Oneida Business Committee (2023)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
April 19, 2023
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. April 7, 2023 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Petition: L. Dallas – Disclosure of FY- 2020 Budget (pg. 6)
2. Petition: L. Dallas – Disclosure of FY- 2021 Budget (pg. 12)
3. Petition: L. Dallas – Disclosure of FY- 2022 Budget (pg. 18)
4. Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all
Eligible Oneida Enrolled Members (pg. 24)
5. Petition: L. Dallas – Term Limits for 2023 (pg. 29)
IV.
New Submissions
V.
Additions
1. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business 2023 (pg.
40)
VI.
Administrative Updates
1. Memorandum: Status Update for Outstanding General Tribal Council Petitions (pg. 47)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
r'\
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
April 7, 2023
9:00 a.m.
Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman King (Microsoft
Teams)
Excused: Jennifer Webster
Others Present: Clorissa N. Leeman, Grace Elliott (Microsoft Teams), Rhiannon Metoxen
(Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Michelle Tipple (Microsoft Teams),
Matt Denny (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Danielle White (Microsoft
Teams), Todd Vanden Heuvel (Microsoft Teams), Monica Doxtator (Microsoft Teams), Kristal
Hill (Microsoft Teams), Kristine Hill (Microsoft Teams), Ralinda Ninham-Lamberies (Microsoft
Teams), Terri Schlitz (Microsoft Teams), Debra Danforth (Microsoft Teams), Racquel Hill
(Microsoft Teams), Brenda Haen (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the April 7, 2023, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marie Cornelius to adopt the agenda as is; seconded by Kirby Metoxen. Motion
carried unanimously.
II.
Minutes to be Approved
1. March 15, 2023 LOC Meeting Minutes
Motion by Marie Cornelius to approve the March 15, 2023, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance
Motion by Marie Cornelius to accept the statement of effect for the Petition: L. Dallas –
Alcohol and Drug Addiction Treatment Assistance and forward to the Oneida Business
Committee; seconded by Kirby Metoxen. Motion carried unanimously.
2. Petition: L. Dallas – FY 2023 Budget
Motion by Kirby Metoxen to accept the statement of effect for the Petition: L. Dallas – FY
2023 Budget and forward to the Oneida Business Committee; seconded by Marie
Cornelius. Motion carried unanimously.
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Legislative Operating Committee Meeting Minutes of April 7, 2023
Page 1 of 4
ONEIDA
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3. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business
Motion by Kirby Metoxen to accept the statement of effect for the Petition: L. Dallas –
GTC Directive for OBC to Stay Out of Day-to-Day Business and forward to the Oneida
Business Committee; seconded by Daniel Guzman King. Motion carried unanimously.
IV.
New Submissions
1. Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the
General Tribal Council
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
2. Petition: L. Dallas – Community Improvement Projects (CIP) and Funding
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
3. Petition: L. Dallas – Contract of Chief Counsel JoAnne House
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
4. Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by
General Tribal Council Prior to Each General Tribal Council Meeting
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
5. Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure
Return to the Previous State it was Prior to March 2020
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
6. Petition: L. Dallas – Direct Transportation be Made Available by the Oneida
Nation to Areas with Large Populations of Oneida Enrolled Members to and
from General Tribal Council Meetings
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
7. Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
8. Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational
Changes from March 2020-Present
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of April 7, 2023
Page 2 of 4
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9. Petition: L. Dallas – Disclosure of FY- 2020 Budget
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
10. Petition: L. Dallas – Disclosure of FY- 2021 Budget
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
11. Petition: L. Dallas – Disclosure of FY- 2022 Budget
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
12. Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from
January 1, 2020 – Present
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
13. Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to
England for the October 9, 2022, Green Bay Packer Game
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
14. Petition: L. Dallas – Donations - Internal and External
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
15. Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy
Training
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
16. Petition: L. Dallas – Implement Payments of Medicare Plan B Premium
Payments to all Eligible Oneida Enrolled Members
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
17. Petition: L. Dallas – Oneida Nation Disability Fund
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
18. Petition: L. Dallas – Repeal and Replace Current Removal Law
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of April 7, 2023
Page 3 of 4
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19. Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120Day Petition Timeline Adopted by General Tribal Council
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
20. Petition: L. Dallas – Repeal the Budget and Finances Law
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
21. Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of
Power and Authority to all Entities
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
22. Petition: L. Dallas – Term Limits for 2023
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
23. Petition: L. Dallas – Transitional Housing
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
24. Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General
Tribal Council Meeting
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with
all LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Kirby Metoxen to adjourn at 9:11 a.m.; seconded by Marie Cornelius. Motion
carried unanimously.
Legislative Operating Committee Meeting Minutes of April 7, 2023
Page 4 of 4
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
April 19, 2023
Petition: L. Dallas – Disclosure of
FY 2020 Budget
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that the budget for FY 2020 (both proposed and actual) along with all of the
funding sources and expenditures clearly, concisely, and separately disclosed to the
General Tribal Council in its entirety for review, discussion and action by the General
Tribal Council;
Direct full disclosure of any funds not utilized and what was done with them; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Disclosure of FY 2020 Budget and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Disclosure of FY 2020 Budget
Summary
This petition requests the General Tribal Council to consider directing that the budget for Fiscal
Year 2020 along with all of the funding sources and expenditures be clearly, concisely, and
separately disclosed to the General Tribal Council in its entirety for review, discussion, and action.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 14, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Disclosure of FY 2020 Budget (“the Petition”) was
submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
• Direct that the budget for FY 2020 (both proposed and actual) along with all of
the funding sources and expenditures clearly, concisely, and separately disclosed
to the General Tribal Council in its entirety for review, discussion and action by
the General Tribal Council;
• Direct full disclosure of any funds not utilized and what was done with them; and
• GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Fiscal Year 2020 Budget
The Fiscal Year 2020 budget was lawfully adopted in accordance with the Budget Management
and Control law 1 by the General Tribal Council through resolution GTC-09-16-19-A, Adoption of
Fiscal Year 2020 Budget. Resolution GTC-09-16-19-A adopted the Fiscal Year 2020 Budget of
four hundred ninety five million nine hundred thousand eight hundred seventy-eight dollars
($495,900,878), and also reaffirmed Oneida Business Committee resolutions BC-09-27-17-I,
Strategic Workforce Planning – Budget – Implementation for Oneida Nation, and BC-03-14-18D, Amending Resolution BC-09-27-17-I, Strategic Workforce Planning – Budget –
Implementation, for Oneida Nation as a method of understanding and directing employment levels
to meet the organizational needs of the Nation to generate revenues and protect the health, safety,
and welfare of members of the community, while also confirming that all employment decisions
shall be made while avoiding lay-offs as a last resort.
In early 2020, the world began experiencing the effects of the COVID-19 pandemic. As a result of
the COVID-19 pandemic, in accordance with the authority granted to the Oneida Business
Committee through the Emergency Management law, on March 12, 2020, Chairman Tehassi Hill
signed a Declaration of Public Health State of Emergency. [3 O.C. 302.8-1]. The Oneida Business
Committee then took action to adopt resolution BC-03-17-20-A, Adoption of Tier IV Budget
Contingency Plan for the Remainder of Fiscal Year 2020 As A Result of Potential COVID-19
Pandemic Financial Impacts, which adopted the Tier IV budget reductions from the Budget
Contingency Plan as adopted through resolution BC-09-13-17-A, Adoption of Budget Contingency
Plan in Conformance with the Budget Control and Management and Control Law, delayed certain
budget actions, and provided that employees shall be compensated in the event of closures. 2 Then
less than a month later, the Oneida Business Committee adopted resolution BC-04-08-20-C, Tier
V Budget Contingency Declared for Remainder of Fiscal Year 2020, which adopted Tier V budget
reductions from the Budget Contingency Plan as adopted through resolution BC-09-13-17-A,
reduced all funding to essential services, reduced employee levels to essential employees only,
prohibited travel, set aside on hold all capital expenditures, capital improvement projects and
technology set asides, and restricted building maintenance and repair expenses.
1
The Fiscal Year 2020 Budget was developed and adopted in accordance with the Budget Management and Control
law as adopted through resolution BC-02-08-17-C, Adoption of the Budget Management and Control Law. The Budget
Management and Control law was amended in May of 2022 through the adoption of resolution BC-05-11-22-B,
Amendments to the Budget Management and Control Law, and retitled the Budget and Finances Law.
2
Section 121.4-3 of the Budget Management and Control law, BC-02-08-17-A, required the Oneida Business
Committee to work with the Chief Financial Officer, executive managers, and managers to create a budget contingency
plan which provides a strategy for the Nation to respond to extreme financial distress that could negatively impact the
Nation. The Oneida Business Committee adopted the Nation’s Budget Contingency Plan through resolution BC-0913-17-A. The Oneida Business Committee was delegated responsibility for the implementation of the budget
contingency plan, provided that the Oneida Business Committee first makes a determination that the Nation is under
extreme financial distress. The declaration of a Public Health Emergency by the Nation and the potential financial
impacts of the COVID-19 pandemic meet the Budget Management and Control law’s requirement that the Nation be
under extreme financial distress for the budget contingency plan to be implemented.
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Budget and Finances Law
Today, the Budget and Finances law sets forth the requirements to be followed by the Oneida
Business Committee and the Oneida fund units when preparing the budget to be presented to the
General Tribal Council for approval, and to establish financial policies and procedures for the
Nation which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
The Petition calls for the Fiscal Year 2020 budget to be brought before the General Tribal Council
in its entirety for review, discussion, and action by the General Tribal Council. Specifically, the
Petition requests that information on the Fiscal Year 2020 budget’s funding sources, expenditures,
and unexpended funds be clearly, concisely, and separately disclosed to the General Tribal
Council.
There are no legislative impacts in regard to the Petition’s directive that the Fiscal Year 2020
budget be brought before the General Tribal Council for review and discussion for the purpose of
providing the membership with greater understanding of the Fiscal Year 2020 budget.
The Petition’s directive that the Fiscal Year 2020 budget be brought before the General Tribal
Council for action by the General Tribal Council may have legislative impacts. It is unclear what
action the General Tribal Council may want to take in regard to the Fiscal Year 2020 budget. The
submission of this Petition was not timely for the consideration of action by the General Tribal
Council, as the Petition was not submitted until nearly three (3) years and six (6) months after the
adoption of the Fiscal Year 2020 budget by the General Tribal Council, and this Petition is not
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expected to be presented to the General Tribal Council for consideration until August 2023, which
is nearly four (4) years after the adoption of the Fiscal Year 2020 budget by the General Tribal
Council.
In regard to action that can be taken to address a budget after adoption, the Budget and Finances
law only allows the amendment of a budget in certain circumstances. After a budget is adopted,
amendments of the budget are not permitted unless it is necessary to avoid a budget deficit. [1
O.C. 121.5-5]. The Treasurer and Chief Financial Officer are required to identify when forecasted
revenue and forecasted expenses are impacted in a manner which creates a deficit for the current
fiscal year, and then the Chief Financial Officer is required to provide the Oneida Business
Committee a written fiscal analysis and any input on the potential budget amendment. Id. The
Oneida Business Committee shall be responsible for adopting an amendment to the budget through
resolution of the Nation. Id. The Oneida Business Committee shall present notification of the
budget amendment at the next available General Tribal Council meeting. Id. In this situation, an
amendment of the Fiscal Year 2020 budget would not be allowed by the Budget and Finances law
since the Fiscal Year 2020 has concluded and the Fiscal Year 2020 budget has been expended, and
therefore, any action to amend the budget is not necessary to avoid a budget deficit since we are
well beyond the Fiscal Year 2020.
Ten Day Notice Policy
Since the Fiscal Year 2020 budget was adopted by the General Tribal Council through resolution
GTC-09-16-19-A, it is important to note that any action to overrule previous passed motions or
resolutions require a two-thirds (2/3) majority vote in accordance with the Ten Day Notice Policy.
[1 O.C. 110.3-41(a)(3)].
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Disclosure of FY 2020 Budget would have the following
legislative effects:
1. There are no legislative impacts in regard to the Petition’s directive that the Fiscal Year
2020 budget be brought before the General Tribal Council for review and discussion for
the purpose of providing the membership with greater understanding of the Fiscal Year
2020 budget.
2. The Petition’s directive that the Fiscal Year 2020 budget be brought before the General
Tribal Council for action by the General Tribal Council may have legislative impacts. It is
unclear what action the General Tribal Council may want to take in regard to the Fiscal
Year 2020 budget. The submission of this Petition was not timely for the consideration of
action by the General Tribal Council, as the Petition was not submitted until nearly three
(3) years and six (6) months after the adoption of the Fiscal Year 2020 budget by the
General Tribal Council, and this Petition is not expected to be presented to the General
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Tribal Council for consideration until August 2023, which is nearly four (4) years after the
adoption of the Fiscal Year 2020 budget by the General Tribal Council. An amendment of
the Fiscal Year 2020 budget would not be allowed by the Budget and Finances law since
the Fiscal Year 2020 has concluded and the Fiscal Year 2020 budget has been expended,
and therefore, action to amend the budget is not necessary to avoid a budget deficit since
we are well beyond the Fiscal Year 2020.
3. Since the Fiscal Year 2020 budget was adopted by the General Tribal Council through
resolution GTC-09-16-19-A, it is important to note that any action to overrule previous
passed motions or resolutions require a two-thirds (2/3) majority vote in accordance with
the Ten Day Notice Policy.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Disclosure of FY 2020 Budget.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
April 19, 2023
Petition: L. Dallas – Disclosure of
FY 2021 Budget
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that the budget for FY 2021 (both proposed and actual) along with all of the
funding sources and expenditures clearly, concisely, and separately disclosed to the
General Tribal Council in its entirety for review, discussion and action by the General
Tribal Council;
Direct full disclosure of any funds not utilized and what was done with them; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Disclosure of FY 2021 Budget and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Disclosure of FY 2021 Budget
Summary
This petition requests the General Tribal Council to consider directing that the budget for Fiscal
Year 2021 along with all of the funding sources and expenditures be clearly, concisely, and
separately disclosed to the General Tribal Council in its entirety for review, discussion, and action.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 14, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Disclosure of FY 2021 Budget (“the Petition”) was
submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
• Direct that the budget for FY 2021 (both proposed and actual) along with all of
the funding sources and expenditures clearly, concisely, and separately be
disclosed to the General Tribal Council in its entirety for review, discussion and
action by the General Tribal Council;
• Direct full disclosure of any funds not utilized and what was done with them; and
• GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Fiscal Year 2021 Budget
In early 2020, the world began experiencing the effects of the COVID-19 pandemic. As a result of
the COVID-19 pandemic, in accordance with the authority granted to the Oneida Business
Committee through the Emergency Management law, on March 12, 2020, Chairman Tehassi Hill
signed a Declaration of Public Health State of Emergency. [3 O.C. 302.8-1]. 1 During this time the
Nation took action that protected the health and welfare of the Oneida Nation community and
employees which included health related restrictions such as closing programs, schools, offices
and businesses; significantly reducing and restricting expenditures to protect the Nation’s ability
to provide needed health and safety services to members and the community during the pandemic;
and, adopting actions which prohibited or limited public interactions, gatherings, and activities.
At the end of Fiscal Year 2020 the Treasurer and a Finance Team identified it was impossible to
identify revenues at any level of accuracy during Public Health State of Emergency as the economy
is impacted, and beyond as the economy recovers, which impacts the ability to generate a budget
for the Fiscal Year 2021; therefore, the Treasurer recommended that the Oneida Business
Committee adopt a continuing budget resolution for Fiscal Year 2021. Section 121.5-1 of the
Budget Management and Control law permitted the Oneida Business Committee to alter the
deadlines for the various budget processes and procedures set forth in the law only upon a showing
of good cause, provided that, the Oneida Business Committee approve any such alterations by
resolution. 2
The Oneida Business Committee then adopted resolution BC-08-12-20-J, Continuing Resolution
for Fiscal Year 2021, which directed that the Fiscal Year 2021 expenditures derive from each fund
unit’s approved Budget Contingency Plan, as impacted by resolution BC-04-08-20-C, Tier V
Budget Contingency Declared for Remainder of Fiscal Year 2020, and that all expenditures shall
be restricted to the greatest extent possible to allow the Nation to provide critical-essential services.
In addition, resolution BC-08-12-20-J also directed that the planned fifty cent ($0.50) wage
increase for Fiscal Year 2021 not be implemented, and provided further directives relating to
expenditures of operations, as well as fiscal reporting and allocations for critical-essential services.
The Treasurer, in consultation with the Chief Financial Officer, Finance Department, and Gaming
General Manager identified that sufficient information was available to begin and finalize the
Oneida Nation’s budget for Fiscal Year 2021, with significant budget restrictions. The Oneida
The Public Health State of Emergency was continuously extended until May 11, 2023, through adoption of the
following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-0909-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, and
BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, BC-03-23-22A, BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, BC-10-26-22-H, BC-01-11-23-B, BC-03-08-23-A.
2
The Budget Management and Control law as adopted through resolution BC-02-08-17-C, Adoption of the Budget
Management and Control Law, was in effect during the end of Fiscal Year 2020 and the beginning of Fiscal Year
2021. The Budget Management and Control law was amended in May of 2022 through the adoption of resolution BC05-11-22-B, Amendments to the Budget Management and Control Law, and retitled the Budget and Finances Law.
1
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Business Committee then adopted the Fiscal Year 2021 budget through the adoption of resolution
BC-11-24-20-F, Approval of Final Draft Fiscal Year 2021 Budget and Budget Directives, which
approved the final draft budget in the amount of four hundred twenty-six million four hundred
twenty-seven thousand eight hundred twenty-two dollars ($426,427,822), and adopted the budget
for implementation. Typically, the Oneida Business Committee is required to present the budget
to the General Tribal Council with a request for adoption. [1 O.C. 121.5-4(e) - BC-02-08-17-C 1
O.C. 121.5-8]. Due to the COVID-19, holding a General Tribal Council meeting to adopt the
budget would place members in significant jeopardy of contact with the virus and cause the virus
to spread throughout the community. On November 24, 2020, the Oneida Business Committee
adopted emergency amendments to the Budget Management and Control law through the adoption
of resolution BC-11-24-20-E, Emergency Amendments to the Budget Management and Control
Law, which provided that in the event that the Nation proclaims an emergency, in accordance with
the Emergency Management law, which prevents presentation and adoption of the budget by the
General Tribal Council, the Oneida Business Committee shall adopt the Nation’s budget. [1 O.C.
121.5-9(a)].
Budget and Finances Law
Today, the Budget and Finances law sets forth the requirements to be followed by the Oneida
Business Committee and the Oneida fund units when preparing the budget to be presented to the
General Tribal Council for approval, and to establish financial policies and procedures for the
Nation which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
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The Petition calls for the Fiscal Year 2021 budget to be brought before the General Tribal Council
in its entirety for review, discussion, and action by the General Tribal Council. Specifically, the
Petition requests that information on the Fiscal Year 2021 budget’s funding sources, expenditures,
and unexpended funds be clearly, concisely, and separately disclosed to the General Tribal
Council.
There are no legislative impacts in regard to the Petition’s directive that the Fiscal Year 2021
budget be brought before the General Tribal Council for review and discussion for the purpose of
providing the membership with greater understanding of the Fiscal Year 2021 budget.
The Petition’s directive that the Fiscal Year 2021 budget be brought before the General Tribal
Council for action by the General Tribal Council may have legislative impacts. It is unclear what
action the General Tribal Council may want to take in regard to the Fiscal Year 2021 budget. The
submission of this Petition was not timely for the consideration of action by the General Tribal
Council, as the Petition was not submitted until nearly two (2) years and four (4) months after the
adoption of the Fiscal Year 2021 budget by the Oneida Business Committee, and this Petition is
not expected to be presented to the General Tribal Council for consideration until August 2023,
which is nearly three (3) years after the adoption of the Fiscal Year 2021 budget by the Oneida
Business Committee.
In regard to action that can be taken to address a budget after adoption, the Budget and Finances
law only allows the amendment of a budget in certain circumstances. After a budget is adopted,
amendments of the budget are not permitted unless it is necessary to avoid a budget deficit. [1
O.C. 121.5-5]. The Treasurer and Chief Financial Officer are required to identify when forecasted
revenue and forecasted expenses are impacted in a manner which creates a deficit for the current
fiscal year, and then the Chief Financial Officer is required to provide the Oneida Business
Committee a written fiscal analysis and any input on the potential budget amendment. Id. The
Oneida Business Committee shall be responsible for adopting an amendment to the budget through
resolution of the Nation. Id. The Oneida Business Committee shall present notification of the
budget amendment at the next available General Tribal Council meeting. Id. In this situation, an
amendment of the Fiscal Year 2021 budget would not be allowed by the Budget and Finances law
since the Fiscal Year 2021 has concluded and the Fiscal Year 2021 budget has been expended, and
therefore, any action to amend the budget is not necessary to avoid a budget deficit since we are
well beyond the Fiscal Year 2021.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Disclosure of FY 2021 Budget would have the following
legislative effects:
1. There are no legislative impacts in regard to the Petition’s directive that the Fiscal Year
2021 budget be brought before the General Tribal Council for review and discussion for
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the purpose of providing the membership with greater understanding of the Fiscal Year
2021 budget.
2. The Petition’s directive that the Fiscal Year 2021 budget be brought before the General
Tribal Council for action by the General Tribal Council may have legislative impacts. It is
unclear what action the General Tribal Council may want to take in regard to the Fiscal
Year 2021 budget. The submission of this Petition was not timely for the consideration of
action by the General Tribal Council, as the Petition was not submitted until nearly two (2)
years and four (4) months after the adoption of the Fiscal Year 2021 budget by the Oneida
Business Committee, and this Petition is not expected to be presented to the General Tribal
Council for consideration until August 2023, which is nearly three (3) years after the
adoption of the Fiscal Year 2021 budget by the Oneida Business Committee. An
amendment of the Fiscal Year 2021 budget would not be allowed by the Budget and
Finances law since the Fiscal Year 2021 has concluded and the Fiscal Year 2021budget
has been expended, and therefore, action to amend the budget is not necessary to avoid a
budget deficit since we are well beyond the Fiscal Year 2021.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Disclosure of FY 2021 Budget.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
April 19, 2023
Petition: L. Dallas – Disclosure of
FY 2022 Budget
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that the budget for FY 2022 (both proposed and actual) along with all of the
funding sources and expenditures clearly, concisely, and separately disclosed to the
General Tribal Council in its entirety for review, discussion and action by the General
Tribal Council;
Direct full disclosure of any funds not utilized and what was done with them; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Disclosure of FY 2022 Budget and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
HANDOUT
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ONEIDA
Statement of Effect
Petition: L. Dallas – Disclosure of FY 2022 Budget
Summary
This petition requests the General Tribal Council to consider directing that the budget for Fiscal
Year 2022 along with all of the funding sources and expenditures be clearly, concisely, and
separately disclosed to the General Tribal Council in its entirety for review, discussion, and action.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 17, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Disclosure of FY 2022 Budget (“the Petition”) was
submitted to the Government Administrative Office by Linda Dallas and then verified by the
Oneida Trust Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business
Committee acknowledged receipt of the Petition and directed that the Legislative Reference Office
complete a statement of effect for the Petition with status updates to be submitted for the April 26,
2023, regular Business Committee meeting agenda and the first Business Committee meeting of
the month thereafter or until the final documents are submitted. The Legislative Operating
Committee added the Petition to its Active Files List on April 7, 2023, for a statement of effect to
be developed by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
• Direct that the budget for FY 2022 (both proposed and actual) along with all of
the funding sources and expenditures clearly, concisely, and separately be
disclosed to the General Tribal Council in its entirety for review, discussion and
action by the General Tribal Council;
• Direct full disclosure of any funds not utilized and what was done with them; and
• GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Fiscal Year 2022 Budget
In early 2020, the world began experiencing the effects of the COVID-19 pandemic. As a result of
the COVID-19 pandemic, in accordance with the authority granted to the Oneida Business
Committee through the Emergency Management law, on March 12, 2020, Chairman Tehassi Hill
signed a Declaration of Public Health State of Emergency, which was continuously extended until
May 11, 2023. [3 O.C. 302.8-1]. 1
The Oneida Business Committee adopted resolution BC-08-03-21-A, Setting Public Gathering
Guidelines During Public Health State of Emergency - COVID-19, which directed that indoor and
outdoor events be canceled when the infection rates within Brown or Outagamie Counties exceed
“low” as identified by the Wisconsin Department of Health Services.
On September 22, 2021, the Oneida Business Committee adopted resolution BC-09-22-21-E,
Continue to Operate Fiscal Year 2022, which authorized the continuation of the operations and
the expenditure of funds. Section 121.5-3(b) of the Budget Management and Control law required
the Oneida Business Committee to present the budget to the General Tribal Council with a request
for adoption by resolution no later than September 30th of each year, but in the event that the
General Tribal Council does not adopt a budget by September 30th, the Oneida Business
Committee is permitted to adopt a continuing budget resolution until such time as a budget is
adopted. 2 Resolution BC-09-22-21-E provided that the conditions it set forth would remain in
effect until the General Tribal Council approves the Fiscal Year 2022 budget, provided that, the
Oneida Business Committee, at a regular meeting in March 2022, shall review the ability to safely
hold a General Tribal Council meeting to adopt the budget if the budget has not already been
adopted by the General Tribal Council, and determine whether the Oneida Business Committee
should formally adopt the Fiscal Year 2022 budget on behalf of the General Tribal Council if a
meeting cannot be safely held.
Then on October 27, 2021, the Oneida Business Committee adopted resolution BC-10-27-21-C,
Amending Fiscal Year 2022 budget approval timelines provided in BC resolution #09-22-21-E
Continue to Operate Fiscal Year 2022, which amended the Fiscal Year 2022 budget approval
timelines provided in resolution BC-09-22-21-E to provide that the Oneida Business Committee,
at a regular meeting in December 2021, shall review the ability to safely hold a General Tribal
The Public Health State of Emergency was continuously extended until May 11, 2023, through adoption of the
following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-0909-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, and
BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, BC-03-23-22A, BC-05-11-22-E, BC-07-13-22-F, BC-09-14-22-C, BC-10-26-22-H, BC-01-11-23-B, BC-03-08-23-A.
2
The Budget Management and Control law as emergency amended through resolution BC-05-12-21-C, Emergency
Amendments to the Budget Management and Control Law, was in effect during this time. The Budget Management
and Control law was amended in May of 2022 through the adoption of resolution BC-05-11-22-B, Amendments to the
Budget Management and Control Law, and retitled the Budget and Finances Law.
1
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Council meeting to adopt the budget if the budget has not already been adopted by the General
Tribal Council and determine whether the Oneida Business Committee should formally adopt the
Fiscal Year 2022 budget on behalf of the General Tribal Council if a meeting cannot be safely
held.
The Oneida Business Committee adopted resolution BC-12-08-21-B, Updating Public Gathering
Guidelines During Public Health State of Emergency – COVID-19, which prohibits indoor public
meetings due to the Nation’s Public Health State of Emergency when COVID-19 case activity
rates and percent positive rates within Brown or Outagamie Counties exceeds “low” as identified
by the Wisconsin Department of Health Services, and the transmission rates by ZIP Code
Tabulation Area are at or below low in ZIP Codes 54115, 54130, 54155, 54162, 54165, 54303,
54304, and 54313 exceeds “low” as identified by the Wisconsin Department of Health Services.
The Oneida Business Committee determined that the Fiscal Year 2022 will be near the end of its
first quarter without having a budget formally adopted and unlikely to have either an in-person or
virtual meeting called before the second quarter or half of the fiscal year has passed.
The Oneida Business Committee then adopted resolution BC-12-22-21-B, Adoption of Fiscal Year
2022 Budget, in which the Oneida Business Committee, on behalf of the General Tribal Council,
adopted the Fiscal Year 2022 budget and authorized the Fiscal Year 2022 budget to be fully
implemented superseding resolution BC-09-22-21-E and resolution BC-10-27-21-C. Resolution
BC-12-22-21-B also provided that the approved Fiscal Year 2022 budget be subject to amendment
upon completion of the Human Resources Department’s Market Wage Analysis. The Oneida
Business Committee adopted the Fiscal Year 2022 budget on behalf of the General Tribal Council
in accordance with the emergency budget adoption provision found in section 121.5-3(b)(1) of the
Budget Management and Control law, which provided that in the event that the Nation proclaims
an emergency, in accordance with the Emergency Management law, which prevents presentation
and adoption of the budget by the General Tribal Council, the Oneida Business Committee shall
adopt the Nation’s budget. 3 The Fiscal Year 2022 budget was lawfully adopted in accordance with
the Budget Management and Control law.
Budget and Finances Law
Today, the Budget and Finances law sets forth the requirements to be followed by the Oneida
Business Committee and the Oneida fund units when preparing the budget to be presented to the
General Tribal Council for approval, and to establish financial policies and procedures for the
Nation which:
The Budget Management and Control law as adopted through the extension of the emergency through resolution
BC-11-10-21-B, Extension of the Emergency Amendments to the Budget Management and Control Law, was in effect
during this time.
3
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institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
The Petition calls for the Fiscal Year 2022 budget to be brought before the General Tribal Council
in its entirety for review, discussion, and action by the General Tribal Council. Specifically, the
Petition requests that information on the Fiscal Year 2022 budget’s funding sources, expenditures,
and unexpended funds be clearly, concisely, and separately disclosed to the General Tribal
Council.
There are no legislative impacts in regard to the Petition’s directive that the Fiscal Year 2022
budget be brought before the General Tribal Council for review and discussion for the purpose of
providing the membership with greater understanding of the Fiscal Year 2022 budget.
The Petition’s directive that the Fiscal Year 2022 budget be brought before the General Tribal
Council for action by the General Tribal Council may have legislative impacts. It is unclear what
action the General Tribal Council may want to take in regard to the Fiscal Year 2022 budget. The
submission of this Petition was not timely for the consideration of action by the General Tribal
Council, as the Petition was not submitted until nearly one (1) year and three (3) months after the
adoption of the Fiscal Year 2022 budget by the Oneida Business Committee, and this Petition is
not expected to be presented to the General Tribal Council for consideration until August 2023,
which is nearly one (1) year and eight (3) months after the adoption of the Fiscal Year 2022 budget
by the Oneida Business Committee.
In regard to action that can be taken to address a budget after adoption, the Budget and Finances
law only allows the amendment of a budget in certain circumstances. After a budget is adopted,
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amendments of the budget are not permitted unless it is necessary to avoid a budget deficit. [1
O.C. 121.5-5]. The Treasurer and Chief Financial Officer are required to identify when forecasted
revenue and forecasted expenses are impacted in a manner which creates a deficit for the current
fiscal year, and then the Chief Financial Officer is required to provide the Oneida Business
Committee a written fiscal analysis and any input on the potential budget amendment. Id. The
Oneida Business Committee is then responsible for adopting an amendment to the budget through
resolution of the Nation. Id. The Oneida Business Committee is required to present notification of
the budget amendment at the next available General Tribal Council meeting. Id. In this situation,
an amendment of the Fiscal Year 2022 budget would not be allowed by the Budget and Finances
law since the Fiscal Year 2022 has concluded and the Fiscal Year 2022 budget has been expended,
and therefore, any action to amend the budget is not necessary to avoid a budget deficit since we
are well beyond the Fiscal Year 2022.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Disclosure of FY 2022 Budget would have the following
legislative effects:
1. There are no legislative impacts in regard to the Petition’s directive that the Fiscal Year
2022 budget be brought before the General Tribal Council for review and discussion for
the purpose of providing the membership with greater understanding of the Fiscal Year
2022 budget.
2. The Petition’s directive that the Fiscal Year 2022 budget be brought before the General
Tribal Council for action by the General Tribal Council may have legislative impacts. It is
unclear what action the General Tribal Council may want to take in regard to the Fiscal
Year 2022 budget. The submission of this Petition was not timely for the consideration of
action by the General Tribal Council, as the Petition was not submitted until nearly one (1)
year and three (3) months after the adoption of the Fiscal Year 2022 budget by the Oneida
Business Committee, and this Petition is not expected to be presented to the General Tribal
Council for consideration until August 2023, which is nearly one (1) year and eight (8)
months after the adoption of the Fiscal Year 2022 budget by the Oneida Business
Committee. An amendment of the Fiscal Year 2022 budget would not be allowed by the
Budget and Finances law since the Fiscal Year 2022 has concluded and the Fiscal Year
2022 budget has been expended, and therefore, action to amend the budget is not necessary
to avoid a budget deficit since we are well beyond the Fiscal Year 2022.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Disclosure of FY 2022 Budget.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
April 19, 2023
Petition: L. Dallas – Implement
Payments of Medicare Plan B Premium
Payments to all Eligible Oneida
Enrolled Members
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
To direct the Oneida Business Committee to implement direct payments and/or
reimbursement payments of Medicare Plan B Premium Payments for all Oneida
Enrolled Tribal Members eligible for Medicare Part B (i.e. elders, disabled, etc.), to
be effective January 1st of Fiscal Year 2024 and every year thereafter;
To direct the Oneida Business Committee to develop a process that includes, but is not
limited to: screening and ensuring all other available sources of payment are first
applied for by the eligible Oneida Enrolled Tribal Members eligible for Medicare Part
B Premium Payments AND assists the eligible the eligible Oneida Enrolled Tribal
Members to apply for other funding sources when they are available, and will be
effective January 1st of Fiscal Year 2024 and every year thereafter;
GTC reserves the right to review, discuss , and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
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Next Steps:
Accept the statement of effect for Petition: L. Dallas – Implement Payments of Medicare
Plan B Premium Payments to all Eligible Oneida Enrolled Members and forward to the
Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all Eligible
Oneida Enrolled Members
Summary
This petition requests the General Tribal Council to consider directing the Oneida Business
Committee to implement direct payments or reimbursement payments of Medicare Plan B
premium payments for all members of the Nation eligible for Medicare Part B, as well as develop
a process to screen and ensure other available sources of payment are sought by members of the
Nation, and then assist members of the Nation with applying for those resources.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 12, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Implement Payments of Medicare Plan B Premium
Payments to all Eligible Oneida Enrolled Members (“the Petition”) was submitted to the
Government Administrative Office by Linda Dallas and then verified by the Oneida Trust
Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business Committee
acknowledged receipt of the Petition and directed that the Legislative Reference Office complete
a statement of effect for the Petition with status updates to be submitted for the April 26, 2023,
regular Business Committee meeting agenda and the first Business Committee meeting of the
month thereafter or until the final documents are submitted. The Legislative Operating Committee
added the Petition to its Active Files List on April 7, 2023, for a statement of effect to be developed
by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
• To direct the Oneida Business Committee to implement direct payments and/or
reimbursement payments of Medicare Plan B Premium Payments for all Oneida
Enrolled Tribal Members eligible for Medicare Part B (i.e. elders, disabled, etc.),
to be effective January 1st of Fiscal Year 2024 and every year thereafter;
• To direct the Oneida Business Committee to develop a process that includes, but
is not limited to: screening and ensuring all other available sources of payment are
first applied for by the eligible Oneida Enrolled Tribal Members eligible for
Medicare Part B Premium Payments AND assists the eligible Oneida Enrolled
Tribal Members to apply for other funding sources when they are available, and
will be effective January 1st of Fiscal Year 2024 and every year thereafter;
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• GTC reserves the right to review, discuss , and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Directive for the Implementation of Medicare Part B Premium Payments
The Petition calls for the General Tribal Council to direct the Oneida Business Committee to
implement direct payments or reimbursement payments of Medicare Plan B premium payments
for all members of the Nation eligible for Medicare Part B, as well as develop a process to screen
and ensure other available sources of payment are sought by members of the Nation, and then
assist members of the Nation with applying for those resources. The Petition calls that these actions
be effect January 1st of Fiscal Year 2024, and every year thereafter.
There are no laws of the Nation that directly address the implementation of any program to make
direct payments or reimbursement payments of Medicare Plan B premium payments or provide
assistance to members of the Nation in finding other funding resources.
Funding the Implementation of Medicare Part B Premium Payments
The Petition calls for the direct payment of reimbursement of payments of Medicare Plan B
premium payments for all eligible members of the Nation to begin January 1st of Fiscal Year 2024.
The Nation will need to budget for any allocation of funding for the payment of Medicare Plan B
premium payments.
Article IV, Section 1 of the Constitution and Bylaws of the Oneida Nation grants the General
Tribal Council the power to “manage all economic affairs and enterprises of the Oneida Nation”
and to “promulgate and enforce ordinances . . . providing for the . . . appropriation of available
tribal funds for public purposes. . . .” [Oneida Nation Constitution Article IV Section 1(e) and (f)].
Subject to its review, the General Tribal Council has delegated the authority set forth in Article IV
of the Constitution to the Oneida Business Committee.
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
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provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation are required to be made in accordance with the annual
budget. Id. The Nation’s annual budget is required to be a balanced budget, which does not propose
to spend more funds than are reasonably expected to become available to the Nation during that
fiscal year. Id. The Budget and Finances law provides for the process and procedures to be used
for the development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
Any allocation of funding to support the requests of this Petition for future fiscal years would be
required to be budgeted for in accordance with the process and procedures contained within the
Budget and Finances law.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments
to all Eligible Oneida Enrolled Members would have the following legislative effect:
1. Any allocation of funding to support the requests of this Petition for future fiscal years
would be required to be budgeted for in accordance with the process and procedures
contained within the Budget and Finances law.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Implement Payments of Medicare Plan
B Premium Payments to all Eligible Oneida Enrolled Members.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
April 19, 2023
Petition: L. Dallas – Term Limits
for 2023
Submission Date: 4/7/23
LOC Sponsor: All LOC Members
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Direct that a person may only hold an elected and/or appointed position for the Oneida
Nation of Wisconsin for a maximum of two consecutive terms (for example: if the term
for a position is 3 years, a person can only hold that position for a total of 6 consecutive
years) per board, committee and/or commission of the Oneida Nation of Wisconsin;
and
Direct that a person is required to take a three (3) year break before they can run for
the same position; and
Direct that these GTC directives will be effective for the 2023 Oneida Tri-Annual
General Election; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
3/22/23 OBC: Motion by Lisa Liggins for item X.E.-AB., to acknowledge receipt of the petition; to direct
the BC Direct Report Offices to complete and submit their administrative impact statements
of the petition to the TribalSecretary mailbox by Wednesday, April 12, 2023; and to direct the
Law, Finance, and Legislative Reference Offices to complete, respectively, the legal review,
fiscal impact statement, and statement of effect with status updates to be submitted for the
April 26, 2023, regular Business Committee meeting agenda and the first Business Committee
meeting of the month thereafter or until the final documents are submitted, seconded by Marie
Cornelius. Motion carried.
4/7/23 LOC:
Motion by Marie Cornelius to add items IV.1 through IV.24 to the Active Files List with all
LOC members as the sponsor; seconded Kirby Metoxen. Motion carried unanimously.
Next Steps:
Accept the statement of effect for Petition: L. Dallas – Term Limits for 2023 and forward
to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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Statement of Effect
Petition: L. Dallas – Term Limits for 2023
Summary
This petition requests the General Tribal Council to consider implementing the use of term limits
for all elected and appointed positions within the Nation, by directing that a person only be allowed
to hold an elected or appointed position for a maximum of two (2) consecutive terms, while also
requiring that a person take a three (3) year break before they are allowed to run again for the same
position. This petition also requests that these directives be effective for the 2023 General Election.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 12, 2023
Analysis by the Legislative Reference Office
On March 2, 2023, the Petition: L. Dallas – Term Limits for 2023 (“the Petition”) was submitted
to the Government Administrative Office by Linda Dallas and then verified by the Oneida Trust
Enrollment Department on March 7, 2023. On March 22, 2023, the Oneida Business Committee
acknowledged receipt of the Petition and directed that the Legislative Reference Office complete
a statement of effect for the Petition with status updates to be submitted for the April 26, 2023,
regular Business Committee meeting agenda and the first Business Committee meeting of the
month thereafter or until the final documents are submitted. The Legislative Operating Committee
added the Petition to its Active Files List on April 7, 2023, for a statement of effect to be developed
by the Legislative Reference Office.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
• Direct that a person may only hold an elected and/or appointed position for the
Oneida Nation of Wisconsin for a maximum of two consecutive terms (for example:
if the term for a position is 3 years, a person can only hold that position for a total
of 6 consecutive years) per board, committee and/or commission of the Oneida
Nation of Wisconsin; and
• Direct that a person is required to take a three (3) year break before they can run
for the same position; and
• Direct that these GTC directives will be effective for the 2023 Oneida Tri-Annual
General Election; and
• GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
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All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Clarification of Directives of Petition
The Petition calls for the General Tribal Council to implement the use of term limits for all elected
and appointed positions within the Nation, by directing that a person only be allowed to hold an
elected or appointed position for a maximum of two (2) consecutive terms, per board, committee,
or commission of the Nation, while also requiring that a person take a three (3) year break before
they are allowed to run again for the same position.
Overall, the directives of this Petition need clarification as they appear nearly contradictory. On
one hand, the Petition calls for the directive that a person only be allowed to hold an elected or
appointed position for a maximum of two (2) consecutive terms. The term consecutive is typically
defined as “following continuously,” so using the word in its normal and everyday sense would
imply that a person may hold two (2) terms one right after the other. But the Petition then goes on
to direct that a person be required to take a three (3) year break before they are allowed to run
again for the same position, which implies that a person not be allowed to hold consecutive terms
if in the same position on a board, committee, or commission.
For the majority of elected and appointed positions within the Nation, the specific position within
an elected or appointed body is not specified at the time the person is a candidate or applicant for
election or appointment. The Oneida Business Committee is the only board, committee, or
commission of the Nation to provide elected positions in which individuals run for specific
positions on the body. For the Oneida Business Committee, a candidate must designate whether
they are running for the chairperson, vice-chairperson, secretary, treasurer, or one of the five (5)
general member positions. [Constitution and Bylaws of the Oneida Nation Article III, Section 3
and 5]. Although not a board, committee, or commission, during elections for the Judiciary,
candidates for the office of judge are required to identify the specific judicial office for which they
are a candidate: Trial Court Judge, Trial Court Chief Judge, Appellate Court Judge or Appellate
Court Chief Judge. [8 O.C. 801.11-4(a)]. For all other boards, committees, and commissions of
the Nation, a person is generally elected to a position on the board, committee, or commission and
then officers are selected by the fellow members in accordance with the bylaws of the board,
committee, or commission. The Petition is not clear as to the intent of these directives and the
application to all boards, committees, and commissions of the Nation which do not specify a
position within the elected or appointed body during the election or appointment process.
It is also not clear if it is the intent of this Petition to apply term limits to only boards, committees,
and commissions of the Nation, and not to all elected and appointment positions within the Nation.
There are elected and appointment positions such as the judges in the Oneida Nation Judiciary and
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the attorney and advocates in the Legal Resource Center that are elected or appointed, but the body
they are elected or appointed to is not a board, committee, or commission.
These details would need to be clarified if, and when, the General Tribal Council takes action to
consider this Petition.
Implementation of Term Limits for the Oneida Business Committee
Looking first at the implementation of term limits for the Oneida Business Committee, there is
currently no legislation of the Nation that addresses term limits of those individuals elected to the
Oneida Business Committee. The Constitution and Bylaws of the Oneida Nation (“the
Constitution”) provides many details on the various requirements for the Oneida Business
Committee such as:
Who may run for office with the Oneida Business Committee.
A person must be age twenty-one (21) or over and physically reside in either Brown
or Outagamie Counties.
How many members may sit on the Oneida Business Committee.
The Oneida Business Committee shall be comprised of nine (9) members.
What officer positions must be held on the Oneida Business Committee.
It is necessary to have a chairperson, a vice chairperson, a treasurer, and a secretary.
What constitutes a quorum.
A quorum is a majority of the body including the chairperson or vice chairperson.
How regular meetings will be established.
Regular meetings are established by resolution of the Oneida Business Committee.
Notice requirements for special meetings.
It is required that there be at least three (3) day advance notice by the chairperson
to all members or upon written request of a majority of the Oneida Business
Committee stating the time, place, and purpose of the special meeting.
How vacancies are filled.
General Tribal Council may at any regular special meeting fill any vacancies that
occur on the Oneida Business Committee for an unexpired term.
How Oneida Business Committee members are removed.
Removal is at the discretion of the General Tribal Council by a two-thirds (2/3)
majority vote at any regular or special meeting of the General Tribal Council
pursuant to a duly adopted ordinance, which is the Nation’s Removal law.
How often Oneida Business Committee members are elected.
Elections occur every three years in the month of July.
[Constitution and Bylaws of the Oneida Nation Article III, Section 3 and 5].
Although the Constitution provides many details regarding the election to and composition of the
Oneida Business Committee, term limits for those individuals elected to serve a position on the
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Oneida Business Committee were not included. The Constitution simply requires that in order to
be eligible for election to the Oneida Business Committee a person be an enrolled member of the
Nation, age twenty-one (21) and over, who physically reside in either Brown or Outagamie
Counties of Wisconsin.
If it is determined that imposing term limits for members of the Oneida Business Committee is an
additional requirement for eligibility for election to the Oneida Business Committee, then
amendments to the Constitution may be needed. Article VI of the Constitution, as well as the
Election law, address the process for amending the Constitution. Constitutional amendments may
be proposed by either the Oneida Business Committee or by a petition of members eligible to vote.
[1 O.C. 102.13-1, Constitution and Bylaws of the Oneida Nation Article VI Section 1 and 2]. If the
General Tribal Council approves a proposal for a constitutional amendment, then the proposed
amendment shall be placed upon the ballot of the next General election or special election called
for the purpose to consider the amendment.[1 O.C. 102.13-2, Constitution and Bylaws of the
Oneida Nation Article VI Section 1 and 2]. If the proposed constitutional amendment is approved
by sixty-five percent (65%) of the members eligible to vote who presented themselves at the polls
and voted on the question, then the proposed amendment shall become part of the Constitution. [1
O.C. 102.13-5, Constitution and Bylaws of the Oneida Nation Article VI Section 3].
Any amendments to the Constitution based on this Petition would need to comply with the process
and requirements of the Constitution and the Election law.
Implementation of Term Limits for Boards, Committees, and Commissions of the Nation
Boards, committees, and commissions of the Nation are governed by the Boards, Committees, and
Commissions law. The Boards, Committees, and Commissions law governs the procedures
regarding the appointment and election of persons to boards, committees and commissions,
creation of bylaws, maintenance of official records, compensation, and other items related to
boards, committees and commissions. [1 O.C. 105.1-1]. The Boards, Committees, and
Commissions law applies to all boards, committees, and commissions of the Nation created by the
General Tribal Council or the Oneida Business Committee whose members are appointed by the
Oneida Business Committee or elected by the Nation’s membership. [1 O.C. 105.3-1(i)]. This law
also applies to task force or ad hoc entities, which are defined as group of persons gathered to
pursue a single goal, the accomplishment of which means the disbanding of the group. [1 O.C.
105.3-1(s)]. The goals of a task force or ad hoc entity are generally accomplished in a short time
period, i.e. less than one year, but the goal itself may be long-term. Id. The Oneida Business
Committee and corporations of the Nation are not subject to the provisions of the Boards,
Committees, and Commissions law. [1 O.C. 105.1-1(a)-(b)].
The Boards, Committees, and Commissions law does not directly provide for term limits for those
individuals elected or appointed to serve on a board, committee, or commission of the Nation. The
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Boards, Committees, and Commissions law does however require that every board, committee, or
commission of the Nation have bylaws that conform to the requirements of the law. [1 O.C.
105.10-1]. Task forces and ad hoc entities are exempted from the requirement to have bylaws, but
must have, at minimum, mission, or goal statements for completion of the task. [1 O.C. 105.101(c)]. All bylaws are required to include information on the membership of the board, committee,
or commission, such as the number of members on an entity, if members are appointed or elected,
and qualifications for membership. [1 O.C. 105.10-3(a)(5)]. It is within this section of the bylaws
that a board, committee, or commission of the Nation can include information on term limits, and
whether serving a certain number of consecutive terms on a board, committee, or commission then
bars qualification for membership.
There are various bylaws for boards, committees, and commissions of the Nation that address term
limits of its elected or appointed members. The bylaws of the Oneida Nation Commission on Aging
contain a provision that limits a commissioner to serving two (2) consecutive terms in accordance
with Wisconsin Statute 46.82(4). [ONCOA Bylaws section 1-5(b)(2)]. The Oneida Nation
Commission on Aging’s bylaws do allow a commissioner who has completed two (2) consecutive
terms to be eligible to serve another term as long as a period of not less than one (1) year has lapsed
since the commissioner’s previous terms. [ONCOA Bylaws section 1-5(b)(2)(A)]. The bylaws of
the Oneida Nation Arts Board contain a provision that provides that members of the board shall
serve no more than (3) consecutive three (3) year terms. [ONAB Bylaws section 1-5(b)(1)]. The
bylaws of the Oneida Pow Wow Committee directly prohibit the use of term limits, and provides
that committee members shall not be limited in the number of terms that can be served
consecutively or otherwise. [OPWC Bylaws section 1-5(b)(1)]. The directives of this Petition
would conflict with the provisions found in the bylaws for the Oneida Nation Commission on
Aging, Oneida Nation Arts Board, and the Oneida Pow Wow Committee.
Additionally, there are other laws of the Nation which do directly address the issue of term limits
for elected or appointed positions within the Nation. The Election law provides that an Election
Board member is elected to a term of three (3) years, not to exceed two (2) consecutive terms. [1
O.C. 102.4-2]. The Oneida Nation Law Enforcement Ordinance provides that those individuals
appointed by the Oneida Business Committee to serve on the Oneida Police Commission are not
allowed to serve more than three (3) consecutive terms. [3 O.C. 301.6-2]. The Petition’s request
to limit an individual to serving two (2) consecutive terms for an elected or appointed position of
the Nation would directly conflict with the Oneida Nation Law Enforcement Ordinance’s
provision on term limits.
Any changes to the Oneida Nation Law Enforcement Ordinance to address a potential conflict due
to the imposition of term limits would need to occur in accordance with the Legislative Procedures
Act. The process for the adoption or amendment of laws of the Nation was set forth by the General
Tribal Council through the Legislative Procedures Act. The Legislative Procedures Act intends to
ensure that there is a standard process for developing legislation for the Nation. [1 O.C. 109.1-2].
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Although the LPA is not construed to impede the constitutional right of a member of the Nation
under Article III, Section 4 of the Oneida Nation Constitution and Bylaws to petition for a special
meeting of the General Tribal Council, the lawmaking requirements provided by the LPA do apply
to all legislation considered by the Oneida Business Committee or the General Tribal Council. [1
O.C. 109.1-3, 109.1-1]. The Legislative Procedures Act provides the detailed processes and
procedures for adopting or amending, 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].
Implementation of Term Limits for Corporate Entities of the Nation
There is currently no legislation of the Nation that address corporate entities of the Nation, or more
specifically, term limits for those individuals serving an elected or appointed position on a
corporate entity of the Nation.
Implementation of Term Limits for Judges
Although the application of the Petition’s directives to elected and appointed judicial positions is
unclear, in regard to the implementation of term limits for the Oneida Nation Judiciary, there is
currently no legislation of the Nation that addresses term limits for judges. The Judiciary law
provides for the administration of law, justice, judicial procedures, and practices by the Nation by
exercising its inherent sovereign 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. 8010.1-1].
The Judiciary law provides the various qualifications for judges, and requires that in order to be
eligible to either stand for election or be eligible for appointment to a judge position an individual
must meet the following qualifications:
be an enrolled member of the Nation that is at least thirty (30) years of age on the date of
the election or appointment;
agree to attend mandatory training, upon election or appointment, as required by the
Judiciary training requirements;
not been convicted of, or entered a plea of guilty or nolo contendere to any offense
involving fraud or misrepresentation or any felony, unless: a pardon has been granted in
accordance with the Tribe’s pardon law at least ten (10) years before the election is held or
the appointment is made; or the conviction has been removed from his or her record by
executive pardon or state court order at least ten (10) years before the election is held or
the appointment is made; and
not be mentally disabled or mentally unstable. [8 O.C. 801.11-1(a)].
The Judiciary law then provides additional educational and professional qualifications for both
Chief Judge and non-Chief Judges. The Judiciary law requires that candidates for election or
appointment to serve as a Chief Judge shall hold at least one (1) of the following from an accredited
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institution: a master’s degree; a juris doctor degree; or a bachelor’s degree with three (3) years of
experience as a Judge. [8 O.C. 801.11-1(b)]. While candidates s for election or appointment to
serve as a non-Chief Judge shall hold at least one (1) of the following from an accredited
institution: a master’s degree; a juris doctor degree; or a bachelor’s degree in a specified field of
study. [8 O.C. 801.11-1(c)].
The Judiciary law also includes provisions regarding the election of judges. The Judiciary law
provides that the Judiciary shall consist of nine (9) Judges who shall be elected to terms of six (6)
years. [8 O.C. 801.11-4(a)]. Candidates for the office of Judge shall identify the specific judicial
office for which they are a candidate: Trial Court Judge, Trial Court Chief Judge, Appellate Court
Judge or Appellate Court Chief Judge. Id.
Although the Judiciary law provides many details regarding the election to, composition, and
qualifications of the judges in the Judiciary, term limits for those individuals elected or appointed
to serve a position on the Judiciary were not included in the Judiciary law.
If it is determined that imposing term limits for the elected and appointed positions within the
Judiciary is an additional requirement for eligibility for election or appointment to the Judiciary,
then amendments to the Judiciary law may be needed. Any changes to the Judiciary law to address
the imposition of term limits as a qualification for election or appointment to a position within the
Judiciary would need to occur in accordance with the Legislative Procedures Act.
Implementation of Term Limits for the Legal Resource Center
Although the application of the Petition’s directives to elected and appointed positions within the
Legal Resource Center is unclear, in regard to the implementation of term limits for the Legal
Resource Center, there is currently no legislation of the Nation that addresses term limits for Legal
Resource Center attorney or advocates. The Legal Resource Center law establishes a Legal
Resource Center to provide legal advice and representation to both members of the Nation and
employees in cases before the Judiciary, and to represent the Oneida General Tribal Council at
General Tribal Council meetings. [8 O.C. 811.1-1]. The Legal Resource Center law provides the
various qualifications for the elected attorney and advocates in the Legal Resource Center. A
candidate for the Legal Resource Center attorney must meet the following qualifications:
is an enrolled member of the Nation at least twenty-one (21) years of age on the date of the
election;
has a juris doctor (J.D.) degree from an accredited law school;
has at least two (2) years of previous experience practicing law and/or equivalent
combination of education and experience;
be licensed to practice law in the State of Wisconsin and in good standing; and
be admitted to practice before the Judiciary.
[8 O.C. 811.5-1].
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A candidate for the Legal Resource Center attorney must meet the following qualifications:
is an enrolled member of the Nation at least twenty-one (21) years of age on the date of the
election;
has a specified degree from an accredited institution:
have at least two (2) years of experience in litigation, negotiation, or advocacy and/or
equivalent combination of education and experience; and
be admitted to practice before the Judiciary
[8 O.C. 811.6-1].
Both the Legal Resource Center attorney and advocates are elected by the Nation’s membership
to a term of four (4) years. [8 O.C. 811.5-2, 811.6-2].
Although the Legal Resource Center law provides details regarding the election to, composition,
and qualifications of the Legal Resource Center attorney and advocates, there is no limitation on
the number of terms an individual may serve in the Legal Resource Center designated in the Legal
Resource Center law.
If it is determined that imposing term limits for the elected and appointed positions within the
Legal Resource Center law is an additional requirement for eligibility for election or appointment
for the Legal Resource Center attorney and advocates, then amendments to the Legal Resource
Center law may be needed. Any changes to the Legal Resource Center law to address the
imposition of term limits as a qualification for election or appointment to a position within the
Legal Resource Center would need to occur in accordance with the Legislative Procedures Act.
Term Limits for the 2023 General Election
The Petition calls for its directives regarding term limits to be effective for the July 2023 General
Election. The caucus for the 2023 General Election is scheduled for April 15, 2023, and the
applications and petitions where the applicant was not nominated during caucus are due to be
submitted to the Nation’s Secretary on April 21, 2023. The Election Board is then responsible for
reviewing the qualifications of applicants to verify eligibility. [1 O.C. 102.5-7]. The 2023 General
Election is scheduled for July 15, 2023. The tentative results of an election shall be announced and
posted by the Election Board within twenty-four (24) hours after the closing of the polls. [I O.C.
102.11-1]. The Election Board is required to forward a Final Report to the Nation’s Secretary after
time has lapsed for recount requests, or challenges or after all recounts or challenges have been
completed, whichever is longer, and potentially up to fifteen (15) business days. [I O.C. 102.1112]. The Business Committee then declares the official results of the election within ten (10)
business days after receipt of the Final Report. [I O.C. 102.11-13]. Newly elected officials shall
be sworn into office no later than thirty (30) calendar days after the official results of an election
are declared by the Business Committee. [I O.C. 102.11-15].
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This Petition is not expected to be presented to the General Tribal Council for consideration until
at least August 2023. The 2023 General Election will be completed prior to the consideration of
this Petition by the General Tribal Council. Therefore, the imposition of term limits cannot be
implemented for the 2023 General Election, and the number of consecutive terms an individual
may have served in an elected or appointed position cannot be used to disqualify the individual
from being eligible to hold an elected position.
It is likely that newly elected officials may be sworn in prior to the presentation of this petition to
the General Tribal Council for consideration. Once an individual has been elected or appointed to
a position and has taken the official oath of office, an individual appointed to a position within the
Nation can only be removed from their position by termination by the Oneida Business Committee
in accordance with the process and procedures contained within the Boards, Committees, and
Commissions law; and an individual elected to a position within the Nation can only be removed
from their position in accordance with the process and procedures contained within the Removal
law. [1 O.C. 105.9-1, 105.7-4; 1 O.C. 104].
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – Term Limits for 2023 would have the following legislative
effects:
1. The Petition needs further clarification as to the intent of its directives. It is not clear
whether it is intended that the directives of this Petition apply to all boards, committees,
and commissions of the Nation which do not specify a position within the elected or
appointed body during the election or appointment process; or apply to other elected or
appointed positions of that Nation that are not on a board, committee, or commission.
2. If it is determined that imposing term limits for members of the Oneida Business
Committee is an additional requirement for eligibility for election to the Oneida Business
Committee, then amendments to the Constitution may be needed to include this eligibility
requirement. Any amendments to the Constitution would be required to comply with the
processes and procedures contained within the Constitution and Election law.
3. The Petition’s request to direct the limitation of an individual to serving two (2)
consecutive terms for an elected or appointed position of the Nation would directly conflict
with the Oneida Nation Law Enforcement Ordinance’s provision on term limits. Any
changes to the Oneida Nation Law Enforcement Ordinance to address a potential conflict
due to the imposition of term limits would need to occur in accordance with the process
and procedures contained within the Legislative Procedures Act.
4. Although the application of the Petition’s directives to elected and appointed judicial
positions is unclear, in regard to the implementation of term limits for the Oneida Nation
Judiciary, there is currently no legislation of the Nation that addresses term limits for
judges. If it is determined that imposing term limits for the elected and appointed positions
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within the Judiciary is an additional requirement for eligibility for election or appointment
to the Judiciary, then amendments to the Judiciary law may be needed. Any changes to the
Judiciary law to address the imposition of term limits as a qualification for election or
appointment to a position within the Judiciary would need to occur in accordance with the
Legislative Procedures Act.
5. Although the application of the Petition’s directives to elected and appointed positions
within the Legal Resource Center is unclear, in regard to the implementation of term limits
for the Legal Resource Center attorney and advocates, there is currently no legislation of
the Nation that addresses term limits. If it is determined that imposing term limits for the
elected and appointed positions within the Legal Resource Center is an additional
requirement for eligibility for election or appointment to the Legal Resource Center, then
amendments to the Legal Resource Center law may be needed. Any changes to the Legal
Resource Center law to address the imposition of term limits as a qualification for election
or appointment to a position within the Legal Resource Center would need to occur in
accordance with the Legislative Procedures Act.
6. This Petition is not expected to be presented to the General Tribal Council for consideration
until at least August 2023. The 2023 General Election will be completed prior to the
consideration of this Petition by the General Tribal Council. Therefore, the imposition of
term limits cannot be implemented for the 2023 General Election, and the number of
consecutive terms an individual may have served in an elected or appointed position cannot
be used to disqualify the individual from being eligible to hold an elected position. Once
an individual has been elected or appointed to a position and has taken the official oath of
office, an individual appointed to a position within the Nation can only be removed from
their position by termination by the Oneida Business Committee in accordance with the
process and procedures contained within the Boards, Committees, and Commissions law;
and an individual elected to a position within the Nation can only be removed from their
position in accordance with the process and procedures contained within the Removal law.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – Term Limits for 2023.
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Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
April 19, 2023
Petition: L. Dallas – GTC Directive
for OBC to Stay Out of
Day-to-Day Business
Submission Date: 3/1/23
LOC Sponsor: Jennifer Webster
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following:
Enforcement of the Oneida General Tribal Council directive that the Oneida Business
Committee SHALL NOT be involved in the day-to-day business of the Oneida Nation
of Wisconsin; and
Direct immediate compliance; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding the
above matters.
2/22/23 OBC: Motion by Jennifer Webster to approve acknowledge receipt of the petition from Linda Dallas
regarding the General Tribal Council Directive for the Oneida Business Committee to stay out
of day-to-day business, seconded by Kirby Metoxen. Motion carried.
Motion by Jennifer Webster to direct the Business Committee Direct Report Offices to
complete and submit their administrative impact statements of the petition to the
TribalSecretary mailbox by Wednesday, March 15, 2023, seconded by Kirby Metoxen.
Motion carried.
Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference Offices to
complete, respectively, the legal review, fiscal impact statement, and statement of effect with
status updates to be submitted for the March 22, 2023, regular Business Committee meeting
agenda and the first BC meeting of the month thereafter or until the final documents are
submitted, seconded by Jennifer Webster. Motion carried.
3/1/23 LOC:
Motion by Jennifer Webster to add the Petition: L. Dallas – GTC Directive for OBC to Stay
Out of Day-to-Day Business to the Active Files List with Jennifer Webster as the sponsor;
seconded by Marie Cornelius. Motion carried unanimously.
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3/15/23 LOC: Motion by Jennifer Webster to accept the status update memorandum for the Petition: L.
Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business and forward to the
Oneida Business Committee; seconded by Daniel Guzman King. Motion carried unanimously.
3/22/23 OBC: Motion by Lisa Liggins for item X.C.7-9, to accept the statement of effect status update, the
legal review status update, and the fiscal impact statement update re: General Tribal Council
directive for the Oneida Business Committee to stay out of day-to-day business, seconded by
Marie Cornelius. Motion carried.
4/7/23 LOC:
Motion by Kirby Metoxen to accept the statement of effect for the Petition: L. Dallas – GTC
Directive for OBC to Stay Out of Day-to-Day Business and forward to the Oneida Business
Committee; seconded by Daniel Guzman King. Motion carried unanimously.
4/12/23 OBC: Motion by Marie Cornelius to accept the statement of effect re: General Tribal Council
directive for the Oneida Business Committee to stay out of day-to-day business, seconded by
Jennifer Webster. Motion carried.
Next Steps:
Accept the updated statement of effect for Petition: L. Dallas – GTC Directive for OBC to
Stay Out of Day-to-Day Business and forward to the Oneida Business Committee.
Page 2 of 2
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
HANDOUT
Statement of Effect
Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business
Summary
This petition requests the General Tribal Council to consider the compliance and enforcement of
the Oneida General Tribal Council directive that the Oneida Business Committee not be involved
in the day-to-day business of the Oneida Nation.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 17, 2023
Analysis by the Legislative Reference Office
On February 15, 2023, the Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-toDay Business (“the Petition”) was submitted to the Government Administrative Office by Linda
Dallas and verified by the Oneida Trust Enrollment Department on February 16, 2023. On
February 22, 2023, the Oneida Business Committee acknowledged receipt of the Petition and
directed that the Legislative Reference Office complete a statement of effect for the Petition with
status updates to be submitted for the March 22, 2023, regular Business Committee meeting
agenda and the first Business Committee meeting of the month thereafter or until the final
documents are submitted. The Legislative Reference Office provided a status update to the Oneida
Business Committee on March 22, 2023, which identified that the statement of effect for this
Petition would be submitted for inclusion on the April 12, 2023, Oneida Business Committee
meeting agenda.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
Enforcement of the Oneida General Tribal Council directive that the Oneida
Business Committee SHALL NOT be involved in the day-to-day business of the
Oneida Nation of Wisconsin; and
Direct immediate compliance; and
GTC reserves the right to review, discuss, and take any other action deemed
appropriate by the General Tribal Council during the GTC Meeting regarding
the above matters.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
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Directive for the Oneida Business Committee to Stay Out of Day-to-Day Business
This Petition calls for the General Tribal Council to consider the enforcement of the General Tribal
Council directive that the Oneida Business Committee not be involved in the day-to-day business
of the Nation. There are no laws of the Nation that directly address or codify the separation between
the Oneida Business Committee and the day-to-day business of the Nation.
Article III Section 1 of the Constitution and Bylaws of the Oneida Nation provides that the
governing body of the Oneida Nation shall be the General Tribal Council composed of all the
qualified voters of the Oneida Nation. Article IV Section 1 of the Constitution then enumerates
certain powers of the General Tribal Council. Subsection 1(g) of Article IV empowers the General
Tribal Council to delegate certain powers to officials of the Nation.
In 1949, the General Tribal Council adopted resolution BC-02-20-1949, Granting Transacting
Tribal Business to the Executive Committee due to Difficulty of Assembling a GTC Quorum, which
recognized the difficulty of assembling a quorum of the General Tribal Council when immediate
action is needed in order to property transact important business of the Nation and thereby provided
that such powers as enumerated in Article IV of the Constitution of the Oneida Nation be delegated
to the Executive Committee. Through this resolution the General Tribal Council reserved the right
to review any action taken by the Executive Committee by virtue of such delegated powers. Then
in 1982, the General Tribal Council adopted resolution GTC-02-25-82 which identified that
elected officials need to maintain a separation of legislative and administrative duties of the Nation,
and therefore, it directed that the Business Committee hire a General Manager to be directly
responsible for the programs and enterprises of the Nation. This resolution directed that the Oneida
Business Committee be actively involved in legislative areas such as the development of land
acquisition plans, development of a court system, revision of the Constitution and Bylaws of the
Nation, development of educational priorities, development of fiscal plans, work on land claims,
and the development and amendment of laws of the Nation.
Legislation Regarding Behavioral Expectations of Oneida Business Committee Members
Although there are no laws of the Nation that directly provide for the separation between the
Oneida Business Committee and the day-to-day business of the Nation, there are laws that address
various expectations of Oneida Business Committee members.
The Code of Ethics codifies some of the behavioral expectations for Oneida Business Committee
members. The Code of Ethics law provides that it is the policy of the Nation to promote the highest
ethical conduct in all of its elected officials. [1 O.C. 103.1-1]. All government officials are subject
to the Code of Ethics. [1 O.C. 103.3-1]. Government officials includes all persons who are elected
or appointed to serve on the Oneida Business Committee and any board, committee, or commission
created by the Oneida Business Committee or Oneida General Tribal Council. [1 O.C. 103.2(a)].
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Ethical conduct encompasses action as well as inaction. [1 O.C. 103.3-2]. Government officials
are required to demonstrate the highest standards of personal integrity, truthfulness, honesty, and
fortitude in all public activities in order to inspire public confidence and trust in the governmental
officials of the Nation. Id. Government officials are expected to create and maintain an independent
and honorable political system, and observe high standards of conduct toward achieving this goal,
including, but not limited to encouraging separation between departments or entities of tribal
government, and avoiding any contact or duty that violates such a separation, as well as avoiding
participation in action or decision making, except where participation is in accordance with the
traditions of the Nation, that would present an appearance of conflict of interest or an actual
conflict of interest. [1 O.C. 103.3-3(a)]. Government officials are expected to respect and comply
with the laws, customs, and traditions of the Nation, and should at all times act in a manner that
promotes public confidence in the honesty and impartiality of the Nation’s government officials.
[1 O.C. 103.3-3(b)-(c)(1)]. A government official may be subject to either removal, if elected, or
termination, if appointed, for a violation of the Code of Ethics. [1 O.C. 103.6-1(a)].
The Oneida General Tribal Council Ten Day Notice Policy requires that motions or resolutions
that have been passed by the General Tribal Council shall be carried out and adhered to whole
heartedly by the Oneida Business Committee or as directed by the General Tribal Council. [1 O.C.
110.3-1(b)(1)(B), 110.6-5(a)]. Failure by the Oneida Business Committee to properly implement,
or demonstrate progress of General Tribal Council actions may be subject to grounds of suspension
and/or removal. [1 O.C. 110.6-5(a)(2)].
The Petition fails to provide information which alleges exactly how the Oneida Business
Committee may have violated the General Tribal Council directive to stay out of day-to-day
business. It is not possible to fully evaluate and analyze the legislative impact of the Petition
without all relevant information to determine what, if any, laws of the Nation were impacted or
violated.
Enforcement
When it comes to enforcement against a member of the Oneida Business Committee, the options
are limited to the removal of the Oneida Business Committee member.
Article III Section 3 of the Constitution and Bylaws of the Oneida Nation provides that the General
Tribal Council may at its discretion remove any official on the Oneida Business Committee by a
two-thirds (2/3) majority vote at any regular or special meeting of the General Tribal Council,
pursuant to a duly adopted ordinance. The Constitution requires that any such ordinance provide
the specific causes for removal and ensures that the rights of the accused are protected, including
that an individual receives in writing a statement of the charges against them and assurance on
sufficient notice thereof where they be afforded every opportunity to speak in their own defense.
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The Removal law was originally adopted by the General Tribal Council to govern the removal or
persons elected to serve on boards, committees, and commissions of the Nation in accordance with
the Constitution. [1 O.C. 104.1-1]. The Removal law provides that an elected official may be
removed from office for any of the following reasons:
failure to attend four (4) regularly scheduled meetings without a written explanation;
failure to attend fifty percent (50%) of an entity’s regular scheduled meetings within a
twelve (12) month period for any reason provided that this subsection shall not apply to
the Oneida Business Committee;
intentional misuse of Tribal funds;
alcohol use while performing official responsibilities or use of illegal drugs at any time;
if he or she no longer meets the qualifications for office;
violating a Tribal law which specifies removal as a penalty; or
felony conviction while in office. [1 O.C. 104.4-1(a)-(g)].
The Removal law then provides the process for seeking the removal of an elected official. The
Removal law provides that any eligible voter of the Nation may file a petition with the Tribal
Secretary seeking the removal of an elected official so long as the petition contains the requisite
number of eligible voter signatures. [1 O.C. 104.5-1]. A petition is required to be signed by fifty
(50) or more eligible voters or a number equal to at least thirty (30) percent of the vote cast in the
previous general election, whichever is greater. Id. The Tribal Secretary must then serve the elected
official with a certified copy of the petition and forward another to the Judiciary so that it can
schedule a preliminary review to determine whether the allegations set forth in the petition would
constitute sufficient grounds for removal. [1 O.C. 104.5-6 & 104.6-1]. If the Judiciary determines
that sufficient grounds would exist, it is next required to conduct a hearing under Section 104.7 of
the Removal law to determine whether each allegation contained in the petition can be proven by
clear and convincing evidence. [1 O.C. 104.6-2 & 104.7-3]. If it finds clear and convincing
evidence, the Judiciary must then put its findings in written form and forward them to the Tribal
Chair. [1 O.C. 104.7-3]. Upon receipt, the Tribal Chair is required to call a special General Tribal
Council meeting to consider the Judiciary’s findings. An elected official may only be removed
from office upon a two-thirds (2/3) majority vote in the affirmative. [1 O.C. 104.8-3].
If an elected official meets the criteria for removal from office as provided in the Removal law,
then the process and procedures of the Removal law are required to be followed in order to properly
removal an elected official from their elected position within the Nation.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business
would have the following legislative effect
1. There are no laws of the Nation that directly address or codify the separation between the
Oneida Business Committee and the day-to-day business of the Nation.
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2. There are laws of the Nation, such as the Code of Ethics or the Oneida General Tribal
Council Ten Day Notice Policy, that address behavioral expectations of the Oneida
Business Committee, but this Petition fails to provide information which alleges exactly
how the Oneida Business Committee may have violated the General Tribal Council
directive to stay out of day-to-day business. It is not possible to fully evaluate and analyze
the legislative impact of the Petition without all relevant information to determine what, if
any, laws of the Nation were impacted or violated.
3. In regard to enforcement of an elected official, the option provided for in the Constitution
and Bylaws of the Nation and the Removal law is the removal of an elected official. If it
would be determined that a member of the Oneida Business Committee violated a law of
the Nation which specifies removal as a penalty, then the process and procedures of the
Removal law are required to be followed in order to properly removal an elected official
from their elected position within the Nation.
Requested Action
Accept the statement of effect for the Petition: L. Dallas – GTC Directive for OBC to Stay Out of
Day-to-Day Business.
Page 5 of 5
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Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
=DODDOO
ONEIDA
Oneida Business Committee
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
April 26, 2023
Status Updates for Outstanding General Tribal Council Petitions
On March 2, 2023, the following petitions were submitted to the Government Administrative
Office by Linda Dallas:
Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General Tribal
Council
Petition: L. Dallas – Community Improvement Projects (CIP) and Funding
Petition: L. Dallas – Contract of Chief Counsel JoAnne House
Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General Tribal
Council Prior to Each General Tribal Council Meeting
Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure Return to the
Previous State it was Prior to March 2020
Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation to
Areas with Large Populations of Oneida Enrolled Members to and from General Tribal
Council Meetings
Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position
Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational Changes from
March 2020-Present
Petition: L. Dallas – Disclosure of FY- 2020 Budget
Petition: L. Dallas – Disclosure of FY- 2021 Budget
Petition: L. Dallas – Disclosure of FY- 2022 Budget
Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from January 1,
2020 – Present
Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England for the
October 9, 2022, Green Bay Packer Game
Petition: L. Dallas – Donations - Internal and External
Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy Training
Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all
Eligible Oneida Enrolled Members
Petition: L. Dallas – Oneida Nation Disability Fund
Petition: L. Dallas – Repeal and Replace Current Removal Law
Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition
Timeline Adopted by General Tribal Council
Petition: L. Dallas – Repeal the Budget and Finances Law
Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of Power
and Authority to all Entities
Petition: L. Dallas – Term Limits for 2023
Petition: L. Dallas – Transitional Housing
Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General Tribal
Council Meeting
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On March 7, 2023, the twenty-four (24) above-mentioned petitions were verified by the Oneida
Trust Enrollment Department. The Oneida Business Committee then acknowledged receipt of the
petitions on March 22, 2023, and directed that the Legislative Reference Office complete a
statement of effect for the Petition with status updates to be submitted for the April 26, 2023,
regular Business Committee meeting agenda and the first Business Committee meeting of the
month thereafter or until the final documents are submitted. The Legislative Operating Committee
added the twenty-four (24) petitions to its Active Files List on April 7, 2023, for a statement of
effect to be developed by the Legislative Reference Office.
The Legislative Reference Office submitted statements of effect for the following petitions to the
April 26, 2023, Oneida Business Committee meeting agenda:
Petition: L. Dallas – Disclosure of FY- 2020 Budget
Petition: L. Dallas – Disclosure of FY- 2021 Budget
Petition: L. Dallas – Disclosure of FY- 2022 Budget
Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all
Eligible Oneida Enrolled Members
Petition: L. Dallas – Term Limits for 2023
For the remaining nineteen (19) petitions, the Legislative Reference Office currently developing
the statements of effect. It is the intention of the Legislative Reference Office that the statements
of effect for these petitions will be submitted for inclusion on upcoming Oneida Business
Committee meeting agendas in May 2023.
Requested Action
Accept the memorandum: Status Updates for Outstanding General Tribal Council Petitions.
A good mind. A good heart. A strong fire.
Page 2 of 2
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April 2023
April 2023
May 2023
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28 29 30 31
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
Apr 3
4
5
6
7
8:30am LOC Prep
(Microsoft Teams
Meeting;
BC_Conf_Room) Clorissa N. Leeman
9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
BC_Conf_Room) - LOC
10
11
12
13
14
17
18
19
20
21
27
28
9:30am LOC Work Session
(Microsoft Teams
Meeting) - Clorissa N.
Leeman
1:00pm Back Pay Law
Amendments
(Microsoft Teams
Meeting) - Clorissa N.
Leeman
9:30am Investigative
Leave Policy (Microsoft
Teams Meeting) Grace L. Elliott
8:30am LOC Prep
(Microsoft Teams
Meeting;
BC_Conf_Room) Clorissa N. Santiago
9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
BC_Conf_Room) - LOC
24
LOC
25
26
1
4/14/2023 4:06 PM
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.