Oneida Business Committee (2022)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, December 27, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, December 28, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 2nd floor, Norbert Hill

Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to

change.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the December 6, 2022, special Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the December 14, 2022, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the December 16, 2022, special Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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December 28, 2022

Public Packet

VI.

VII.

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RESOLUTIONS

Adopt resolution entitled Authorize the Use of $53,105,864 in Carry Over Funds to

Balance the Fiscal Year 2023 Budget

Sponsor: Keith Doxtator, Chief Financial Officer

Adopt resolution entitled Emergency Amendment to the Election Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Empowering Communities to Deliver and Sustain

Evidence-Based Falls Prevention Grant Application

Sponsor: Mark W. Powless, General Manager

APPOINTMENTS

Determine next steps regarding three (3) vacancies - Oneida Nation Veteran Affairs

Committee

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding seven (7) vacancies - Oneida Election Board Ad Hoc

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding Oneida Nation School Board appointment

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the October 31, 2022, regular Finance Committee meeting minutes

Sponsor: Keith Doxtator, Chief Financial Officer

Accept the November 14, 2022, regular Finance Committee meeting minutes

Sponsor: Keith Doxtator, Chief Financial Officer

Accept the December 5, 2022, regular Finance Committee meeting minutes

Sponsor: Keith Doxtator, Chief Financial Officer

Accept the December 19, 2022, regular Finance Committee meeting minutes

Sponsor: Keith Doxtator, Chief Financial Officer

LEGISLATIVE OPERATING COMMITTEE

Sponsor:

Accept the December 7, 2022, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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December 28, 2022

Public Packet

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STANDING ITEMS

IX.

ARPA FRF Updates and Requests/Proposals (No items to consider)

TRAVEL REPORTS

Approve the travel report - Councilwoman Marie Cornelius - Wis DOT Inter-Tribal

Task Force (ITTF) meeting and the Wisconsin Tribal Transportation Conference

(WTTC) – Baraboo, WI - October 24-26, 2022

Sponsor: Marie Cornelius, Councilwoman

Approve the travel report - Councilwoman Marie Cornelius - Premiere Event hosted

by the U.S. House Select Committee on Economic Disparity – Washington, D.C. –

December 13-14, 2022

Sponsor: Marie Cornelius, Councilwoman

Approve the travel report - Secretary Lisa Liggins - Indian Child Welfare Act Events Washington, D.C. - November 8-10, 2022

Sponsor: Lisa Liggins, Secretary

TRAVEL REQUESTS

Approve the travel request – Councilman David Jordan - Reservation Economic

Summit (RES) 2023 – Las Vegas, NV – April 2–6, 2023

Sponsor: David P. Jordan, Councilman

Approve the travel request - Councilman Kirby Metoxen - Chicago Travel &

Adventure Show - Chicago, IL – January 13-16, 2023

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Councilman Kirby Metoxen - Native American Tourism

of Wisconsin (NATOW) Meeting – Mole Lake, WI – January 16-17, 2023

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Councilwoman Jennifer Webster – Administration for

Children & Families Tribal Advisory Committee (ACF-TAC) - Triannual Meeting Washington, D.C. - February 7-10, 2023

Sponsor: Jennifer Webster, Councilwoman

Approve the travel request - Councilwoman Jennifer Webster – Administration for

Children & Families Tribal Advisory Committee (ACF-TAC) - Triannual MeetingChiloquin, OR – June 12-16, 2023

Sponsor: Jennifer Webster, Councilwoman

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 6

December 28, 2022

Public Packet

XI.

XII.

XIII.

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NEW BUSINESS

Approve two (2) actions regarding 2022 Facility and Life Safety Inspections on all

Oneida Gaming facilities

Sponsor: Mark W. Powless, General Manager

Approve the concept paper for CDC # 22-105 Farmers Market Relocation

Sponsor: Mark W. Powless, General Manager

Discuss the Oneida Business Committee Meetings law

Sponsor: Nancy Barton, Tribal Member

GENERAL TRIBAL COUNCIL

Accept legal review - Petitioner Mae Cornelius re: Chief Financial Officer Position

Sponsor: Jo Anne House, Chief Counsel

Adopt resolution entitled Adoption of Fiscal Year 2023 Budget

Sponsor: Keith Doxtator, Chief Financial Officer

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report

Sponsor: Mark W. Powless, General Manager

Accept the Intergovernmental Affairs, Communications, and Self-Governance

December 2022 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the Treasurer's November 2022 report

Sponsor: Rae Skenandore, Budget Analyst

AUDIT COMMITTEE

Accept the October 20, 2022, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the Gaming Employee Incentive Gift/Gas Card Blind Count report and

lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Oneida Nation High School Gift Cards/Vouchers annual audit and

lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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December 28, 2022

Public Packet

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Accept the Native Employment Works (NEW) Program Gift Cards/Vouchers

annual audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Security Department Employee Incentive Gift Card annual audit

and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Southeastern Wisconsin Oneida Tribal Services (SEOTS) Gift

Cards/Vouchers annual audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Tourism Gift Cards/Vouchers annual audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Cage/Vault/Kiosk Year-End compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Gaming Contracts annual compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

10.

Accept the Gaming Machine (Slots) compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

11.

Accept the Gaming Machines (Slots) Year-End compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

12.

Accept the Roulette Rules of Play compliance audit and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

13.

Accept the Table Games compliance audit and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

14.

Accept the Title 31 compliance audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

15.

Accept the Economic Support Services Administration performance

assurance audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

16.

Accept the Education & Training Administration performance assurance audit

and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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December 28, 2022

Public Packet

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XIV.

17.

Accept the Oneida Emergency Food Pantry performance assurance audit and

lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

18.

Accept the Self-Governance performance assurance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

Approve limited waiver of sovereignty - Great Lakes Coca-Cola Distribution

LLC contract - file # 2022-0987

Sponsor: Debra Powless, Retail General Manager

Review request from Oneida Land Claims Commission and determine next

steps (1:30 p.m. on 12/27/22)

Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission

Deliberations regarding pardon application - Worden Shane Webster

Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee

Review applications for three (3) vacancies - Oneida Nation Veteran Affairs

Committee

Sponsor: Lisa Liggins, Secretary

Review application for seven (7) vacancies - Oneida Election Board Ad Hoc

Sponsor: Lisa Liggins, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 6 of 6

December 28, 2022

Public Packet

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Approve the December 6, 2022, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

12/28/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

Public Packet

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DRAFT

Oneida Business Committee

Special Meeting

2:00 PM Tuesday, December 06, 2022

Virtual Meeting - Microsoft Teams1

Minutes

SPECIAL MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Daniel Guzman King, David P. Jordan, Marie Cornelius, Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Arrived at: Councilman Kirby Metoxen at 2:06 p.m.;

Others present: Jo Anne House, Melinda J. Danforth, Mark W. Powless, Louise Cornelius, Todd VanDen

Heuvel, Kaylynn Gresham, Katsitsiyo Danforth, Danelle Wilson, Kristal Hill, Rhiannon Metoxen, Rae

Skenandore, Justin Nishimoto, Clorissa Leeman, RaLinda Ninham-Lamberies, Melanie Burkhart, Debra

Danforth, Grace Elliott, Carolyn Salutz, Michelle Tipple, Stacy Stevens, Patricia King, Mary Graves, Mike

Debraska, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 2:01 p.m.

For the record: Treasurer Tina Danforth is out on leave.

II.

OPENING (00:00:31)

Opening provided by Chairman Tehassi Hill.

III.

ADOPT THE AGENDA (00:02:04)

Motion by Marie Cornelius to adopt the agenda with four (4) additions [1) under the Travel Requests

section, add item entitled Approve the travel request - Rae Skenandore and Kristal Hill - M3 Meeting

for 2023 Indigenous Games - Halifax, NS - January 15-18, 2023; 2) add section entitled Executive

Session, New Business; 3) under the Executive Session, New Business section, add item entitled

Review the Finance Committee investigation request and determine next steps; and 4) under the

Executive Session, New Business section, add item entitled Review Reporting Stipends Received from

an External Entity work standard and determine next steps], seconded by Jennifer Webster. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

Oneida Business Committee

Special Meeting Minutes

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December 06, 2022

Public Packet

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DRAFT

IV.

TRAVEL REQUESTS

Enter the e-poll results into the record for the failed travel request for

Councilwoman Marie Cornelius to attend the Film Premiere Event in Washington

DC - December 13-14, 2022 (00:04:24)

Sponsor: Lisa Liggins, Secretary

Councilman Kirby Metoxen arrived at 2:06 p.m.

Motion by Lisa Liggins to enter the e-poll results into the record for the failed travel request for

Councilwoman Marie Cornelius to attend the Film Premiere Event in Washington, D.C. - December 1314, 2022, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Abstained:

Marie Cornelius

Not Present:

Tina Danforth

Reconsider the travel request from Councilwoman Marie Cornelius in accordance

with section 5.1.a. of the SOP entitled Conducting Electronic Voting (00:05:57)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to reconsider the travel request from Councilwoman Marie Cornelius in

accordance with section 5.1.a. of the SOP entitled Conducting Electronic Voting, seconded by Jennifer

Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Abstained:

Marie Cornelius

Not Present:

Tina Danforth

Motion by Jennifer Webster to approve travel request for Councilwoman Marie Cornelius to attend the

Film Premiere Event in Washington, D.C. - December 13-14, 2022, seconded by Lisa Liggins. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Abstained:

Marie Cornelius

Not Present:

Tina Danforth

For the record: Councilman Kirby Metoxen stated, I've always been told that when it comes to tribal

issues, I know this came in late and that's why it was going on the e-poll, typically it would have been

on the agenda of the Business Committee, but because the invite came after the fact, it was then it

went to the e-poll so I support that. When issues like this, invites like this, come to tribes I think it's very

critical that tribal representation is at the table. One being that I've always been told when it comes to

tribal issues like this, if you're not at the table, you're on the menu and I appreciate our tribe being at

the table. Thank you.

For the record: Councilwoman Jennifer Webster stated, I appreciate the council. I know we were

having an issue with having a meeting on the 13th of making quorum. I really appreciate, we were

scheduled to have three other people out at MAST, so I appreciate the consideration to hold somebody

back from MAST so that we can have quorum to conduct tribal business here. Thank you.

For the record: Secretary Lisa Liggins stated, I, along with Councilwoman Jennifer Webster, thank

Councilman Kirby Metoxen for staying back from MAST so that we can continue to conduct business

on December 14th.

Oneida Business Committee

Special Meeting Minutes

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Public Packet

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DRAFT

Approve the travel request - Rae Skenandore and Kristal Hill - M3 Meeting for 2023

Indigenous Games - Halifax, NS - January 15-18, 2023 (00:16:24)

Sponsor: Rae Skenandore, Budget Analyst

Motion by Jennifer Webster to approve the travel request for Rae Skenandore and Kristal Hill to attend

the M3 Meeting for 2023 Indigenous Games in Halifax, NS - January 15-18, 2023, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to approve funding for the travel request for the Northern American Indigenous

Games M3 meeting to come from the BC Special Projects line, seconded by Jennifer Webster. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

GENERAL TRIBAL COUNCIL

Review General Tribal Council meeting masking requirement request and

determine next steps (00:25:00)

Sponsor: Jennifer Webster, Councilwoman

Motion by Jennifer Webster to approve require masking at the in-person General Tribal Council

meetings, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Opposed:

Marie Cornelius

Not Present:

Tina Danforth

Approve notice and materials for January 30, 2023, tentatively scheduled annual

General Tribal Council meeting (01:01:56)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to approve February 27, 2023, as the inclement weather date for the January

30, 2023, tentatively scheduled annual General Tribal Council meeting, seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to approve notice and materials for January 30, 2023, tentatively scheduled

annual General Tribal Council meeting noting the public health and safety protocols page as well as

the public health and safety memorandum will be update in accordance with the prior discussion and

noting the finalized project plan, PowerPoint, and timeline may be slightly updated for the

On^yote?a?ká ni?i project plan, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Special Meeting Minutes

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DRAFT

VI.

EXECUTIVE SESSION (01:09:56)

Motion by Lisa Liggins to go into executive session at 3:11 p.m., seconded by Marie Cornelius. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Vice-Chairman Brandon Stevens and Councilman Daniel Guzman King left at 4:20 p.m.

Motion by Jennifer Webster to come out of executive session at 5:05 p.m., seconded by David P.

Jordan. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King, Brandon Stevens

NEW BUSINESS

Review the Finance Committee investigation request and determine next steps

(01:11:23)

Sponsor: RaLinda Ninham-Lamberies, Interim Chief Financial Officer

Motion by Lisa Liggins to accept the information from the Finance Committee and to direct the General

Manager to follow-up on the processes and procedures, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King, Brandon Stevens

Review Reporting Stipends Received from an External Entity work standard and

determine next steps (01:12:03)

Sponsor: Marie Cornelius, Councilwoman

Motion by Jennifer Webster to defer this item to the December 20, 2022, BC work session, seconded

by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King, Brandon Stevens

Oneida Business Committee

Special Meeting Minutes

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December 06, 2022

Public Packet

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DRAFT

VII.

ADJOURN (01:13:00)

Motion by Kirby Metoxen to adjourn at 5:07 p.m., seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Jennifer Webster

Not Present:

Tina Danforth, Daniel Guzman King, Brandon Stevens

Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 5 of 5

December 06, 2022

Public Packet

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Approve the December 14, 2022, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

12/28/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

Public Packet

14 of 189

DRAFT

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, December 14, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: David P. Jordan,

Kirby Metoxen, Jennifer Webster;

Not Present: Chairman Tehassi Hill, Treasurer Tina Danforth, Councilman Daniel Guzman King;

Arrived at: Councilwoman Marie Cornelius arrived at 11:35 a.m.;

Others present: Jo Anne House, Todd Vandenheuvel (via Microsoft Teams1), Mark W. Powless (via

Microsoft Teams), Louise Cornelius (via Microsoft Teams), RaLinda Ninham-Lamberies, Katsitsiyo

Danforth (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Danelle Wilson (via Microsoft

Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore

(via Microsoft Teams), Lisa Summers (via Microsoft Teams), Clorissa Leeman (via Microsoft Teams),

Justin Nishimoto (via Microsoft Teams), Chad Fuss (via Microsoft Teams), Tana Aguirre (via Microsoft

Teams), James Bittorf (via Microsoft Teams), Kelly McAndrews (via Microsoft Teams), Joel Maxam (via

Microsoft Teams), Cheryl Stevens (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Nicole

Rommel (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Grace Elliott (via Microsoft Teams),

Jason Doxtator (via Microsoft Teams), Josephine Skenandore (via Microsoft Teams), Marsha Danforth

(via Microsoft Teams), Elijah Metoxen (via Microsoft Teams), Lauren Hartman (via Microsoft Teams),

Jameson Wilson (via Microsoft Teams), Christopher Johnson (via Microsoft Teams), Patricia King (via

Microsoft Teams), Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams),

Shannon Davis, Bonnie Pigman (via Microsoft Teams), Carol Silva (via Microsoft Teams), Marlon

Skenandore (via Microsoft Teams), Christine Klimmek, Donald McLester, Donald White, Nancy Barton,

Cathy L. Metoxen, Ed Delgado, Mike Debraska (via Microsoft Teams), Aliskwet Ellis;

CALL TO ORDER

Meeting called to order at 8:40 a.m. by Vice-Chairman Brandon Stevens.

For the record: Chairman Tehassi Hill and Councilman Daniel Guzman King are out on approved travel

attending the 2022 Midwest Alliance of Sovereign Tribes (MAST) winter meeting in Welch, MN.

Councilwoman Marie Cornelius returning from approved travel to attend the Film Premiere Event in

Washington, D.C. and will be arriving late. Treasurer Tina Danforth is out on leave.

II.

OPENING (00:00:09)

Opening provided by Councilman Kirby Metoxen.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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Regular Meeting Minutes

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Public Packet

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DRAFT

III.

ADOPT THE AGENDA (00:00:31)

Motion by Lisa Liggins to adopt the agenda with two (2) additions [1) under the New Business section,

add item entitled Accept the update regarding the request for GTC meeting stipends to be eligible

under the General Welfare Law; and 2) under the Executive Session, New Business section, add item

entitled Approve the attorney contract amendment - Oneida Law Office - file # 2019-1404], seconded

by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

IV.

OATH OF OFFICE

Oneida Land Claims Commission - Donald McLester (00:05:26)

Sponsor: Lisa Liggins, Secretary

Oneida Nation Commission on Aging - Donald White (00:05:26)

Sponsor: Lisa Liggins, Secretary

Oaths of office were administered by Secretary Lisa Liggins. Donald McLester and Donald White were

present.

MINUTES

Approve the November 30, 2022, regular Business Committee meeting minutes

(00:08:00)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the November 30, 2022, regular Business Committee meeting

minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

VI.

RESOLUTIONS

Adopt resolution entitled CY 2023 County Tribal Law Enforcement Grant

Application – Brown County (00:09:41)

Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission

Motion by Lisa Liggins to adopt resolution entitled 12-14-22-A CY 2023 County Tribal Law

Enforcement Grant Application – Brown County, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

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DRAFT

Adopt resolution entitled CY 2023 County Tribal Law Enforcement Grant

Application – Outagamie County (00:14:15)

Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission

Motion by Lisa Liggins to adopt resolution entitled 12-14-22-B CY 2023 County Tribal Law

Enforcement Grant Application – Outagamie County, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

VII.

APPOINTMENTS

Motion by Lisa Liggins to defer items VII.A. and VII.B. until after executive session, seconded by Kirby

Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Item VIII.A.1. was addressed next.

Determine next steps regarding one (1) vacancy - Oneida Nation School Board

(02:42:22)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept Patricia Moore and appoint her to the Oneida Nation School Board for

a term ending July 31, 2023, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Determine next steps regarding four (4) vacancies - Oneida Youth Leadership

Institute Board (02:42:52)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to forward this item to the December 20, 2022, BC work session for further

discussion, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Item XIV.A.1. was addressed next.

VIII.

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the August 4, 2022, regular Community Development Planning

Committee meeting minutes (00:17:05)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Jennifer Webster to accept the August 4, 2022, regular Community Development Planning

Committee meeting minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 13

December 14, 2022

Public Packet

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DRAFT

LEGISLATIVE OPERATING COMMITTEE

Accept the November 2, 2022, regular Legislative Operating Committee meeting

minutes (00:17:58)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the November 2, 2022, regular Legislative Operating Committee

meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

QUALITY OF LIFE COMMITTEE

Accept the October 20, 2022, regular Quality of Life Committee meeting minutes

(00:24:59)

Sponsor: Marie Cornelius, Councilwoman

Motion by Jennifer Webster to accept the October 20, 2022, regular Quality of Life Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

IX.

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions

Approve the request to release obligated funds in accordance with BC

Resolution # 11-01-21-A Obligation for Adolescent Wellness Treatment Center

Tribal Partnership, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery

Funds Lost Revenue (00:35:52)

Sponsor: Tehassi Hill, Chairman

Motion by Jennifer Webster to authorize the project owner to release the obligated funds for the

Adolescent Wellness Treatment Center Tribal Partnership project in accordance with BC Resolution #

11-01-21-A Obligation for Adolescent Wellness Treatment Center Tribal Partnership, Utilizing

American Rescue Plan Act of 2021 Fiscal Recovery Funds Lost Revenue and to direct the Business

Analyst to provide an analysis of the updated business plan once received, seconded by Kirby

Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 13

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Public Packet

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DRAFT

TRAVEL REPORTS

Approve the travel report - Councilwoman Marie Cornelius - 79th Annual National

Congress of American Indians (NCAI) Convention & Marketplace - Sacramento, CA

- October 30-November 4, 2022 (00:55:57)

Sponsor: Marie Cornelius, Councilwoman

Motion by Jennifer Webster to approve the travel report from Councilwoman Marie Cornelius for the

79th Annual National Congress of American Indians (NCAI) Convention & Marketplace in Sacramento,

CA - October 30-November 4, 2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Approve the travel report - Councilwoman Marie Cornelius - Indian Child Welfare

Act Events - Washington, D.C. - November 8-10, 2022 (00:59:23)

Sponsor: Marie Cornelius, Councilwoman

Motion by Jennifer Webster to approve the travel report from Councilwoman Marie Cornelius for the

Indian Child Welfare Act Events in Washington, D.C. - November 8-10, 2022, seconded by Kirby

Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Approve the travel report - Councilman Daniel Guzman King - 79th Annual

National Congress of American Indians (NCAI) Convention & Marketplace Sacramento, CA - October 30-November 5, 2022 (00:59:52)

Sponsor: Daniel Guzman King, Councilman

Motion by Jennifer Webster to approve the travel report from Councilman Daniel Guzman King for the

79th Annual National Congress of American Indians (NCAI) Convention & Marketplace in Sacramento,

CA - October 30-November 5, 2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Approve the travel report - Councilman David P. Jordan - Indian Child Welfare Act

Events - Washington, D.C. - November 8-10, 2022 (01:00:15)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to approve the travel report from Councilman David P. Jordan for the

Indian Child Welfare Act Events in Washington, D.C. - November 8-10, 2022, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Lisa Liggins, Kirby Metoxen, Jennifer Webster

Abstained:

David P. Jordan

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Approve the travel report - Councilman Kirby Metoxen - Smithsonian National

Museum of the American Indian Veterans Memorial & Indian Child Welfare Act

events - Washington, D.C. - November 8-13, 2022 (01:00:39)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the

Smithsonian National Museum of the American Indian Veterans Memorial & Indian Child Welfare Act

events in Washington, D.C. - November 8-13, 2022, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Approve the travel report - Councilwoman Jennifer Webster - National Tribal

Health Conference - Washington, D.C. - September 25-29, 2022 (01:01:04)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

National Tribal Health Conference in Washington, D.C. - September 25-29, 2022, seconded by Kirby

Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen

Abstained:

Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

XI.

TRAVEL REQUESTS

Enter the e-poll results into the record regarding the approved travel request in

accordance with § 219.16-1 for seven (7) Oneida Nation Commission On Aging

commissioners to attend the Great Lakes Native American Elders Association

(GLNAEA) Conference in Lac Du Flambeau, WI - December 7-8, 2022 (01:02:34)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved travel request

in accordance with § 219.16-1 for seven (7) Oneida Nation Commission On Aging commissioners to

attend the Great Lakes Native American Elders Association (GLNAEA) Conference in Lac Du

Flambeau, WI - December 7-8, 2022, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by David P. Jordan to address item XII.C. next, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Item XII.C. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

XII.

NEW BUSINESS

Review request for Summer Savings at the Pump and Food Assistance GWA

programs year-end report and determine next steps (01:12:07)

Sponsor: Nancy Barton, Tribal Member

Motion by Lisa Liggins to direct the Quality of Life Committee to develop an analysis of the food

card/GWA payment distribution to identify how the programs worked and recommendations for the

future and for updates on the status of that analysis to be on the quarterly reports to the Business

Committee, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Lisa Liggins to direct the Budget Analyst to include a request at the January BC work

session to forward the food assistance program reports to the January 25, 2023, regular Business

Committee meeting, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Lisa Liggins to direct the OBC liaison to the Oneida Trust Enrollment Committee to request a

report to be submitted to the BC work session similar to the ARPA closeout report regarding the

Summer Savings at the Pump program, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Accept the Aging and Disability Services Major Home Repair report (01:55:28)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the Aging and Disability Services Major Home Repair report,

seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Item XII.D. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 13

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DRAFT

Approve the Oneida Nation Standard Operating Procedure (SOP) entitled

Emergency Management Law – Emergency Management Operations Team

(01:04:10)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by Jennifer Webster to approve the Oneida Nation Standard Operating Procedure (SOP)

entitled Emergency Management Law – Emergency Management Operations Team with the addition

of Chief Information Officer under 3.1 of the SOP, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

The Oneida Business Committee, by consensus, recessed at 9:52 a.m. to 10:00 a.m.

Meeting called to order by Vice-Chairman Brandon Stevens at 10:02 a.m.

Roll call for the record:

Present: Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby Metoxen;

Vice-Chairman Brandon Stevens; Councilwoman Jennifer Webster;

Not Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Chairman

Tehassi Hill; Treasurer Tina Danforth;

Item XII.A. was addressed next.

Approve the Brown County Register of Deeds On-Line Access agreement - file #

2022-0933 (02:02:23)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to approve the Brown County Register of Deeds On-Line Access

agreement - file # 2022-0933, seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by David P. Jordan to approve a limited waiver of sovereign immunity for the Brown County

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill2

Approve the CY-2023 vacancy postings for Boards, Committees, Commissions,

Corporate Boards, Standing Committees, and Other (02:03:55)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the CY-2023 vacancy postings for Boards, Committees,

Commissions, Corporate Boards, Standing Committees, and Other, seconded by Lisa Liggins. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

2 The first motion failed to identify that a limited waiver of sovereign immunity was being approved. The second

motion provides that clarification in accordance with the Sovereign Immunity Ordinance. The Oneida Business

Committee was not approving the agreement as that is a responsibility of the department.

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Approve the Audit Committee Bylaws (02:04:52)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to approve the Audit Committee Bylaws, seconded by Jennifer Webster. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Accept the update regarding the request for GTC meeting stipends to be eligible

under the General Welfare Law (02:05:47)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to direct that a final report be provided to the Business Committee at the

January 11, 2023, regular Business Committee meeting, seconded by Jennifer Webster. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Lisa Liggins to direct the Assistant CFO to forward any relevant information to the Chief

Counsel so that it can be considered in the finalization of the legal opinion, seconded by Jennifer

Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

XIII.

REPORTS

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Nation Arts Board FY-2022 4th quarter report (02:11:00)

Sponsor: Kelli Strickland, Chair/Oneida Nation Arts Board

Motion by Lisa Liggins to accept the Oneida Nation Arts Board FY-2022 4th quarter report, seconded

by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

OTHER

Accept the Oneida Youth Leadership Institute Board FY-2022 4th quarter report

(02:18:37)

Sponsor: Marlon Skenandore, President/Oneida Youth Leadership Institute Board

Motion by Lisa Liggins to extend the public comment period for Nancy Barton for an additional one (1)

minute, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Lisa Liggins to accept the Oneida Youth Leadership Institute Board FY-2022 4th quarter

report, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 13

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DRAFT

XIV.

EXECUTIVE SESSION (02:40:40)

Motion by David P. Jordan to go into executive session at 11:30 a.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Councilwoman Marie Cornelius arrived at 11:35 a.m.

Councilwoman Marie Cornelius left at 3:35 p.m.

Motion by David P. Jordan to come out of executive session at 3:48 p.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Item VII.A. was addressed next.

REPORTS

Accept the General Manager report (02:43:30)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the General Manager report, seconded by David P. Jordan. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Accept the Chief Counsel report (02:43:47)

Sponsor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Kirby Metoxen. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 13

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DRAFT

Accept the Intergovernmental Affairs, Communications, and Self-Governance

special report (02:44:05)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance special report, seconded by Lisa Liggins. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Jennifer Webster to approve the Cooperative Governance Agreement between the Oneida

Nation and the Village of Ashwaubenon final form and authorize the Chairman to execute - file # 20221010, seconded by Lisa Liggins. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Jennifer Webster to approve the Law Enforcement Response and Mutual Assistance

Agreement Between Oneida Nation and Village of Ashwaubenon final form and authorize the

Chairman to execute - file # 2022-0488, seconded by Lisa Liggins. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Jennifer Webster to approve the Emergency Medical Services Agreement Between The

Oneida Nation and The Village of Ashwaubenon final form and authorize the Chairman to execute - file

# 2022-0296, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

AUDIT COMMITTEE

Accept the December 7, 2022, regular Audit Committee meeting minutes

(02:45:32)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the December 7, 2022, regular Audit Committee meeting

minutes, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

NEW BUSINESS

Approve the use of TSA funds for the Surveillance System Replacement Project

to include the Radisson Hotel & Conference Center (02:45:48)

Sponsor: Mark W. Powless, General Manager

Motion by Jennifer Webster to accept the discussion as information, seconded by David P. Jordan.

Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 13

December 14, 2022

Public Packet

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DRAFT

Review the THC Legalization Team update and determine next steps (02:46:02)

Sponsor: Justin Nishimoto, Business Analyst

Motion by David P. Jordan to accept the discussion as information, seconded by Lisa Liggins. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Enter the e-poll results into the record regarding the failed approval to use

$21,500 from the BC Special Project budget line to partially fund contract Universal Consulting Solutions LLC - file # 2022-0988 (02:46:20)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record regarding the failed approval to

use $21,500 from the BC Special Project budget line to partially fund contract - Universal Consulting

Solutions LLC - file # 2022-0988, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Reconsider the approval of $21,500 from the BC Special Projects budget line to

partially fund contract – Universal Consulting Solutions LLC – file # 2022-0988

in accordance with section 5.1.a. of the SOP entitled Conducting Electronic

Voting (02:46:56)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to reconsider the approval of $21,500 from the BC Special Projects budget line

to partially fund contract – Universal Consulting Solutions LLC – file # 2022-0988 in accordance with

section 5.1.a. of the SOP entitled Conducting Electronic Voting, seconded by Jennifer Webster. Motion

carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Motion by Lisa Liggins to approve $21,500 from the BC Special Projects budget line to partially fund

contract – Universal Consulting Solutions LLC – file # 2022-0988, seconded by Jennifer Webster.

Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

For the record: Councilwoman Jennifer Webster stated This is the second time in the last month that epolls have failed for lack of support. So, I am not really sure what the issue is. Again and again and

again, I ask the Business Committee to please tend to their duties and maybe come to work.

Review additional responsibilities compensation request and determine next

steps (02:48:37)

Sponsor: Tehassi Hill, Chairman

Motion by David P. Jordan to accept the discussion as information, seconded by Kirby Metoxen.

Motion carried:

Ayes:

David P. Jordan, Kirby Metoxen, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 13

December 14, 2022

Public Packet

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DRAFT

Review application for one (1) vacancy - Oneida Nation School Board (02:49:02)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to accept the discussion for application for one (1) vacancy - Oneida

Nation School Board as information, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Review applications for four (4) vacancies - Oneida Youth Leadership Institute

Board (02:49:18)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to accept the discussion regadring four (4) vacancies - Oneida Youth

Leadership Institute Board as information, seconded by David P. Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Approve the attorney contract amendment - Oneida Law Office - file # 2019-1404

(02:49:55)

Sponsor: Jo Anne House, Chief Counsel

Motion by David P. Jordan to approve the attorney contract amendment - Oneida Law Office - file #

2019-1404, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

XV.

ADJOURN (02:50:16)

Motion by David P. Jordan to adjourn at 3:57 p.m., seconded by Kirby Metoxen. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster

Not Present:

Marie Cornelius, Tina Danforth, Daniel Guzman King, Tehassi Hill

Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 13

December 14, 2022

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Approve the December 16, 2022, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

12/28/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

Public Packet

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DRAFT

Oneida Business Committee

Special Meeting

9:00 AM Friday, December 16, 2022

Virtual Meeting - Microsoft Teams1

Minutes

SPECIAL MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Marie Cornelius,

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

Not Present: Treasurer Tina Danforth, Secretary Lisa Liggins;

Arrived at: n/a

Others present: JoAnne House, Mark W. Powless, Louise Cornelius, RaLinda Ninham-Lamberies,

Loucinda Conway, Danelle Wilson, Lisa Summers, Jennifer Anderson, Misty Jordan, Chad Fuss, James

Skenandore, Mark A. Powless, Sr., Corey Topp, Ryan Hirsch, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 9:00 a.m.

II.

OPENING (00:00:08)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:00:25)

Motion by Jennifer Webster to adopt the agenda with two (2) additions [1) under the section Executive

Session, add section entitled New Business; and 2) under the Executive Session, New Business

section, add item entitled Review additional responsibilities compensation request and determine next

steps], seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

Oneida Business Committee

Special Meeting Minutes

Page 1 of 3

December 16, 2022

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DRAFT

IV.

EXECUTIVE SESSION (00:01:52)

Motion by David P. Jordan to go into executive session at 9:02 a.m., seconded by Brandon Stevens.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

Motion by Marie Cornelius to come out of executive session at 9:55 a.m., seconded by Daniel Guzman

King. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

AUDIT COMMITTEE

Approve the FY-2022 year end audit presentation materials (00:03:04)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to approve the FY-2022 year end audit presentation materials, seconded

by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

Approve the FY-2022 year end audited financial statements presented by RSM,

US Auditors (00:03:29)

Sponsor: David P. Jordan, Councilman

Motion by Marie Cornelius to approve the Gaming Fund and Oneida Revolving Loan Fund audits,

seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

NEW BUSINESS

Review additional responsibilities compensation request and determine next

steps (00:03:57)

Sponsor: Tehassi Hill, Chairman

Motion by Marie Cornelius to amend the annual General Tribal Council meeting agenda to add on item

5.D. Request to Consider Compensation in the Absence of an Officer, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

Motion by Jennifer Webster to approve the correspondence to include in the annual General Tribal

Council meeting materials, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

Oneida Business Committee

Special Meeting Minutes

Page 2 of 3

December 16, 2022

Public Packet

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DRAFT

ADJOURN (00:05:13)

Motion by Marie Cornelius to adjourn at 9:58 a.m., seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 3 of 3

December 16, 2022

Public Packet

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Adopt resolution entitled Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Yea

Business Committee Agenda Request

1. Meeting Date Requested:

12/28/22

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Enter the requested motion related to this item.

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

Public Packet

32 of 189

6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Budgeted – Grant Funded

☐ Unbudgeted

☐ Not Applicable

☒ Other: Request to budget carryover use in FY2023

8. Submission:

Authorized Sponsor:

Keith Doxtator, CFO

Primary Requestor:

RaLinda Ninham-Lamberies ACFO

Revised: 11/15/2021

Page 2 of 2

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P.O. Box 365 භOneida, WI 54155

Phone: 920- 869-4325

FINANCE ADMINISTRATION OFFICE

To:

Oneida Business Committee

CC:

Keith Doxtator, CFO

From: Ralinda R. Ninham-Lamberies, Asst. CFO

Date: December 21, 2022

RE:

BC Agenda Request Approve use of Carryover

Digitally signed by RaLinda

Ninham-Lamberies

Date: 2022.12.21 08:48:54

-06'00'

In an OBC Officers meeting, the Officers agreed that using Prior Year Profit/Carryover in the amount of

$51.405,864 was the accepted recommendation to balance sources and uses for FY2023. The Savings

at the Pump was paid in November, a FY2023 expense, therefore included in the Prior Year

Profit/Carryover is $1,700,000 per BC Resolution #06-28-22-A.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Budget and Finances law (“the Law”), was adopted by the Oneida Business Committee

through resolution BC-02-08-17-C and amended by resolutions BC-05-11-22-B; and

WHEREAS,

section 121.5-1 of the Law provides that the Nation’s budget shall be a balanced budget

and not propose to spend more funds than are reasonably expected to become available

to the Nation during that fiscal year.

WHEREAS,

section 121.6-8 of the Law provides that assets of the Nation shall not be divested, or

borrowed against, to balance the annual budget; and

WHEREAS,

section 121.5.-1 (a) (1) of the Law provides underwriting debt resources or the utilization

of existing debt instruments shall be expressly prohibited from use to balance the Nation’s

annual budget; and

WHEREAS,

at the conclusion of each fiscal year there are revenues earned that exceed expenditures

which result in “carry over funds”; and

WHEREAS,

carry over funds are available only once they are audited, and are allocated accordance

with General Tribal Council directives which require 25% of carry over funds from each

fiscal year to be allocated to land acquisition in accordance with the 2033 Land Acquisition

Plan, as utilized to balance budgets, or as authorized by the Oneida Business Committee

for specific projects which could occur by motion or by resolution; and

WHEREAS,

the required/identified allocations for operations of the Oneida Nation in Fiscal Year 2023

are $544,237,738; and

WHEREAS,

minus carry over, the identified sources of funding for Fiscal Year 2023 are $491,131,874;

and

WHEREAS,

as of December 8, 2022, the balance of carry over available from prior years is

$97,952,000; and

Public Packet

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BC Resolution # _______

Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget

Page 2 of 2

WHEREAS,

the Oneida Business Committee approved Resolution # 10-21-22-A Process to Authorize

Use of Carry Over Funds; and

WHEREAS,

resolution # 10-21-22-A states that the use of carry over funds shall be required to be

authorized by adoption of a resolution by the Oneida Business Committee which states the

amount to be authorized; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the resolution

Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget.

BE IT FINALLY RESOLVED, that this resolution shall be effective immediately (prior to the adoption of the

Fiscal Year 2023 Budget).

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget

Summary

The resolution authorizes the use of fifty-three million one hundred and five thousand eight

hundred and sixty-four dollars ($53,105,864) in carry over funds for the purpose of balancing the

Fiscal Year 2023 Budget.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: December 12, 2022

Analysis by the Legislative Reference Office

The Budget and Finances law sets forth the requirements to be followed by the Oneida Business

Committee and the Oneida fund units when preparing the budget to be presented to the General

Tribal Council for approval, and establishes financial policies and procedures for the Nation

which:

 institutionalize best practices in financial management to guide decision makers in making

informed decisions regarding the provision of services, implementation of business plans

for enterprises, investments, and capital assets;

 provide a long term financial prospective and strategic intent, linking budget allocations to

organizational goals, as well as providing fiscal controls and accountability for results and

outcomes;

 identify and communicate to the membership of the Nation spending decisions for the

government function, grant obligations, enterprises, membership mandates, capital

expenditures, technology projects, and capital improvement projects;

 establish a framework for effective financial risk management; and

 encourage participation by the Nation’s membership. [1 O.C. 121.1-1].

The Nation’s adopts a balanced budget, which does not propose to spend more funds than are

reasonably expected to become available to the Nation during that fiscal year, on an annual basis

to guide revenues and expenditures for the year. [1 O.C. 121.5-1]. Underwriting debt resources or

the utilization of existing debt instruments shall be expressly prohibited from use to balance the

Nation’s annual budget. [1 O.C. 121.5-1(a)(1)]. Additionally, assets of the Nation shall not be

divested, or borrowed against, to balance the annual budget. [1 O.C. 121.6-8]. This resolution

identifies the allocations for operations of the Oneida Nation in Fiscal Year 2023 are five hundred

forty-four million two hundred thirty-seven thousand seven hundred thirty-eight dollars

($544,237,738). The identified sources of funding for Fiscal Year 2023 are four hundred ninetyone million one hundred thirty-one thousand eight hundred seventy-four dollars ($491,131,874).

At the conclusion of each fiscal year there are revenues earned that exceed expenditures which

result in carry over funds. As of December 8, 2022, the balance of carry over available from prior

years is ninety-seven million nine hundred fifty-two thousand dollars ($97,952,000). The Budget

Page 1 of 2

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and Finances law does not currently address general carry over funding, and only addresses

unexpended funds in regard to unexpended capital improvement funds and unexpended capital

expenditure funds. [1 O.C. 121.6-6]. The Oneida Business Committee adopted resolution BC-1021-22-A, Process to Authorize Use of Carry Over Funds, which requires that use of carry over

funds be authorized by adoption of a resolution by the Oneida Business Committee which states

the amount to be authorized, the purpose of the fund request, and identifies the remaining balance

of carry over funds.

This resolution provides that the Oneida Business Committee hereby adopts the resolution

Authorize the Use of $53,105,864 in Carry Over Funds to Balance the Fiscal Year 2023 Budget.

Although this resolution is not specific in the Resolved sections as to what actions this resolution

is taking, it can be inferred that the intent of the adoption of this resolution is to authorize the use

of fifty-three million one hundred and five thousand eight hundred and sixty-four dollars

($53,105,864) of carry over funds for the purpose of balancing the Fiscal Year 2023 Budget. This

would leave forty-four million eight hundred forty-six thousand one hundred thirty-six dollars

($44,846,136) remaining in available carry over funds.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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Adopt resolution entitled Emergency Amendment to the Election Law

Business Committee Agenda Request

1. Meeting Date Requested:

12/28/22

2. Session:

☒ Open ☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution, entitled Emergency Amendment to the Election Law

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

☐ Programs/Services

☐ MIS

☒ Boards, Committees, or Commissions

Committee

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

Public Packet

39 of 189

6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☒ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

David P. Jordan, Councilman

Primary Requestor:

Clorissa N. Leeman, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

Public Packet

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Public Packet

41 of 189

Public Packet

Oneida Nation

42 of 189

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendment to the Election Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993

for the purpose of governing the procedures for the conduct of orderly elections of the

Nation, and was most recently amended by the General Tribal Council through resolution

GTC-04-23-17-A; and

WHEREAS,

the Oneida Election Board has requested emergency amendments to the Election law to

address the selection of the 2023 General Election date; and

WHEREAS,

section 102.9-1 of the Election law requires that the General Tribal Council select the date

of the general election at the annual meeting in January, or the first meeting held that year;

and

WHEREAS,

the Oneida Election Board provided expressed concern that there is the possibility that the

General Tribal Council will not be able to meet in January, or soon after, to select the 2023

General Election date; and

WHEREAS,

the proposed emergency amendment to the Law allows the Oneida Business Committee

to select the election date if the General Tribal Council is unable to meet to select the

election date by February 1st of a year; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months, renewable

for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the

immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible

under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of the amendments to the Law are necessary for the preservation

of the general welfare of the Reservation population to ensure that the 2023 General

Election can occur in accordance with the requirements of the Election law; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of these

amendments would be contrary to public interest and the process and requirements of the

Legislative Procedures Act cannot be completed in time to allow a date to be selected for

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BC Resolution _____________

Emergency Amendments to the Election Law

Page 2 of 2

the 2023 General Election that provides the Oneida Election Board enough time to properly

plan and prepare for the Nation to hold the 2023 General Election in July 2023; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency

amendment to the Election Law effective immediately.

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendment to the Election law

Summary

This resolution adopts an emergency amendment to the Election law to allow the Oneida Business

Committee to select the election date if the General Tribal Council is unable to meet to select the

election date by February 1st of a year. [1 O.C. 102.10-2].

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: December 14, 2022

Analysis by the Legislative Reference Office

This resolution adopts an emergency amendment to the Election law. The Election law governs

the procedures for the conduct of orderly elections of the Nation, including pre-election activities

such as caucuses and nominations. [1 O.C. 102.1-1]. The emergency amendment to the Election

law will allow the Oneida Business Committee to select the election date if the General Tribal

Council is unable to meet to select the election date by February 1st of a year. [1 O.C. 102.10-2].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is

necessary for the immediate preservation of the public health, safety, or general welfare of the

Reservation population and when enactment or amendment of legislation is required sooner than

would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement

are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].

Section 102.9-1 of the Election law requires that the General Tribal Council select the date of the

general election at the annual meeting in January, or the first meeting held that year. The Oneida

Election Board expressed concern that there is the possibility that the General Tribal Council will

not be able to meet in January, or soon after, to select the 2023 General Election date, and asked

for emergency amendments to be made to the Election law to provide guidance on how this

concern should be handled.

The resolution provides that the emergency amendment to the Election law is necessary for the

preservation of the general welfare of the Reservation population to ensure that the 2023 General

Election can occur in accordance with the requirements of the Election law.

Additionally, observance of the requirements under the LPA for the adoption of the amendment to

the Election law would be contrary to public interest and the process and requirements of the

Legislative Procedures Act cannot be completed in time to allow a date to be selected for the 2023

General Election that provides the Oneida Election Board enough time to properly plan and prepare

for the Nation to hold the 2023 General Election in July 2023.

Page 1 of 2

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The adoption of the emergency amendment to the Election law will take effect immediately upon

adoption by the Oneida Business Committee. The emergency amendment to the Election law will

remain effective for six (6) months. The LPA provides the possibility to extend the emergency

amendment for an additional six (6) months, or until the emergency amendment expires or is

permanently adopted. [1 O.C. 109.9-5(b)].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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Analysis to Emergency Draft 1

2022 12 28

ELECTION LAW EMERGENCY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of Emergency

Legislation

Analysis by the Legislative Reference Office

Allow the Oneida Business Committee to select the election date if the

General Tribal Council is unable to meet to select the election date by

February 1st of a year. [1 O.C. 102.9-1].

To govern the procedures for the conduct of orderly elections of the Nation,

including pre-election activities such as caucuses and nominations. [1 O.C.

102.1-1]

Oneida Nation Election Board, General Tribal Council, Oneida Business

Committee.

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Emergency legislation expires six (6) months after adoption and may be

renewed for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the

General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly

elections of the Nation. [1 O.C. 102.1-1].

B. Request for Emergency Amendments. On November 30, 2022, during the presentation of the Oneida

Election Board’s quarterly report, the Oneida Business Committee adopted a motion to request the

Legislative Operating Committee to take emergency action on the Election law to address concerns

identified in the event the 2023 Annual General Tribal Council meeting is not held. Section 102.9-1 of

the Election law requires that the General Tribal Council select the date of the general election at the

annual meeting in January, or the first meeting held that year. The Oneida Election Board expressed

concern that there is the possibility that the General Tribal Council will not be able to meet in January,

or soon after, to select the 2023 general election date, and asked for emergency amendments to be made

to the Election law to provide guidance on how this concern should be handled. The Legislative

Operating Committee determined these amendments should be pursued on an emergency basis for the

immediate preservation of the general welfare of the Reservation population.

SECTION 3. CONSULTATION AND OUTREACH

•

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

and legislative analysis:

 Oneida Election Board.

The Legislative Operating Committee has held the following work meetings specific to the proposed

emergency amendments to this Law:

Page 1 of 3

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Analysis to Emergency Draft 1

2022 12 28



December 13, 2022: LOC work meeting.

SECTION 4. PROCESS

A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact an emergency legislation where legislation is necessary for the immediate

preservation of public health, safety, or general welfare of the Reservation population and enactment

or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].

 The emergency adoption of amendments to this Law are necessary for the preservation of the

general welfare of the Reservation population in order to ensure that the 2023 General Election can

occur in accordance with the requirements of the Election law.

 Observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest and the process and

requirements of the Legislative Procedures Act cannot be completed in time to allow a date to be

selected for the 2023 General Election that provides the Oneida Election Board enough time to

properly plan and prepare for the Nation to hold the 2023 General Election in July 2023.

B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required when considering permanent adoption of this Law.

D. The Legislative Operating Committee added these emergency amendments to the Active Files List on

December 7, 2022.

SECTION 5. CONTENTS OF THE LEGISLATION

SECTION 6. EXISTING LEGISLATION

D. Selection of the Election Date. The Election law requires that the General Tribal Council shall set the

election date at the January annual meeting, or at the first GTC meeting held during a given year. [1

O.C. 102.9-1]. The proposed amendments add a provision to the Law which provides that if the General

Tribal Council is unable to meet to select the election date by February 1st, then the Oneida Business

Committee shall select the election date. [1 O.C. 102.9-1].

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption

of laws of the Nation which includes taking into account comments from members of the

Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

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Analysis to Emergency Draft 1

2022 12 28

The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of these proposed emergency amendments would conform with the

requirements of the Legislative Procedures Act.



SECTION 7. OTHER CONSIDERATIONS

A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law

expire six (6) months after adoption. The emergency legislation may be renewed for an additional six

(6) month period.

 Conclusion: The Legislative Operating Committee will need to determine if the adoption of these

amendments is necessary on a permanent basis, and if so, develop the permanent amendments to

this Law within the next six (6) to twelve (12) months.

B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

100

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

101

emergency legislation [1 O.C. 109.6-1].

102

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Public Packet

102.1.

102.2.

102.3.

102.4.

102.5.

102.6.

102.7.

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Draft 1 for OBC Emergency Consideration

2022 12 28

Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

Candidate Eligibility

Selection of Candidates

Notice of Polling Places

102.8. Registration of Voters

102.9. Election Process

102.10. Tabulating and Securing Ballots

102.11. Election Outcome and Ties

102.12. Elections

102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy

102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an allowance

made for write-in candidates on ballots.

102.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all

procedures used in the election process.

102.2. Adoption, Amendment, Repeal

102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A., and

amended on an emergency basis by resolution BC-__-__-__-__.

102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to

the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding

amendments to this law and policies adopted regarding implementation of this law are to be

presented to the Business Committee who shall then adopt or forward action(s) to the General

Tribal Council for adoption.

102.2-3. 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.

102.2-4. 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.

102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

102.3. Definitions

102.3-1. 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.

102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding

holidays of the Nation.

102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to

support or reject a particular candidate of the Nation including, without limitation, advertising,

rallying, public speaking, or other communications with members of the Nation.

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102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is

placed on the ballot by the Election Board after successful application.

102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.

102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political

or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,

member of any board, committee or commission, or their immediate relatives, friends or

associates, or any other person with whom they have contact, that conflicts with any right of the

Nation to property, information, or any other right to own and operate its enterprises, free from

undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in

any law or policy of the Nation.

102.3-10. “Election” shall mean every primary and election.

102.3-11. “General election” shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Nation.

102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

102.3-15. “Nation” means the Oneida Nation.

102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by

the Nation for the benefit of transmitting news to members of the Nation, which is designated by

the Election Board as a source for election related news.

102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

police officer on any police force.

102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)

years of age or older.

102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating

machine.

102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.

102.4. Election Board

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Section A. Establishment, Composition and Election

102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this

law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.

102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be

elected to terms of three (3) years, not to exceed two (2) consecutive terms.

102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an

Election Board member in any pre-election, election day, or post-election activities while he or

she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest.

102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member

who is removed from the Election Board shall be ineligible to serve on the Board for three (3)

years from the time he or she is removed from the Election Board.

102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the

Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed

to correspond with the pre-election activities and the needs of the Election Board.

102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.

102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to

the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.

102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in

the By-laws of the Election Board, to preside over the meetings. This selection shall be carried

out at the first meeting of the Election Board following an election. The Chairperson shall then

ask the Election Board to select a Vice-Chairperson and Secretary.

Section B. Duties of the Election Board

102.4-9. The Election Board shall have the following duties, along with other responsibilities listed

throughout this law.

(a) The Election Board shall be in charge of all registration and election procedures; and

(b) Upon completion of an election, the Election Board shall make a final report on the

election results as set out in this law.

Section C. Specific Duties of Officers and Election Board Members

102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to

being present at all Election Board meetings and assisting the handicapped through the voting

process, are as set out herein:

(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing

body for applicants found to be ineligible in accordance with 102.5-6 in the event of an

appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust

Enrollment Department personnel when their election day duties are complete; and shall

post and report election results.

(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.

Secretary, other Election Board members and the public as required in the Open Records

and Open Meetings Law.

(d) Clerks: Shall implement the requirements of identifying and registering all voters and

determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment

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Department personnel in the registration process, and assist the Chairperson as directed in

conducting the election. Clerks cannot be currently employed by the Trust Enrollment

Department.

(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as

determined by this law. Shall assist the Chairperson in conducting the election.

(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted

under this law. In case of disputes among Election Board members, or between members

of the Nation and Election Board members, or any controversy regarding voter eligibility,

the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall

also ensure that all ballots of voters whose eligibility may be in question, remain

confidential.

Section D. Compensation Rates

102.4-11. Election Board members are to be compensated at an hourly rate when conducting

elections as provided for in the Election Board’s bylaws as approved by the Business Committee.

The Election Board shall have a budget, approved through the Nation’s budgeting process.

102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be

compensated at their regular rate of pay out of their respective budgets.

102.5. Candidate Eligibility

Section A. Requirements

102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section

in order to become a candidate.

102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:

(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.

(b) be a qualified voter on the day of the election.

been nominated or for which they have petitioned. Proof of residency may be through one

(1) or more of the following:

(1) a valid Wisconsin driver’s license;

(2) a bill or pay check stub showing name and physical address of the candidate

from the prior or current month;

(3) another form of proof that identifies the candidate and that the candidate has

physically resided at the address and identifies that address as the primary

residence.

102.5-3. No applicant may have a conflict of interest with the position for which they are being

considered, provided that any conflict of interest which may be eliminated within thirty (30)

calendar days of being elected shall not be considered as a bar to nomination or election.

102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be

filed by presenting the information to the Nation’s Secretary, or designated agent, during normal

business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus.

No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted.

102.5-5. The names of the candidates and the positions sought shall be a public record and made

available to the public upon the determination of eligibility by the Election Board or the Board’s

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designated agent.

Section B. Eligibility Review

102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.

At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall

select the hearing body. The hearing shall be held within two (2) business days of receipt of the

appeal. The applicant shall be notified by phone of time and place of the hearing. The decision

of the hearing body shall be sent via certified mail or hand delivery within two (2) business days

of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the

Judiciary on an accelerated schedule.

102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to

verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position

shall be notified by certified mail return receipt requested. The notice shall provide the following

information:

(a) Position for which they were considered

(b) Qualification of the position and citation of the source. (Copies of source may be

attached.)

(d) That the applicant has two (2) business days from notification to make an appeal.

Appeals must be filed at the location designated on the notice by hand delivery. The

location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or

other delivery method will be accepted.

Section C. Campaign Financing

102.5-8. Contributions:

(a) Solicitation of Contributions by Candidates.

(1) Candidates shall only accept contributions from individuals who are members

of the Nation or individuals related by blood or marriage to the candidate.

Candidates may not accept contributions from any business, whether sole

proprietorship, partnership, corporation, or other business entity.

(2) Candidates shall not solicit or accept contributions in any office or

business/facility of the Nation.

(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business Committee.

102.5-9. Campaign Signs and Campaigning:

(a) Placement of campaign signs:

(1) Campaign signs shall not be posted or erected on any property of the Nation

except for private property with the owner/tenant’s permission.

(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum

of seven (7) such signs may be placed on a building or on a lot.

(3) No campaign sign shall project beyond the property line into the public right

of way.

(b) Removal of campaign signs. All campaign signs shall be removed within five (5)

business days after an election.

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during work hours. The Nation’s employees shall be subject to disciplinary action under

the personnel policies and procedures for political campaigning during work hours.

(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign

signs that are not in compliance with this law, in accordance with the Zoning and Shoreland

Protection Law.

(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the

Election Board in an amount specified in a resolution adopted by the Business Committee.

Section D. Candidate Withdrawal

102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by

the candidate prior to submission of the ballot for printing to any Election Board member,

excluding alternates.

102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the

election by submitting in writing a statement indicating they are withdrawing from the election

prior to the opening of the polls to any Election Board member, excluding alternates. This

statement shall be posted alongside any sample ballot printed prior to the election in the newspaper

or any posting at the polling places.

102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the

Election Board members in charge of the polling place, to be removed from the ballot. The written

statement shall be posted next to any posted sample ballot.

102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from

which they have withdrawn regardless of the number of votes cast for that candidate. A written

statement shall be considered the only necessary evidence of withdrawal and acceptance of denial

of any position withdrawn from.

102.5-14. Candidate Withdrawal After Winning an Election.

(a) In the event a candidate declines an office after winning an election, the Election Board

shall declare the next highest vote recipient the winner. This procedure shall be repeated

as necessary until a winner is declared.

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

2.6. Selection of Candidates

Section A. Setting of Caucus

102.6-1. The Election Board shall be responsible for calling a caucus before any election is held.

The caucus for the general election shall be held at least ninety (90) calendar days prior to the

election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior

to the election date. In a general election year, caucuses shall be combined so that candidates for

the Business Committee and elected boards, committees and commissions are nominated at the

same caucus.

102.6-2. The procedures for the caucus shall be as follows:

(a) Candidates shall be nominated from the floor.

(b) Candidates present at the caucus will accept/decline their nomination at the caucus.

Candidates nominated at the caucus, but not present to accept the nomination, shall be

required to follow the petition process.

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Treasurer, Secretary, Council Member and other elected positions as required by by-laws

or creating documents of a board, committee, or commission.

Section B. Petition

102.6-3. Any eligible member of the Nation may petition to be placed on a ballot according to the

following procedures:

(a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s

original signatures; photocopies shall not be accepted.

(b) Petitioners shall use an official petition form as designated by this law which may

be obtained in the Office of the Nation’s Secretary or from the mailing for that caucus.

(1) printed name and address;

(2) date of birth;

(3) Oneida Nation Enrollment Number; and

(4) signature.

(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as

defined under this law.

(e) Petitions shall be presented to the Nation’s Secretary, or designated agent, during

normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to

close of business five (5) business days after the caucus. The location to drop-off

petitions shall be identified in the mailing identifying the caucus date.

(f) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson

the next business day following the close of petition submissions.

(g) The Election Board shall have the Trust Enrollment Department verify all

signatures contained on the petition.

102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a

judicial court or commission, shall not run for more than one (1) elective office or seat per election.

102.7. Notice of Polling Places

102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of

the polling places and the time the polls will be open. This notice shall also be posted in an easily

visible position, close to the entrance of the Nation’s businesses/facilities.

102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the

election, and shall remain posted until the poll closes on the day of the election.

102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation

members, stating the time and place of the election and a sample of the ballot, no less than ten (10)

calendar days prior to the election, through a mass mailing. The Trust Enrollment Department

shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior

to the requested mailing.

102.7-4. Notice of the election shall be placed in the Nation’s newspaper.

102.8. Registration of Voters

Section A. Requirements

102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years

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of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the

Oneida Nation Constitution.

Section B. Identification of Voters

102.8-2. All voters must present one of the following picture identifications in order to be able to

vote:

(a) Oneida Nation I.D.

(b) Drivers License.

Section C. Registration Procedures

102.8-3. Voters shall physically register, on the day of the election, at the polls.

102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment

with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election

Officials during the voting period.

102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration

Form containing the voter’s following information:

(a) name and maiden name (if any);

(b) current address;

(d) enrollment number.

Section D. Qualification/Verification of Voter Eligibility

102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,

the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with

the Trust Enrollment Department personnel who are registering voters, to decide the voting

member’s eligibility currently being questioned and shall make such decisions from the facts

available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation

Constitution, Article III Section 2, to vote in the Nation’s elections.

102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be

placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of

the voter shall be written next to a numbered list which corresponds to the numbered and sealed

envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box

413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they

desire to challenge the decision made by the Election Officials. The Election Board shall make a

final decision, within five (5) business days of receiving the appeal and shall report this decision

in the final report sent to the Oneida Business Committee.

102.9. Election Process

Section A. Polling Places and Times

102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections

shall be held in the month of July on a date set by the General Tribal Council. The General Tribal

Council shall set the election date at the January annual meeting, or at the first GTC meeting held

during a given year. If the General Tribal Council is unable to meet to select the election date by

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February 1st, then the Oneida Business Committee shall select the election date. Special Elections

shall be set in accordance with 102.12-6.

102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election

Board.

102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line

to vote at 7:00 p.m. shall be allowed to vote.

(a) If a ballot counting machine is used, the ballot counting machine shall be prepared

prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four

(4) members of the Nation verify, through signature on the tape, the ballot box is empty

and the ballot counting machine printer tape has a zero (0) total count.

102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,

and until the counting of ballots is completed, and tentative results posted.

102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such

that there is an area with at least two sides and a back enclosure.

102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of

the voting area, excluding private property.

102.9-7. No one causing a disturbance shall be allowed in the voting area.

102.9-8. Election Board members may restrict the voting area to qualified voters only. This

restriction is in the interest of maintaining security of the ballots and voting process.

Section B. Ballot Box

102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and

shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,

the ballots may be placed within the ballot counting machine as they are received.

Section C. Spoiled Ballots

102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.

102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials

and placed in an envelope marked as "Spoiled Ballots."

102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)

calendar days following finalization of any challenge of the election, at the Records Management

Department.

Section D. Rejected Ballots

102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.

(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the

authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final

computer total, provided that, a new ballot was not received as set out in sections 102.9-10

through 102.9-12.

(b) Ballots rejected, either during the computer process or during a manual counting, shall

be reviewed by the Election Officials to verify that they are authentic. If the Election

Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the

ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.”

102.10. Tabulating and Securing Ballots

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Section A. Machine Counted Ballots

102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate

from the ballot counting machine copies of the election totals from the votes cast.

102.10-2. At least six (6) Election Board members shall sign the election totals, which shall

include the tape signed by the members of the Nation before the polls were opened per section

102.9-3(a).

Section B. Manually Counted Ballots

102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the

ballot box and remove the ballots.

102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall

be secured in a sealed container for transportation to the ballot counting location. The sealed

ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election

Officials for counting/tallying of ballots.

102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and

witnessed/monitored by an Oneida Police Officer.

102.10-6. Ballots must be counted by two different Election Officials until two final tallies are

equal in back to back counting. Final tallies shall be verified by the Election Judges.

Section C. Securing Ballots

102.10-7. The Judges shall place together all ballots counted and secure them together so that they

cannot be untied or tampered with without breaking the seal. The secured ballots, and the election

totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container

in such a manner that the container cannot be opened without breaking the seals or locks, or

destroying the container. The Oneida Police Officer shall then deliver, on the day of the election,

the sealed container to the Records Management Department for retaining.

102.11. Election Outcome and Ties

Section A. Election Results Announcement

102.11-1. The tentative results of an election shall be announced and posted by the Election Board

within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain

the following statement:

"The election results posted here are tentative results. Final election results are forwarded

by the Oneida Election Board to the Oneida Business Committee via a Final Report after

time has lapsed for recount requests, or challenges or after all recounts or challenges

have been completed, whichever is longer”

102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s

newspaper, the tentative results of an election.

Section B. Tie

102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to

determine the outcome of an election, the Election Board shall conduct an automatic recount of

the votes for each candidate receiving the same number of votes. Any recount conducted shall be

the only recount allowed for the tied candidates.

102.11-4. For Business Committee positions, a run-off election between the candidates with the

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same number of votes shall be held if there remains a tie after the recount. Said run-off election

shall be held within twenty one (21) calendar days after the recount. For all other positions, if

there remains a tie after the recount, the Election Board shall decide the winner of the tied positions

at least two (2) business days after, but no more than five (5) business days after the recount

through a lot drawing, which shall be open to the public.

(a) The Election Board shall notify each of the tied candidates and the public of the date,

time, and place of the drawing at least one (1) business day before the drawing. Notice to

the tied candidates shall be in writing. Notice to the public shall be posted by the Election

Board in the prominent locations.

(b) On the date and at the time and place the drawing was noticed, the Election Board

Chairperson shall clearly write the name of each tied candidate on separate pieces of paper

in front of any witnesses present. The pieces of paper shall be the same, or approximately

the same, color, size, and type. The papers shall be folded in half and placed in a container

selected by the Election Board Chairperson.

from the container. The candidate whose name is drawn from the container first shall be

declared the winner. An Election Board member other than the Chairperson shall remove

the remaining pieces of paper from the container and show them to the witnesses present.

Section C. Recount Procedures

102.11-5. A candidate may request the Election Board to complete a recount, provided the margin

between the requesting candidate’s vote total and vote total for the unofficial winner was within

two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is

greater. A candidate requests a recount by hand delivering a written request to the office of the

Nation’s Secretary, or noticed designated agent, within five (5) business days after the election.

Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact

the Election Board Chairperson by the next business day after the request for recounts.

102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the

request regarding the results of the recount. Provided that, no recount request need be honored

where there have been two (2) recounts completed as a result of a request either as a recount of the

whole election results, or of that sub-section.

102.11-7. All recounts shall be conducted manually with, if possible, the original Election

Officials and Oneida Police Officer present, regardless of the original type of counting process.

Manual recounts may, at the discretion of the Election Officials, be of the total election results, or

of the challenged sub-section of the election results.

102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed

container with the ballots from the Records Management Department and transporting it to the

ballot recounting location.

102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three

(3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election

Board Chairperson and an Oneida Police Officer shall witness the recount.

102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be

counted until two (2) final tallies are equal in back to back counting and the total count of ballots

reconciles with the total count from the ballot counting machine. Sub-sections of candidates may

be recounted in lieu of a full recount.

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(a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be

counted twice by different persons and certified by the Judges.

(b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior

to using an electronic ballot counting device, it shall be certified as correct either by the

maker, lessor of the machine, or Election Board.

Section D. Challenges and Declaration of Results

102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a

complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall

hear and decide a challenge to any election within two (2) business days after the challenge is filed.

Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after

the issuance of the lower body’s decision and decided within two (2) business days after the appeal

is filed.

(a) The person challenging the election results shall prove by clear and convincing

evidence that the Election Law was violated or an unfair election was conducted, and that

the outcome of the election would have been different but for the violation.

(b) If the Judiciary invalidates the election results, a Special Election shall be ordered by

the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon

as the Election Law allows for a Special Election.

102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s

Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges

have been completed, whichever is longer. The Final Report shall consist of the following

information:

(a) Total number of persons voting.

(b) Total votes cast for each candidate by subsection of the ballot.

(d) List of candidates elected and position elected to.

(e) Number of spoiled ballots.

(f) Cost of the election, including the compensation paid to each Election Board member.

102.11-13. Declaration of Results. The Business Committee shall declare the official results of

the election and send notices regarding when the swearing in of newly elected officials shall take

place within ten (10) business days after receipt of the Final Report.

102.11-14. Candidates elected to the Business Committee shall resign from any salaried position

effective prior to taking a Business Committee oath of office

102.11-15. Except in the event of an emergency, as determined by the Business Committee,

newly elected officials shall be sworn into office no later than thirty (30) calendar days after the

official results of an election are declared by the Business Committee.

(a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall

be considered vacant and the Election Board shall declare the next highest vote recipient

the winner. This procedure shall be repeated as necessary until a winner is declared.

(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a

Special Election shall be held.

102.11-16. The Election Board shall send notice to the Records Management Department to

destroy the ballots thirty (30) calendar days after the election or after the final declaration of official

election results occurs, whichever is longer.

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102.12. Elections

Section A. Primary Elections; Business Committee

102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty

(60) calendar days prior to the election.

102.12-2. There shall be a primary election for Business Committee positions whenever there are

three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions.

(a) The two (2) candidates receiving the highest number of votes cast for each officer

position shall be placed on the ballot.

(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large

council member positions shall be placed on the ballot.

shall include all candidates where the tie exists.

102.12-3. The Election Board shall cancel the primary election if the Business Committee

positions did not draw the requisite number of candidates for a primary by the petitioning deadline

set for the primary.

102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a

winner in the primary, the Election Board shall declare the next highest primary vote recipient the

primary winner. This procedure shall be repeated as necessary until the ballot is full or until there

are no available candidates. If the ballot has already been printed, the procedures for notifying the

Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to

print a notice in the Nation’s newspaper if time lines allow.

Section B. Special Elections

102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as

defined in this law, may be placed on the same ballot as the subject matter of an election.

102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business

Committee as recommended by the Election Board or as ordered by the Judiciary in connection

with an election challenge.

102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent

locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the

Special Election.

102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided

that no less than twenty-four (24) hours notice of the rescheduled election date is given to the

voters, by posting notices in the prominent locations.

Section C. Referendums

102.12-9. Registered voters may indicate opinions on any development, law or resolution,

proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special

referendum election.

(a) Referendum elections in which a majority of the qualified voters who cast votes shall

be binding on the Business Committee to present the issue for action/decision at General

Tribal Council.

(b) Referendum requests may appear on the next called for election.

1 O.C. 102 – page 13

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caucus prior to election, regarding issues directly affecting the Nation or general

membership.

Section D. Initiation of Special Elections

102.12-10. Special Elections may be initiated by a request or directive of the General Tribal

Council or the Oneida Business Committee.

102.12-11. Special Election may be requested by a member of the Nation to the Business

Committee or General Tribal Council.

102.12-12. All Special Elections shall follow rules established for all other elections. This includes

positions for all Boards, Committees and Commissions.

102.13. Oneida Nation Constitution and By-law Amendments

102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida

Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition

of qualified voters. The requirements for the Oneida Business Committee’s initiation of

Constitutional amendments are as provided in the Constitution and as further detailed in the

supporting standard operating procedures which the Oneida Business Committee shall adopt.

Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting

a petition to the Office of the Nation’s Secretary which includes the full text of the proposed

amendments and signatures that are equal in number to at least ten percent (10%) of all members

qualified to vote.

(a) Qualified voters may request a petition form from the Office of the Nation’s Secretary.

(b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall

direct the Trust Enrollment Department to calculate the number of signatures currently

required for a petition submittal, which shall be ten percent (10%) of all members qualified

to vote on the date the petition form is requested from the Office of the Nation’s Secretary.

When the Nation’s Secretary receives the calculation from the Trust Enrollment

Department, the Nation’s Secretary shall provide the requester with the petition form and

the number of signatures that are currently required.

minimum of ninety (90) days prior to the election at which the proposed amendment is to

be voted upon. If a petition includes supporting materials in addition to the petition form,

each qualified voter signing the petition shall also acknowledge that the supporting

materials were available for review at the time he or she signed the petition by initialing

where required on the petition form.

(d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment

Department for verification of signatures and to the Election Board to provide notice that

the petition may need to be placed on an upcoming ballot.

(e) If the petition is verified by the Trust Enrollment Department to contain signatures from

at least ten percent (10%) of all qualified voters, the Election Board shall make an official

announcement of the proposed amendments to the Oneida Nation Constitution at least sixty

(60) days prior to the election at which the proposed amendments are to be voted on.

102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation

Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general

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election. Provided that, the Oneida Business Committee or General Tribal Council may order a

special election be held to consider the proposed amendments. In such circumstances, the Election

Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the

next special election.

102.13-3. The Election Board shall publish any proposed amendments by publishing a sample

ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust

Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty

(20) calendar days prior to the requested mailing. Copies of such publications shall be prominently

posted in each polling place and at administrative offices of the Nation and shall also be published

in official Oneida media outlets, which the Oneida Business Committee shall identify by

resolution. For the purposes of this section, Oneida administrative offices means the location

where the Oneida Business Committee conducts business.

102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of

the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall

ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a

true and impartial statement and is written in such a manner that does not create prejudice for or

against the proposed amendment.

102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed

amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that

amendment shall become part of the Constitution and By-laws, and shall abrogate or amend

existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission

of the final election report.

102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the

amendment receiving the highest affirmation vote prevails.

End.

Adopted - June 19, 1993

Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda)

Presented for Adoption of 1997 Revisions - GTC-7-6-98-A

Amended- October 11, 2008 (General Tribal Council Meeting)

Amended-GTC-01-04-10-A

Amended – BC-02-25-15-C

Amended – GTC-04-23-17-A

Emergency Amended – BC-03-17-20-B

Emergency Amended – BC-05-13-20-H

Emergency Amended – BC-06-24-20-B (Expired at Conclusion of 2020 General Election)

Emergency Amended – BC-04-28-21-B (Expired)

Emergency Amended – BC-07-13-22-E

Emergency Amended – BC-__-__-__-__

1 O.C. 102 – page 15

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102.1.

102.2.

102.3.

102.4.

102.5.

102.6.

102.7.

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Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla

People of the Standing Stone how it is we will appoint them the kind of laws we have

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

Candidate Eligibility

Selection of Candidates

Notice of Polling Places

102.8. Registration of Voters

102.9. Election Process

102.10. Tabulating and Securing Ballots

102.11. Election Outcome and Ties

102.12. Elections

102.13. Oneida Nation Constitution and By-law Amendments

102.1. Purpose and Policy

102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and nominations.

Because of the desire for orderly and easily understood elections, there has not been an allowance

made for write-in candidates on ballots.

102.1-2. This law defines the duties and responsibilities of the Election Board members and other

persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all

procedures used in the election process.

102.2. Adoption, Amendment, Repeal

102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A, and

amended on an emergency basis by resolution BC-__-__-__-__.

102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to

the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding

amendments to this law and policies adopted regarding implementation of this law are to be

presented to the Business Committee who shall then adopt or forward action(s) to the General

Tribal Council for adoption.

102.2-3. 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.

102.2-4. 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.

102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

102.3. Definitions

102.3-1. 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.

102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on

the Election Board during an election and until election results have been certified.

102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for

acceptance on a ballot.

102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding

holidays of the Nation.

102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to

support or reject a particular candidate of the Nation including, without limitation, advertising,

rallying, public speaking, or other communications with members of the Nation.

1 O.C. 102 – page 1

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102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is

placed on the ballot by the Election Board after successful application.

102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose

of determining voter eligibility.

102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.

102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political

or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,

member of any board, committee or commission, or their immediate relatives, friends or

associates, or any other person with whom they have contact, that conflicts with any right of the

Nation to property, information, or any other right to own and operate its enterprises, free from

undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in

any law or policy of the Nation.

102.3-10. “Election” shall mean every primary and election.

102.3-11. “General election” shall mean the election held every three (3) years in July to elect the

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the

Business Committee and may include contests for elected boards, committees and commissions

positions.

102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of

discrepancies, complaints and controversy regarding voter eligibility.

102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of

the Nation.

102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the

winner of an elected position, in the case of a tie between two (2) or more candidates.

102.3-15. “Nation” means the Oneida Nation.

102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by

the Nation for the benefit of transmitting news to members of the Nation, which is designated by

the Election Board as a source for election related news.

102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

police officer on any police force.

102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential

dwelling or a privately owned business within the boundaries of the Reservation.

102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill

Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the SEOTS building and all One-Stop locations.

102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)

years of age or older.

102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating

machine.

102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred

and is not tabulated.

102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.

102.4. Election Board

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