Oneida Business Committee (2022)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, July 13, 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.

OATH OF OFFICE

VI.

Oneida Public Safety Pension Board - Dustin Muenster

Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission

MINUTES

Approve the June 8, 2022, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the June 14, 2022, emergency Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Adoption of the Elder Assistance Program Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Elder Assistance Program Application Submission Period

and Disbursement Timeframe for 2022

Sponsor: David P. Jordan, Councilman

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Adopt resolution entitled Oneida Nation Assistance Fund Application Submission

Period and Disbursement Timeframe for 2022

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Adoption of the Healing to Wellness Court Law

Sponsor: David P. Jordan, Councilman

Adopt the resolution entitled Adoption of an Emergency Amendment to the Election

Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until September 20, 2022

Sponsor: Kaylynn Gresham, Director/Emergency Management

Adopt resolution entitled Authorization of 80 Hours of Trade Back for Cash for Fiscal

Year 2022

Sponsor: Todd VanDen Heuvel, Executive HR Director

Enter the e-poll results into the record regarding the adopted BC resolution 06-2022-A Declaration of Emergency Resulting from the Damages Caused by the June 15,

2022, Severe Weather and Tornado

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the adopted BC resolution 06-2122-A Amendment to Resolution BC-04-27-22-B Removing Restrictions on Use of the

Donation

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the adopted BC resolution 06-2222-A Oneida Nation American Rescue Plan Act of 2021 Bureau of Indian Affairs

Housing Improvement Spending Plan

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the adopted BC resolution 06-2822-A Summer Savings at the Pump Program

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the adopted BC resolution 07-0122-A Fireworks Display for 48th Annual Oneida Nation Pow Wow

Sponsor: Lisa Liggins, Secretary

APPOINTMENTS

Determine next steps regarding one (1) vacancy - Anna John Resident Centered

Care Community Board

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding ten (10) vacancies- Oneida Election Board Alternate

Sponsor: Lisa Liggins, Secretary

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Determine next steps regarding one (1) vacancy - Oneida ESC Group, LLC

Sponsor: Lisa Liggins, Secretary

Determine next steps regarding two (2) vacancies - Southeastern Wisconsin Oneida

Tribal Services Advisory Board

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the April 7, 2022, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

Accept the May 5, 2022, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

FINANCE COMMITTEE

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

Sponsor: Tina Danforth, Treasurer

Accept the June 13, 2022, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Accept the June 1, 2022, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

Accept the June 15, 2022, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

Accept the March 17, 2022, regular Quality of Life Committee meeting minutes

Sponsor: Marie Summers, Councilwoman

Accept the May 19, 2022, regular Quality of Life Committee meeting minutes

Sponsor: Marie Summers, Councilwoman

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STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions

Adopt resolution entitled Obligation for 140HP Loader Tractor Utilizing Tribal

Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for 140HP Mixer Tractor Utilizing Tribal

Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for 6155M Cab Tractor with Crimper

Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for MS 400 VB Spreader Utilizing Tribal

Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Regenerative Agriculture

Consultation Assessment Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Public Arts and Arts Survey Utilizing

Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Oneida National Treasures

Recognition Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Oneida Nation Student Relief Fund

Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Oneida Nation Home Infrastructure

Program Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

10.

Adopt resolution entitled Obligation for Oneida Nation Home Repair and

Improvement Program Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

11.

Adopt resolution entitled Obligation for Oneida Nation Food Assistance

Program Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

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TRAVEL REPORTS

Approve the travel report - Chairman Tehassi Hill - National Republican

Congressional Committee Event - Sarasota, FL - March 25-28, 2022

Sponsor: Tehassi Hill, Chairman

Approve the travel report - Treasurer Tina Danforth - SEOTS Food Card Distribution Milwaukee, WI - November 17-20, 2021

Sponsor: Tina Danforth, Treasurer

Approve the travel report - Treasurer Tina Danforth - State of the Tribes Address Madison, WI - February 21-22, 2022

Sponsor: Tina Danforth, Treasurer

Approve the travel report - Treasurer Tina Danforth - National Association of

Financial Assessments Officers 40th Annual Conference - Seattle, WA - April 3-5,

2022

Sponsor: Tina Danforth, Treasurer

Approve the travel report - Treasurer Tina Danforth - Native American Bank Board

Meeting - Denver, CO - April 18-19, 2022

Sponsor: Tina Danforth, Treasurer

Approve the travel report - Councilman David P. Jordan, Councilman Kirby Metoxen,

Councilwoman Marie Summers - Reservation Economic Summit "RES 2022" - Las

Vegas, NV - May 23-26, 2022

Sponsor: Marie Summers, Councilwoman

TRAVEL REQUESTS

Approve the travel request - Treasurer Tina Danforth - Native American Finance

Officers Association (NAFOA) 2022 Fall Finance & Tribal Economies Conference Mashantucket, CT - October 2-5, 2022

Sponsor: Tina Danforth, Treasurer

Approve the travel request - Secretary Lisa Liggins - Assembly Democratic

Campaign Committee Fundraiser - Wisconsin Dells, WI - July 26-27, 2022

Sponsor: Lisa Liggins, Secretary

Approve the travel request - Councilman Kirby Metoxen - 2022 Wisconsin State Fair Milwaukee, WI - August 5-7, 2022

Sponsor: Kirby Metoxen, Councilman

Approve the travel request - Councilwoman Jennifer Webster - 2022 Secretary's

Tribal Advisory Committee (STAC) meeting - Albuquerque, New Mexico - September

5-10, 2022

Sponsor: Jennifer Webster, Councilwoman

Enter the e-poll results into the record regarding the approved travel for Chairman

Tehassi Hill to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer

meeting in New Buffalo, MI - August 9-11, 2022

Sponsor: Lisa Liggins, Secretary

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XII.

XIII.

Enter the e-poll results into the record regarding the approved travel for Councilman

Kirby Metoxen to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer

meeting in New Buffalo, MI - August 9-12, 2022

Sponsor: Lisa Liggins, Secretary

NEW BUSINESS

Review the Sportsbook Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Review the Three Card Poker Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Review the Four Card Poker Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Approve the development of a Repatriation of Norbert Hill Center working group

Sponsor: Kirby Metoxen, Councilman

Post (1) vacancy - Oneida Election Board

Sponsor: Lisa Liggins, Secretary

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 Chief Financial Officer June 2022 report

Sponsor: Larry Barton, Chief Financial Officer

Accept the Treasurer's May 2022 report (11:30 a.m.)

Sponsor: Tina Danforth, Treasurer

NEW BUSINESS

Accept the June 3, 2022, BC Officer meeting notes

Sponsor: Danelle Wilson, Executive Assistant

Accept the July 5, 2022, BC Officer meeting notes

Sponsor: Danelle Wilson, Executive Assistant

Review application(s) for one (1) vacancy - Anna John Resident Centered

Care Community Board

Sponsor: Lisa Liggins, Secretary

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Review application(s) for ten (10) vacancies - Oneida Election Board Alternate

Sponsor: Lisa Liggins, Secretary

Review application(s) for one (1) vacancy - Oneida ESC Group, LLC

Sponsor: Lisa Liggins, Secretary

Review applications for two (2) vacancies - Southeastern Wisconsin Oneida

Tribal Services Advisory Board

Sponsor: Lisa Liggins, Secretary

Review and determine next steps regarding Complaint #2022-DR06-01

(1:30 p.m.)

Sponsor: Kristal Hill, Executive Assistant

Review and determine next steps regarding Complaint #2022-DR08-02

(1:30 p.m.)

Sponsor: Kristal Hill, Executive Assistant

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

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Oneida Public Safety Pension Board - Dustin Muenster

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Administer Oath of Office to Dustin Muenster for Oneida Public Safety Pension Board

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:

Dustin Muenster, Police Officer

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

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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:

Richard Van Boxtel, Police Commission Chairman

Primary Requestor:

Eric Boulanger, Chief of Police

Revised: 11/15/2021

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Approve the June 8, 2022, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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

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DRAFT

Oneida Business Committee

Executive Session

10:30 AM Tuesday, June 07, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

1:00 PM Wednesday, June 08, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

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

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster;

Arrived at: n/a

Not Present: Treasurer Tina Danforth

Others present: Jo Anne House, Larry Barton, Louise Cornelius, Melinda J. Danforth, Mark W.

Powless, Todd VanDen Heuvel, Danelle Wilson, Chad Fuss, Joseph Sikora;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Council

members: Kirby Metoxen, Marie Summers;

Arrived at: Secretary Lisa Liggins at 1:03 p.m., Councilman David P. Jordan at 1:03 p.m.

Not Present: Council members: Daniel Guzman King, Jennifer Webster;

Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Todd VanDen Heuvel (via Microsoft

Teams1), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via

Microsoft Teams), Rae Skenandore (via Microsoft Teams), Amy Spears (via Microsoft Teams), Justin

Nishimoto (via Microsoft Teams), Clorissa Santiago, Grace Elliott, Carolyn Salutz, Melanie Burkhart (via

Microsoft Teams), Nicole Rommel (via Microsoft Teams), Lori Hill (via Microsoft Teams), Paul Witek (via

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

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

Shannon Davis (via Microsoft Teams), Carol Silva (via Microsoft Teams), Jeanne Calhoun (via Microsoft

Teams), Phyllis Tousey (via Microsoft Teams), Jessica Ryan (via Microsoft Teams), Nancy Barton,

Robert Fowler, Diane Fowler, Courtney Gerzetich, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 1:02 p.m.

For the record: Councilman Daniel Guzman King is out on approved travel attending FY 2023 Bemidji

Area Pre-Negotiation meeting in Bloomington, MN. Councilwoman Jennifer Webster is out on

approved travel attending the Great Lakes Area Tribal Health Board: Indian Health Services PreNegotiations in Minneapolis, MN.

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

sharing, and video meetings.

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II.

OPENING (00:00:31)

Opening provided by Councilman Kirby Metoxen.

Secretary Lisa Liggins arrived at 1:03 p.m.

Councilman David P. Jordan arrived at 1:03 p.m.

III.

ADOPT THE AGENDA (00:00:58)

Motion by Lisa Liggins to adopt the agenda with four (4) additions [1) under the New Business section,

add item Authorize Chairman Tehassi Hill to sign a Letter of Support to the City of Green Bay Plan

Commission regarding Edge of the Woods Housing; 2) under the New Business section, add item

entitled Consider request for use of Economic Development Diversification and Community

Development funds for a donation of $750,000 to Oneida Airport Hotel Corporation for Project ED22003; 3) under the New Business section add item entitled Consider request for use of Economic

Development Diversification and Community Development funds for a donation of $17,637.23 to

Oneida Youth Leadership Institute Fund for the Community Lacrosse Program Project ED22-002; 4)

under the New Business section, add item entitled Approve BC Special Project fund request in the

amount of $4,604.34, for a community meal in regards to the disinterment of two Oneida children from

Carlisle, Pennsylvania Cemetery], seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Item IX.B. was addressed next.

IV.

OATH OF OFFICE

Audit Committee - James Skenandore Jr. - Administered Oath of Office on May 19,

2022 (00:16:37)

Sponsor: Lisa Liggins, Secretary

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

Pending:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

MINUTES

Approve the May 20, 2022, emergency Business Committee meeting minutes

(00:17:05)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to approve the May 20, 2022, emergency Business Committee meeting

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

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

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Approve the May 25, 2022, regular Business Committee meeting minutes

(00:17:30)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to approve the May 25, 2022, regular Business Committee meeting minutes,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens

Abstained:

Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

VI.

RESOLUTIONS

Adopt resolution entitled Emergency Adoption of the Oneida Nation Assistance

Fund Law (00:17:55)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to adopt resolution entitled 06-08-22-A Emergency Adoption of the Oneida

Nation Assistance Fund Law, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

VII.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the May 18, 2022, regular Legislative Operating Committee meeting

minutes (00:22:03)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the May 18, 2022, regular Legislative Operating Committee

meeting minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

VIII.

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions (00:22:30)

No submissions to consider.

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IX.

NEW BUSINESS

Approve two (2) actions - CDC #21-114 - Sacred Burial Grounds Expansion

(00:22:37)

Sponsor: Mark W. Powless, General Manager

Motion by Brandon Stevens to extend the public comment period for Nancy Barton for an additional

five (5) minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Motion by Lisa Liggins to approve the CDC approval package for CDC #21-114 Sacred Burial Grounds

Expansion and activate $150,000 from the CIP budget for CDC #21-114 Sacred Burial Grounds

Expansion, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Motion by Tina Danforth to direct the General Manager to work with Land Management to update all

documents in referencing former family names of acquisitions and to bring back a report to the first

Business Committee meeting in August, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Item IX.C. was addressed next.

Approve contract amendment - Memorandum of Understanding with Brothertown

Indian Nation - file # 2016-0432 (00:03:50)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to approve contract amendment - Memorandum of Understanding with

Brothertown Indian Nation - file # 2016-0432, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Item IV.A. was addressed next.

Support the designation of June 19 as an Oneida Nation paid holiday for the

Juneteenth National Independence Day and forward to the Legislative Operating

Committee for review (00:48:28)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to support the designation of June 19 as an Oneida Nation paid holiday for

the Juneteenth National Independence Day and forward to the Legislative Operating Committee for

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

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens

Abstained:

Tina Danforth, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

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DRAFT

Enter the e-poll results into the record regarding the approved exception to

resolution # BC-01-12-22-A to start the regular Business Committee meeting on

May 25, 2022, at 1:00 p.m. (00:54:22)

Sponsor: Lisa Liggins, Secretary

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

resolution # BC-01-12-22-A to start the regular Business Committee meeting on May 25, 2022, at 1:00

p.m., seconded by Tina Danforth. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Authorize Chairman Tehassi Hill to sign a Letter of Support to the City of Green

Bay Plan Commission regarding the Edge of the Woods Housing (00:54:55)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to authorize Chairman Tehassi Hill to sign a Letter of Support to the City of

Green Bay Plan Commission regarding the Edge of the Woods Housing, seconded by David P.

Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie

Summers

Abstained:

Tina Danforth

Not Present:

Daniel Guzman King, Jennifer Webster

Consider request for use of Economic Development Diversification and

Community Development funds for a donation of $750,000 to Oneida Airport Hotel

Corporation for Project ED22-003 (00:57:35)

Sponsor: Rae Skenandore, Budget Analyst

Motion by Lisa Liggins to rescind BC resolution 07-11-18-A Capital Contribution to Oneida Airport

Hotel Corporation of $750,000 to Improve Parking Lots and Lighting from the Hotel Tax Fund,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Motion by Lisa Liggins to adopt resolution entitled 06-08-22-B Approval of Use of Economic

Development Diversification and Community Development Funds for a Capital Contribution of

$750,000 to Oneida Airport Hotel Corporation for Project ED22-003 with one (1) noted change [1)

change “donation” to “capital contribution” throughout the document], seconded by Kirby Metoxen.

Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

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Consider request for use of Economic Development Diversification and

Community Development funds for a donation of $17,637.23 to Oneida Youth

Leadership Institute Fund for the Community Lacrosse Program Project ED22-002

(01:13:00)

Sponsor: Rae Skenandore, Budget Analyst

Motion by David P. Jordan to adopt resolution entitled 06-08-22-C Approval of Use of Economic

Development Diversification and Community Development Funds for a Donation of $17,637.23 to

Oneida Youth Leadership Institute Fund for the Community Lacrosse Program Project ED22-002,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Approve BC Special Project fund request in the amount of $4,604.34, for a

community meal in regards to the disinterment of two Oneida children from

Carlisle, Pennsylvania Cemetery (01:22:27)

Sponsor: Kirby Metoxen, Councilman

Treasurer Tina Danforth left at 2:26 p.m.

Motion by Lisa Liggins to approve the funding request up to the amount of $6,000 for a community

meal related to the disinterment of two Oneida children from Carlisle, Pennsylvania Cemetery from

the BC Special Projects budget line, seconded by Marie Summers. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Daniel Guzman King, Jennifer Webster

GENERAL TRIBAL COUNCIL

Approve the notice and meeting materials for the tentatively scheduled July 19,

2022, semi-annual General Tribal Council meeting (01:28:47)

Sponsor: Lisa Liggins, Secretary

Treasurer Tina Danforth returned at 2:33 p.m.

Councilman Kirby Metoxen left at 2:51 p.m.

Councilman Kirby Metoxen returned at 2:53 p.m.

Motion by Lisa Liggins to approve the notice and meeting materials for the tentatively scheduled July

19, 2022, semi-annual General Tribal Council meeting with five (5) noted changes [1) deletion of page

243 in its entirety; 2) on page 266, the amendment to the chart as discussed to include the best case

scenario if everyone attends; 3) on page 267, deleting lines 145 and 146; 4) on page 268, deleting

lines 162 and 163; and 5) remove any references to the changing of the stipend, seconded by David P.

Jordan. Motion carried:

Ayes:

David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie

Summers

Abstained:

Tina Danforth

Not Present:

Daniel Guzman King, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 9

June 08, 2022

Public Packet

18 of 551

DRAFT

Schedule a special General Tribal Council meeting to address three (3) pending

petitions and approve the meeting materials and notice (02:06:32)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to schedule a special General Tribal Council meeting on August 30, 2022,

to address the three (3) pending petitions and approve the meeting materials and notice, seconded by

Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Schedule a special General Tribal Council meeting to address FY-2023 budget

(02:09:29)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to schedule a special General Tribal Council meeting to address FY-2023

budget on September 25, 2022, at 10:00 a.m. Motion failed due to lack of support.

Motion by Lisa Liggins to schedule a special General Tribal Council meeting to address FY-2023

budget on Monday, September 26, 2022, at 6:00 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens

Opposed:

Kirby Metoxen

Abstained:

Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

For the record: Councilman Kirby Metoxen stated I opposed because I wanted Sunday, September

25th at 10:00 a.m.

For the record: Councilwoman Marie Summers stated I don’t know why we are proposing Sunday

dates if they are not going to support them.

XI.

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report (02:19:39)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Accept the General Manager report (02:20:00)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the General Manager report, seconded by Marie Summers. Motion

carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 9

June 08, 2022

Public Packet

19 of 551

DRAFT

AUDIT COMMITTEE

Accept the Bingo compliance audit and lift the confidentiality requirement

(02:20:12)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Bingo compliance audit and lift the confidentiality requirement,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Accept the Controlled Keys compliance audit and lift the confidentiality

requirement (02:20:29)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Controlled Keys compliance audit and lift the confidentiality

requirement, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Accept the BC Members Credit Card Activity operational audit and lift the

confidentiality requirement (02:20:42)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the BC Members Credit Card Activity operational audit and lift the

confidentiality requirement, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Accept the Oneida Recreation performance assurance audit and lift the

confidentiality requirement (02:20:58)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Oneida Recreation performance assurance audit and lift the

confidentiality requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Accept the April 21, 2022, regular Audit Committee meeting minutes (02:21:15)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the April 21, 2022, regular Audit Committee meeting minutes,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 9

June 08, 2022

Public Packet

20 of 551

DRAFT

NEW BUSINESS

Determine next steps regarding the Gaming wage chart (02:21:29)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Lisa Liggins to approve the application of the Nation's wage chart to the Gaming operations

effective with the June 19, 2022 payroll period and the following implementation adjustments: nonexempt employees that are in Grades 1-4 (including Dealers) will at least receive $0.25 an hour

increase; if the employee is above 75% placement in grade, they will not receive an increase in hourly

pay but will instead receive a lump sum payment of up to $520, seconded by Marie Summers. Motion

carried:

Ayes:

Tina Danforth, David P. Jordan, Kirby Metoxen, Brandon Stevens,

Marie Summers

Abstained:

Lisa Liggins

Not Present:

Daniel Guzman King, Jennifer Webster

Deliberations regarding pardon application - Douglas J. Haven (02:22:30)

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

Motion by Lisa Liggins to accept the recommendation of the Pardon and Forgiveness Screening

Committee and adopt resolution 06-08-22-D Regarding Forgiveness of Douglas J. Haven and to move

the resolution to open session, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Approve attorney contract - Legislative Reference Office - file # 2022-0389

(02:23:24)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to approve attorney contract - Legislative Reference Office - file # 2022-0389,

seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

XII.

ADJOURN (02:23:40)

Motion by David P. Jordan to adjourn at 3:25 p.m., seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers

Not Present:

Daniel Guzman King, Jennifer Webster

Minutes prepared by Aliskwet Ellis, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 9

June 08, 2022

Public Packet

21 of 551

Approve the June 14, 2022, emergency Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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

22 of 551

DRAFT

Oneida Business Committee

Emergency Meeting

11:00 AM Tuesday, June 14, 2022

Virtual Meeting – Microsoft Teams1

Minutes

EMERGENCY MEETING

Present: Chairman Tehassi Hill, Secretary Lisa Liggins, Council members: Daniel Guzman King, David

P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster;

Not Present: n/a

Arrived at: Vice-Chairman Brandon Stevens arrived at 11:03 a.m., Treasurer Tina Danforth arrived at

11:06 a.m.;

Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Todd VanDen Heuvel, Kaylynn

Gresham, Katsitsiyo Danforth, Danelle Wilson, Rhiannon Metoxen, Kristal Hill, Rae Skenandore, Amy

Spears, Justin Nishimoto, Clorissa Santiago, Grace Elliott, Carolyn Salutz, Lisa Summers, Chad Fuss,

Carol Silva, Debra Danforth, Michelle Myers, Nathan Wisneski, Barbara Webster, Laura Laitinen-Warren,

Mike Debraska, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 11:01 a.m.

II.

OPENING (00:00:54)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:01:15)

Vice-Chairman Brandon Stevens arrived at 11:03 a.m.

Motion by Jennifer Webster to adopt the agenda as presented, seconded by Kirby Metoxen. Motion

carried:

Ayes:

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

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Tina Danforth

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

sharing, and video meetings.

Oneida Business Committee

Emergency Meeting Minutes

Page 1 of 3

June 14, 2022

Public Packet

23 of 551

DRAFT

IV.

GENERAL TRIBAL COUNCIL

Cancel the special General Tribal Council meeting tentatively scheduled on June

21, 2022 (00:02:23)

Sponsor: Tehassi Hill, Chairman

Treasurer Tina Danforth arrived 11:06 a.m.

Motion by Kirby Metoxen to cancel the special General Tribal Council meeting tentatively scheduled on

June 21, 2022, seconded by Jennifer Webster. Motion carried:

Ayes:

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

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

For the record: Treasurer Tina Danforth stated I am abstaining because we don't have a chairman

present, we don't have a vice-chairman present, we don't have a quorum present, I shouldn't even be

voting. This is my perspective. This is my opinion. This is what I believe. This is what I am elected to

do - is express my opinion and vote accordingly to my opinion, to my understanding, to my evaluation

of what is being asked of me.

For the record: Councilwoman Jennifer Webster stated that it's unfortunate that there's accusations

that this is not a legitimate BC meeting. It's unfortunate that we have to deal with that. We were all

elected to protect our community and part of that protection is, you know, we have to err on the side of

caution so, that is my reason for cancelling the GTC meeting. We were elected to help protect our

community. Thank you.

For the record: Secretary Lisa Liggins stated I appreciate and thank Tina for her perspective on this

matter of this emergency virtual BC meeting today. However, I do disagree. I believe that this meeting

is authorized in accordance with the position descriptions for the BC Officers and council people

adopted by GTC in 1990, as well as the BC standard operating procedure regarding virtual meetings

adopted by the Business Committee November 24, 2020. Thank you.

Motion by Lisa Liggins to direct the BC Area Manager, Chief Counsel or designee, Chief Financial

Officer or designee, Security Director or designee, Emergency Management Director or designee,

General Manager or designee, Councilman David P. Jordan, and Councilwoman Marie Summers to

work together to bring back a proposal for an outdoor General Tribal Council meeting with a

preliminary report by the second Business Committee meeting in July, seconded by Marie Summers.

Motion carried:

Ayes:

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

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

For the record: Treasurer Tina Danforth stated I am abstaining for the same reasons I cited before, that

this is not a legitimate meeting.

Oneida Business Committee

Emergency Meeting Minutes

Page 2 of 3

June 14, 2022

Public Packet

24 of 551

DRAFT

Approve the revised notice and revised meeting materials for the tentatively

scheduled July 19, 2022, semi-annual General Tribal Council meeting (00:40:32)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the revised notice and revised meeting materials for the

tentatively scheduled July 19, 2022, semi-annual General Tribal Council meeting, seconded by Lisa

Liggins. Motion carried:

Ayes:

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

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

For the record: Treasurer Tina Danforth stated I am abstaining for the same reasons as before.

ADJOURN (00:52:17)

Motion by Daniel Guzman King to adjourn at 11:53 a.m., seconded by Marie Summers. Motion carried:

Ayes:

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

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

Minutes prepared by Aliskwet Ellis, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Emergency Meeting Minutes

Page 3 of 3

June 14, 2022

Public Packet

25 of 551

Adopt resolution entitled Adoption of the Elder Assistance Program Law

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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, Adoption of the Elder Assistance Program Law

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

Committee, Oneida Trust Enrollments

Department, Oneida Trust Enrollments

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Committee, Oneida Business

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

26 of 551

6. Supporting Documents:

☐ Bylaws

☒ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☐ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Adoption Memo, Legislative Analysis

☐ 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. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

July 13, 2022

Adoption of the Elder Assistance Program Law

Please find the following attached backup documentation for your consideration of the adoption

of the Elder Assistance Program law:

Resolution: Adoption of the Elder Assistance Program Law

Statement of Effect: Adoption of the Elder Assistance Program Law

Elder Assistance Program Law Legislative Analysis

Elder Assistance Program Law

Elder Assistance Program Law Fiscal Impact Statement

Overview

On November 3, 2021, the Legislative Operating Committee added the Elder Assistance Program

law to its Active Files List. The purpose of the Elder Assistance Program law is to establish the

Elder Assistance Program to govern how the Nation provides financial assistance to elders,

pursuant to the Oneida General Welfare law. [10 O.C. 1002.1-1]. ]. It is the policy of the Nation

to prioritize the general welfare needs of its elders and recognize that its elders possess unique and

irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives

of every member of the Nation. [10 O.C. 1002.1-2]. The interests of the Nation are advanced when

its elders remain confident that their general welfare needs can be met.

This resolution adopts the Elder Assistance Program law which will:

 Establish the Elder Assistance Program as an approved program of the Nation in

accordance with the Oneida General Welfare law. [10 O.C. 1002.4-1].

 Provide how this program qualifies for general welfare exclusion. [10 O.C. 1002.4-2].

 Provide the eligibility requirements for accessing assistance from the Elder Assistance

Program – which is that a person is a member of the Nation, age sixty-five (65) or older,

and submits a completed application during the designated submission timeframe. [10 O.C.

1002.5-1].

 Provide the minimum requirements for the information that must be included on the

application. [10 O.C. 1002.5-3].

 Provide how and when funds from the Elder Assistance Program are disbursed [10 O.C.

1002.5-2, 1002.5-4].

 Provide for the types of expenses that shall be considered qualifying expenditures for use

of assistance from Elder Assistance Program by the recipient. [10 O.C. 1002.5-5].

 Provide information on the funding source and who determines that amount of available

funding to an eligible participant. [10 O.C. 1002.6-1, 1002.6-2].

Page 1 of 2

Public Packet



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Provide that the Trust Enrollment Department is the department that has the responsibilities

to administer the Elder Assistance Program. [10 O.C. 1002.5-6, 1002.5-7].

The Legislative Operating Committee developed the Elder Assistance Program law through

collaboration with representatives from the Oneida Law Office, Oneida Business Committee,

Finance Administration, Trust Enrollment Department, Oneida Trust Enrollment Committee,

Governmental Administrative Office, and the Intergovernmental Affairs and Communications.

The Legislative Operating Committee held ten (10) work meetings on the development of the Elder

Assistance Program law.

In accordance with the Legislative Procedures Act, a public meeting on the proposed Elder

Assistance Program law was held on May 18, 2022. Three (3) individuals provided oral comments

during the public meeting. The public comment period was then held open until May 25, 2022.

The Legislative Operating Committee received three (3) submissions of written comments during

the public comment period. All public comments received were accepted, reviewed, and

considered by the Legislative Operating Committee on June 1, 2022. Any changes made based on

those comments have been incorporated into this draft.

Requested Action

Adopt the Resolution: Adoption of the Elder Assistance Program Law

Page 2 of 2

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Adoption of the Elder Assistance Program Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the purpose of the Elder Assistance Program law (“the Law”) is to establish the Elder

Assistance Program to govern how the Nation provides financial assistance to elders,

pursuant to the Oneida General Welfare law; and

WHEREAS,

it is the policy of the Nation to prioritize the general welfare needs of its elders and

recognize that its elders possess unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation;

and

WHEREAS,

the interests of the Nation are advanced when its elders remain confident that their general

welfare needs can be met; and

WHEREAS,

the Law establishes the Elder Assistance Program as an approved program of the Nation

in accordance with the Oneida General Welfare law; and

WHEREAS,

the Law provides how this program qualifies for general welfare exclusion; and

WHEREAS,

the Law provides the eligibility requirements for accessing assistance from the Elder

Assistance Program – which is that a person is a member of the Nation, age sixty-five (65)

or older, and submits a completed application during the designated submission timeframe;

and

WHEREAS,

the Law provides the minimum requirements for the information that must be included on

the application; and

WHEREAS,

the Law provides how and when funds from the Elder Assistance Program are disbursed;

and

WHEREAS,

the Law provides for the types of expenses that shall be considered qualifying expenditures

for use of assistance from Elder Assistance Program by the recipient; and

WHEREAS,

the Law provides information on the funding source and who determines that amount of

available funding to an eligible participant; and

Public Packet

30 of 551

BC Resolution # _______

Adoption of the Elder Assistance Program Law

Page 2 of 2

WHEREAS,

the Law provides that the Trust Enrollment Department is the department that has the

responsibilities to administer the Elder Assistance Program; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was held on May 18, 2022, and the public comment

period was held open until May 25, 2022; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered all public

comments received on June 1, 2022; and

NOW THEREFORE BE IT RESOLVED, that the Elder Assistance Program law is hereby adopted and shall

be effective immediately.

Public Packet

31 of 551

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Adoption of the Elder Assistance Program Law

Summary

This resolution adopts the Elder Assistance Program law.

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

Date: July 1, 2022

Analysis by the Legislative Reference Office

This resolution adopts the Elder Assistance Program law. The purpose of the Elder Assistance

Program law is to establish the Elder Assistance Program to govern how the Nation provides

financial assistance to elders, pursuant to the Oneida General Welfare law. [10 O.C. 1002.1-1]. It

is the policy of the Nation to prioritize the general welfare needs of its elders and recognize that

its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that

enhance and enrich the lives of every member of the Nation. [10 O.C. 1002.1-2]. The interests of

the Nation are advanced when its elders remain confident that their general welfare needs can be

met.

This resolution adopts the Elder Assistance Program law which will:

 Establish the Elder Assistance Program as an approved program of the Nation in

accordance with the Oneida General Welfare law. [10 O.C. 1002.4-1].

 Provide how this program qualifies for general welfare exclusion. [10 O.C. 1002.4-2].

 Provide the eligibility requirements for accessing assistance from the Elder Assistance

Program – which is that a person is a member of the Nation, age sixty-five (65) or older,

and submits a completed application during the designated submission timeframe. [10 O.C.

1002.5-1].

 Provide the minimum requirements for the information that must be included on the

application. [10 O.C. 1002.5-3].

 Provide how and when funds from the Elder Assistance Program are disbursed [10 O.C.

1002.5-2, 1002.5-4].

 Provide for the types of expenses that shall be considered qualifying expenditures for use

of assistance from Elder Assistance Program by the recipient. [10 O.C. 1002.5-5].

 Provide information on the funding source and who determines that amount of available

funding to an eligible participant. [10 O.C. 1002.6-1, 1002.6-2].

 Provide that the Trust Enrollment Department is the department that has the responsibilities

to administer the Elder Assistance Program. [10 O.C. 1002.5-6, 1002.5-7].

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 Elder Assistance Program law complied with all processes and procedures required

by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

Page 1 of 2

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opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

A public meeting on the proposed Elder Assistance Program law was held on May 18, 2022. Three

(3) individuals provided oral comments during the public meeting. The public comment period

was then held open until May 25, 2022. The Legislative Operating Committee received three (3)

submissions of written comments during the public comment period. All public comments

received were accepted, reviewed, and considered by the Legislative Operating Committee on June

1, 2022. Any changes made based on those comments have been incorporated into this draft.

The Elder Assistance Program law will become effective immediately upon adoption by the

Oneida Business Committee on July 13, 2022, in accordance with the LPA. [1 O.C. 109.9-3].

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 Draft 3 for OBC Consideration

2022 07 13

ELDER ASSISTANCE PROGRAM LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Proposed Law



Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

Establish the Elder Assistance Program as an approved program of the Nation

in accordance with the Oneida General Welfare law. [10 O.C. 1002.4-1].

Provide how this program qualifies for general welfare exclusion. [10 O.C.

1002.4-2].

Provide the eligibility requirements for accessing assistance from the Elder

Assistance Program – which is that a person is a member of the Nation, age

sixty-five (65) or older, and submits a completed application during the

designated submission timeframe. [10 O.C. 1002.5-1].

Provide the minimum requirements for the information that must be included

on the application. [10 O.C. 1002.5-3].

Provide how and when funds from the Elder Assistance Program are disbursed

[10 O.C. 1002.5-2, 1002.5-4].

Provide for the types of expenses that shall be considered qualifying

expenditures for use of assistance from Elder Assistance Program by the

recipient. [10 O.C. 1002.5-5].

Provide information on the funding source and who determines that amount of

available funding to an eligible participant. [10 O.C. 1002.6-1, 1002.6-2].

Provide that the Trust Enrollment Department is the department that has the

responsibilities to administer the Elder Assistance Program. [10 O.C. 1002.5-

6, 1002.5-7].

The purpose of this law is to establish the Elder Assistance Program to govern how

the Nation provides financial assistance to elders, pursuant to the principles of

General Welfare Exclusion. [10 O.C. 1002.1-1].

Oneida Business Committee, Oneida Trust Enrollment Department, the Nation’s

Elders

Oneida General Welfare Law

A public meeting was held in accordance with the Legislative Procedures Act on

May 18, 2022, with a public comment period held open until May 25, 2022.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act was provided by the Finance Department on July 1, 2022.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Elder Assistance Program law (“the Law”) will be a new law adopted by the Nation

for the purpose of establishing the Elder Assistance Program to govern how the Nation provides

financial assistance to elders, pursuant to the principles of General Welfare Exclusion. [10 O.C. 1002.11]. The request to develop an Elder Assistance Program Law came from Councilman David P. Jordan

based on a recommendation from the Chief Financial Officer during the October 20, 2021, LOC

meeting. This request asked the LOC to consider developing a new law to establish an approved

program under the Oneida General Welfare law which transitions the Nation’s Elderly 65+ Per Capita

Public Packet

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Payment Distribution Fund, from being utilized for per capita payments to being utilized for general

welfare assistance payments for elders.

SECTION 3. CONSULTATION AND OUTREACH

A. The following departments within the Nation participated in the development of this Law and

legislative analysis:

 Oneida Law Office;

 Oneida Business Committee;

 Finance Administration;

 Trust Enrollment Department;

 Oneida Trust Enrollment Committee;

 Governmental Administrative Office; and

 Intergovernmental Affairs and Communications.

SECTION 4. PROCESS

A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On November 3, 2021, the Legislative Operating Committee added this Law to its Active Files

List.

 On March 16, 2022, the Legislative Operating Committee approved the draft of this Law and

directed that a legislative analysis be developed.

 On April 20, 2022, the Legislative Operating Committee approved the legislative analysis and

the public meeting packet and forwarded the Law to a public meeting to be held on May 18,

2022.

 The public meeting was held on May 18, 2022, in person in the Norbert Hill Center and on

Microsoft Teams. Three (3) individuals provided public comment during the public meeting.

 The public comment period was held open until May 25, 2022. Three (3) submissions of written

comments were received during the public comment period.

 On June 1, 2022, the Legislative Operating Committee accepted the public comments and the

public comment review memorandum and deferred these items to a work meeting for further

consideration.

 On June 1, 2022, the Legislative Operating Committee reviewed and considered all the public

comments received.

 On June 15, 2022, the Legislative Operating Committee approved the updated public comment

review memorandum [with noted change], draft, legislative analysis, and fiscal impact

statement request memorandum, and forwarded these materials to the Finance Department

directing that a fiscal impact statement be prepared and submitted to the Legislative Operating

Committee by July 14, 2022.

 The Finance Department provided the fiscal impact statement for the proposed Elder

Assistance Program law on July 1, 2022.

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

regarding the development of this Law:

 January 13, 2022: LOC work meeting.

 January 19, 2022: LOC work meeting with the Oneida Law Office, Finance Administration,

and the Trust Enrollment Department.

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

February 16, 2022: LOC work meeting.

February 22, 2022: Work meeting with Oneida Law Office.

February 25, 2022: LOC work meeting.

March 10, 2022: LOC work meeting.

March 29, 2022: Joint Oneida Business Committee and Oneida Trust Enrollment Committee

Meeting.

April 14, 2022: LOC work meeting.

June 1, 2022: LOC work meeting.

July 1, 2022: LOC work meeting with Finance Administration, Trust Enrollment Department,

Intergovernmental Affairs and Communications, and Governmental Administrative Office.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy. The purpose of this Law is to establish the Elder Assistance Program to govern

how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law.

[10 O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its elders.

The Nation recognizes that its elders process unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation. The interests

of the Nation are advanced when its elders remain confident that their general welfare needs can be

met. [10 O.C. 1002.1-2].

B. Establishment. The Elder Assistance Program is hereby established as an approved program of the

Nation in accordance with the Oneida General Welfare Law. The Elder Assistance Program meets the

requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as

defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare

Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1002.4-1].

C. Guidelines and Requirements. The Law provides guidelines and requirements for the Elder Assistance

Program. The Elder Assistance Program shall be open to any individuals who meet the following

criteria: is a member of the Nation; is age sixty-five (65) or older; and submits a completed application

during the designated submission timeframe [10 O.C. 1002.5-1]. The Oneida Business Committee shall

set forth. through the adoption of a resolution. an application submission period and disbursement

timeframe for a distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2]. Any

individual seeking assistance from the Elder Assistance Program shall submit an application. [10 O.C.

1002.5-3]. The Trust Enrollment Department shall make available an Elder Assistance Program

application form and instructions. [10 O.C. 1002.5-3(a)]. The Law provides the minimum information

that is required to be provided on the application. [10 O.C. 1003.5-2(a)(1)(A)-(I)]. Assistance provided

through the Elder Assistance Program application shall be disbursed in accordance with the timeframe

set through resolution by the Oneida Business Committee. [10 O.C. 1003.5-4]. Funds from the Elder

Assistance Program may be disbursed through direct deposit, or check, depending on the selection

made on the application by the recipient. [10 O.C. 1002.5-4].

D. Qualifying Expenditures. The following types of expenses shall be considered qualifying expenditures

for use of assistance from the Elder Assistance Program by the recipient:

 costs relating to housing needs of principal residences such as:

 mortgage payments, rent payments, and down payments;

 enhancements for habitability of housing;

 basic housing repairs or rehabilitation;

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 improvements to adapt housing for special health needs;

 costs for paying utility bills and charges, including, but not limited to, the following:

 water;

 electricity;

 gas;

 basic communication services such as:

 phone

 internet; and

 cable;

 costs associated with food security;

 costs associated with home care assistance;

 costs associated with vehicle payments, maintenance, repair, and insurance;

 costs associated with medical care and transportation, room, and board costs for seeking

medical care;

 funeral and burial expenses and expenses for attending wakes, funerals, burials, bereavements,

and subsequent honoring events; and

 costs related to any other emergency circumstance [10 O.C. 1002.5-5].

E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection,

review, and permitted distribution of funds from the Elder Assistance Program to the qualifying

recipients and shall be responsible for maintenance of records for the Elder Assistance Program [10

O.C. 1002.5-6; 10 O.C. 1002.5-7]. The recipient shall retain receipts for the expenditure of the funds

associated with the Elder Assistance Program. [10 O.C. 1002.5-7].

F. Funding. The Elder Assistance program shall be funded through the Elder, Education and General

Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award 75 Trust Fund. [10

O.C. 1002.6-1]. The Oneida Business Committee may obligate additional funding to the Elder

Assistance Program through any other funding source deemed necessary by the Oneida Business

Committee. Id. Use of the Elder Assistance Program is contingent upon available funding from the

Elder, Education and General Welfare Trust Fund. Id. The Oneida Trust Enrollment Committee shall

determine the amount of assistance available to an eligible recipient from the Elder Assistance Program

per any permitted distribution. [10 O.C. 1002.6-2].

SECTION 6. RELATED LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

 Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation

provides assistance to eligible members on a non-taxable basis, pursuant to the principles of

the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits

to Tribal members. [10 O.C. 1001.1-1].

 The Elder Assistance Program is hereby established as an approved program of the

Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1002.4-1]. The

Elder Assistance Program meets the requirements of the General Test as defined in the

Oneida General Welfare Law. [10 O.C. 1002.4-2].

SECTION 7. OTHER CONSIDERATIONS

A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

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

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

i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative

Operating Committee. [1 O.C. 109.6-1].

ii. Fiscal Impact statements may be prepared by any agency who may receive funding if

the legislation is enacted, any agency who may administer a program if the legislation

is enacted, any agency who may have financial information concerning the subject

matter of the legislation, or by the Finance Office, upon request of the Legislative

Operating Committee. [1 O.C. 109.6-1(a) and (b)].

iii. Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation

of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further

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

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

completing the fiscal impact statement.

b. Conclusion. The Legislative Operating Committee received a fiscal impact statement from the

Finance Department on July 1, 2022.

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1002.1. Purpose and Policy

1002.2. Adoption, Amendment, Repeal

1002.3. Definitions

1002.4. Establishment

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Title 10. General Welfare Exclusion - Chapter 1002

ELDER ASSISTANCE PROGRAM

1002.5. Guidelines and Requirements

1002.6. Funding

1002.1. Purpose and Policy

1002.1-1. Purpose. The purpose of this law is to establish the Elder Assistance Program to govern

how the Nation provides financial assistance to elders, pursuant to the Oneida General Welfare

law.

1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its elders.

The Nation recognizes that its elders possess unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation. The

interests of the Nation are advanced when its elders remain confident that their general welfare

needs can be met.

1002.2. Adoption, Amendment, Repeal

1002.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1002.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

1002.2-3. 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.

1002.2-4. 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.

1002.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1002.3. Definitions

1002.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

10 O.C. 1002 – Page 1

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approved program requirements.

1002.4. Establishment

1002.4-1. Establishment. The Elder Assistance Program is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Elder Assistance Program is to provide financial assistance to elders of the Nation to address the

unique and compounding general welfare needs of elders.

1002.4-2. General Welfare Exclusion. The Elder Assistance Program meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion

Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Elder Assistance Program

is:

(a) paid on behalf of the Nation;

(b) pursuant to an approved program of the Nation;

(d) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(e) provided for the promotion of general welfare;

(f) not lavish or extravagant;

(g) not compensation for services; and

(h) not a per capita payment.

1002.5. Guidelines and Requirements

1002.5-1. Eligibility. The Elder Assistance Program shall be open to any individual who meets

the following criteria:

(a) is a member of the Nation;

(b) is age sixty-five (65) or older; and

1002.5-2. Distribution Period. The Oneida Business Committee, in consultation with the Oneida

Trust Enrollment Committee, shall set forth through the adoption of a resolution an application

submission period and disbursement timeframe for a distribution of assistance from the Elder

Assistance Program.

1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance

Program shall submit an application.

(a) The Trust Enrollment Department shall make available an Elder Assistance Program

application form and instructions.

(1) The application shall require, at a minimum, the following information:

(A) first, middle, and last name;

(B) date of birth;

(D) phone number;

(E) e-mail address;

(F) enrollment number;

(G) bank account information for direct deposit if necessary;

(H) declaration from the applicant that their need exists, and all information

provided therein is accurate and in accordance with the laws of the Nation

10 O.C. 1002 – Page 2

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and federal law; and

(I) signature of the applicant, electronic or handwritten, affirming the

declaration.

(2) On the application the applicant shall designate the means by which they would

like to receive their disbursement of funds from the Elder Assistance Program,

either through direct deposit or check.

(b) Applicants shall complete and return the Elder Assistance Program application form

to the Trust Enrollment Department by the deadline set through resolution by the Oneida

Business Committee in order to be eligible for assistance from the Elder Assistance

Program.

(1) The information provided in the Elder Assistance Program application form

may be provided to any department, division, or personnel that processes the

applications.

1002.5-4. Disbursement of Funds. Assistance provided through the Elder Assistance Program

shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business

Committee. Funds from the Elder Assistance Program may be disbursed through direct deposit, or

check, depending on the selection made on the application by the recipient.

1002.5-5. Qualifying Expenditures. The following types of expenses shall be considered

qualifying expenditures for use of assistance from the Elder Assistance Program by the recipient:

(a) costs relating to housing needs of principal residences such as:

(1) mortgage payments, rent payments, and down payments;

(2) enhancements for habitability of housing;

(3) basic housing repairs or rehabilitation;

(4) improvements to adapt housing for special health needs;

(b) costs for paying utility bills and charges, including, but not limited to, the following:

(1) water;

(2) electricity;

(3) gas;

(4) basic communication services such as:

(A) phone;

(B) internet; and

(d) costs associated with home care assistance;

(e) costs associated with vehicle payments, maintenance, repair, and insurance;

(f) costs associated with medical care and transportation, room, and board costs for seeking

medical care;

(g) funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

(h) costs related to any other emergency circumstance.

1002.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and

permitted distribution of funds from the Elder Assistance Program to the qualifying recipients.

1002.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for

maintenance of records for the Elder Assistance Program. The recipient shall retain receipts for

the expenditure of the funds associated with the Elder Assistance Program.

10 O.C. 1002 – Page 3

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1002.6. Funding

1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder,

Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims

Award Docket 75 Trust Fund. The Oneida Business Committee may obligate additional funding

to the Elder Assistance Program through any other funding source deemed necessary by the Oneida

Business Committee. Use of the Elder Assistance Program is contingent upon available funding

from the Elder, Education and General Welfare Trust Fund.

1002.6-2. Amount of Available Funding. The Oneida Trust Enrollment Committee shall

determine the amount of assistance available to an eligible recipient from the Elder Assistance

Program per any permitted distribution.

End.

Adopted – BC-__-__-__-__

10 O.C. 1002 – Page 4

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FINANCE ADMINISTRATION

Fiscal Impact Statement

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MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

July 1, 2022

RE:

Fiscal Impact of the Oneida Elder Assistance Law

I. Estimated Fiscal Impact Summary

Law: Curfew Law

Oneida Business Committee

Oneida Elders

Implementing Agency

Finance Administration

Oneida Trust and Enrollments

Estimated time to comply

Upon adoption of the Law

Estimated Impact

Current Fiscal Year

10 Year Estimate

Savings $367,930.50 to

Savings $3,679,305 to the eligible

Total Estimated Fiscal Impact

the eligible member

member

II.

Background

A. Legislative History

This law would establish an Elder Assistance Program as an approved program of the

Oneida General Welfare Law. The purpose of the law is to provide financial assistance to

Oneida Elders pursuant to the principals of the General Welfare Exclusion.

III.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office,

documentation costs, as well as an estimate of the amount of time necessary for an

agency to comply with the Law after implementation.

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Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

Executive Summary of Findings

•

The Law will govern how the Oneida Nation provides assistance to eligible Oneida

Elders on a non-tax reportable basis, pursuant to the principles of the General Welfare

Exclusion Act of 2014 26 U.S.C. §139E(b).

•

The Oneida Elder Assistance Program meets the requirements of the General Test as

defined in the Oneida General Welfare Law and requirements of the Tribal General

Welfare Exclusion Act of 2014 26 U.S.C. §139E(b).

•

The Oneida Elders Assistance Program shall be open to any individuals who are an

enrolled member of the Oneida Nation; is age sixty-five or older; and submits a

completed application during the designated submission timeframe.

•

The Oneida Business Committee shall by adoption of a resolution set an application

submission period and disbursement timeframe for a distribution of assistance from the

Elder Assistance Program.

•

The Oneida Trust and Enrollment Department shall make an application form and

instructions available to the eligible member.

•

Qualifying expenditures for use of assistance from the Oneida Elder Assistance Program

shall include:

o Costs relating to housing needs;

o Costs for paying utility bills and charges;

o Costs associated with food security;

o Costs associated with home care assistance;

o Costs associated with vehicle payments, maintenance, repair, and insurance;

o Costs associated with medical care and transportation and room and board costs

for seeking medical care;

o Funeral and burial expenses and expenses for attending wakes, funerals, burials,

bereavements, and subsequent honoring events; and

o Cost related to any other emergency circumstance.

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The Oneida Elder Assistance Program shall be funded through the Oneida Elder,

Education and General Welfare Trust Fund derived from the Emigrant NY Claims Award

75 Trust Fund.

Agency

There are no startup, personnel, office, or documentation costs associated with this

legislation. The Law shall become effective upon adoption.

VI.

Financial Impact

The Law has no direct increased fiscal impact for the Oneida Nation. The Law is funded

by the investments held by Oneida Trust and Enrollments in the Elder, Education and

General Welfare Trust Fund derived from the Emigrant NY Claims Award 75 Trust

Fund.

The fiscal impact to the individual eligible Oneida member is an annual savings on the

voluntary Federal Tax withholding of $140.70. The total Membership count for 65+ is

2615 as of March 31, 2022.

The estimated one-year fiscal impact on the total population of 2,615 eligible Oneida

members is a savings of $367,930.50 for the voluntary Federal Tax withholding and a 10year fiscal impact to the total eligible Oneida member population of 2,615 is a total

savings of $3.679,305 in voluntary Federal Tax withholdings.

VII.

Recommendation

Finance Department does not make a recommendation regarding course of action in this

matter. Rather, it is the purpose of this report to disclose potential financial impact of this

legislation, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

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Adopt resolution entitled Elder Assistance Program Application Submission Period and Disbursement...

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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, Elder Assistance Program Application Submission Period

and Disbursement Timeframe for 2022

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

Committee, Oneida Trust Enrollments

Department, Oneida Trust Enrollments

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Committee, Oneida Business

Committee

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

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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. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022

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 Elder Assistance Program law (“the Law”) established the Elder Assistance Program

as an approved program in accordance with the Oneida General Welfare law to govern

how the Nation provides financial assistance to elders, pursuant to the Oneida General

Welfare law; and

WHEREAS,

it is the policy of the Nation to prioritize the general welfare needs of its elders and

recognize that its elders possess unique and irreplaceable stores of knowledge, skill,

culture, and experience that enhance and enrich the lives of every member of the Nation;

and

WHEREAS,

the interests of the Nation are advanced when its elders remain confident that their general

welfare needs can be met; and

WHEREAS,

the Law provides that the Oneida Business Committee, in consultation with the Oneida

Trust Enrollment Committee, shall set forth through the adoption of a resolution an

application submission period and disbursement timeframe for a distribution of assistance

from the Elder Assistance Program; and

WHEREAS,

the Law provides that the Oneida Trust Enrollment Committee shall determine the amount

of assistance available to an eligible recipient from the Elder Assistance Program per any

permitted distribution; and

Amount of Assistance for Disbursement

NOW THEREFORE BE IT RESOLVED, in accordance with section 1002.6-2 of the Elder Assistance

Program law, the Oneida Trust Enrollment Committee determined that for the 2022 disbursement the

amount of assistance available to an eligible recipient from the Elder Assistance Program shall be seven

hundred three dollars and fifty-four cents ($703.54).

Application Submission Period and Disbursement Timeframe

BE IT FURTHER RESOLVED, that in accordance with section 1002.5-2 of the Elder Assistance Program

law, the application submission period for the 2022 disbursement of assistance from the Elder Assistance

Program shall be from July 14, 2022, through September 7, 2022, with the disbursement of assistance to

be made on or before September 30, 2022.

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BC Resolution # _______

Elder Assistance Program Application Submission Period and Disbursement Timeframe for 2022

Page 2 of 2

Late Application Submission Period and Disbursement Timeframe

BE IT FINALLY RESOLVED, if an applicant does not submit an application for assistance from the Elder

Assistance Program by September 7, 2022, the applicant shall be allowed to submit a late application for

the 2022 disbursement of assistance from the Elder Assistance Program from September 8, 2022, through

March 1, 2023, with the late disbursement of assistance to be made on or before March 30, 2023.

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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

Elder Assistance Program Application Submission Period and Disbursement Timeframe for

2022

Summary

This resolution sets forth the amount of assistance available for an applicant, as well as the

application submission period and disbursement timeframe for the 2022 disbursement of assistance

from the Elder Assistance Program.

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

Date: July 5, 2022

Analysis by the Legislative Reference Office

The Elder Assistance Program law established the Elder Assistance Program to govern how the

Nation provides financial assistance to elders, pursuant to the Oneida General Welfare law. [10

O.C. 1002.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its elders

and recognize that its elders possess unique and irreplaceable stores of knowledge, skill, culture,

and experience that enhance and enrich the lives of every member of the Nation. [10 O.C. 1002.12]. The interests of the Nation are advanced when its elders remain confident that their general

welfare needs can be met. Id.

The Elder Assistance Program law provides that the Oneida Trust Enrollment Committee shall

determine the amount of assistance available to an eligible recipient from the Elder Assistance

Program per any permitted distribution. [10 O.C. 1002.6-2]. The Oneida Business Committee, in

consultation with the Oneida Trust Enrollment Committee, is then responsible for setting forth,

through the adoption of a resolution, an application submission period and disbursement timeframe

for a distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2].

This resolution provides that in accordance with section 1002.6-2 of the Elder Assistance Program

law, the Oneida Trust Enrollment Committee determined that for the 2022 disbursement the

amount of assistance available to an eligible recipient from the Elder Assistance Program shall be

seven hundred and three dollars and fifty-four cents ($703.54). Then, in accordance with section

1002.5-2 of the Elder Assistance Program law, the resolution provides that the application

submission period for the 2022 disbursement of assistance from the Elder Assistance Program

shall be from July 14, 2022, through September 7, 2022, with the disbursement of assistance to be

made on or before September 30, 2022.

Finally, this resolution addresses a secondary application submission period and disbursement

timeframe for those individuals who are late and miss the first application deadline. This resolution

provides that if an applicant does not submit an application for assistance from the Elder Assistance

Program by September 7, 2022, the applicant shall be allowed to submit a late application for the

2022 disbursement of assistance from the Elder Assistance Program from September 8, 2022,

Page 1 of 2

Public Packet

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through March 1, 2023, with the late disbursement of assistance to be made on or before March

30, 2023.

Conclusion

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

Page 2 of 2

Public Packet

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Adopt resolution entitled Oneida Nation Assistance Fund Application Submission Period and...

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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, Oneida Nation Assistance Fund Application Submission

Period and Disbursement Timeframe for 2022

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

Committee, Oneida Trust Enrollments

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Department, Oneida Business

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

52 of 551

6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other:

☐ 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. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for

2022

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 Oneida Nation Assistance Fund law (“the Law”) established the Oneida Nation

Assistance Fund as an approved program in accordance with the Oneida General Welfare

law to govern how the Nation provides financial assistance to its members, pursuant to the

Oneida General Welfare law; and

WHEREAS,

it is the policy of the Nation to prioritize the general welfare needs of its members and

recognize that the interests of the Nation are advanced when its members remain confident

that their general welfare needs can be met; and

WHEREAS,

the Law provides that the Oneida Business Committee shall set forth through the adoption

of a resolution an application submission period and disbursement timeframe for a

distribution of assistance from the Oneida Nation Assistance Fund; and

WHEREAS,

the Law provides that the Oneida Business Committee shall determine the amount of

assistance available to an eligible recipient from the Oneida Nation Assistance Fund per

any permitted distribution; and

Amount of Assistance for Disbursement

NOW THEREFORE BE IT RESOLVED, in accordance with section 1003.6-2 of the Oneida Nation

Assistance Fund law, the Oneida Business Committee determined that for the 2022 disbursement the

amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund shall be as

follows:

▪ General Disbursement. A disbursement of assistance of one thousand three hundred dollars

($1300) is available to any eligible applicant.

▪ Additional Disbursement for Elders. An additional disbursement of assistance of two thousand

dollars ($2000) is available to any eligible applicant who also meets the additional requirement of

being age sixty-two (62) or older.

Application Submission Period and Disbursement Timeframe

BE IT FURTHER RESOLVED, that in accordance with section 1003.5-2 of the Oneida Nation Assistance

Fund law, the application submission period for the 2022 disbursement of assistance from the Oneida

Nation Assistance Fund shall be from July 14, 2022, through September 7, 2022, with the disbursement of

assistance to be made on or before September 30, 2022.

Public Packet

54 of 551

BC Resolution # _______

Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022

Page 2 of 2

Late Application Submission Period and Disbursement Timeframe

BE IT FINALLY RESOLVED, if an applicant does not submit an application for assistance from the Oneida

Nation Assistance Fund by September 7, 2022, the applicant shall be allowed to submit a late application

for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund from September 8, 2022,

through March 1, 2023, with the late disbursement of assistance to be made on or before March 30, 2023.

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

Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for

2022

Summary

This resolution sets forth the amount of assistance available for an applicant, as well as the

application submission period and disbursement timeframe for the 2022 disbursement of assistance

from the Oneida Nation Assistance Fund.

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

Date: July 5, 2022

Analysis by the Legislative Reference Office

The Oneida Nation Assistance Fund law established the Oneida Nation Assistance Fund to govern

how the Nation provides financial assistance to its members, pursuant to the Oneida General

Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare

needs of its members and recognize that the interests of the Nation are advanced when its members

remain confident that their general welfare needs can be met. Id. [10 O.C. 1003.1-2].

The Oneida Nation Assistance Fund law provides that the Oneida Business Committee shall

determine the amount of assistance available to an eligible recipient from the Oneida Nation

Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2]. The Oneida Business

Committee is then responsible for setting forth, through the adoption of a resolution, an application

submission period and disbursement timeframe for a distribution of assistance from the Oneida

Nation Assistance Fund. [10 O.C. 1003.5-2].

This resolution provides that in accordance with section 1003.6-2 of the Oneida Nation Assistance

Fund law, the Oneida Business Committee determined that for the 2022 disbursement the amount

of assistance available to an eligible recipient from Oneida Nation Assistance Fund shall as

follows:

▪ General Disbursement. A disbursement of assistance of one thousand three hundred

dollars ($1300) is available to any eligible applicant.

▪ Additional Disbursement for Elders. An additional disbursement of assistance of two

thousand dollars ($2000) is available to any eligible applicant who also meets the additional

requirement of being age sixty-two (62) or older.

Then, in accordance with section 1003.5-2 of the Oneida Nation Assistance Fund law, the

resolution provides that the application submission period for the 2022 disbursement of assistance

from the Oneida Nation Assistance Fund shall be from July 14, 2022, through September 7, 2022,

with the disbursement of assistance to be made on or before September 30, 2022.

Page 1 of 2

Public Packet

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Finally, this resolution addresses a secondary application submission period and disbursement

timeframe for those individuals who are late and miss the first application deadline. This resolution

provides that if an applicant does not submit an application for assistance from the Oneida Nation

Assistance Fund by September 7, 2022, the applicant shall be allowed to submit a late application

for the 2022 disbursement of assistance from the Oneida Nation Assistance Fund from September

8, 2022, through March 1, 2023, with the late disbursement of assistance to be made on or before

March 30, 2023.

Conclusion

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

Page 2 of 2

Public Packet

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Adopt resolution entitled Adoption of the Healing to Wellness Court Law

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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, Adoption of the Healing to Wellness Court Law

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

Committee, Oneida Nation Judiciary,

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Oneida Police Department, Oneida

Behavioral Health

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

Public Packet

58 of 551

6. Supporting Documents:

☐ Bylaws

☒ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☐ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Adoption Memo, Legislative Analysis

☐ 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. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

Public Packet

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Public Packet

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Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Adoption of the Healing to Wellness Court Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the purpose of the Healing to Wellness Court law (“the Law”) is to establish the Nation’s

Healing to Wellness Court to: offer intensive case management, treatment, and court

supervision to individuals who committed an offense directly or indirectly related to a

substance abuse or addiction issue; provide access to holistic, structured, and phased

substance abuse treatment and rehabilitation services that incorporate culture, tradition,

and Tsi Niyukwaliho t^ (Our Ways); create intragovernmental and intergovernmental

collaborative teams to interact with each participant; and encourage and support each

participant in the goal of their recovery to lead lawful productive lives free of substance

abuse and addiction; and

WHEREAS,

it is the policy of the Nation to bring together community-healing resources with the Nation’s

justice system to work collaboratively with intragovernmental and intergovernmental

partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal

activity affecting the Nation’s community in an effort to promote life-long substance abuse

recovery and the reintegration of participants into the Oneida community; and

WHEREAS,

the Law establishes the Healing to Wellness Court as a division of the Trial Court and

delegates jurisdiction to the Healing to Wellness Court for matters related to substance

abuse and addiction, and any matter arising under this Law; and

WHEREAS,

the Law delegates authority to the Healing to Wellness Court to collaborate and enter into

intergovernmental agreements with other courts of competent jurisdiction that exercise

concurrent jurisdiction; and

WHEREAS,

the Law establishes the Healing to Wellness Court team, comprised of a Trial Court Judge,

Court Coordinator, Oneida Police Department Officer, representative from Probation,

Substance Abuse Treatment provider, representative of Oneida culture and heritage, and

any other member as determined by the Team, and provide how any revisions to the

composition of the Healing to Wellness Court team are made; and

WHEREAS,

the Law delegates authority to the Healing to Wellness Court to establish policies and

procedures governing the operation and implementation of the Healing to Wellness Court

program; and

Public Packet

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BC Resolution # _______

Adoption of the Healing to Wellness Court Law

Page 2 of 2

WHEREAS,

the Law provides that all Healing to Wellness Court Team meetings and hearings are

closed to the public, and held in accordance with the policies and procedures created by

the Healing to Wellness Court; and

WHEREAS,

the Law provides that the Healing to Wellness Court is a non-adversarial forum, where the

Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of Civil Procedure do not

apply; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was held on May 4, 2022, and the public comment

period was held open until May 11, 2022; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered all public

comments received on May 18, 2022; and

NOW THEREFORE BE IT RESOLVED, that the Healing to Wellness Court law is hereby adopted and shall

become effective on July 27, 2022.

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

Adoption of the Healing to Wellness Court Law

Summary

This resolution adopts the Healing to Wellness Court law.

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

Date: June 30, 2022

Analysis by the Legislative Reference Office

This resolution adopts the Healing to Wellness Court law. The purpose of the Healing to Wellness

Court law is to establish the Nation’s Healing to Wellness Court to:

 offer intensive case management, treatment, and court supervision to individuals who

committed an offense directly or indirectly related to a substance abuse or addiction issue;

 provide access to holistic, structured, and phased substance abuse treatment and

rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our

Ways);

 create intragovernmental and intergovernmental collaborative teams to interact with each

participant; and

 encourage and support each participant in the goal of their recovery to lead lawful

productive lives free of substance abuse and addiction. [8 O.C. 808.1-1].

This resolution adopts the Healing to Wellness Court law which will:

 Establish the Healing to Wellness Court as a division of the Trial Court and delegate

jurisdiction to the Healing to Wellness Court for matters related to substance abuse and

addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];

 Delegate authority to the Healing to Wellness Court to collaborate and enter into

intergovernmental agreements with other courts of competent jurisdiction that exercise

concurrent jurisdiction [8 O.C. 808.4-2];

 Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court

Coordinator, Oneida Police Department Officer, representative from Probation, Substance

Abuse Treatment provider, representative of Oneida culture and heritage, and any other

member as determined by the Team, and provide how any revisions to the composition of

the Healing to Wellness Court team are made [8 O.C. 808.4-3];

 Delegate authority to the Healing to Wellness Court to establish policies and procedures

governing the operation and implementation of the Healing to Wellness Court program [8

O.C. 808.5-1];

 Provide that all Healing to Wellness Court Team meetings and hearings are closed to the

public, and held in accordance with the policies and procedures created by the Court [8

O.C. 808.5-2, 808.5-3]; and

Page 1 of 2

Public Packet



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Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record,

where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 O.C.

808.5-4, 808.5-6, 808.5-7].

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 Healing to Wellness Court law complied with all processes and procedures required

by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

A public meeting on the proposed Healing to Wellness Court law was held on May 4, 2022. Two

(2) individuals provided oral comments during the public meeting. The public comment period

was then held open until May 11, 2022. The Legislative Operating Committee received one (1)

submission of written comments during the public comment period. All public comments received

were accepted, reviewed, and considered by the Legislative Operating Committee on May 18,

2022. Any changes made based on those comments have been incorporated into this draft.

The Healing to Wellness Court law will become effective ten (10) business days after the adoption

of this resolution, on July 27, 2022, in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

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

Page 2 of 2

Public Packet

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Analysis to Draft 1 for OBC Consideration

2022 07 13

HEALING TO WELLNESS COURT LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Proposed Law

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

 Establish the Healing to Wellness Court as a division of the Trial Court and

delegate jurisdiction to the Healing to Wellness Court for matters related to

substance abuse and addiction, and any matter arising under this law [8 O.C.

808.4-1, 808.4-2];

 Delegate authority to the Healing to Wellness Court to collaborate and enter

into intergovernmental agreements with other courts of competent jurisdiction

that exercise concurrent jurisdiction [8 O.C. 808.4-2];

 Establish the Healing to Wellness Court team, comprised of a Trial Court

Judge, Court Coordinator, Oneida Police Department Officer, representative

from Probation, Substance Abuse Treatment provider, representative of

Oneida culture and heritage, and any other member as determined by the Team,

and provide how any revisions to the composition of the Healing to Wellness

Court team are made [8 O.C. 808.4-3];

 Delegate authority to the Healing to Wellness Court to establish policies and

procedures governing the operation and implementation of the Healing to

Wellness Court program [8 O.C. 808.5-1];

 Provide that all Healing to Wellness Court Team meetings and hearings are

closed to the public, and held in accordance with the policies and procedures

created by the Court [8 O.C. 808.5-2, 808.5-3]; and

 Provide that the Healing to Wellness Court is a non-adversarial forum, not a

court of record, where the Oneida Judiciary Rules of Evidence and Civil

Procedure do not apply [8 O.C. 808.5-4, 808.5-6, 808.5-7].

The purpose of this law is to establish the Nation’s Healing to Wellness Court to:

 Offer intensive case management, treatment, and court supervision to

individuals who committed an offense directly or indirectly related to a

substance abuse or addiction issue;

 Provide access to holistic, structured, and phased substance abuse treatment

and rehabilitation services that incorporate culture, tradition, and Tsi

Niyukwaliho t^ (Our Ways);

 Create intragovernmental and intergovernmental collaborative teams to

interact with each participant; and

 Encourage and support each participant in the goal of recovery to lead lawful,

productive lives free of substance abuse and addiction [8 O.C. 808.1-1].

Oneida Nation Judiciary, Oneida Police Department, and Oneida Behavioral Health

Public Peace law, Judiciary law, Oneida Judiciary Rules of Civil Procedure, Oneida

Judiciary Rules of Evidence

A public meeting was held in accordance with the Legislative Procedures Act on

Wednesday, May 4, 2022, with a public comment period held open until May 11,

2022.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act was provided by the Finance Department on June 29, 2022.

Public Packet

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Analysis to Draft 1 for OBC Consideration

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The request to develop a Healing to Wellness Court law came from the Tribal Action

Plan (TAP)- Laws and Policies Sub-Committee in December 2017 and was originally added to the

Active Files List in December 2017. The Legislative Operating Committee then added the Healing to

Wellness Court law to the Active Files List this legislative term on October 7, 2020.

B. History of Drug Courts. The drug court movement started in the late 1980s to help combat an increase

in the number drug-related offenses and re-offenses that resulted in overcrowded jails and prisons,

which incarceration alone was not able to control. 1 Between 1980 and 2000, arrests for drug offenses

more than doubled. 2 Those who were imprisoned were not being treated for their substance abuse and

the underlying problems and were subjected to traumatization by the prison system and faced many

barriers upon release 3. The response to this issue was to develop a court approach that systematically

prioritized treatment in substance abuse cases. 4 A drug court is a special court docket to which cases

involving alcohol and other substance abusing offenders are assigned for intensive supervision and

treatment. 5 Drug courts are distinguished by several features, such as expedited case processing,

outpatient treatment, and support services (e.g., job placement and housing services). 6

C. Development of Healing to Wellness Courts in Native Nations. Native nations were looking to develop

a court that would help confront intergenerational substance abuse issues while avoiding the term “drug

court”, thus developing the term “healing to wellness court”. This term referred to the healing and

wellness aspects of this approach, along with the idea that wellness is an ongoing journey. 7 In August

2003, state and national drug court efforts were used to help draft tribal-specific healing to wellness

court curriculums. The newly developed Healing to Wellness Courts were not simply tribal courts that

heard cases involving substance abuse but were special court docket-collaboratives that partnered with

service providers to create a program for participants that included extensive supervision and

treatment. 8 Tribal Healing to Wellness courts are guided by the Tribal Ten Key Components, which

are the fundamental essentials of the drug court concept that were adjusted to reflect the tribal notions

of healing and wellness, particularly the concept of a healing to wellness journey and the collaboration

involved. 9

SECTION 3. CONSULTATION AND OUTREACH

A. The following departments within the Nation participated in the development of this Law and

legislative analysis:

 Oneida Nation Judiciary;

 Oneida Police Department:

 Oneida Behavioral Health;

U.S. Department of Justice Office of Justice Programs, “Tribal Healing to Wellness Court: The Key Components,”

(April 2003).

Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”.

Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021).

Id.

Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”.

Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021).

Id.

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Analysis to Draft 1 for OBC Consideration

2022 07 13

 Tribal Action Plan (TAP);

 Legal Resource Center;

 General Manager; and

 Oneida Business Committee.

B. The following groups outside of the Nation were consulted in the drafting of this law and analysis:

 Tribal Law and Policy Institute;

 National Association of Drug Court Professionals (NADCP);

 Wisconsin Department of Corrections; and

 Wisconsin Statewide Treatment Court Coordinator.

C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the

drafting of this Law and analysis:

 Ho-Chunk Nation Healing to Wellness Court Code;

 Cherokee Tribal Drug Court Code of Ordinances;

 Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Wellness Court Tribal

Code;

 Fort Peck Wellness Court Code;

 Penobscot Nation Healing to Wellness Court Program Procedures;

 Poarch Band Creek of Indians Healing to Wellness Court Code;

 Swinomish Tribal Court Code;

 Fort McDowell Yavapai Nation Law and Order Code;

 Winnebago Tribal Traditional Wellness Court Code; and

 Tlingit and Haida Indian Tribes of Alaska Wellness Court Code.

SECTION 4. PROCESS

A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On October 7, 2020, the Legislative Operating Committee added this Law to its Active

Files List.

 On February 16, 2022, the Legislative Operating Committee approved the draft of this law

and directed that a legislative analysis be developed.

 On March 16, 2022, the Legislative Operating Committee approved the draft of the

legislative analysis.

 On April 6, 2022, the Legislative Operating Committee approved the public meeting packet

and forwarded the Healing to Wellness Court law to a public meeting to be held on May 4,

2022.

 On May 4, 2022, the public meeting was held in person in the Norbert Hill Center and on

Microsoft Teams. Two (2) individuals provided public comment during the public meeting

via Microsoft Teams.

 On May 11, 2022, the public comment period closed. One (1) submission of written

comments was received during the public comment period.

 On May 18, 2022, the Legislative Operating Committee accepted the public comments and

the public comment review memorandum and deferred these items to a work meeting for

further consideration.

 On June 1, 2022, the Legislative Operating Committee approved the updated public

comment review memorandum, draft, and updated legislative analysis. The Legislative

Public Packet

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101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

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Analysis to Draft 1 for OBC Consideration

2022 07 13

Operating Committee also approved the fiscal impact statement request memorandum and

forwarded the request memorandum to the Finance Department directing that a fiscal

impact statement be prepared and submitted to the Legislative Operating Committee by

June 15, 2022.

 On June 1, 2022, the Finance Department requested additional time to complete a fiscal

impact statement, the Legislative Operating Committee then subsequently agreed to amend

the due date of the fiscal impact statement to June 29, 2022.

 On June 29, 2022, the Finance Department provided the Legislative Operating Committee

with the fiscal impact statement.

B. A group that included members from the departments of the Legislative Reference Office, Legislative

Operating Committee, Oneida Business Committee, Oneida Nation Judiciary, Oneida Police

Department, Oneida Behavioral Health, and the Legal Resource Center participated in the Tribal

Healing to Wellness Court Planning Initiative (THTWCPI) Training held by the National Association

of Drug Court Professionals (NADCP) through Microsoft Teams on the following dates:

 November 18, 2020;

 November 19, 2020; and

 November 20, 2020.

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

regarding the development of this Law:

 January 6, 2021: LOC work meeting with the Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin

Department of Corrections.

 January 20, 2021: LOC work meeting Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin

Department of Corrections.

 January 28, 2021: LOC work meeting.

 February 5, 2021: Work meeting with Oneida Judiciary.

 March 2, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, Legal Recourse Center, and Tribal Action

Plan.

 March 16, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary,

General Manager, Oneida Behavioral Health, and Legal Recourse Center.

 May 18, 2021: Work meeting with Oneida Judiciary, Oneida Behavioral Health, Tribal

Action Plan, Cultural Heritage.

 January 19, 2022: LOC work meeting.

 January 27, 2022: LOC work meeting with Oneida Police Department, and Oneida

Judiciary.

 February 10, 2022: LOC work meeting with Oneida Police Department, and Oneida

Judiciary.

 March 31, 2022: LOC work meeting.

 May 4, 2022: LOC work session.

 May 18, 2022: LOC work session.

SECTION 5. CONTENTS OF THE LEGISLATION

Public Packet

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

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A. Purpose and Policy. The purpose of this Law is to establish the Nation’s Healing to Wellness Court.

The Court shall offer intensive treatment, case management, and court supervision to individuals who

have committed an offense directly or indirectly related to substance abuse or addiction issues. [8 O.C.

808.1-1]. It is the policy of the Nation to bring together community-healing resources with the Nation’s

justice system to collaborate with partnerships to reduce the risk of substance abuse and criminal

activity related to substance abuse. [8 O.C. 808.1-2].

B. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court.

[8 O.C. 808.4-1]. The Court shall have the authority to issue all orders necessary to ensure the safety,

well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. [8 O.C.

808.4-1(a)]. The Court shall have the power to implement all the duties, responsibilities, and remedies

set out in this Law, including the power to enforce subpoenas and orders of restriction, fines and orders

of restitution, contempt, and other powers as appropriate. [8 O.C. 808.4-1(b)].

C. Jurisdiction. The Healing to Wellness Court shall have jurisdiction over matters related to substance

abuse and addiction and any matters arising under this Law .[8 O.C. 808.4-2].

D. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a

Healing to Wellness Court Team, which shall be comprised of the following individuals:

1. Trial Court Judge;

2. Healing to Wellness Court Coordinator;

3. Oneida Police Department Officer;

4. Representative of Probation;

5. Substance Abuse Treatment Provider;

6. Representative of Oneida culture and heritage; and

7. Any other member to be determines by the Healing to Wellness Court Team. [8 O.C. 808.43(a)].

The composition of the Healing to Wellness Court Team may be revised as necessary as determined by

the Court. The Court shall provide notification of any revision to the composition of the Healing to

Wellness Court Team to the Oneida Business Committee and General Manager. [8 O.C. 808.4-3(b)].

E. Healing to Wellness Court Procedures. The Court shall establish policies and procedures governing

the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. All

Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited

guests as allowed by HIPAA regulations. [8 O.C. 808.5-3]. The Court shall not be a court of record.

Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team,

including the participant, while the participant is under the jurisdiction of the Court shall not be used

as evidence against the participant in any other proceeding in the Judiciary or any other court in any

other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to

the members of the Healing to Wellness Court Team. [8 O.C. 808.5-7]. However, confidential

information may always be disclosed after the participant has signed a proper consent form, even if it

is protected by Federal confidentiality regulations. The regulations also permit disclosure without a

participant’s consent in several situations, including medical emergencies, program evaluations, and

communications among program staff. [8 O.C. 808.5-7(a)].

SECTION 6. RELATED LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

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

Judiciary law. The Judiciary law established a Judiciary for the Nation, and provides for the

administration of law, justice, judicial procedures, and practices by the Nation as a sovereign

nation by exercising the inherent power to make, execute, apply, and enforce its own law, and

to apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.11].

 Court Open to the Public. The Judiciary law provides that proceedings of the Trial

Court shall be public, and members of the general public may freely attend the same,

except for peacemaking or mediation proceedings or if expressly prohibited by law. [8

O.C. 801.4-4].

1. This Law provides that all Healing to Wellness Court Team hearings shall be

closed to the public except for invited guests as allowed by HIPAA

regulations. [8 O.C. 808.5-3].

 Subject Matter Jurisdiction. The Judiciary law provides that Trial Court shall have

subject matter jurisdiction over cases and controversies where laws of the Nation

specifically authorize the Trial Court to exercise jurisdiction.

1. This Law provides that the Healing to Wellness Court shall have jurisdiction

over matters related to substance abuse and addiction and any matters arising

under this law. [8 O.C. 808.4-2].

 Internal Operating Procedures. The Judiciary law provides that the Judiciary is

authorized to establish internal operating procedures governing the operation of the

court, as long as the procedures shall not affect substantive rights and shall not conflict

with existing law, the Rules of Procedure, or other rules enacted or approved by the

Oneida Business Committee or Oneida General Tribal Council.

1. This Law provides that the Court shall establish policies and procedures

governing the operation and implementation of the Healing to Wellness Court

program. [8 O.C. 808.5-1].

Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure

governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a

consistent set of rules governing the process for civil claims, in order to ensure equal and fair

treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8

O.C. 803.1-1, 803.1-2].

 This Law provides that the Oneida Judiciary Rules of Civil Procedure shall not apply

in any Court proceedings. [8 O.C. 808.5-6].

Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules

of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida

Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and

promote the development of evidence law, by obtaining the truth and securing a just

determination. [8 O.C. 804.1-1, 804.1-2].

 This Law provides that the Oneida Judiciary Rules of Evidence shall not apply in any

Court proceedings. [8 O.C. 808.5-6].

Public Peace Law. The Public Peace law sets forth community standards and expectations

which preserve the peace, harmony, safety, health, and general welfare of individuals who live

within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Public Peace law prohibits a

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person from committing a civil infraction involving alcohol, tobacco, and drugs. [3 O.C. 309.44, 309.9]. Upon a finding by the Trial Court that a violation of the Public Peace law has

occurred, the individual may be ordered to participate in counseling or any other program

relevant and available to the Nation. [3 O.C. 309.11-2(c)].

 Potentially, a person who violates the Public Peace law may be ordered to participate

in the Nation’s Healing to Wellness Court program is allowed by Court’s policies and

procedures.

SECTION 7. OTHER CONSIDERATIONS

A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

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

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

i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative

Operating Committee. [1 O.C. 109.6-1].

ii. Fiscal Impact statements may be prepared by any agency who may receive funding if

the legislation is enacted, any agency who may administer a program if the legislation

is enacted, any agency who may have financial information concerning the subject

matter of the legislation, or by the Finance Office, upon request of the Legislative

Operating Committee. [1 O.C. 109.6-1(a) and (b)].

iii. Oneida Business Committee resolution BC-10-28-20-A titled, Further Interpretation

of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further

clarification on who the Legislative Operating Committee may direct complete a

fiscal impact statement at various stages of the legislative process, as well as

timeframes for completing the fiscal impact statement.

b. Conclusion. A fiscal impact statement was provided by the Finance Department on June 29,

2022.

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Title 8. Judiciary - Chapter 808

HEALING TO WELLNESS COURT

808.1. Purpose and Policy

808.2. Adoption, Amendment, Repeal

808.3. Definitions

808.4. General

808.5. Healing to Wellness Court Procedures

808.1. Purpose and Policy

808.1-1. Purpose. The purpose of this law is to establish the Nation’s Healing to Wellness Court

to:

(a) offer intensive case management, treatment, and court supervision to individuals who

committed an offense directly or indirectly related to a substance abuse or addiction issue;

(b) provide access to holistic, structured, and phased substance abuse treatment and

rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our

Ways);

each participant; and

(d) encourage and support each participant in the goal of their recovery to lead lawful

productive lives free of substance abuse and addiction.

808.1-2. Policy. It is the policy of the Nation to bring together community-healing resources with

the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental

partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity

affecting the Nation’s community in an effort to promote life-long substance abuse recovery and

the reintegration of participants into the Oneida community.

808.2. Adoption, Amendment, Repeal

808.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

808.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

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

808.2-3. 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.

808.2-4. 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.

808.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

808.3. Definitions

808.3-1. This section shall govern the definitions of words and phrases used within this law. All

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

(a) “Court” means the Oneida Healing to Wellness Court, which is a division under the

Trial Court that has the designated responsibility to oversee the Healing to Wellness Court

program matters.

(b) “Court of competent jurisdiction” means a federal, state, or tribal court that has

jurisdiction and authority to do a certain act or hear a certain dispute.

treatment program which promotes recover through a coordinated community-based

8. O.C. 808 – Page 1

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response for individuals who abuse or are dependent on any controlled substance or

alcohol.

(d) “Intragovernmental” means relating to or conducted within a government.

(e) “Intergovernmental” means relating to or conducted between two (2) or more

governments.

(f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A.

(g) “Nation” means the Oneida Nation.

(h) “Participant” means an individual who is admitted to the Healing to Wellness Court.

(i) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

808.4. General

808.4-1. Establishment. The Healing to Wellness Court is hereby established as a division of the

Trial Court.

(a) The Court shall have the authority to issue all orders necessary to ensure the safety,

well-being, and rehabilitation of individuals who come within or consent to its jurisdiction.

(b) The Court shall have the power to implement all the duties, responsibilities, and

remedies set out in this law, including the power to enforce subpoenas and orders of

restriction, fines and orders of restitution, contempt, and other powers as appropriate.

808.4-2. Jurisdiction. The Court shall have jurisdiction over matters related to substance abuse

and addiction and any matter arising under this law.

(a) Concurrent Jurisdiction. The Court shall have the authority to collaborate with courts

of competent jurisdiction that exercise concurrent jurisdiction.

(b) The Court may enter into collaborative inter-jurisdictional agreements with other

courts of competent jurisdiction, law enforcement agencies, and other service providers

upon approval by the Oneida Business Committee.

808.4-3. Healing to Wellness Court Team. The Healing to Wellness Court program shall be

administered by a Healing to Wellness Court Team. The Healing to Wellness Court Team is the

group of professionals who are primarily responsible for overseeing the day-to-day operations of

the Healing to Wellness Court program and administering the treatment and supervisory

interventions.

(a) Composition. The Healing to Wellness Court Team shall be comprised of the following

individuals:

(1) Trial Court Judge;

(2) Healing to Wellness Court Coordinator;

(3) Oneida Police Department Officer;

(4) Representative of Probation;

(5) Substance Abuse Treatment Provider;

(6) Representative of Oneida culture and heritage; and

(7) any other member to be determined by the Healing to Wellness Court Team.

(b) Revisions to the Composition of the Healing to Wellness Court Team. The composition

of the Healing to Wellness Court Team may be revised as necessary as determined by the

Court. The Court shall provide notification of any revision to the composition of the

Healing to Wellness Court Team to the Oneida Business Committee and General Manager.

8. O.C. 808 – Page 2

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808.5. Healing to Wellness Court Procedures

808.5-1. Establishment of Policies and Procedures. The Court shall establish policies and

procedures governing the operation and implementation of the Healing to Wellness Court program.

The policies and procedures of the Healing to Wellness Court program shall not affect substantive

rights and shall not conflict with existing law or rules enacted or approved by the Oneida Business

Committee or Oneida General Tribal Council unless otherwise provided for within this law.

808.5-2. Healing to Wellness Court Team meetings and hearings shall proceed pursuant to the

policies and procedures adopted by the Court.

808.5-3. All Healing to Wellness Court Team meetings and hearings shall be closed to the public

except for invited guests as allowed by HIPAA regulations.

808.5-4. The Court is strictly a non-adversarial forum.

808.5-5. The Court judge shall make all findings of facts relevant to each participant's case

pursuant to the policies and procedures adopted by the Court.

808.5-6. Exclusion from the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of

Civil Procedure. The Oneida Judiciary Rules of Evidence as well as the Oneida Judiciary Rules

of Civil Procedure shall not apply in any Court proceedings.

808.5-7. Not a Court of Record. The Court shall not be a court of record. Any information

obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the

participant, while the participant is under the jurisdiction of the Court shall not be used as evidence

against the participant in any other proceeding in the Judiciary or any other court in any other

jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to

the members of the Healing to Wellness Court Team.

(a) Confidential information may always be disclosed after the participant has signed a

proper consent form, even if it is protected by Federal confidentiality regulations. The

regulations also permit disclosure without a participant's consent in several situations,

including medical emergencies, program evaluations and communications among program

staff.

End.

Adopted – BC-__-__-__-__

8. O.C. 808 – Page 3

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FINANCE ADMINISTRATION

Fiscal Impact Statement

MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

June 21, 2022

RE:

Fiscal Impact of the Healing to Wellness Court Law

I. Estimated Fiscal Impact Summary

Law: Healing to Wellness Court Law

Implementing Agency

The Nation’s Judiciary, Oneida Police Department, and

Oneida Behavioral Health

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

Three to six months

Current Fiscal Year

$259,147

II.

10 Year Estimate

$2,798,088-$4,123,996

Background

A. Legislative History

This is a new law to establish the Nation’s Healing to Wellness Court.

B. Summary of Content

The purpose of this law is to establish the Nation’s Healing to Wellness Court to:

•

Offer intensive case management, treatment, and court supervision to

individuals who committed an offense directly or indirectly related to a

substance abuse or addiction issue;

Provide access to holistic, structured, and phased substance abuse treatment

and rehabilitation services that incorporate culture, tradition, and Tsi

Niyukwaliho t^ (Our Ways);

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•

III.

Create intragovernmental and intergovernmental collaborative teams to

interact with each participant; and

Encourage and support each participant in the goal of their recovery to lead

lawful productive lives free of substance abuse and addiction.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office

expenses, documentation costs, as well as an estimate of the amount of time necessary for

an agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

Executive Summary of Findings

•

The Healing to Wellness Court is hereby established as a division of the

Oneida Trial Court.

•

The Law will have the authority to issue all orders necessary to ensure the

safety, well-being, and rehabilitation of individuals who come within or

consent to its jurisdiction.

•

The Law will have the power to implement all the duties, responsibilities, and

remedies set out in this law, including the power to enforce subpoenas and

orders of restriction, fines and orders of restitution, contempt, and other

powers as appropriate.

•

The Law will have jurisdiction over matters related to substance abuse and

addiction and any matter arising under this law.

•

The Law will have the authority to collaborate with courts of competent

jurisdiction that exercise concurrent jurisdiction.

•

The Law may enter into collaborative inter-jurisdictional agreements with

other courts of competent jurisdiction, law enforcement agencies, and other

service providers upon approval by the Oneida Business Committee.

•

The Healing to Wellness Court Team shall be comprised of the following

individuals:

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(1) Oneida Trial Court Judge;

(2) Oneida Healing to Wellness Court Coordinator;

(3) Oneida Police Department Officer;

(4) Representative of Probation;

(5) Substance Abuse Treatment Provider;

(6) Representative of Oneida Culture and Heritage; and

(7) Any other member to be determined by the Healing to Wellness Court Team.

•

The composition of the Healing to Wellness Court Team may be revised as

necessary as determined by the Court.

•

The Law will establish policies and procedures governing the operation and

implementation of the Healing to Wellness Court program.

•

All Healing to Wellness Court Team meetings and hearings shall be closed to

the public except for invited guests as allowed by HIPAA regulations.

•

The Law is strictly a non-adversarial forum.

•

The Law will not be a court of record. Any information obtained, used, or

disclosed by a member of the Healing to Wellness Court Team, including the

participant, while the participant is under the jurisdiction of the Court shall not

be used as evidence against the participant in any other proceeding in the

Judiciary or any other court in any other jurisdiction.

Agency

The Law governs the overarching budget process and establishes requirements of the

Nation’s Judiciary, Oneida Police Department, and Oneida Behavioral Health. Oneida

Behavioral Health will need approximately 3 to 6 months for implementation. The

Oneida Police Department will be able to implement immediately. The Oneida Judiciary

will be able to implement with 45 days.

VI.

Financial Impact

The Oneida Judiciary and the Oneida Police Department have identified the estimated

fiscal impact to their areas for the proposed law. The Oneida Judiciary estimates the

annual impact to be approximately $259,622 and the Oneida Police Department has

estimated the cost for a deputy for each eight-hour increment to be approximately

$475.00. As it is unclear the level of need for the program upon adoption of the law, the

fiscal impact estimation includes eight hours to be conservative. The total fiscal impact

for one year is estimated at $259,622 and the ten-year impact is estimated at $2,798,088

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with an annual inflation factor of three percent (3%). If the level of need for the program

would require the Oneida Police Department to add a full-time position, the annual

impact is estimated at $382,647 for year one and the total for ten-year is estimated at

$4,123,996 with an inflation factor of three percent (3%).

VII.

Recommendation

Finance Department does not make a recommendation on course of action in this matter.

Rather, it is the purpose of this report to disclose potential financial impact of this

legislation, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

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Adopt the resolution entitled Adoption of an Emergency Amendment to the Election Law

Business Committee Agenda Request

1. Meeting Date Requested:

07/13/22

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, Adoption of an 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

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6. Supporting Documents:

☐ Bylaws

☐ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☐ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Emergency Adoption Memo, Legislative Analysis

☐ 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. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Kirby Metoxen, LOC Vice-Chairperson KM

July 13, 2022

Adoption of an Emergency Amendment to the Election Law

Please find the following attached backup documentation for your consideration of an emergency

amendment to the Election law:

Resolution: Adoption of an Emergency Amendment to the Election law

Statement of Effect: Adoption of an Emergency Amendment to the Election law

Election law Emergency Amendment Legislative Analysis

Election law Emergency Amendment Draft (Redline)

Election law Emergency Amendment (Clean)

Overview

An emergency amendment to the Election law is being sought. 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 reduce the number of Oneida Election Board members required to sign the election totals of

machine counted ballots from six (6) to three (3) members. [1 O.C. 102.10-2].

The 2022 Special Election is currently scheduled for July 16, 2022. The Oneida Election Board

has requested emergency amendments to the Election law to address the number of Oneida

Election Board members required to sign the election totals of machine counted ballots. Section

102.10-2 of the Election law requires that at least six (6) Oneida Election Board members sign the

election totals of machine counted ballots, which shall include the tape signed by the members of

the Nation before the polls were opened per section 102.9-3(a). The Oneida Election Board has

provided that they do not have enough Oneida Election Board members to meet the requirement

of section 102.10-2 of the Law.

The Oneida Business Committee can temporarily enact legislation 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. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting

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

The emergency amendment to the Election law is necessary for the preservation of the general

welfare of the Reservation population to ensure that the July 2022 Special Election can occur

without interruption and be held in accordance with the Election law.

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Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of the amendment to the Election law would be contrary to public interest since the 2022

Special Election is scheduled for July 16, 2022, and the process and requirements of the Legislative

Procedures Act cannot be completed in time to ensure that the Special Election could still occur

on July 16, 2022, without violating the Election law.

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 Legislative Procedures Act 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)].

Requested Action

Approve the Resolution: Adoption of an Emergency Amendment to the Election Law

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Adoption of an 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 2022 Special Election has been scheduled for July 16, 2022; and

WHEREAS,

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

address the number of Oneida Election Board members required to sign the election totals

of machine counted ballots; and

WHEREAS,

section 102.10-2 of the Law requires that at least six (6) Oneida Election Board members

sign the election totals of machine counted ballots, which shall include the tape signed by

the members of the Nation before the polls were opened per section 102.9-3(a); and

WHEREAS,

the Oneida Election Board has provided that they do not have enough Oneida Election

Board members to meet the requirement of section 102.10-2 of the Law; and

WHEREAS,

the proposed emergency amendment to the Law lowers the number of Oneida Election

Board members that are required sign the election totals for machine counted ballots from

six (6) to three (3) members; 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 July 2022 Special

Election can occur without interruption and be held in accordance with the Law; and

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BC Resolution _____________

Adoption of an Emergency Amendments to the Election Law

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WHEREAS,

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

amendments would be contrary to public interest since the 2022 Special Election is

scheduled for July 16, 2022, and the process and requirements of the Legislative

Procedures Act cannot be completed in time to ensure that the Special Election could still

occur on July 16, 2022, without violating the Law; 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.

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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

Adoption of an Emergency Amendment to the Election law

Summary

This resolution adopts an emergency amendment to the Election law to reduce the number of

Oneida Election Board members required to sign the election totals of machine counted ballots

from six (6) to three (3) members. [1 O.C. 102.10-2]

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

Date: July 7, 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 reduce the number of Oneida Election Board members required to sign the election totals

of machine counted ballots from six (6) to three (3) members. [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)].

The 2022 Special Election is currently scheduled for July 16, 2022. The Oneida Election Board

has requested emergency amendments to the Election law to address the number of Oneida

Election Board members required to sign the election totals of machine counted ballots. Section

102.10-2 of the Election law requires that at least six (6) Oneida Election Board members sign the

election totals of machine counted ballots, which shall include the tape signed by the members of

the Nation before the polls were opened per section 102.9-3(a). The Oneida Election Board has

provided that they do not have enough Oneida Election Board members to meet the requirement

of section 102.10-2 of the Law.

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 July 2022

Special Election can occur without interruption and be held in accordance with 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 since the 2022 Special Election is scheduled

for July 16, 2022, and the process and requirements of the LPA cannot be completed in time to

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ensure that the Special Election could still occur on July 16, 2022, without violating the Election

law.

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.

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Analysis to Emergency Draft 1

2022 07 13

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

Reduce the number of Election Board members required to sign the election

totals of machine counted ballots from six (6) to three (3) members. [1 O.C.

102.10-2]

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

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 July 5, 2022, the Legislative Operating Committee received

a request from the Oneida Election Board for the consideration of emergency amendments to the

Election law. The Nation’s 2022 Special Election will be held on July 16, 2022. Section 102.10-2 of

the Election Law requires that at least six (6) Election Board members sign the election totals on

machine counted ballots. The Oneida Election Board

This text is long and has been trimmed here. Open the source document for the complete record.

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