Oneida Business Committee (2020)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

December 16, 2020

9:00 a.m.

This Legislative Operating Committee meeting will be closed to the public due to the Public Health State

of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording

of the meeting will be made available on the Nation’s website.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. December 2, 2020 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Community Support Fund Law Amendments (pg. 4)

2. Emergency Management and Homeland Security Law Amendments (pg. 29)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

December 2, 2020

9:00 a.m.

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

Excused: Marie Summers

Others Present: Kristen M. Hooker, Aliskwet Ellis, Rhiannon Metoxen, Kristal Hill, Ralinda

Ninham-Lamberies

Call to Order and Approval of the Agenda

David Jordan called the December 2, 2020, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Kirby Metoxen to adopt the agenda; seconded by Jennifer Webster. Motion

carried unanimously.

II.

Minutes to be Approved

1. November 4, 2020 LOC Meeting Minutes

Motion by Jennifer Webster to approve the November 4, 2020 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Daniel Guzman King; abstention

by Kirby Metoxen. Motion carried.

III.

Current Business

1. Industrial Hemp Law

Motion by Daniel Guzman King to approve the Industrial Hemp law adoption packet and

forward to the Oneida Business Committee for consideration; seconded by Jennifer

Webster. Motion carried unanimously.

Motion by Jennifer Webster to approve the resolution titled, “Proclamation of

Appreciation” and forward to the Oneida Business Committee for consideration; seconded

by Daniel Guzman King. Motion carried unanimously.

2. Community Support Fund Law Amendments

Motion by Jennifer Webster to accept the Community Support Fund law amendments draft

and legislative analysis, and defer to a work meeting for further consideration; seconded

by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

1. Nuisance Law

Motion by Daniel Guzman King to deny the request to add the Nuisance Law to the Active

Files List and to defer discussion to a LOC work meeting, inviting all relevant parties;

seconded by Kirby Metoxen. Motion carried unanimously.

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

Legislative Operating Committee Meeting Minutes of December 2, 2020

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ONEIDA

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2. Oneida Nation Gaming Ordinance Amendments

Motion by Jennifer Webster to add the Oneida Nation Gaming Ordinance Amendments to

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

Motion carried unanimously.

Additions

VI.

Administrative Items

1. E-Poll Results: Approval of the Pandemic Relief Assistance Law Emergency

Adoption Packet

Motion by Jennifer Webster to enter into the record the results of the November 23, 2020,

e-poll titled, “Approval of the Pandemic Relief Assistance Law Emergency Adoption

Packet”; seconded by Kirby Metoxen. Motion carried unanimously.

2. E-Poll Results: Approval of the Budget Management and Control Law

Emergency Amendments Adoption Packet

Motion by Kirby Metoxen to enter into the record the results of the November 24, 2020, epoll titled, “Approval of the Budget Management and Control Law Emergency

Amendments Adoption Packet”; seconded by Jennifer Webster. Motion carried

unanimously.

3. Active Files List Sixty Day Update

Motion by Jennifer Webster to accept the memo titled, “Active Files List Sixty Day

Review” and continue the development of the thirty-four legislative items currently on the

Active Files List; seconded by Daniel Guzman King. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn at 9:24 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of December 2, 2020

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

December 16, 2020

Community Support Fund Law

Amendments

Submission Date: 10/7/20

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On September 2, 20210, the Governmental Services Division Director, on behalf of Economic

Support, submitted a request for amendments to be made to the Community Support Fund law to take the

requirement for income verification out of the Law, since none of the Community Support Fund Law Rules

review income as a basis for program eligibility. The request also identified various potential amendments to

the Community Support Fund Law Rule Handbook.

10/7/20 LOC: Motion by Jennifer Webster to add the Community Support Fund Law Amendments to the

Active Files List with David Jordan as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

10/15/20:

Work Meeting. Present: Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret Kruse.

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

was to read through the Community Support Fund law line by line and discuss any potential

amendments that should be made to the law. The Administrative Rulemaking process was also

discussed since the Economic Support Department will also be seeking amendments to the

Community Support Fund Law Rule Handbook.

10/21/20:

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

Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a

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

the draft of suggested amendments by the Economic Support Department.

10/29/20:

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

Guzman King, Marie Summers, Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret

Kruse, Kristen Hooker, Rhiannon Metoxen, Kristal Hill, James Petitjean. This was a work

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

Economic Support issues that the LOC determined during the October 21, 2020, work meeting

that they wanted more information and clarity on.

12/2/20 LOC: Motion by Jennifer Webster to accept the Community Support Fund law amendments draft

and legislative analysis, and defer to a work meeting for further consideration; seconded by

Daniel Guzman King. Motion carried unanimously.

12/2/20:

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

Marie Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This

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

answer any questions the LOC may have had regarding the proposed amendments and

legislative analysis since the drafting attorney was unable to attend the LOC meeting due to

quarantine.

Next Steps:

 Approve Community Support Fund law amendments public comment period packet and forward the

Community Support Fund law amendments to a public comment period to be held open until January

13, 2021.

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

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ONEIDA

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ONEIDA NATION

PUBLIC COMMENT PERIOD NOTICE

Due to the COVID-19 Public Health Emergency

Only Written Comments Will Be Accepted Until:

WEDNESDAY January 13, 2021

Find Public Meeting Materials at

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

Send Public Comments to

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

COMMUNITY SUPPORT FUND LAW

AMENDMENTS

The purpose of this law is to assist the greatest number of members of the Nation who apply

for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or

emergency event when no other resources for assistance exist.

The Community Support Fund law amendments will:

1. Remove the requirement that security deposit assistance only be available to those members of the Nation who are Wisconsin residents;

2. Remove the requirement that funeral travel expenses is only provided to arrange or attend a

funeral for immediate family members outside the state where the applicant resides;

3. Remove the requirement that an applicant provide all household income the last thirty (30)

business days immediately prior to the submission of the application; and

4. Expand the time period for an applicant to submit an application from thirty (30) days to

forty-five (45) days.

For more proposed amendments to the Community Support Fund law please review the public

comment packet at Oneida-nsn.gov/government/register/public meetings.

PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, JANUARY 13, 2021

The Nation’s COVID-19 Team issued a declaration on March 27, 2020, titled “Suspension of Public Meetings

under the Legislative Procedures Act.” This declaration provides that the Legislative Procedures Act’s requirement to hold a public meeting during the public comment period is suspended due to the COVID-19 public health emergency. Although there will be no public meeting, the public comment period will still occur,

and individuals can participate in the legislative process by submitting written comments, questions, or other

input via e-mail to LOC@oneidanation.org.

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AMENDMENTS TO THE

COMMUNITY SUPPORT FUND LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed

Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Include a definition for Fund Operator, which is the Economic Support Services

Department, or other area within the Governmental Services Division designated

authority over the operation of the Fund;

 Revise the definition of “immediate family” to better reflect Oneida families;

 Include a definition for a public health emergency;

 Include public health emergency as a catastrophic event, catastrophic illness or

injury, or emergency event that qualifies an applicant for assistance from the

Fund;

 Clarify that the Fund may only be used for the waiting period for a Social Security

Disability Determination rent and utility assistance up to a maximum of twelve

(12) months;

 Remove the requirement that security deposit assistance only be available to those

members of the Nation who are Wisconsin residents;

 Remove the requirement that the amount paid for a security deposit be paid back

to the Fund before another security deposit is issued in the future;

 Clarify that an applicant must clarify that he or she applied to his or her local

Emergency Assistance Program prior to applying for utility assistance from the

Fund;

 Remove the requirement that funeral travel expenses are only provided to arrange

or attend a funeral for immediate family members outside the state where the

applicant resides;

 Clarify that lodging assistance due to homelessness or for any other reason not

related to a catastrophic event or emergency event, insurance deductibles, and

home renovations not related to handicap accessibility are not covered by the

Fund;

 Remove the requirement that an applicant provide all household income the last

thirty (30) business days immediately prior to the submission of the application;

 Expand the time period for an applicant to submit an application from thirty (30)

days to forty-five (45) days; and

 Adjust the appeal process to reflect reorganization of the Governmental Services

Division.

To assist the greatest number of members of the Nation who apply for assistance to

the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency

event when no other resources for assistance exist. [1 O.C. 125.1-1].

Economic Support Services Department

A public comment period will be held open until January 13, 2021. A public meeting

will not be held in accordance with the Nation’s COVID-19 Core Decision Making

Team’s declaration titled, “Suspension of Public Meetings under the Legislative

Procedures Act.”

A fiscal impact statement has not yet been requested.

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What is the Community Support Fund?

The Community Support Fund is a resource available to members of the Nation which provides financial

assistance when a member of the Nation is experiencing a catastrophic event, catastrophic illness or injury,

or emergency event. Examples of a catastrophic event, catastrophic illness or injury, or emergency event

include:

-Death in the immediate family

-Fire

-Tornado

-Major medical surgery

-Cancer

-Flood

-Injury from motor vehicle accidents -Stroke

-Public Health Emergency

Assistance from the Community Support Fund is only available when there is no other financial assistance

available, or all other assistance has been exhausted. The Community Support Fund is funded through

tribal contribution and has a budget of approximately $350,000. The Community Support Fund can be

used to assist with the following types of expenses:

-Rent or mortgage

-Utility payments

-Medical travel

-Funeral travel

-Prescription reimbursement

-Medical bills

-Dental related expenses

-Optical related expenses

-Inpatient treatment

-Security deposits

-Automobile repairs for medical travel -Utility disconnections

-Family Medical Leave Act -Temporary shelter due to natural -Furnace & water heater

wage replacement

disaster

repair and replacement

-Medical related equipment, -Shelter during a Social Security -COBRA

insurance

supplies, or furniture

Disability Determination

payments

The Community Support Fund Law Rule Handbook provides more information on how a member of the

Nation may qualify for each category of assistance of the Community Support Fund and the maximum

amount of assistance provided for each category of assistance. The Community Support Fund Law Rule

Handbook can be found online in the Oneida Code of Laws.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Community Support Fund law (“the Law”) was first adopted by the Oneida Business

Committee on May 15, 1996, for the purpose of assisting the greatest number of members of the Oneida

Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or

injury, or emergency event when no other resources for assistance exist. [1 O.C. 125.1-1].

B. The Law was most recently amended by the Oneida Business Committee on January 11, 2017, through

the adoption of resolution BC-01-11-17-B.

C. On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic

Support Services Department, submitted a request for the Legislative Operating Committee to consider

amendments to the Law in an effort to expand the assistance available under the Fund to members of

the Nation. The Legislative Operating Committee added the Law to its Active Files List on October 7,

2020.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments of the Nation participated in the development of

amendments to this Law and legislative analysis:

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 Economic Support Services Department.

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

 Administrative Rulemaking law; and

 Rules of Appellate Procedure.

SECTION 4. PROCESS

A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.

 On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic

Support Services Department, submitted a request for the Legislative Operating Committee to

consider amendments to the Law.

 The LOC added the amendments to the Active Files List on October 7, 2020.

 A draft and legislative analysis for the Law was accepted by the LOC on December 2, 2020.

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

regarding the development of these amendments:

 October 15, 2020: Work meeting with Economic Support Services Department.

 October 21, 2020: Work meeting with LOC.

 October 29, 2020: Work meeting with LOC and Economic Support Services Department.

 December 2, 2020: Work meeting with LOC.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China

and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts

including effects on the stock market and the closing of all non-essential businesses. A public meeting

for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the

submission of written comments will still be permitted.

 Declaration of a Public Health State of Emergency.

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

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

of Emergency for the Nation until April 12, 2020, and set into place the necessary authority

for action to be taken and allows the Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until January 12, 2020, by

the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, and BC-12-09-20-D.

 COVID-19 Core Decision Making Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directs that individuals within the

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

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions of the “Safer at Home Declaration,

Amendment, Open for Business” while still providing guidance and some restrictions. This

declaration prohibits all public and private gatherings of more than twenty (20) people that

are not part of a single household or living unit.

 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

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

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

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

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

 Although a public meeting will not be held on the proposed amendments to the Community

Support Fund law, a public comment period will still be held open until January 13, 2021,

in accordance with the Legislative Procedures Act and the COVID-19 Core Decision

Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act”

declaration.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Definition for Immediate Family. The proposed amendments to the Law revise the definition for

“immediate family.” The Law now defines “immediate family” as an applicant’s husband, wife,

mother, father, son, daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew,

cousin, and any of these relations attained through marriage or legal adoption, as well as a person who

has legal responsibility for the applicant, or a person the applicant has legal responsibility of. [1 O.C.

125.3-1(j)]. Previously, “immediate family” was defined as that group of persons who make up a

family unit normally defined as husband, wife, children, sister, brother, in-laws, step family,

grandparents and grandchildren, and/or a person who has legal responsibility for the applicant. The

term “immediate family” is most frequently used in the Law in reference to assistance for funeral travel

expenses.

 Effect. The proposed amendments expand the definition of immediate family to better reflect

familial relationships amongst members of the Nation. The Economic Support Services Department

made the recommendation to expand this definition based on requests for assistance that have been

submitted, in an effort to better meet the needs of members of the Nation.

B. Public Health Emergency as a Qualification for Assistance. The proposed amendments to the Law

now specify that a public health emergency is a type of catastrophic event or catastrophic illness or

injury which qualifies an applicant for assistance. [1 O.C. 125.4-6(f)]. The public health emergency

qualification is in addition to the following types of catastrophic events, and catastrophic illnesses or

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injuries that were previously specified in the Law: terminally ill, physically challenged or incapacitated,

major medical surgery, life threatening, natural disaster, and death in immediate family. [1 O.C. 125.46].

 Effect. The proposed amendment to the Law provides greater clarification that a public health

emergency does qualify as a type of catastrophic event or catastrophic illness or injury a person

may apply for assistance for. During the COVID-19 pandemic the Economic Support Services

Department did view the Nation’s declaration of a Public Health State of Emergency as an

emergency event that would qualify a person for assistance, but requested that the Law be clarified

to specify this.

C. Utility and Rent Assistance during Waiting Period for a Social Security Disability Determination.

The proposed amendments to the Law limit rent and utility assistance from the Fund during a waiting

period for a Social Security Disability Determination to a maximum period of twelve (12) months. [1

O.C. 125.6-1(l)]. Previously, the Law provided no limitation on how long a person may receive rent

and utility assistance during the waiting period for a Social Security Disability Determination.

 Effect. Due to the fact that the Fund is funded entirely by tribal contribution, the proposed

amendment to the Law limits the period of time a person may receive rent and utility assistance

during a waiting period for a Social Security Disability Determination in an effort to preserve the

Fund so assistance can be provided to a greater number of applicants.

D. Security Deposit Assistance. The proposed amendments to the Law remove the limitation that security

deposit assistance only be provided to members of the Nation who are residents of Wisconsin only. [1

O.C. 125.6-2]. The proposed amendments also remove the provision which states that security deposits

are non-transferable, and the requirement that the amount paid for a security deposit shall be paid back

to the Fund before another security deposit is issued at any time in the future. [1 O.C. 125.6-2(b)]. The

proposed amendments to the Law also remove the statement that multiple consecutive requests may be

made.

 Effect. The removal of the requirement that security deposit assistance only be provided to

members of the Nation that are residents of Wisconsin greatly expands who may be eligible to

apply for security deposit assistance. It was unknown to the Economic Support Services

Department why security deposit assistance was limited to residents of Wisconsin only, since that

was the only type of limitation that had a residency limitation.

E. Utilities Assistance. The proposed amendments to the Law added a provision which states that an

applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before

applying for assistance from the Fund. [1 O.C. 125.6-3]. Previously, the section of the Law on utilities

assistance did not mention this requirement, although the Law generally provided that applicants shall

first seek out other resources that can meet the needs of their request. [1 O.C. 125.4-5].

 Effect. The inclusion of the statement that an applicant has to demonstrate that he or she applied to

his or her local Energy Assistance Program before applying for the Fund provides further

clarification on how an applicant can meet the Law’s requirement of first seeking out other

resources that can meet the needs of their request.

F. Funeral Travel Expenses. The proposed amendments to the Law remove the requirement that

assistance to arrange or attend a funeral for immediate family members is only allowed when the travel

is outside the state where the applicant resides. [1 O.C. 125.6-1(n), 125.6-4].

 Effect. The proposed amendments to the Law expand the availability of assistance for funeral travel

expenses for members of the Nation. Instead of restricting assistance for funeral travel expenses to

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outside the state where the applicant resides, the Economic Support Services Department provided

that the corresponding rule in the Community Support Fund Law Rule Handbook will include

minimum distance requirements that qualify a person for assistance. The Economic Support

Services Department made this recommendation based on the understanding that there may be great

distances within the state the applicant resides that would prevent the applicant from attending or

arranging a funeral if the applicant did not have access to assistance.

G. Items not Covered by the Fund. The proposed amendments to the Law specify additional expenses

that are not eligible for assistance from the Fund. [1 O.C. 125.7-1]. The proposed amendments to the

Law provide that lodging assistance due to homelessness or for any other reason not related to a

catastrophic event or emergency event, insurance deductibles, and home renovations not related to

handicap accessibility are not covered by the Fund. [1 O.C. 125.7-1(h)(l)(m)].

 Effect. The proposed amendments to the Law provide further clarification as to different expenses

that will not be eligible for assistance from the Fund. The Economic Support Services Department

requested that extra clarification be provided on expenses included in the proposed amendments

because they receive frequent requests for assistance for these expenses which are denied for not

meeting the qualifications for assistance from the Fund.

H. Verification of Household Income. The proposed amendments to the Law remove the requirement

that an applicant provide verification of all household income the last thirty (30) business days

immediately prior to the submission of the application. [1 O.C. 125.8-2].

 Effect. The proposed amendments to the Law remove the requirement to provide verification of all

household income because the Economic Support Services Department determined it was

unnecessary to require this information when there are no income requirements to qualify an

applicant for assistance from the Fund.

I. Time Period for Submission of Applications. The proposed amendments to the Law extend the time

period to submit an application for assistance to forty-five (45) days after a catastrophic event,

catastrophic illness or injury, or emergency event. [1 O.C. 125.8-5]. Previously, the Law required that

all applications for assistance be submitted within thirty (30) business days of a catastrophic event,

catastrophic illness or injury, or emergency event.

 Effect. The time period to submit an application for assistance from the Fund was extended an

additional fifteen (15) business days by the proposed amendments to the Law. The Legislative

Operating Committee proposed this amendment to the Law based on the understanding that when

a person is experiencing a catastrophic event, catastrophic illness or injury, or emergency event it

may be more difficult for the person to collect the necessary supporting documentation and submit

an application. The Legislative Operating Committee wanted to ensure that the Law provides grace

and flexibility to an applicant as they navigate through the catastrophic event, catastrophic illness

or injury, or emergency event.

J. Appeals. The proposed amendments to the Law adjust the appeal process to reflect the reorganization

of the Governmental Services Division. The Law provides that a person may appeal the decision of the

case manager to the director of the Fund Operator. [1 O.C. 125.9-2]. A person may then appeal the

decision of the Fund Operator to the Governmental Services Division Director. [1 O.C. 125.9-3]. And

a person then may further appeal the decision of the Governmental Services Division Director by filing

a complaint with the Trial Court. [1 O.C. 125.9-4]. Previously, the Law provided that an appeal of the

case manager’s decision could be made to the Program Director, which is the same at the Director of

the Fund Operator. An appeal of the Program Director’s decision could then be made to the Area

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Manager. And then an appeal of the Area Manager’s decision could be made to the Oneida Court of

Appeals.

 Effect. The proposed amendments to the Law amend the appeal process in two (2) ways. First, an

appeal of the Director of the Fund Operator’s decision can now be made to the Governmental

Services Division Director instead of the Area Manager as formally drafted because the

Governmental Services Division has been reorganized since the onset of the COVID-19 pandemic

and no longer has Area Managers. Second, an appeal of the Governmental Services Division

Director’s decision can be made by filing a complaint with the Trial Court. Previously, appeals

were made directly to the Oneida Court of Appeals. The Rules of Appellate Procedure provide that

any party to a civil action, who is aggrieved by a final judgment or order of the Trial Court or

original hearing body, may appeal to the Court of Appeals. [8 O.C. 805.5-1]. An original hearing

body is defined as the administrative agency decision-making panel which heard a contested case

under the Administrative Procedures Act, or similar law, and from which appeal is permitted by

law. [8 O.C. 805.3-1(s)]. Although the Law previously permitted appeals of the Area Manager to

be made directly to the Court of Appeals, the Area Manager was not an administrative agency

decision making panel which heard contested cases under the Administrative Procedures Act or

similar law, and therefore it is more appropriate for the appeal to be filed as a complaint with the

Trial Court instead of directly to the Court of Appeals.

K. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the

Law for clarity.

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SECTION 6. EXISTING LEGISLATION

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SECTION 7. OTHER CONSIDERATIONS

A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:

 Administrative Rulemaking law. The Administrative Rulemaking law provides a process for the

adoption and amendments of administrative rules. [1 O.C. 106.1-1].

 This Law provides that the Fund Operator shall promulgate rules for the administration of

the Fund which shall include the list of categories the Fund covers and a cap that sets the

amount of assistance per event/per household, except for funeral expenses which shall be set

per event/per person. [1 O.C. 125.4-1(a)(1)].

 This Law provides that the rules promulgated by the Fund Operator may include additional

items not listed in section 125.6 of the Law, as long as the rule does not conflict with any

provision of the Law. [1 O.C. 125.4-1(a)(2)].

A. Community Support Fund Law Rule Handbook. The Law requires that the Fund Operator promulgate

rules for the administration of the Fund which shall include the list of categories the Fund covers and a

cap that sets the amount of assistance. [1 O.C. 125.4-1]. After amendments to the Law were adopted

by the Oneida Business Committee through resolution BC-01-11-17-B, the Community Support Fund

Law Rule Handbook was then adopted by the Oneida Business Committee on January 24, 2018. Upon

the adoption of the proposed amendments to the Law the Economic Support Services Department will

need to make amendments to the Community Support Fund Law Rule Handbook in accordance with

the Administrative Rulemaking law. The amendments to the Community Support Fund Law Rule

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Handbook would make revisions necessary to comply with the Law and addresses additional revisions

desired by the Economic Support Services Department.

 Conclusion. It would be best practice for the Legislative Operating Committee to communicate

and work with the Economic Support Services Department to ensure the certification and adoption

of the Community Support Fund Law Rule Handbook amendments can coincide as closely as

possible with the adoption of the amendments to the Community Support Fund law.

B. Use of the Community Support Fund. In an effort to provide a better understanding on how the

Community Support Fund is utilized by the membership, the following information was provided by

the Economic Support Services Department which demonstrates how many times a year the category

of the Fund was utilized, as well as the total benefit amount provided for each category of the Fund

from January 1, 2020 until November 1, 2020.

Category of Assistance from

Times

Total Benefit

Community Support Fund

Fund

Amount

Utilized in Utilized in Utilized in

Provided

2018

2019

2020

Appliance Repair/Replacement

$37,851.63

Auto Repairs

$23,285.29

Catastrophic Rent

210

133

$194,499.62

COBRA Insurance Payments

$391.38

Dental Expenses

$6,965.00

Fire Recovery/Natural Disaster

$1,811.64

Funeral Travel

$15,254.49

Home Renovations

$200.00

Inpatient Treatment

$15,735.80

Medical Bill Payments

$115,864.17

Medical Travel

155

$19,046.61

Medical Related Equipment/Service

$21,539.77

Optical Expenses

$2,084.50

Prescriptions

$1,375.60

Security Deposit

$16,630.00

SSD Determination Rent

$68,283.36

SSD Determination Utility

$5,643.56

Utilities

$21,434.57

FMLA Wage Replacement

$14,700.00

*Data provided by the Economic Support Services Department on November 24, 2020.

C. Fiscal Impact. A fiscal impact statement of the proposed amendments to the Law will have to be

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

except emergency legislation. [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,”

provides further clarification on who the Legislative Operating Committee may direct complete a fiscal

impact statement at various stages of the legislative process, as well as timeframes for completing the

fiscal impact statement.

 Conclusion. The Legislative Operating Committee will have to determine which entity is best

suited to complete a fiscal impact statement, and direct that a fiscal impact statement be completed.

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Title 1. Government and Finances – Chapter 125

COMMUNITY SUPPORT FUND

Kaya>takenh@sla tsi> niyukwana=t@y<

It is helpful

where our community lays

COMMUNITY SUPPORT FUND

125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125.5. Priorities for Consideration

125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Decision and Appeal

125.1.

Purpose and Policy

125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

Oneida Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic

illness, or injury, or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the Oneida Nation to assist theirits people in a time of need

after a catastrophic event, catastrophic illness, or injury, or emergency event, when there is no

other assistance available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-505-15-96A and amended by resolutions BC-01-08-97-G, BC-12-111-13-D and, BC-01-11-17-B. and BC__-__-__-__.

125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

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

Act.

125.2-3. 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.

125.2-4. 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.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. 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) “Applicant” means the subject of the application for assistance.

(b) “Business daysday” means Monday through Friday from 8:00 a.m. to 4:30 p.m.,

excluding Nation holidays. of the Nation.

administering Fund benefits.

(d) “Catastrophic event” means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover (i.e. ,

including, but not limited to, a house fire, tornado, flood, or other disaster)..

(e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment,

or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition (such

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as, including, but not limited to, chemotherapy/, radiation, dialysis, and daily/ or

weekly therapy resulting from trauma, etc.); ;

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective (, including, but not limited to, stroke, or terminal

disease, etc.);; or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition. (i.e., including, but not limited to, cancer or

kidney disease)..

(f) “Emergency event” means a situation that poses an immediate risk to health, life,

safety, property, or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) “Emergency medical travel” means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family. (i.e.,, including, but

not limited to, end of life situation, or life support, etc.) .

(h) “Fund” means the Community Support Fund.

(i) “Fund Operator” means the Economic Support Services Department, or other area

within the Governmental Services Division designated authority over the operation of the

Fund.

(j) “Immediate family” means that group of persons who make up a family unit normally

defined as an applicant’s husband, wife, children, sister, mother, father, son, daughter,

brother, in-laws, step family, grandparentssister, grandparent, grandchild, aunt, uncle,

niece, nephew, cousin, and grandchildren, and/or a person any of these relations attained

through marriage or legal adoption, as well as a person who has legal responsibility for the

applicant, or a person the applicant has legal responsibility of.

(jk) “Legal guardian” means a person who has the legal authority to care for the personal

and property interests of another person granted through Court order.

(kl) “Legal responsibility” means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Court order.

(l) m) “Major medical surgery” means a surgical procedure that carries a degree of risk to

the patient’s life, or the potential for severe disability if something goes wrong during

surgery. It is a surgical procedure that usually requires a patient to be put under general

anesthesia and given respiratory assistance because he or she cannot breathe independently.

(mn) “Nation” means the Oneida Nation.

(n(o) “Public health emergency” means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number

of people.

(p) “Rule” means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

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(o) “Tribal” means the Oneida Nation.

(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

125.4.

Responsibilities, Eligibility and Qualifications

125.4-1. The Social Services Area of the Governmental Services Division shall be responsible

for operationResponsibilities of the Fund, but may designate Operator. The Fund Operator shall

have the following responsibilities in regard to the operation of the Fund to :

(a department within its control.

(a)) Administrative Rulemaking. The operators of the Fund Operator shall promulgate

rules, for the administration of the Fund that are consistent with this law. The rules:which:

(1) shall include the list of categories the Fund covers and a cap that sets the

amount of assistance per event/ per household, except for funeral expenses which

shall be set per event/per person.; and

(2) may include additional items not listed in section 125.6, as long as the rule does

not conflict with any provision of this law.

(b)

(b) Communication and Education. The Fund Operator shall ensure that the

Nation’s membership is informed of what assistance is available through the Fund, how to

apply for assistance, and who is eligible for assistance.

125.4-2. Reporting Requirements. The Governmental Services Division Director shall report

quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the

amount of funds paid out under each category of the Fund.

informed of what assistance is available through the Fund, how to apply for assistance, and

who is eligible for assistance.

125.4-23. Eligibility for assistance provided under the Fund is reserved for enrolled members of

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

the Nation, provided the requested funds will benefit the member only and the non-member has

one (1) of the following relationships to the applicant:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

125.4-34. Residency within the state of Wisconsin is not a prerequisite for assistance, except for

requests for a security deposit in accordance with section 125.6-2 from the Fund.

125.4-45. The Fund is a fund of last resort and provides assistance when there is no other financial

assistance available or all other assistance has been exhausted. Applicants shall first seek out other

resources that can meet the needs of their request. Proof of requesting assistance from other

sources shall be provided with the application.

125.4-56. The following types of catastrophic events, and catastrophic illnesses or injuries qualify

an applicant for assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

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(d) Life threatening (i.e., including, but not limited to, cancer, AIDS, stroke, and disabling

injuries due to motor vehicle accident, etc.);;

(e)

Natural disaster (i.e., including, but not limited to, tornado, fire, flood, etc.);;

(f) Public health emergency; and

(fg)Death in immediate family as identified in section 125.6-1(n)..

125.4-67. Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125.4-78. Except as otherwise provided in section 125.6-4, all payments shall be provided directly

to the service provider.

125.4-89. Assistance available under the Fund is subject to change according to fiscal year funding

levels.

125.4-910.

Oneida programs and enterprises are not eligible for these funds.

125.5.

Priorities for Consideration

125.5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of the catastrophic event, catastrophic illness, or injury, or emergency event;

(b) Cost (, usual and customary fees);;

emergency event occurred; and

(d) The Fund’s appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate

needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

125.6.

Items Covered by the Fund

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, catastrophic illness, or injury, or emergency event. Upon verification of a catastrophic

event, catastrophic illness, or injury, or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills (, including dental, optical, and hospital), not covered by insurance;

(f) Mortgage payments and rent payments (including security deposits),, where no other

resources exist in accordance with section 125.6-2;

(g) Utility disconnections in accordance with section 125.6-3;

(h) Inpatient Treatment (, with a limit of once per lifetime);;

(i) Fire recovery/ and natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(l) Waiting period for a Social Security Disability Determination rent and utility assistance

up to a maximum of twelve (12) months;

(m) Appliance repair for essential appliances as defined in the rules which the Fund

operator shall develop; and/or

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(n) Travel expenses to arrange or attend a funeral for immediate family members outside

the state where an applicant resides, in accordance with section 125.6-4.

125.6-2. Security depositDeposit. The Fund shall only provide assistance for a security deposit

when it is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency

event, on an emergency basis which shall include, but is not limited to, pending eviction and

homelessness. Security deposit assistance is limited to Tribal members who are Wisconsin

residents only.

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

(b) Security deposits are non-transferable and the amount paid for a security deposit shall

be paid back to the Fund before another security deposit is issued at any time in the future.

(c(b) Only one (1) request per household shall be considered; multiple consecutive

requests may be made.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company. An applicant shall

demonstrate that he or she applied to his or her local Energy Assistance Program before applying

for assistance from the Fund.

125.6-4. Funeral expensesTravel Expenses. An applicant may receive assistance with travel

expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral

for immediate family members outside the state where the applicant resides.. Unless the rules

allow for direct payment to the travel provider by the Fund Operator, such assistance is required

to be in the form of reimbursement, provided that mileage assistance shall always be in the form

of reimbursement.

125.7.

Items not Covered by the Fund

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

catastrophic illness, or injury, or emergency event as defined above. The following is a list of items

not covered by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(d) Commercial loans;

(e) Defaults/, fines/, or bankruptcy charges;

(f) Expenses not tied to basic needs (such as cable, internet, memberships, etc.);.;

(g) Legal fees/, court costs/, judgments;

(h) Homeless lodging assistance;

(h) Lodging assistance due to homelessness, or for any other reason not related to a

catastrophic event or emergency event;

(i) Health membership fees;

(j) Food and personal care items;

(k) Stabilization rent assistance;

(l) Insurance deductibles;

(m) Home renovations not related to handicap accessibility; and

(ln) Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

1 O.C. 125 – Page 5

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(a) The catastrophic event, catastrophic illness, or injury or emergency event is the result

of a violation of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant’s file.

125.8.

Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the applicant in a timely manner so as to meet the

applicant’s needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

provide all documentation requested by the case manager. No assistance may be provided without

sufficient documentation of:

(a) The catastrophic event, catastrophic illness, or injury, or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

(d) All household income the last thirty (30) business days immediately prior to the

submission of the application; and

(e(d) Status of employment which shall include the following as applicable:

(1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen’s compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a) Medical reports;

(b) Bills or statements;

(d) Letters;

(e) Police or fire reports;

(f) Obituary or formal notice of death;

(g) Check stubs;

(h) Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

(j) Approval of assistance or denial of assistance letters from other agencies.

125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty

(30) business days.

(a) The case manager shall request additional information be provided when an application

contains insufficient information to make an informed decision.

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(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.

result in closing the application file, with no further action taken in regard to that

application.

(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file

being closed.

(e) After the file is closed, the applicant shall start the application process over again in

order to be considered for assistance from the Fund. However, no applicant may re-apply

for the same catastrophic event, catastrophic illness, or injury, or emergency event more

than the limit stated within this law or the Fund’s rules.

125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed

thirty (30forty-five (45) business days of a catastrophic event or , catastrophic illness, or injury, or

emergency event. Applications made after thirty (30forty-five (45) business days shall not be

considered.

125.9.

Decision and Appeal

125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which

an initial decision is required following the submission of a complete application. Such timeline

shall include available extensions for circumstances wherein the applicant has a determination of

award/ or coverage pending with another support/ or assistance resource.

125.9-2. Program Appeal to the Director Appeal.of the Fund Operator. An appeal of the case

manager’s decision shall be requested in writing to the Program Directordirector of the Fund

Operator within ten (10) business days after receipt of notice of the initial decision. Within ten

(10) business days after receiving the appeal, the Program Director The director of the Fund

Operator shall provide the applicant with notice of his or her decision on the matter. within ten

(10) business days after receiving the appeal.

125.9-3. Area Manager Appeal.Appeal to the Governmental Services Division Director. An

appeal of the Program Director’s decision of the director of the Fund Operator shall be requested

in writing to the Area ManagerGovernmental Services Division Director within ten (10) business

days after receipt of notice of the Program Director’sdirector of the Fund Operator’s decision.

Within ten (10) business days after receiving the appeal, the Area ManagerThe Governmental

Services Division Director shall provide the applicant with notice of his or her decision on the

matter. within ten (10) business days after receiving the appeal.

125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Area Manager to

the Oneida Court of Appeals in accordanceGovernmental Services Division Director by filing a

complaint with the Rules of Appellate ProcedureTrial Court.

End.

Adopted - BC-505-15-96-A

Amended - BC-1-801-08-97-G

Amended - BC-12-11-13-D

Amended - BC-01-11-17-B

Amended – BC-__-__-__-__

1 O.C. 125 – Page 7

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Title 1. Government and Finances – Chapter 125

Kaya>takenh@sla tsi> niyukwana=t@y<

It is helpful

where our community lays

COMMUNITY SUPPORT FUND

125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125.5. Priorities for Consideration

125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Decision and Appeal

125.1.

Purpose and Policy

125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness

or injury, or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the Nation to assist its people in a time of need after a

catastrophic event, catastrophic illness or injury, or emergency event, when there is no other

assistance available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D, BC-01-11-17-B and BC-__-____-__.

125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

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

Act.

125.2-3. 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.

125.2-4. 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.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. 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) “Applicant” means the subject of the application for assistance.

(b) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays of the Nation.

administering Fund benefits.

(d) “Catastrophic event” means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover,

including, but not limited to, a house fire, tornado, flood, or other disaster.

(e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment,

or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition,

including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly

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therapy resulting from trauma;

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective, including, but not limited to, stroke or terminal

disease; or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition, including, but not limited to, cancer or kidney

disease.

(f) “Emergency event” means a situation that poses an immediate risk to health, life,

safety, property, or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) “Emergency medical travel” means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family, including, but not

limited to, end of life situation or life support.

(h) “Fund” means the Community Support Fund.

(i) “Fund Operator” means the Economic Support Services Department, or other area

within the Governmental Services Division designated authority over the operation of the

Fund.

(j) “Immediate family” means an applicant’s husband, wife, mother, father, son, daughter,

brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and any of

these relations attained through marriage or legal adoption, as well as a person who has

legal responsibility for the applicant, or a person the applicant has legal responsibility of.

(k) “Legal guardian” means a person who has the legal authority to care for the personal

and property interests of another person granted through Court order.

(l) “Legal responsibility” means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Court order.

(m) “Major medical surgery” means a surgical procedure that carries a degree of risk to the

patient’s life, or the potential for severe disability if something goes wrong during surgery.

It is a surgical procedure that usually requires a patient to be put under general anesthesia

and given respiratory assistance because he or she cannot breathe independently.

(n) “Nation” means the Oneida Nation.

(o) “Public health emergency” means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number

of people.

(p) “Rule” means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

1 O.C. 125 – Page 2

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of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

125.4.

Responsibilities, Eligibility and Qualifications

125.4-1. Responsibilities of the Fund Operator. The Fund Operator shall have the following

responsibilities in regard to the operation of the Fund:

(a) Administrative Rulemaking. The Fund Operator shall promulgate rules for the

administration of the Fund which:

(1) shall include the list of categories the Fund covers and a cap that sets the amount

of assistance per event/per household, except for funeral expenses which shall be

set per event/per person; and

(2) may include additional items not listed in section 125.6, as long as the rule does

not conflict with any provision of this law.

(b) Communication and Education. The Fund Operator shall ensure that the Nation’s

membership is informed of what assistance is available through the Fund, how to apply for

assistance, and who is eligible for assistance.

125.4-2. Reporting Requirements. The Governmental Services Division Director shall report

quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the

amount of funds paid out under each category of the Fund.

125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

the Nation, provided the requested funds will benefit the member only and the non-member has

one (1) of the following relationships to the applicant:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the

Fund.

125.4-5. The Fund is a fund of last resort and provides assistance when there is no other financial

assistance available or all other assistance has been exhausted. Applicants shall first seek out other

resources that can meet the needs of their request. Proof of requesting assistance from other sources

shall be provided with the application.

125.4-6. The following types of catastrophic events, and catastrophic illnesses or injuries qualify

an applicant for assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

(d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling

injuries due to motor vehicle accident;

(e) Natural disaster, including, but not limited to, tornado, fire, flood;

(f) Public health emergency; and

(g) Death in immediate family.

125.4-7. Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly

to the service provider.

125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding

1 O.C. 125 – Page 3

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levels.

125.4-10. Oneida programs and enterprises are not eligible for these funds.

125.5.

Priorities for Consideration

125.5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event;

(b) Cost, usual and customary fees;

emergency event occurred; and

(d) The Fund’s appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate

needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

125.6.

Items Covered by the Fund

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event,

catastrophic illness or injury, or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills, including dental, optical, and hospital, not covered by insurance;

(f) Mortgage payments and rent payments including security deposits, where no other

resources exist;

(g) Utility disconnections;

(h) Inpatient Treatment, with a limit of once per lifetime;

(i) Fire recovery and natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(l) Waiting period for a Social Security Disability Determination rent and utility assistance

up to a maximum of twelve (12) months;

(m) Appliance repair for essential appliances; and/or

(n) Travel expenses to arrange or attend a funeral for immediate family members.

125.6-2. Security Deposit. The Fund shall only provide assistance for a security deposit when it

is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on

an emergency basis which shall include, but is not limited to, pending eviction and homelessness.

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

(b) Only one (1) request per household shall be considered.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company. An applicant shall

demonstrate that he or she applied to his or her local Energy Assistance Program before applying

for assistance from the Fund.

1 O.C. 125 – Page 4

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125.6-4. Funeral Travel Expenses. An applicant may receive assistance with travel expenses, up

to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate

family members. Unless the rules allow for direct payment to the travel provider by the Fund

Operator, such assistance is required to be in the form of reimbursement, provided that mileage

assistance shall always be in the form of reimbursement.

125.7.

Items not Covered by the Fund

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

catastrophic illness or injury, or emergency event as defined above. The following is a list of items

not covered by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(d) Commercial loans;

(e) Defaults, fines, or bankruptcy charges;

(f) Expenses not tied to basic needs such as cable, internet, memberships, etc.;

(g) Legal fees, court costs, judgments;

(h) Lodging assistance due to homelessness, or for any other reason not related to a

catastrophic event or emergency event;

(i) Health membership fees;

(j) Food and personal care items;

(k) Stabilization rent assistance;

(l) Insurance deductibles;

(m) Home renovations not related to handicap accessibility; and

(n) Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

(a) The catastrophic event, catastrophic illness or injury or emergency event is the result

of a violation of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant’s file.

125.8.

Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the applicant in a timely manner so as to meet the

applicant’s needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

1 O.C. 125 – Page 5

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provide all documentation requested by the case manager. No assistance may be provided without

sufficient documentation of:

(a) The catastrophic event, catastrophic illness or injury, or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

(d) Status of employment which shall include the following as applicable:

(1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen’s compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a) Medical reports;

(b) Bills or statements;

(d) Letters;

(e) Police or fire reports;

(f) Obituary or formal notice of death;

(g) Check stubs;

(h) Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

(j) Approval of assistance or denial of assistance letters from other agencies.

125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty

(30) business days.

(a) The case manager shall request additional information be provided when an application

contains insufficient information to make an informed decision.

(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.

result in closing the application file, with no further action taken in regard to that

application.

(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file

being closed.

(e) After the file is closed, the applicant shall start the application process over again in

order to be considered for assistance from the Fund. However, no applicant may re-apply

for the same catastrophic event, catastrophic illness or injury, or emergency event more

than the limit stated within this law or the Fund’s rules.

125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed

forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency

event. Applications made after forty-five (45) business days shall not be considered.

1 O.C. 125 – Page 6

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125.9.

Decision and Appeal

125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which

an initial decision is required following the submission of a complete application. Such timeline

shall include available extensions for circumstances wherein the applicant has a determination of

award or coverage pending with another support or assistance resource.

125.9-2. Appeal to the Director of the Fund Operator. An appeal of the case manager’s decision

shall be requested in writing to the director of the Fund Operator within ten (10) business days

after receipt of notice of the initial decision. The director of the Fund Operator shall provide the

applicant with notice of his or her decision on the matter within ten (10) business days after

receiving the appeal.

125.9-3. Appeal to the Governmental Services Division Director. An appeal of the decision of

the director of the Fund Operator shall be requested in writing to the Governmental Services

Division Director within ten (10) business days after receipt of notice of the director of the Fund

Operator’s decision. The Governmental Services Division Director shall provide the applicant

with notice of his or her decision on the matter within ten (10) business days after receiving the

appeal.

125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Governmental

Services Division Director by filing a complaint with the Trial Court.

End.

Adopted - BC-05-15-96-A

Amended - BC-01-08-97-G

Amended - BC-12-11-13-D

Amended - BC-01-11-17-B

Amended – BC-__-__-__-__

1 O.C. 125 – Page 7

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

December 16, 2020

Emergency Management and

Homeland Security Law

Amendments

Submission Date: 3/17/20

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: 3/17/20

Summary: This item was carried over from last term. The request for emergency amendments was

added to the AFL in March 2020 in response to the COVID-19 pandemic. On March 12, 2020, Chairman

Tehassi Hill signed a “Declaration of Public Health State of Emergency” in response to the COVID-19

pandemic, which has since been extended. The emergency amendments created and delegated authority

to a COVID-19 Core Decision Making Team – which allowed the COVID-19 Team to make changes to

internal operations and laws in a more efficient manner. The Oneida Business Committee adopted the

emergency amendments through resolution BC-03-17-20-E. These emergency amendments were set to

expire on September 17, 2020. The Oneida Business Committee extended the emergency amendments to

the Emergency Management and Homeland Security law for an additional six (6) month period beginning

on September 17, 2020, through the adoption of resolution BC-08-26-20-A. The emergency amendments

will now expire on March 17, 2021.

10/7/20 LOC: Motion by Jennifer Webster to add the Emergency Management and Homeland Security Law

Amendments to the Active Files List with David Jordan as the sponsor; seconded by Marie

Summers. Motion carried unanimously.

Motion by Jennifer Webster to Enter into the record the results of the August 24, 2020, e-poll

titled, “Approval of Emergency Amendments to the Oneida Higher Education Pandemic

Relief Fund Law;” seconded by Marie Summers. Motion carried unanimously.

11/4/20:

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

King, Marie Summers, Cristina Danforth, Clorissa N. Santiago, Deborah Thundercloud,

Debra Danforth, Michelle Myers, Kelly McAndrews, Mollie Passon, Kaylynn Gresham,

Robert Keck, Melinda Danforth, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a

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

a general discussion on the COVID-19 Core Decision Making Team and if/how it should be

permanently included in the law, and then read through the law line-by-line and discuss other

potential permanent amendments that should be made. The attorney will update the draft based

on this discussion and schedule another work meeting with the team to review the draft.

12/8/20:

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

King, Marie Summers, Clorissa N. Santiago, Michelle Myers, Mollie Passon, Kaylynn

Gresham, Richard Figueroa, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a

Page 1 of 2

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

the updated draft of the proposed amendments to the law. Attorney will update the draft based

on these discussions and prepare the legislative analysis and public meeting packet.

12/10/20:

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

King, Marie Summers, Clorissa N. Santiago, Rhiannon Metoxen, James Petitjean. This was a

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

a decision as to whether the Community/Public Health Officer should have the authority to

order individuals to take a vaccination during a public health emergency.

Next Steps:

 Approve the Emergency Management and Homeland Security law amendments draft, legislative

analysis, and public comment period packet and forward the Emergency Management and Homeland

Security law amendments to a public comment period to be held open until January 13, 2021.

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ONEIDA NATION

PUBLIC COMMENT PERIOD NOTICE

Find Public Meeting Materials at

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

Due to the COVID-19 Public Health Emergency

Only Written Comments Will Be Accepted Until:

WEDNESDAY January 13, 2021

Send Public Comments to

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

EMERGENCY MANAGEMENT AND

HOMELAND SECURITY LAW AMENDMENTS

The purpose of this law is to provide for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; and provide

for the direction of emergency management, response, and recovery on the Reservation.

The Emergency Management and Homeland Security law amendments will:

1. Clarify that it is within the authority of the Community/Public Health Officer to issue any

mandate, order, and/or require restrictions which may limit the spread of any communicable disease to any individual, business, or the general population of the Reservation;

2. Extend the time period for a proclamation of an emergency from thirty (30) days to sixty

(60) days;

3. Delegate authority to the Oneida Business Committee to establish an Emergency Core Decision Making Team upon the declaration of an emergency and determine which positions

of the Nation will compose the Emergency Core Decision Making Team; and

4. Provide that citations issued for violations of this Law shall be processed in accordance

with the procedure contained in the Nation’s laws and policies governing citations.

For more proposed amendments to the Emergency Management and Homeland Security law

please review the public comment packet at Oneida-nsn.gov/government/register/public meetings

PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, JANUARY 13, 2021

The Nation’s COVID-19 Team issued a declaration on March 27, 2020, titled “Suspension of Public Meetings

and individuals can participate in the legislative process by submitting written comments, questions, or other

input via e-mail to LOC@oneidanation.org.

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AMENDMENTS TO THE

EMERGENCY MANAGEMENT AND

HOMELAND SECURITY LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed

Amendments



Analysis by the Legislative Reference Office

Amend title from Emergency Management and Homeland Security law to the

Emergency Management law;

Revise references to Oneida Community Health Services to Comprehensive Health

Division;

Include a definition for “emergency;”

Revise the title of the Emergency Management and Homeland Security Agency to

Emergency Management Department;

Remove a provision regarding the Public Safety Officers’ Benefits Program from the

law because it is provided for in federal law;

Clarify that the Nation may implement more strict policies or requirements than those

issued by the Community/Public Health Officer;

Clarify that it is within the authority of the Community/Public Health Officer to issue

any mandate, order, and/or require restrictions which may limit the spread of any

communicable disease to any individual, business, or the general population of the

Reservation;

Remove provision that required the Oneida Community Health Services to be

responsible for certain expenses of an infected individual;

Address the authority of the Community/Public Health Officer to organize the

vaccinations of individuals during the Public Health Emergency;

Clarify exemptions to the requirements for vaccines;

Extend the time period for a proclamation of an emergency from thirty (30) days to

sixty (60) days;

Clarify that the Conservation Department may contract with an agency to cover their

responsibility for the care, disposal, and sheltering of all abandoned domestic animals

and livestock during a proclaimed emergency;

Delegate authority to the Oneida Business Committee to establish an Emergency Core

Decision Making Team upon the declaration of an emergency and determine which

positions of the Nation will compose the Emergency Core Decision Making Team;

Delegate authority to the Emergency Core Decision Making Team to declare

exceptions to any law, policy, procedure, regulation, or standard operating procedure

of the Nation;

Provide how the Emergency Core Decision Making Team will make declarations, and

the duration of authority for those declarations;

Require that notification of any declaration be provided to the Oneida Business

Committee within twenty-four (24) hours of a declaration being made;

Clarify the authority of the Oneida Business Committee to modify, extend, or repeal

any declaration or emergency action taken by the Emergency Core Decision Making

Team;

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

Purpose

Affected

Entities

Public

Meeting

Fiscal Impact

Provide that citations issued for violations of this Law shall be processed in

accordance with the procedure contained in the Nation’s laws and policies governing

citations; and

 Provide that the Oneida Business Committee shall adopt through resolution a citation

schedule which sets forth specific fine amounts for violations of this Law.

To provide for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster; provide for the direction of

emergency management, response, and recovery on the Reservation; as well as

coordination with other agencies, victims, businesses, and organizations; establish the use

of the National Incident Management System; and designate authority and responsibilities

for public health preparedness. [3 O.C. 302.1-1].

Community/Public Health Officer, Emergency Management Department

A public comment period will be held open until January 13, 2021. A public meeting will

not be held in accordance with the Nation’s COVID-19 Core Decision Making Team’s

declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.”

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Emergency Management and Homeland Security law (“the Law”) was first adopted

by the Oneida Business Committee on July 15, 1998. The Law provides for the development and

execution of plans for the protection of residents, property, and the environment in an emergency or

disaster; provides for the direction of emergency management, response, and recovery on the

Reservation, as well as coordination with other agencies, victims, businesses, and organizations;

establishes the use of the National Incident Management System; and designates authority and

responsibilities for public health preparedness. [3 O.C. 302.1-1].

B. Emergency Amendments. On March 17, 2020, the Oneida Business Committee adopted emergency

amendments to the Law through the adoption of resolution BC-03-17-20-E. Emergency amendments

to the Law were sought to create and delegate authority to a COVID-19 Core Decision Making Team

to declare exceptions to any law, policy, procedure, regulation, or standard operating procedure of the

Nation. The emergency amendments to this Law were necessary for the preservation of the public

health, safety, and general welfare of the Reservation population. The emergency amendments were

needed to allow the COVID-19 Core Decision Making Team to act on behalf of the Nation on a daily,

or even hourly basis, to protect the Reservation population against the public health crisis that is the

COVID-19 pandemic. The emergency amendments to the Law were set to expire on September 17,

2020. On August 26, 2020, the Oneida Business Committee extended the emergency amendments to

the Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A. The

emergency amendments to the Law are set to expire on March 17, 2021.

C. The Legislative Operating Committee proposed permanent amendments be made to this Law to

permanently adopt some of the emergency amendments that were recently made to the Law, as well as

to address other revisions that may be necessary.

SECTION 3. CONSULTATION AND OUTREACH

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

and legislative analysis:

 Oneida Business Committee;

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 Oneida Law Office;

 Emergency Management Department;

 Comprehensive Health Division;

 Risk Management Department;

 Intergovernmental Affairs;

 General Manager; and

 Strategic Planner.

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

 Citations law;

 Oneida Personnel Policies and Procedures; and

 Legislative Procedures Act.

SECTION 4. PROCESS

A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.

 On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Law

through the adoption of resolution BC-03-17-20-E for the purpose of creating and delegating

authority to a COVID-19 Core Decision Making Team.

 On August 26, 2020, the Oneida Business Committee extended the emergency amendments to the

Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A.

 The LOC added amendments to the Law to its Active Files List on October 7, 2020.

 The emergency amendments to the Law are set to expire on March 17, 2021.

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

regarding the development of these amendments:

 November 4, 2020: LOC work meeting with Comprehensive Health Division, Emergency

Management Department, Oneida Law Office, Oneida Business Committee, Risk Management

Department, General Manager, Intergovernmental Affairs, Strategic Planner.

 December 8, 2020: LOC work meeting with Comprehensive Health Division, Emergency

Management Department, Strategic Planner.

 December 10, 2020: LOC work meeting.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China

and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts

including effects on the stock market and the closing of all non-essential businesses. A public meeting

for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the

submission of written comments will still be permitted.

 Declaration of a Public Health State of Emergency.

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

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

of Emergency for the Nation until April 12, 2020, and set into place the necessary authority

for action to be taken and allows the Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until January 12, 2020, by

the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-

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05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, and BC-12-09-20-D.

COVID-19 Core Decision Making Team Declarations: Safer at Home.