current Bylaws 3-6(d)]. A provision is made to add Reports to the agenda.

[Proposed Bylaws 3-6(g)]. The Task Force and Subcommittee Reports or Reports by

Page 3 of 5

38 of 49

Analysis to

Proposed ONVAC Bylaw Amendments Draft 1

2024 04 03

Invited Guests agenda item was rarely used and if such subject matter is to be included on

an agenda it can appropriately fit under the more broadly applicable proposed Reports item.

[Current Bylaws 3-6(d)], [Proposed Bylaws 3-6(g)].

i. The Veteran Service Officer Report (FYI) is deleted as a standalone agenda item. [Current

Bylaws 3-6(d)]. The Veteran Service Officer Report (FYI) is reintroduced under the

proposed Report section of the agenda. [Proposed Bylaws 3-6(g)(1)]. The general proposed

Reports item is an appropriate agenda item to place the more specific and deleted Veteran

Service Officer Report (FYI) under when requested.

j. The voting section has been amended to delete the specific reference to the number of nine

(9) ONVAC members and amended to read without reference to a number of ONVAC

members. [Current Bylaws 3-7(a)], [Proposed Bylaws 3-7(a)]. This deletion more

accurately reflects the reality that there may be less than nine (9) ONVAC members serving

on the ONVAC at any given time.

k. The Secretary has been added as a potential designee of the Chairperson for the

responsibility of conducting an e-poll in the absence of the Chairperson. This is in accord

with the amended duties of the Secretary noted earlier. E-polls are permissible with the

Secretary as the designee responsible for conducting an e-poll in the absence or discretion

of the Chairperson and must be conducted in accordance with the Boards, Committees and

Commissions law. [1 O.C. 105.10-3(c)(6)(C) and (D) and 105.11-2], [Proposed Bylaws

3-7(b)(1)].

SECTION 5. LEGISLATION RELATED TO BOARDS, COMMITTEES AND COMMISSIONS

There are no conflicts between these bylaws and the Oneida Code of Laws. Below is a detailed list of

laws that establish requirements related to boards, committees and commissions generally.

A. Oneida Nation Constitution. The Constitution of the Oneida Nation contains a provision that allows

for the creation of committees for the proper conduct of tribal business of the Nation [Oneida

Nation Constitution, Article IV, Section 1(g)]. There are no conflicts between these bylaws and the

Oneida Nation Constitution.

B. Boards, Committees and Commissions [1 O.C. 105]. This law establishes all requirements related

to elected and appointed boards, committees and commissions of the Nation; excluding the Oneida

Business Committee or standing committees of the Oneida Business Committee and the Nation’s

corporations. The law governs the procedures regarding the appointment and election of persons

to boards, committees and commissions, creation of bylaws, maintenance of official records,

compensation, and other items related to boards, committees and commissions. The requirements

for the ONVAC bylaws are contained in this law as well as a requirement that all existing entities

of the Nation comply with the format detailed in the law [1 O.C. 105.10]. These proposed bylaws

comply and there are no conflicts with the Boards, Committees and Commissions law.

C. Social Media Policy [2 O.C. 218]. This law applies to the ONVAC and regulates the Nation’s

social media accounts including how content is managed and who has authority to post on social

media on behalf of the Nation. Boards, committees and commissions must register social media

accounts with the Nation’s Secretary’s Office to include specific information related to access to

the account, acknowledgment and compliance with the Computer Resources Ordinance and this

policy, use a Nation issued email address, and ensure all content complies with all applicable laws

of the Nation, state or federal laws. The bylaws identify that the ONVAC must comply with the

Social Media Policy in accordance with the Boards, Committees and Commissions law [1 O.C.

105.10-3(d)(4) and [Current Bylaws 4.4(a) and (b)]. The proposed bylaws comply and there are

no conflicts with the Social Media Policy.

Page 4 of 5

39 of 49

Analysis to

Proposed ONVAC Bylaw Amendments Draft 1

2024 04 03

D. Open Records and Open Meetings [1 O.C. 107]. The ONVAC must comply with the Open Records

and Open Meetings law. This law details how records must be maintained and made available to

the public and that meetings are open to the public unless specific criteria are met which allow the

meetings to be closed [1 O.C. 107.15 and 107.17]. The ONVAC meetings are open to the public

except portions that meet the exceptions in this law related to personnel matters or contracts that

are being discussed and deemed confidential in accordance with this law [1 O.C. 107.12-2 and

107.17]. The proposed bylaws comply and there are no conflicts with the Open Records and Open

Meetings law.

Page 5 of 5

40 of 49

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida•nsn,gov

~

ONEIDA

AGENDA REQUEST FORM

1) Request Date: _0_3_/2_1_/2_0_2_4_ _ _ _ _ _ _ _ _ _ _ _ __

2) Contact Person(s): _L_a_w_r_e_n_c_e_B_a_rt_o_n________

Dept: Treasurer

Phone Number: _ _ _ _ _ _ _ _ _ Email: lbarton2@oneidanation.org

3) Agenda Title: General Welfare Exclusion Title 10 Chapter GTC Government Participation

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

.See attached.

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

1) _ _ _ _ _ _ _ _ _ _ __

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

2) _ _ _ _ _ _ _ _ __

4) _ _ _ _ _ _ _ _ __

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

Chapter111 GTCMeetingStipendPaymentPolicyandChapter1 0GWE

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

7) Do you consider this request urgent?

li]Yes

□ 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.

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

A good mind. A good hearl. A strong fire.

41 of 49

Oneida Nation

Oneida Business Committee

ro Box 365 • Oneida, WI 54155-0365

onclda-nsn.gov

ONEIDA

Memorandum

To:

Legislative Operating Committee

From:

Larry Barton, Treasurer

Date:

March 26, 2024

Re:

Chapter 11 GTC Meeting Stipend Payment Policy and Chapter 10

GWE

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

before the LOC:

Request LOC to draft a new Chapter in Title 10 to add a chapter for the General

Tribal Council Meeting participation under Rev Proc 2014-35 Section 5.2.(d} Other

Qualifying Assistance programs (i) Pay expenses including but not limited to

admission fees, transportation, food and lodging to attend or participate in Tribe's

cultural, social, religious, or community activities and (v) Pay transportation costs

and admission fees to attend educational, social, or cultural programs offered or

supported by the Tribe or another Tribe.

Page 1 of 1

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

42 of 49

Title 10. General Welfare Exclusion - Chapter 1001

ONEIDA GENERAL WELFARE

100 I. I. Pmpose and Policy

I 001.2. Adoption, Amendment, Repeal

1001.3. Definitions

1001.4. General Welfare Assistance

1001.5. Approved Program Guidelines

I 001.6. Non-Recourse Designation

1001.7. Governing Law; Sovereignty

1001.8. Federal Trnst Obligations

1001.1. Purpose and Policy

1001.1-1. Pwpose. 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 of Indian 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.

§ 139E, and applicable Internal Revenue Service regulations orrevenue procedures including I.R.S.

Rev. Proc. 2014-35. Further, 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-12-08-21A.

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 portions.

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

43 of 49

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

1001.4-1. 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.RS. 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

44 of 49

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 constrned 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.

1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members

of the Nation. Each approved program shall set forth any specific eligibility rnles 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

45 of 49

law. Approved programs may also be funded through third-party funding if available.

1001.5-4. Use ofAssistance. All assistance provided through an approved program shall be used

for the purpose stated in the approved program description. If assistance is used or pledged for a

purpose inconsistent with the purpose set forth in an approved program the payment shall be

deemed forfeited. The Nation may secure repayment from any recipient who forfeited their

assistance.

1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall

not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,

attachment or garnishment by creditors of the member.

1001.6. Non-Recourse Designation

1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated

as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or

right to any funds budgeted for, or set aside for, approved programs until paid.

1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke

any benefit.

1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines

of "constructive receipt" or "economic benefit."

1001.7. Governing Law; Sovereignty

1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance

made hereunder, shall be construed and enforced according to the Nation's laws and applicable

federal law. Nothing in this law or the related laws, policies, or procedures adopted for its

implementation, if any, shall be construed to make applicable to the Nation any laws or regulations

which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption

because of its sovereign status.

1001.8. Federal Trust Obligations

1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal

funding is insufficient to operate federal programs designed to benefit applicants and when federal

funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation's

adoption of its approved programs is not intended to relieve or diminish the federal government of

its funding and trust responsibilities. Nothing herein shall waive the Nation's right to seek funding

shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled

to govemment-to-government consultation and coordination with the federal government

regarding these obligations.

End.

Emergency Adopted - BC-08-12-20-D

Emergency Amended- BC-02-10-21-B

Emergency Extended- BC-07-28-21-M

Adopted - BC-12-08-21-A

10 O.C. 1001 -Page 4

46 of 49

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

000000

ONEIDA

AGENDA REQUEST FORM

March 27, 2024

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Reference Office (LRO)

Dept:____________________________

(920) 869-4417

cleeman@oneidanation .org

Phone Number:_________________________

Email: __________________________________

Petition C. Kestell: Address Housing lssuesNeterans Home Loan Program

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

On 3/27/24 the OBC acknowledged receipt of the Petition C. Kestell:

Address Housing lssuesNeterans Home Loan Program and directed the

_______________________________________________________________________________

LRO to complete a statement of effect with status updates to be

submitted for the 4/24/24 OBC meeting agenda.

_______________________________________________________________________________

_______________________________________________________________________________

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

For materials please see members only website.

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

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

Budget and Finances law; Leasing law; Mortgage and Foreclosure law; Administrative Rulemaking law

_______________________________________________________________________________

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

______________________________________________________________________________

7) Do you consider this request urgent?

Iii Yes

□ No

If yes, please indicate why:

Resolution GTC-01-21-19-A requires all petitions be presented to GTC within 180 days of receipt.

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

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.

47 of 49

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

000000

ONEIDA

AGENDA REQUEST FORM

March 29, 2024

1) Request Date: _____________________________________________________

Clorissa N. Leeman

2) Contact Person(s): ______________________________________

Legislative Operating Committee

Dept:____________________________

(920) 869-4417

cleeman@oneidanation .org

Phone Number:_________________________

Email: __________________________________

Renewable Energy Law

3) Agenda Title:___________________________________________________________________

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

_______________________________________________________________________________

LOC Chair Jameson Wilson has requested the development of a

Renewable Energy law. This law could govern how the Nation assesses

_______________________________________________________________________________

when & how to use renewable energy and regulate its use, create a

Renewable Energy fund, and create a Tribal Coalition for advocacy.

_______________________________________________________________________________

_______________________________________________________________________________

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

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

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

_______________________________________________________________________________

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

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

□ No

If yes, please indicate why:

________________________________________________________________

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

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

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.

HANDOUT

48 of 49

LEGISLATIVE OPERATING COMMITTEE

COMMUNITY

MEETING

♦♦♦♦♦♦

Please join the Legislative Operating

Committee (LOC) for a community meeting to

gather input regarding the development or amendment

of laws for the Nation:

♦ Hunting, Fishing and Trapping Law Amendments

♦ Guardianship Law

The LOC will have a brief overview of the legislative process prior to the discussion of the above mentioned topics.

The LOC encourages everyone to come participate in the legislative process by providing comments, suggestions,

and questions that the LOC can consider and utilize in the development or amendment of laws for the Nation.

LOC members will provide food during this community event. Community members are welcome to bring a dish to pass.

♦♦♦♦♦♦

LEGISLATIVE OPERATING COMMITTEE MEMBERS

Jameson Wilson

Kirby Metoxen

LOC Chairman

LOC Vice Chairman

Jennifer Webster Marlon Skenandore

LOC Member

LOC Member

Jonas Hill

LOC Member

49 of 49

April 2024

April 2024

May 2024

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

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

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

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Apr 1

2

3

4

5

12:00pm LOC Community

Work Session: Eviction

and Termination Law

Amendments

12:00pm LOC Community

Work Session: Eviction

and Termination Law

Amendments

8:30am LOC Prep

Meeting (Microsoft

Teams Meeting;

9:00am Legislative

Operating Committee

Meeting (Microsoft

1:30pm LOC Work

Session (Microsoft

9

10

11

12

8

12:15pm PUBLIC

MEETING: Back Pay

Law Amendments

(Microsoft Teams

Meeting;

BC_Conf_Room) - LOC

15

16

17

18

19

2:30pm Guardianship Law

Review (Microsoft

Teams Meeting) Grace L. Elliott

8:30am LOC Prep

Meeting (Microsoft

Teams Meeting;

9:00am Legislative

Operating Committee

Meeting (Microsoft

1:30pm LOC Work

Session (Microsoft

22

23

24

25

26

29

30

May 1

2

3

8:30am Investigative

Leave law (Microsoft

Teams Meeting) Grace L. Elliott

LOC

1

3/29/2024 9:10 AM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Oneida Business Committee (2024) | Frix