Oneida Business Committee (2022)
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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
Business Committee Conference Room - 2nd Floor Norbert Hill Center
August 3, 2022
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. July 20, 2022 LOC Meeting Minutes (pg. )
III.
Current Business
1. Oneida Nation Assistance Fund Law (pg. )
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. Legislative Operating Committee FY22 Third Quarter Report (pg. )
2. E-Poll Results: Emergency Amendments to the Oneida General Tribal Council Ten Day Notice
Policy
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'\
mooao
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
July 20, 2022
9:00 a.m.
Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King
Excused: Marie Summers, Jennifer Webster
Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Brooke Doxtator, Lawrence
Barton, Lydia Witte, Krystal John, Amy Spears (Microsoft Teams), Justin Nishimoto (Microsoft
Teams), Joy Salzwedel (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Rae
Skenandore (Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Eric Boulanger (Microsoft
Teams), Michelle Braaten (Microsoft Teams), Todd Vandenheuvel (Microsoft Teams), Nathan
Ness (Microsoft Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the July 20, 2022, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Daniel Guzman King to adopt the agenda as is; seconded by Kirby Metoxen.
Motion carried unanimously.
II.
Minutes to be Approved
1. July 6, 2022 LOC Meeting Minutes
Motion by Daniel Guzman King to approve the July 6, 2022, LOC meeting minutes and
forward to the Business Committee for consideration; seconded by Kirby Metoxen. Motion
carried unanimously.
III.
Current Business
1. Children’s Code Amendments
Motion by Daniel Guzman King to approve the updated public comment review
memorandum, draft, and legislative analysis; seconded by Kirby Metoxen. Motioner
withdrew his motion, seconder agreed.
Motion by Kirby Metoxen to approve the updated public comment review memorandum,
draft, and legislative analysis, and direct the Indian Child Welfare Department to pursue
amendments to their MOU with the Trust Enrollments Department; seconded by Daniel
Guzman King. Motion carried unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of July 20, 2022
Page 1 of 2
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ONEIDA
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Motion by Daniel Guzman King to approve the fiscal impact statement request
memorandum and forward to the Finance Department directing that a fiscal impact
statement be prepared and submitted to the LOC by August 17, 2022; seconded by Kirby
Metoxen. Motion carried unanimously.
2. Oneida Nation Assistance Fund Law
Motion by Daniel Guzman King to approve the draft and legislative analysis for the Oneida
Nation Assistance Fund law; seconded by Kirby Metoxen. Motion carried unanimously.
IV.
New Submissions
1. Probate Law
Motion by Kirby Metoxen to add the Probate law to the Active Files List with Kirby
Metoxen as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously.
V.
Additions
VI.
Administrative Items
1. E-Poll Results: Adoption of an Emergency Amendment to the Election Law
Motion by Kirby Metoxen to enter into the record the results of the July 7, 2022, e-poll
entitled, Adoption of an Emergency Amendment to the Election Law; seconded by Daniel
Guzman King. Motion carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:46 a.m.; seconded by Kirby Metoxen.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of July 20, 2022
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
August 3, 2022
Oneida Nation Assistance Fund Law
Submission Date: 6/1/22
LOC Sponsor: Jennifer Webster
Public Meeting: N/A
Emergency Enacted: 6/8/22
Summary:
This item was added to the Active Files List on June 1, 2022. On May 25, 2022, the
Legislative Reference Office submitted a request for the development of an Oneida Nation Assistance Fund
law, the purpose of which is to establish the Oneida Nation Assistance Fund as an approved program of
the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida
General Welfare law. On April 14, 2021, the Oneida Business Committee adopted resolution BC-04-1421-D, Oneida Nation Assistance Fund, which created an approved program – the Oneida Nation
Assistance Fund – for the purpose of providing for the general welfare of the Nation and its members by
offering limited amounts of financial assistance to Tribal members requiring general welfare need
assistance, who could attest to such need. The Oneida Nation Assistance Fund, as adopted through
resolution BC-04-14-21-D, was specific to a disbursement for an application period of June 1, 2021, and
September 1, 2021. This Law was added to the Active Files List to codify the Oneida Nation Assistance
Fund. On June 8, 2022, the Oneida Business Committee adopted the Oneida Nation Assistance Fund law
on an emergency basis through resolution BC-06-08-22-A. The emergency adoption of this law will expire
on December 8, 2022.
5/12/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to discuss how
resolution BC-04-14-21-D, Oneida Nation Assistance Fund, would not work for this year’s
general welfare assistance payment to members and whether we should bring forward an
Oneida Nation Assistance Fund law through emergency adoption to address this year’s GWA
disbursement.
5/18/22:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Ralinda Ninham-Lamberies, Rae
Skenandore, Keith Doxtator, Jameson Wilson. This was a work meeting held through
Microsoft Teams. The purpose of this work meeting was to discuss the potential emergency
adoption of the Oneida Nation Assistance Fund law – as well as review and discuss a proposed
draft of this law.
6/1/22 LOC:
Motion by Jennifer Webster to add the Oneida Nation Assistance Fund Law to the Active
Files List with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion carried
unanimously.
Motion by Jennifer Webster to approve the Oneida Nation Assistance Fund law emergency
adoption packet and forward to the Oneida Business Committee for consideration; seconded
by Kirby Metoxen. Motion carried unanimously.
6/8/22 OBC:
Motion by Marie Summers to adopt resolution entitled 06-08-22-A Emergency Adoption of
the Oneida Nation Assistance Fund Law, seconded by David P. Jordan. Motion carried.
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A good mind. A good heart. A strong fire.
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7/1/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Grace Elliot, Ralinda Ninham-Lamberies, Keith Doxtator,
Jameson Wilson, Barbara Webster. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to discuss the communication of the Oneida Nation
Assistance Fund and the Elder Assistance Program, specifically how it relates to per capita,
and to discuss the application submission period and disbursement timeframe resolutions.
7/6/22 LOC:
Motion by Marie Summers to approve the resolution, Oneida Nation Assistance Fund
Application Submission Period and Disbursement Timeframe for 2022, with noted change and
corresponding statement of effect and forward to the Oneida Business Committee for
consideration; seconded by Daniel Guzman King. Motion carried unanimously.
7/13/22 OBC: Motion by David P. Jordan to adopt resolution entitled 07-13-22-C Oneida Nation Assistance
Fund Application Submission Period and Disbursement Timeframe for 2022, seconded by
Jennifer Webster. Motion carried.
7/20/22 LOC: Motion by Daniel Guzman King to approve the draft and legislative analysis for the Oneida
Nation Assistance Fund law; seconded by Kirby Metoxen. Motion carried unanimously.
7/28/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Kirby Metoxen, Clorissa N. Santiago, Grace Elliott, Carolyn Salutz. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to review and
discuss the public meeting notice and the GWA payment pictorial.
Next Steps:
Approve the public meeting packet and forward the Oneida Nation Assistance Fund law to a
public meeting to be held on August 25, 2022.
A good mind. A good heart. A strong fire.
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ONEIDA
HANDOUT
ONEIDA NATION PUBLIC MEETING NOTICE
FRIDAY, SEPTEMBER 2, 2022, 12:15 pm
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Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings
Send Public Comments to
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
LOC@oneidanation.org
Ask Questions here
LOC@oneidanation.org
920-869-4417
ONEIDA NATION ASSISTANCE FUND LAW
The purpose of the Oneida Nation Assistance Fund law is to establish the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its members, pursuant
to the Oneida General Welfare law.
The Oneida Nation Assistance Fund law will:
Establish the Oneida Nation Assistance Fund as an approved program of the Nation in
accordance with the Oneida General Welfare law;
Provide how this program qualifies for general welfare exclusion;
Provide the eligibility requirements for accessing assistance from the Oneida Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or
older; and submits a completed application during the designated submission
timeframe;
Provide the minimum requirements for the information that must be included on the application;
Provide how and when funds from the Oneida Nation Assistance Fund are disbursed;
Provide for the types of expenses that shall be considered qualifying expenditures for
use of assistance from Oneida Nation Assistance Fund by the recipient;
Provide information on the funding source and who determines that amount of available
funding to an eligible participant; and
Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Oneida Nation Assistance Fund.
Individuals may attend the public meeting for the proposed Oneida Nation Assistance Fund
law in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to
attend the public meeting through Microsoft Teams please contact LOC@oneidanation.org
PUBLIC COMMENT PERIOD CLOSES MONDAY, SEPTEMBER 12, 2022
During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida
Nation Secretary’s Office or the Legislative Reference Office in person,
by U.S. mail, interoffice mail, or e-mail.
ft
For more information on the proposed Oneida Nation Assistance Fund law please review the public meeting
packet at oneida-nsn.gov/government/register/public meetings.
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Analysis to Draft 1
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ONEIDA NATION ASSISTANCE FUND LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Law
Analysis by the Legislative Reference Office
Establish the Oneida Nation Assistance Fund as an approved program of
the Nation in accordance with the Oneida General Welfare law. [10 O.C.
1003.4-1].
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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Provide how this program qualifies for general welfare exclusion. [10
O.C. 1003.4-2].
Provide the eligibility requirements for accessing assistance from the
Oneida Nation Assistance Fund – which is that a person is a member of
the Nation; age eighteen (18) or older; and submits a completed
application during the designated submission timeframe. [10 O.C.
1003.5-1].
Provide the minimum requirements for the information that must be
included on the application. [10 O.C. 1003.5-3].
Provide how and when funds from the Oneida Nation Assistance Fund
are disbursed. [10 O.C. 1003.5-2, 1003.5-4].
Provide for the types of expenses that shall be considered qualifying
expenditures for use of assistance from Oneida Nation Assistance Fund
by the recipient. [10 O.C. 1003.5-5].
Provide information on the funding source and who determines that
amount of available funding to an eligible participant. [10 O.C. 1003.6-
1, 1003.6-2].
Provide that the Trust Enrollment Department is the department that has
the responsibilities to administer the Oneida Nation Assistance Fund. [10
O.C. 1003.5-6, 1003.5-7].
To establish the Oneida Nation Assistance Fund to govern how the Nation
provides financial assistance to its members, pursuant to the Oneida General
Welfare law. [10 O.C. 1003.1-1].
Oneida Business Committee, Trust Enrollment Department
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.
The Oneida Nation Assistance Fund law was adopted on an emergency basis
on June 8, 2022, through resolution BC-06-08-22-A. The emergency
adoption of the Oneida Nation Assistance Fund law will expire on December
8, 2022.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Nation Assistance Fund law (‘the Law”) was adopted by the Nation on an
emergency basis on June 8, 2022, through resolution BC-06-08-22-A for the purpose of establishing
the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its
members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The emergency adoption
of the Law will expire on December 8, 2022.
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Analysis to Draft 1
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B. The adoption of the Law on a permanent basis is now being sought by the Legislative Operating
Committee.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Law Office;
Government Administration Office;
Finance Administration;
Trust Enrollments Department; and
Intergovernmental Affairs and Communications.
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SECTION 4. PROCESS
A. The development of this Law has followed the process set forth in the Legislative Procedures Act
(LPA).
On June 1, 2022, the Legislative Operating Committee added the Law to is Active Files List.
On June 1, 2022, the Legislative Operating Committee approved the Oneida Nation Assistance
Fund law emergency adoption packet and forward to the Oneida Business Committee for
consideration.
On June 8, 2022, the Oneida Business Committee adopted the Law on an emergency basis
through the adoption of resolution BC-06-08-22-A entitled, Emergency Adoption of the Oneida
Nation Assistance Fund Law. The emergency adoption of the Law will expire on December 8,
2022.
On July 20, 2022, the Legislative Operating Committee approved the draft and legislative
analysis for the Oneida Nation Assistance Fund law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of this Law:
May 12, 2022: LOC work meeting.
May 18, 2022: LOC work meeting with the Oneida Law Office, Finance Administration,
Budget Analyst, Trust Enrollment Department, and Government Administration Office.
July 1, 2022: LOC work meeting with the Finance Administration, Trust Enrollment
Department, Intergovernmental Affairs and Communications, and Government Administration
Office.
July 28, 2022: LOC work meeting.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Purpose and Policy. The purpose of this law is to establish the Oneida Nation Assistance Fund to
govern how the Nation provides financial assistance to members, pursuant to the Oneida General
Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs
of its members. [10 O.C. 1003.1-2]. The interests of the Nation are advanced when its members remain
confident that their general welfare needs can be met. [10 O.C. 1003.1-2].
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Analysis to Draft 1
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Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide
assistance to Tribal members on a non-taxable basis through an approved program.
B. Establishment. This Law establishes the Oneida Nation Assistance Fund as an approved program of
the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida
Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General
Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements
of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1003.4-1].
C. Guidelines and Requirements. The Law provides guidelines and requirements for the Oneida Nation
Assistance Fund. The Oneida Nation Assistance Fund shall be open to any individuals who meet the
following criteria: is a member of the Nation; is age eighteen (18) or older; and submits a completed
application during the designated submission timeframe [10 O.C. 1003.5-1]. The Oneida Business
Committee shall set forth. through the adoption of a resolution. an application submission period and
disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. [10
O.C. 1003.5-2]. Any individual seeking assistance from the Oneida Nation Assistance Fund shall
submit an application. [10 O.C. 1003.5-3]. The Trust Enrollment Department shall make available an
Oneida Nation Assistance Fund application form and instructions. [10 O.C. 1003.5-3(a)]. The Law
provides the minimum information that is required to be provided on the application. [10 O.C. 1003.53(a)(1)(A)-(I)]. Assistance provided through the Oneida Nation Assistance Fund shall be disbursed in
accordance with the timeframe set through resolution by the Oneida Business Committee. [10 O.C.
1003.5-4]. Funds from the Oneida Nation Assistance Fund may be disbursed through direct deposit, or
check, depending on the selection made on the application by the recipient. [10 O.C. 1003.5-4].
D. Qualifying Expenditures. The Law provides that the following types of expenses shall be considered
qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the recipient:
costs relating to housing needs of principal residences such as:
mortgage payments, rent payments, and down payments;
enhancements for habitability of housing;
basic housing repairs or rehabilitation;
improvements to adapt housing for special health needs;
costs for paying utility bills and charges, including, but not limited to, the following:
water;
electricity;
gas;
basic communication services such as:
phone
internet; and
cable;
costs associated with education, including, but not limited to the following:
transportation to and from school;
tutors;
supplies for use in school activities and extra-curricular activities;
providing tuition or room and board payments;
providing for childcare for parents seeking employment or pursuing education;
job counseling and interviewing expenses;
costs associated with food security;
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Analysis to Draft 1
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costs associated with home care assistance;
costs associated with vehicle payments, maintenance, repair, and insurance;
costs associated with medical care and transportation, room, and board costs for seeking
medical care;
funeral and burial expenses and expenses for attending wakes, funerals, burials,
bereavements, and subsequent honoring events; and
costs related to any other emergency circumstance [10 O.C. 1003.5-5].
E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection,
review, and permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying
recipients and shall be responsible for maintenance of records for the Oneida Nation Assistance Fund.
[10 O.C. 1003.5-6, 1003.5-7]. The recipient shall retain receipts for the expenditure of the funds
associated with the Oneida Nation Assistance Program. [10 O.C. 1003.5-7].
F. Funding. The Oneida Nation Assistance Fund shall be funded through the Nation’s annual budget, and
by any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1003.61]. The Oneida Business Committee shall determine the amount of assistance available to an eligible
recipient from the Oneida Nation Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2].
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation
provides assistance to eligible members on a non-taxable basis, pursuant to the principles of
the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits
to Tribal members. [10 O.C. 1001.1-1].
The Oneida Nation Assistance Fund is hereby established as an approved program of
the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1].
The Oneida Nation Assistance Fund meets the requirements of the General Test as
defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2].
SECTION 7. OTHER CONSIDERATIONS
A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six
(6) months after adoption on December 8, 2022. The emergency legislation may be renewed for an
additional six (6) month period.
Conclusion: The Legislative Operating Committee will need to consider the development and
adoption of this Law on a permanent basis within the next six (6) to twelve (12) months.
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
legislation except emergency legislation. [1 O.C. 109.6-1].Fiscal Impact statements may be prepared
by any agency who may receive funding if the legislation is enacted, any agency who may administer
a program if the legislation is enacted, any agency who may have financial information concerning the
subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating
Committee. [1 O.C. 109.6-1(a)-(b)]. Oneida Business Committee resolution BC-10-28-20-A entitled,
Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further
clarification on who the Legislative Operating Committee may direct complete a fiscal impact
statement at various stages of the legislative process, as well as timeframes for completing the fiscal
impact statement.
Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
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statement be completed.
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Title 10. General Welfare Exclusion - Chapter 1003
ONEIDA NATION ASSISTANCE FUND
1003.1. Purpose and Policy
1003.2. Adoption, Amendment, Repeal
1003.3. Definitions
1003.4. Establishment
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Draft 1 – PM Draft
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1003.5. Guidelines and Requirements
1003.6. Funding
1003.1. Purpose and Policy
1003.1-1. Purpose. The purpose of this law is to establish the Oneida Nation Assistance Fund to
govern how the Nation provides financial assistance to its members, pursuant to the Oneida
General Welfare law.
1003.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its
members. The interests of the Nation are advanced when its members remain confident that their
general welfare needs can be met.
1003.2. Adoption, Amendment, Repeal
1003.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1003.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
1003.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1003.3. Definitions
1003.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Approved program" means any program(s) to provide general welfare assistance that
is intended to qualify as a General Welfare Exclusion, administered under specific
guidelines, and is adopted by the Oneida Business Committee through resolution or law of
the Nation in accordance with the Oneida General Welfare law.
(b) "Assistance" means benefits or payments under an approved program, which are paid
to or on behalf of a recipient pursuant to this law. Assistance provided under an approved
program shall not be considered income of the recipient.
(c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business
Committee in its discretion and based on the circumstances, taking into account needs
unique to the Nation as well as the social purpose being served by the particular assistance
at hand, except as otherwise may be required for compliance with final guidance issued
under 26 U.S.C. §139E following consultation between the Nation and the federal
government.
(e) "Member" means an individual who is an enrolled member of the Nation.
(f) “Nation” means the Oneida Nation.
(g) “Recipient” means any member entitled to receive assistance in accordance with
approved program requirements.
10 O.C. 1003 – Page 1
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1003.4. Establishment
1003.4-1. Establishment. The Oneida Nation Assistance Fund is hereby established as an
approved program of the Nation in accordance with the Oneida General Welfare law. The purpose
of the Oneida Nation Assistance Fund is to provide financial assistance to members of the Nation
to address the general welfare needs of members.
1003.4-2. General Welfare Exclusion. The Oneida Nation Assistance Fund meets the
requirements of the General Test as defined in the Oneida General Welfare law; General Criteria
as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General
Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Oneida
Nation Assistance Fund is:
(a) paid on behalf of the Nation;
(b) pursuant to an approved program of the Nation;
(c) does not discriminate in favor of members of the governing body of the Nation;
(d) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(e) provided for the promotion of general welfare;
(f) not lavish or extravagant;
(g) not compensation for services; and
(h) not a per capita payment.
1003.5. Guidelines and Requirements
1003.5-1. Eligibility. The Oneida Nation Assistance Fund shall be open to any individual who
meets the following criteria:
(a) is a member of the Nation;
(b) is age eighteen (18) or older; and
(c) submits a completed application during the designated submission timeframe.
1003.5-2. Distribution Period. The Oneida Business Committee shall set forth through the
adoption of a resolution an application submission period and disbursement timeframe for a
distribution of assistance from the Oneida Nation Assistance Fund.
1003.5-3. Application for Funds. Any individual seeking assistance from the Oneida Nation
Assistance Fund shall submit an application.
(a) The Trust Enrollment Department shall make available an Oneida Nation Assistance
Fund application form and instructions.
(1) The application shall require, at a minimum, the following information:
(A) first, middle, and last name;
(B) date of birth;
(C) street address, city, state, zip code;
(D) phone number;
(E) e-mail address;
(F) enrollment number;
(G) bank account information for direct deposit if necessary;
(H) declaration from the applicant that their need exists, and all information
provided therein is accurate and in accordance with the laws of the Nation
and federal law; and
(I) signature of the applicant, electronic or handwritten, affirming the
10 O.C. 1003 – Page 2
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2022 08 25
declaration.
(2) On the application the applicant shall designate the means by which they would
like to receive their disbursement of funds from the Oneida Nation Assistance Fund,
either through direct deposit or check.
(b) Applicants shall complete and return the Oneida Nation Assistance Fund application
form to the Trust Enrollment Department by the deadline set through resolution by the
Oneida Business Committee in order to be eligible for assistance from the Oneida Nation
Assistance Fund.
(1) The information provided in the Oneida Nation Assistance Fund application
form may be provided to any department, division, or personnel that processes the
applications.
1003.5-4. Disbursement of Funds. Assistance provided through the Oneida Nation Assistance
Fund shall be disbursed in accordance with the timeframe set through resolution by the Oneida
Business Committee. Funds from the Oneida Nation Assistance Fund may be disbursed through
direct deposit, or check, depending on the selection made on the application by the recipient.
1003.5-5. Qualifying Expenditures. The following types of expenses shall be considered
qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the
recipient:
(a) costs relating to housing needs of principal residences such as:
(1) mortgage payments, rent payments, and down payments;
(2) enhancements for habitability of housing;
(3) basic housing repairs or rehabilitation;
(4) improvements to adapt housing for special health needs;
(b) costs for paying utility bills and charges, including, but not limited to, the following:
(1) water;
(2) electricity;
(3) gas;
(4) basic communication services such as:
(A) phone;
(B) internet; and
(C) cable;
(c) costs associated with education including, but not limited to:
(1) transportation to and from school;
(2) tutors;
(3) supplies for use in school activities and extra-curricular activities;
(4) providing tuition or room and board payments;
(5) providing for childcare for parents seeking employment or pursuing education;
(6) job counseling and interviewing expenses.
(d) costs associated with food security;
(e) costs associated with home care assistance;
(f) costs associated with vehicle payments, maintenance, repair, and insurance;
(g) costs associated with medical care and transportation, room, and board costs for
seeking medical care;
(h) funeral and burial expenses and expenses for attending wakes, funerals, burials,
bereavements, and subsequent honoring events; and
10 O.C. 1003 – Page 3
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2022 08 25
(i) costs related to any other emergency circumstance.
1003.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and
permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying
recipients.
1003.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for
maintenance of records for the Oneida Nation Assistance Fund. The recipient shall retain receipts
for the expenditure of the funds associated with the Oneida Nation Assistance Fund.
1003.6. Funding
1003.6-1. Funding Source. The Oneida Nation Assistance Fund shall be funded through the
Nation’s annual budget, and by any other funding source deemed necessary by the Oneida
Business Committee.
1003.6-2. Amount of Available Funding. The Oneida Business Committee shall determine the
amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund
per any permitted distribution.
End.
Emergency Adopted – BC-06-08-22-A
Adopted – BC-__-__-__-__
10 O.C. 1003 – Page 4
16 of 46
O neida N at ion
Oneid a Business Committee
Legislat ive Operat ing Committee
PO Sox 365 • O n eida, WI 54llS-<>J65
Oneicla•nsn~gov
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ONEIDA
Legislative Operating Committee
FY2022 Third Quarter Report
Work completed April 1, 2022 – June 30, 2022
Name of Legislation
Active Files List As of 6/30/2022
Development
Audit Committee Bylaws Amendments
Budget Management and Control Law Amendments
Business Corporations Law
Children’s Code Amendments
~
- - - - - - - - - - - - ~4
Code of Ethics Law Amendments
Community Support Fund Law Amendments
Credit Collections Law Amendments
~ - - - - - - - - - - - - 7~
Drug and Alcohol-Free Law for Elected and Appointed
~
Officials
Early Return to Work Law Emergency Amendments
Emerg. Expired 11/12/21
Election Law Emergency Amendments Emerg. Expired
10/28/21
Elder Assistance Program Law
Emergency Management and Homeland Security Law
Amendments
Endowments Law
Environmental Review Law
Public Input
GTC/OBC Consideration
or Adoption
1- -------------
Fire Signs Law
Furlough Law Amendments
GTC Meeting Stipends Payment Policy Emergency
Amendments Emerg. Expired 4/8/21
Guardianship Law
Industrial Hemp Law
Investigative Leave Policy Amendments
Law Enforcement Ordinance Amendments
Layoff Policy Amendments
Local Land Use Regulation Reimbursement Policy Repeal
Marijuana Law
Misappropriations of Funds Law
Oneida General Welfare Law
Oneida Higher Education Pandemic Relief Fund Law
Emergency Amendments Emerg. Expired 8/24/21
Oneida Land Trust Law
Oneida Language Code
Oneida Nation Arts Board Bylaws Amendments
Oneida Nation Assistance Fund Law
Emerg. Expires 12/8/22
Oneida Nation Emergency Planning Committee Bylaws
Page 1 of 9
Oneida Nation Gaming Ordinance
Amendments
Oneida Nation Veterans Affairs Committee Bylaws
Amendments
Oneida Personnel Policies and Procedures Amendments
Emerg. Expires 11/11/22
Oneida Worker’s Compensation Law Emergency
Amendments Emerg. Expires 11/12/21
Oneida Trust Enrollment Committee Bylaws
Pandemic Relief Assistance Law Emerg. Expired 5/24/21
Pardon and Forgiveness Law Emergency Amendments
Emerg. Expires 4/28/22
Pardon and Forgiveness Screening Committee Bylaws
Amendments
Public Peace Law
Real Property Law Amendments
Recycling and Solid Waste Disposal Law Amendments
Sanctions and Penalties Law
Taxation Law
Traffic Law
Tribal Sovereignty in Data Research Law
Wellness Court Law
Workplace Violence Law Amendments
Legislative Operating Committee FY22 Third Quarter Report
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Page 2 of 9
Oneida Personnel Policies and Procedures Emergency Amendments
Emergency amendments to the Oneida Personnel Policies and were adopted by the Oneida
Business Committee on November 24, 2021, through the adoption of resolution BC-11-24-21-A
to improve the Nation’s hiring capacity and service delivery in the tight labor markets that have
The Legislative Operating Committee brought forward the following legislation for adoption or
amendment during the FY22 Third Quarter:
FY22 Third Quarter Legislative Accomplishments
On April 6, 2022, the Legislative Operating Committee tabled the request to add the Oneida Land
Claims Commission Bylaws Amendments to the Active Files List.
Then on June 1, 2022, the Legislative Operating Committee added the Oneida Nation Assistance
Fund law to its Active Files List.
Items Added to the Active Files List by the Legislative Operating Committee
On May 18, 2022, the Legislative Operating Committee added the Oneida Language Code to its
Active Files List.
During the FY22 Third Quarter the Legislative Operating Committee added two (2) legislative
items to its Active Files List. No requests were denied during the FY22 Third Quarter. One request
was tabled.
e
Legislative Operating Committee Action on Legislative Requests
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April 2022 – June 2022
•
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April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
resulted from the COVID-19 pandemic. The emergency amendments to the Oneida Personnel
Policies and Procedures:
Required that all applications for employment with the Nation be submitted online;
Eliminated the requirement that a position vacancy be posted twice with the first posting
open to enrolled members of the Nation only and the second posting open to the general
public;
Required that applicants who are enrolled members of the Oneida Nation be screened and
interviewed prior to any other applicants;
Allowed for a supervisor to choose between the next two (2) ranked applicants if the first
choice refuses the position offer;
Required an employee who is transferred to continue serving in their present position until
a replacement can be found, for a period up to thirty (30) days;
Removed the requirement that an employee completes one (1) year of service to the Nation
before being eligible for a transfer;
Clarified that an employee shall be required to undergo an original probation period for
three (3) months after being hired, transferred, or reassigned to a new position;
Removed the provision that provided probationary employees be paid at five percent (5%)
below the posted pay rate for the position; and
Made other revisions throughout Section III of the Oneida Personnel Policies and
Procedures to simplify and clarify language to make the hiring selection process more
efficient.
These emergency amendments to the Oneida Personnel Policies and Procedures were set to expire
on May 24, 2022.
It was the determined necessary to seek additional emergency amendments to the Oneida
Personnel Policies and Procedures to clarify inconsistencies that arose as a result of the last
emergency amendments. The Oneida Business Committee then adopted additional emergency
amendments to the Oneida Personnel Policies and Procedures on May 11, 2022, through the
adoption of resolution BC-05-11-22-A which maintained the current emergency amendments and
also:
Clarified that termination of an employee for cause during their original probationary
period shall not be subject to appeal; and
Clarified that employees who are terminated during their original probation period shall
not be paid for any unused accrued vacation or personal days in their final paycheck.
These emergency amendments to the Oneida Personnel Policies and Procedures will expire on
November 11, 2022.
Budget Management and Control Law Amendments
The Budget Management and Control law sets forth the requirements to be followed by the Oneida
Business Committee and Oneida fund units when preparing the budget to be presented to the
General Tribal Council for approval and to establish a triennial strategy planning process for the
Nation’s budget. [1 O.C. 121.1-1]. On November 24, 2020, the Oneida Business Committee
adopted emergency amendments to the Law in response to the COVID-19 pandemic to provide
that in the event that the Nation proclaims an emergency, in accordance with the Emergency
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April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
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. 121.5-3(b)(1)].
These emergency amendments were set to expire on May 24, 2021.
The Oneida Business Committee then adopted additional emergency amendments to the Budget
Management and Control law on May 12, 2021, to address the Nation’s non-compliance with the
budget development process and deadlines contained in the law. The emergency amendments to
the Budget Management and Control law removed much of the details of the budget process,
requirements, and deadlines, and instead provided that the Treasurer shall develop the necessary
guidelines and procedures, including specific deadlines, for the Nation’s budget development
process, to be reviewed and approved by the Oneida Business Committee. The Oneida Business
Committee adopted the emergency amendments to the law on May 12, 2021, through resolution
BC-05-12-21-C. The emergency amendments to the Budget Management and Control law were
set to expire on November 12, 2021.
The Oneida Business Committee extended the emergency amendments to the Budget Management
and Control law for an additional six (6) month period on November 10, 2021, through the
adoption of resolution BC-11-10-21-B. The emergency amendments to the Budget Management
and Control law were then set to expire on May 12, 2022.
The Oneida Business Committee then sought the adoption of permanent amendments to the Budget
Management and Control law which would:
Revise the name of this law from Budget Management and Control Law to Budget and
Finances Law;
Expand the purpose and policy of this Law to address other financial policies and
procedures for the Nation beyond just the budget process;
Eliminate the strategic planning provisions from this Law, instead providing simply that
the Oneida Business Committee should develop and adopt a strategic plan, broad goals, or
priorities for the Nation that the budget shall reflect;
Clarify the authority and responsibilities of those individuals who play a part in the
Nation’s budget process;
Simplify the budget process and procedure contained in the Law to improve the Nation’s
compliance with the Law and provide more flexibility to adjust the budget development
and adoption procedure to meet the Nation’s current circumstances;
Include new provisions which address:
unbudgeted expenditures;
obligated future expenditures;
capital contributions;
grants;
debt;
employment and labor allocations; and
unbudgeted positions.
The Oneida Business Committee adopted permanent amendments to the Budget Management and
Control law, now known as the Budget and Finances law, on May 11, 2022, through the adoption
Page 4 of 9
20 of 46
April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
of resolution BC-05-11-22-B. The amendments to the Budget Management and Control law
became effective on May 12, 2022.
Oneida Nation Gaming Ordinance Amendments
The Oneida Business Committee adopted emergency amendments to the Oneida Nation Gaming
Ordinance (ONGO) on May 12, 2021, through the adoption of resolution BC-05-12-21-D to
protect the Nation against exposure to litigation and/or legal claims relating to ONGO’s placement
of the Gaming Security Department within the Nation’s organizational structure. Specifically, the
emergency amendments removed an avenue for potential liability that has been raised with respect
to Security being placed within the Oneida Police Department under section 501.9-1 of the law.
[5 O.C. 501.9-1]. The emergency amendments to ONGO re-assigned Security to the Oneida
Business Committee to expeditiously dispose of any legal risks associated with its current
placement. These emergency amendments to the ONGO were set to expire on November 12, 2021.
The Oneida Business Committee then extended the emergency amendments to ONGO for an
additional six (6) month period on November 10, 2021, through the adoption of resolution BC-1110-21-A. The emergency amendments to ONGO were then set to expire on May 12, 2022.
On May 11, 2022, the Oneida Business Committee adopted permanent amendments to the ONGO
through the adoption of resolution BC-05-11-22-C which removed the legal risks associated with
the ONGO’s placement of the Gaming Security Department under the Oneida Police Department
within the Nation’s organizational structure by temporarily re-assigning Security to the Oneida
Business Committee while a more appropriate permanent placement is being developed and
vetted; and made other non-material changes to certain language within the ONGO that brought
the drafting of the ONGO up to date with the Nation’s current practices.
Emergency Adoption of the Oneida Nation Assistance Fund Law
On June 8, 2022, the Oneida Business Committee adopted the Oneida Nation Assistance Fund law
on an emergency basis through the adoption of resolution BC-06-08-22-A. The Oneida Nation
Assistance Fund law establishes the Oneida Nation Assistance Fund to govern how the Nation
provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10
O.C. 1003.1-1]. The Oneida Nation Assistance Fund law will:
Establish the Oneida Nation Assistance Fund as an approved program of the Nation in
accordance with the Oneida General Welfare law;
Provide how this program qualifies for general welfare exclusion;
Provide the eligibility requirements for accessing assistance from the Oneida Nation
Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or
older; and submits a completed application during the designated submission timeframe;
Provide the minimum requirements for the information that must be included on the
application;
Provide how and when funds from the Oneida Nation Assistance Fund are disbursed;
Provide for the types of expenses that shall be considered qualifying expenditures for use
of assistance from Oneida Nation Assistance Fund by the recipient;
Provide information on the funding source and who determines that amount of available
funding to an eligible participant; and
Page 5 of 9
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April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
Provide that the Trust Enrollment Department is the department that has the responsibilities
to administer the Oneida Nation Assistance Fund.
The emergency adoption of the Oneida Nation Assistance Fund law will expire on December 8,
2022.
FY22 Third Quarter Legislative Highlights
The Legislative Operating Committee would like to highlight its work on the following legislative
items during the FY22 Third Quarter:
Business Corporations Law
The Legislative Operating Committee held three (3) work meetings during the FY22 Third Quarter
on the proposed Business Corporations law.
Children’s Code Amendments
The Legislative Operating Committee held two (2) work meetings during the FY22 Third Quarter
on the proposed amendments to the Children’s Code. The work meeting was held in collaboration
with the Oneida Law Office, Indian Child Welfare Department, and the Oneida Family Court. On
April 20, 2022, the Legislative Operating Committee approve the draft of the Children’s Code
amendments and direct that a legislative analysis be developed. Then on May 4, 2022, the
Legislative Operating Committee approved the updated draft and the legislative analysis for
Children’s Code amendments. On May 18, 2022, the Legislative Operating Committee approved
the public meeting packet and forwarded the Children’s Code amendments to a public meeting to
be held on June 15, 2022. No individuals provided public comment during the public meeting. The
public comment period was then held open until June 22, 2022. One (1) submission of written
comments were received during the public comment period.
Elder Assistance Program Law
The Legislative Operating Committee held two (2) work meetings during the FY22 Third Quarter
on the proposed Elder Assistance Program law. On April 20, 2022, the Legislative Operating
Committee approved the legislative analysis and public meeting packet and forwarded the Elder
Assistance Program law to a public meeting to be held on May 18, 2022. Three (3) individuals
provided public comment during the public meeting. The public comment period was then held
open until May 25, 2022. Three (3) submissions of written comments were received during the
public comment period. On June 1, 2022, the Legislative Operating Committee accepted the public
comments and the public comment review memorandum and deferred these items to a work
meeting for further consideration. On June 15, 2022, the Legislative Operating Committee
approved the updated public comment review memorandum [with noted change], draft, legislative
analysis, and fiscal impact statement request memorandum, and forwarded these items to the
Finance Department directing that a fiscal impact statement be prepared and submitted by July 14,
2022.
Healing to Wellness Court Law
The Legislative Operating Committee held two (2) work meetings during the FY22 Third Quarter
on the Healing to Wellness Court law. On May 4, 2022, the Legislative Operating Committee held
a public meeting on the proposed Healing to Wellness Court law. Two (2) individuals provided
Page 6 of 9
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April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
public comment during the public meeting. The public comment period was then held open until
May 11, 2022. One (1) submission of written comments was received during the public comment
period. On May 18, 2022, the Legislative Operating Committee accepted the public comments and
the public comment review memorandum and deferred these items to a work meeting for further
consideration. On June 1, 2022, the Legislative Operating Committee approved the updated public
comment review memorandum, draft, and updated legislative analysis; and approved the fiscal
impact statement request memorandum and forwarded these items to the Finance Department
directing that a fiscal impact statement be prepared and submitted to the LOC by June 15, 2022.
The Legislative Operating Committee then subsequently agreed to amend the due date of this fiscal
impact statement for the Healing to Wellness Court law to June 29, 2022, at the request of Finance.
The fiscal impact statement was received from the Finance Administration on June 29, 2022.
Law Enforcement Ordinance Amendments
The Legislative Operating Committee held one (1) work meetings during the FY22 Third Quarter
on the proposed amendments to the Law Enforcement Ordinance.
Marijuana Law
The Legislative Operating Committee held two (2) work meetings during the FY22 Third Quarter
on the proposed Marijuana law.
Real Property Law Amendments
The Legislative Operating Committee held two (2) work meetings during the FY22 Third Quarter
on the proposed amendments to the Real Property law.
Traffic Law
The Legislative Operating Committee held three (3) work meetings during the FY22 Third Quarter
on the proposed Traffic law.
FY22 Third Quarter Legislative Operating Committee Meetings
Typically, all Legislative Operating Committee meetings are open to the public and held on the
first and third Wednesday of each month, at 9:00 a.m. in the Norbert Hill Center’s Business
Committee Conference Room.
The Legislative Operating Committee held the following meetings during the FY22 Third Quarter:
April 6, 2022 – Regular meeting;
April 20, 2022 – Regular meeting;
May 4, 2022 – Regular meeting;
May 18, 2022 – Regular meeting;
June 1, 2022 – Regular meeting; and
June 15, 2022 – Regular meeting.
In addition to attending the Legislative Operating Committee meetings in person, employees of
the Nation are provided the opportunity to attend the Legislative Operating Committee meeting
through Microsoft Teams. Additionally, any non-employee who would like to access the
Legislative Operating Committee meeting through Microsoft Teams can provide their name,
phone number or e-mail address to LOC@oneidanation.org by the close of business the day before
Page 7 of 9
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April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
a meeting of the Legislative Operating Committee to receive the link to the Microsoft Teams
meeting. For those who may be unable to attend the Legislative Operating Committee meeting
either in person or on Microsoft Teams, an audio recording of the Legislative Operating Committee
meeting is made available on the Nation’s website after the meeting concludes.
Goals for FY22 Fourth Quarter
During the FY22 Fourth Quarter the Legislative Operating Committee will focus its legislative
efforts on the following matters:
1. Adoption of the Elder Assistance Program law;
2. Adoption of the Healing to Wellness Court law;
3. Development of permanent amendments to the Oneida Personnel Policies and
Procedures;
4. Public meeting for the permanent adoption of the Oneida Nation Assistance Fund law;
5. Development of amendments to the Real Property law;
6. Development of the Marijuana law;
7. Development of the Traffic law;
8. Development of the Business Corporations law; and
9. Development of the Oneida Language Code.
Legislative Reference Office
The Legislative Reference Office’s mission is to provide support for the Legislative Operating
Committee in developing clear and consistent legislation that reflects the Nation’s values, builds
upon the Nation’s strong foundation, and reaffirms our inherent sovereignty. During the FY22
Third Quarter the Legislative Reference Office was staffed by the following individuals:
Clorissa N. Santiago, Senior Legislative Staff Attorney.
Contact: csantia1@oneidanation.org or (920) 869-4417
Carolyn Salutz, Legislative Staff Attorney.
Carolyn was welcomed to the Legislative Reference Office on June 6, 2022.
Contact: csalutz@oneidanation.org or (920) 869-4422
Grace Elliot, Legislative Staff Attorney.
Grace was welcomed to the Legislative Reference Office on June 6, 2022.
Contact: gelliott@oneidanation.org or (920) 869-4320
Carmen Vanlanen, Legislative Analyst.
Carmen ended her employment with the Legislative Reference Office on April 20,
2022.
Page 8 of 9
24 of 46
April 2022 – June 2022
Legislative Operating Committee FY22 Third Quarter Report
Legislative Operating Committee Contact Information
Feel free to contact the LOC at LOC@oneidanation.org with any questions or comments, or
individual LOC members at the following:
David Jordan, LOC Chairman
djordan1@oneidanation.org
Kirby Metoxen, LOC Vice-Chairman
kmetox@oneidanation.org
Jennifer Webster, LOC Member
jwebste1@oneidanation.org
Daniel Guzman King, LOC Member
dguzman@oneidanation.org
Marie Summers, LOC Member
esummer1@oneidanation.org
Page 9 of 9
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July 25, 2022 Legislative Operating Committee E-Poll
Emergency Amendments to the Oneida General Tribal Council Ten
Day Notice Policy
E-POLL REQUEST: Emergency Amendment s to t he Oneida General Tribal Cou ncil Ten Day Not ice Policy
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Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy Pad:et.pdf v
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Good Morning Legislative Operating Committee,
This e-mail serves as the e-poll for the approval of the Oneida General Tribal Council Ten Day Notice Policy
emergency amendments adoption materials.
EXECUTIVE SUMMARY
An emergency amendment to the Oneida General Tribal Council Ten Day Notice Policy is being sought.
The 2022 Special Election is currently scheduled for July 16, 2022. On average the Nation spends a total
of four hundred sixty-four thousand dollars ($464,000) on a year on printing and mailing materials for
General Tribal Council meetings. Since January 2020, many, if not all, activities and interaction with the
Oneida Nation, as well as with other local, state and federal government agencies, have moved to
electronic access and the comfort level and abilities of individuals to utilize these resources has been
further increased. As a method to reduce costs while maintaining accessibility, the Oneida Business
Committee believes moving to electronic delivery of meeting materials will provide a consistent, early,
and inexpensive way to allow every member access to meeting materials.
The proposed emergency amendments to the Oneida General Tribal Council Ten Day Notice Policy replace
the provisions of section 110.5 Notice to Membership with a provision that provides that all materials
developed for a General Tribal Council meeting shall be posted to the Oneida Nation’s Members’ Only
website at least ten (10) calendar days prior to the meeting and no mailing of those materials shall be
required. [1 O.C. 110.5-1].
The Oneida Business Committee can temporarily enact legislation when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation population, and
the amendment of the legislation is required sooner than would be possible under the Legislative
Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting are not required for
emergency legislation. [1 O.C. 109.9-5(a)].
The emergency amendment to the Oneida General Tribal Council Ten Day Notice Policy is necessary for
the preservation of the general welfare of the Reservation population to ensure that the resources of the
Nation are preserved to continue the provision of services to members to meet their needs in food,
employment, education, health care, and housing.
Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of the
amendment to the Oneida General Tribal Council Ten Day Notice Policy would be contrary to public
interest since the Nation continues to face budgeting issues resulting from the 2020 closure of enterprises,
Page 1 of 3
26 of 46
the economic downturn that resulted from the early pandemic impacts and the slow recovery from that,
and the current inflation/recession crises that the Nation is grappling to control.
The adoption of the emergency amendment to the Oneida General Tribal Council Ten Day Notice Policy
will take effect immediately upon adoption by the Oneida Business Committee. The emergency
amendment to the Oneida General Tribal Council Ten Day Notice Policy will remain effective for six (6)
months. The Legislative Procedures Act provides the possibility to extend the emergency amendment for
an additional six (6) months, or until the emergency amendment expires or is permanently adopted. [1
O.C. 109.9-5(b)].
Attached to this e-poll please find the following materials:
Emergency Adoption Memo;
Resolution, Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy;
Statement of effect;
Legislative Analysis;
Draft (Redline); and
Draft (Clean).
The LOC is now being asked to add the Oneida General Tribal Council Ten Day Notice Policy emergency
amendments to the Active Files List and approve by e-poll the Oneida General Tribal Council Ten Day
Notice Policy emergency amendment adoption packet and forward to the Oneida Business Committee for
consideration.
An e-poll is necessary for this matter because the next Legislative Operating Committee meeting is not
until August 3, 2022, and it is intended that these materials be included on the agenda for the July 27,
2022, Oneida Business Committee meeting.
REQUESTED ACTION
Add the Oneida General Tribal Council Ten Day Notice Policy emergency amendments to the
Active Files List with David P. Jordan as the sponsor, and approve the Oneida General Tribal
Council Ten Day Notice Policy emergency amendments adoption packet and forward to the
Oneida Business Committee for consideration.
DEADLINE FOR RESPONSE
July 25, 2022 at 4:00 p.m.
All supporting documentation has been attached to this email for your convenience.
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ONEIDA
A good mind. A g<>oci heart. A strong fire.
E-POLL RESULTS:
This e-poll failed. The e-poll was opposed by Marie Summers, Daniel Guzman King, and Jennifer
Webster. David P. Jordan and Kirby Metoxen did not provide a response.
Page 2 of 3
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RE: E-POLL REQUEST: Emergency Amendments to the Oneida General Tribal Council Ten Day Not ice Policy
~ Reply
Ethel M. Summers
To
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<(:) Reply All
LOC;
David P.Jordan; 0 KirbyW. Metoxen;
Jennifer A. Webster; 0 Daniel P. Guzman
Rhiannon R. M etoxen; 0 Kristal E. Hil~ 0 Cloriss.a N. Santiago
➔ Forward
JD
Mon 7/25/2fJ22 10:49 AM
Oppose. For t he Record-Not all Oneida enrolled citizens have the internet or computer devices to log on and read 99+ pages (or less) of the Semi-Annual or Annual Report. I would r econsider my
opposition if there was an option which allow ed Oneida enrolled cit izens t o request a hard copy (individually) after it w as posted on the w ebsite.
Yan,,...ko,
Marie Summers
Councilwoman
Oneida Business Committee
r""\.
000000
ONEIDA
RE: E- POLL REQUEST: Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy
[ fJ Repty
Daniel P. Guzman
LOC; David P. Jordan; 0 Kirby W. Metoxen; Ethel M. Sum m ers;
Rhiannon R. Metoxen; 0 Kristal E. Hilt O Clo rissa N. Santiago
Jennifer A. Webster
<~ Repty All
➔ Forward
JD
Mon 7/25/2022 12:43 PM
Oppose. There needs to be a t ransition plan w ith options such as: r 1 y ear promote and educate tribal member on how to use/access the information online and opt out of mailings. 2 nd year everyone
automatically goes online with an option to sign up for paper mailings or personal emailings.
RE: E- POLL REQUEST: Emergency Amendments to t he Oneida General Tribal Council Ten Day Notice Policy
I E-:J R,ply I <(:) R, ply AII I ➔ Fo~a,d I □
Jennifer A W ebster
To
Cc
LOC; David P. Jordan; 0 KirbyW, Metoxen; Ethel M, Summers; 0 Daniel P. Guzman
Rhian non R. Metoxen; 0 Kristal E. Hilt O Clorissa N, Santiago
Oppose.
This in not an emergency that will effect the Health Safety+ W elfare of our community. It should go thru t he regular process for community input.
Thanks,
Jenny
Page 3 of 3
Mon 7/25/2022 1:26 PM
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Oneida Nation
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
David P. Jordan, LOC Chairperson
July 27, 2022
Adoption of Emergency Amendments to the Oneida General Tribal Council Ten
Day Notice Policy
Please find the following attached backup documentation for your consideration of emergency
amendments to the Oneida General Tribal Council Ten Day Notice Policy:
1. Resolution: Emergency Amendments to the Oneida General Tribal Council Ten Day
Notice Policy
2. Statement of Effect: Emergency Amendments to the Oneida General Tribal Council Ten
Day Notice Policy
3. Oneida General Tribal Council Ten Day Notice Policy Emergency Amendment Legislative
Analysis
4. Oneida General Tribal Council Ten Day Notice Policy Emergency Amendment Draft
(Redline)
5. Oneida General Tribal Council Ten Day Notice Policy Emergency Amendment (Clean)
Overview
An emergency amendment to the Oneida General Tribal Council Ten Day Notice Policy is being
sought. The Oneida General Tribal Council Ten Day Notice Policy governs how the General Tribal
Council will be noticed of regular or special business to be conducted or action taken at a General
Tribal Council meeting. [1 O.C. 110.1-1]. The emergency amendment to the Law will replace the
provisions of section 110.5 Notice to Membership with a provision that provides that all materials
developed for a General Tribal Council meeting shall be posted to the Oneida Nation’s Members’
Only website at least ten (10) calendar days prior to the meeting and no mailing of those materials
shall be required. [1 O.C. 110.5-1]
The Oneida Business Committee can temporarily enact legislation when legislation is necessary
for the immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible under
the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting
are not required for emergency legislation. [1 O.C. 109.9-5(a)].
On average the Nation spends a total of four hundred sixty-four thousand dollars ($464,000) on a
year on printing and mailing materials for General Tribal Council meetings. Since January 2020,
many, if not all, activities and interaction with the Oneida Nation, as well as with other local, state
and federal government agencies, have moved to electronic access and the comfort level and
abilities of individuals to utilize these resources has been further increased. As a method to reduce
costs while maintaining accessibility, the Oneida Business Committee believes moving to
Page 1 of 2
A good mind. A good heart. A strong fire.
29 of 46
electronic delivery of meeting materials will provide a consistent, early, and inexpensive way to
allow every member access to meeting materials.
The emergency amendment to the Oneida General Tribal Council Ten Day Notice Policy is
necessary for the preservation of the general welfare of the Reservation population to ensure that
the resources of the Nation are preserved to continue the provision of services to members to meet
their needs in food, employment, education, health care, and housing.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of the amendment to the Election law would be contrary to public interest since the Nation
continues to face budgeting issues resulting from the 2020 closure of enterprises, the economic
downturn that resulted from the early pandemic impacts and the slow recovery from that, and the
current inflation/recession crises that the Nation is grappling to control.
The adoption of the emergency amendments to the Oneida General Tribal Council Ten Day Notice
Policy will take effect immediately upon adoption by the Oneida Business Committee. The
emergency amendments to the Oneida General Tribal Council Ten Day Notice Policy will remain
effective for six (6) months. The Legislative Procedures Act provides the possibility to extend the
emergency amendment for an additional six (6) months, or until the emergency amendment expires
or is permanently adopted. [1 O.C. 109.9-5(b)].
Requested Action
Approve the Resolution: Emergency Amendments to the Oneida General Tribal Council Ten Day
Notice Policy
Page 2 of 2
A good mind. A good heart. A strong fire.
~
ONEIDA
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida General Tribal Council Ten Day Notice Policy (“the Law”) was adopted by the
General Tribal Council on March 4, 1991, for the purpose of providing how the General
Tribal Council will be noticed of regular or special business to be conducted or action taken
at a General Tribal Council meeting; and
WHEREAS,
the Oneida Business Committee is responsible for scheduling and producing meeting
materials for General Tribal Council meetings; and
WHEREAS,
on average, the cost of producing meeting materials for General Tribal Council meeting is
fifty-eight thousand dollars ($58,000) per meeting, and at eight (8) meetings per year, this
is a total of four hundred sixty-four thousand dollars ($464,000) on average spent printing
and mailing materials; and
WHEREAS,
the Oneida Business Committee has placed resolutions, minutes, and packets for Oneida
Business Committee meetings online for many years, and access to General Tribal Council
meeting packets, minutes, and resolutions have also been placed online for access to
current meetings and research of past meeting actions; and
WHEREAS,
the Law does not take into account the general availability of online access to information
and resources of the Oneida Nation; and
WHEREAS,
as a method to reduce costs while maintaining accessibility, the Oneida Business
Committee believes moving to electronic delivery of meeting materials will provide a
consistent, early, and inexpensive way to allow every member access to meeting materials;
and
WHEREAS,
since January 2020, many, if not all, activities and interaction with the Oneida Nation, as
well as with other local, state and federal government agencies, have moved to electronic
access and the comfort level and abilities of individuals to utilize these resources has been
further increased through the on-line application processes for many General Welfare
Assistance programs; and
WHEREAS,
an emergency amendment to the Law is being sought to replace the provisions of section
110.5 Notice to Membership with a provision that provides that all materials developed for
a General Tribal Council meeting shall be posted to the Oneida Nation’s Members’ Only
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BC Resolution _____________
Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy
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website at least ten (10) calendar days prior to the meeting and no mailing of those
materials shall be required; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and
WHEREAS,
emergency adoption of legislation is allowed when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible
under the Legislative Procedures Act; and
WHEREAS,
the emergency adoption of the amendments to the Law are necessary for the preservation
of the general welfare of the Reservation population to ensure that the resources of the
Nation are preserved to continue the provision of services to members to meet their needs
in food, employment, education, health care, and housing; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of these
amendments would be contrary to public interest since the Nation continues to face
budgeting issues resulting from the 2020 closure of enterprises, the economic downturn
that resulted from the early pandemic impacts and the slow recovery from that, and the
current inflation/recession crises that the Nation is grappling to control; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendments to the Oneida General Tribal Council Ten Day Notice Policy effective immediately.
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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
Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy
Summary
This resolution adopts emergency amendments to the Oneida General Tribal Council Ten Day
Notice Policy to provide that all materials developed for a General Tribal Council meeting shall
be posted to the Oneida Nation’s Members’ Only website at least ten (10) calendar days prior to
the meeting and no mailing of those materials shall be required.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: July 25, 2022
Analysis by the Legislative Reference Office
This resolution adopts an emergency amendment to the Oneida General Tribal Council Ten Day
Notice Policy (“the Law”). The Law provides how the General Tribal Council will be noticed of
regular or special business to be conducted or action taken at a General Tribal Council meeting.
[1 O.C. 110.1-1]. The emergency amendment to the Law will replace the provisions of section
110.5 Notice to Membership with a provision that provides that all materials developed for a
General Tribal Council meeting shall be posted to the Oneida Nation’s Members’ Only website at
least ten (10) calendar days prior to the meeting and no mailing of those materials shall be required.
[1 O.C. 110.5-1]
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety, or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].
The resolution provides that the emergency amendment to the Law is necessary for the
preservation of the general welfare of the Reservation population to ensure that the resources of
the Nation are preserved to continue the provision of services to members to meet their needs in
food, employment, education, health care, and housing.
Additionally, observance of the requirements under the LPA for the adoption of the amendment to
the Law would be contrary to public interest since the Nation continues to face budgeting issues
resulting from the 2020 closure of enterprises, the economic downturn that resulted from the early
pandemic impacts and the slow recovery from that, and the current inflation/recession crises that
the Nation is grappling to control.
Page 1 of 2
A good mind. A good heart. A strong fire.
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The adoption of the emergency amendment to the Law will take effect immediately upon adoption
by the Oneida Business Committee. The emergency amendment to the Law will remain effective
for six (6) months. The LPA provides the possibility to extend the emergency amendment for an
additional six (6) months, or until the emergency amendment expires or is permanently adopted.
[1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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ONEIDA
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Analysis to Emergency Draft 1
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ONEIDA GENERAL TRIBAL COUNCIL TEN DAY
NOTICE POLICY EMERGENCY AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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Analysis by the Legislative Reference Office
Provide that all materials developed for a General Tribal Council meeting
shall be posted to the Oneida Nation’s Members’ Only website at least ten
(10) calendar days prior to the meeting and no mailing of those materials shall
be required. [1 O.C. 110.5-1]
To govern how the General Tribal Council will be noticed of regular or
special business to be conducted or action taken at a General Tribal Council
meeting. [1 O.C. 110.1-1]
Oneida Business Committee, General Tribal Council.
A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida General Tribal Council Ten Day Notice Policy (“the Law”) was adopted by
the General Tribal Council on March 4, 1991, for the purpose of providing how the General Tribal
Council will be noticed of regular or special business to be conducted or action taken at a General Tribal
Council meeting.
SECTION 3. CONSULTATION AND OUTREACH
•
Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Law Office.
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SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency legislation where legislation is necessary for the immediate
preservation of public health, safety, or general welfare of the Reservation population and enactment,
or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.95].
The emergency adoption of amendments to this Law are necessary for the preservation of the
general welfare of the Reservation population in order to ensure that the resources of the Nation
Page 1 of 4
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Analysis to Emergency Draft 1
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are preserved to continue the provision of services to members to meet their needs in food,
employment, education, health care, and housing.
Observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law would be contrary to public interest since the Nation continues
to face budgeting issues resulting from the 2020 closure of enterprises, the economic downturn that
resulted from the early pandemic impacts and the slow recovery from that, and the current
inflation/recession crises that the Nation is grappling to control.
B. The emergency amendments will expire six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].
C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact
statement will eventually be required when considering permanent adoption of this Law.
D. The Legislative Operating Committee added these emergency amendments to the Active Files List on
July 25, 2022.
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SECTION 5. CONTENTS OF THE LEGISLATION
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SECTION 6. EXISTING LEGISLATION
D. Notice to Membership. The proposed emergency amendments provides that all materials developed
for a General Tribal Council meeting shall be posted to the Oneida Nation’s Members’ Only website
at least ten (10) calendar days prior to the meeting and no mailing of those materials shall be required.
[1 O.C. 110.5-1]. This emergency amendment is replacing all former provisions of section 110.5 Notice
to Membership. Previously, the provisions in section 110.5 provided that the Tribal Secretary shall
provide adequate copies for the GTC meeting and notice of all actions to be introduced shall be posted
on defined Places of Prominence. The Tribal Secretary was required to give notice in the Kalihwisaks,
and other places of all actions to be introduced or considered in a timely manner to the membership.
Membership was encouraged to submit their items or concerns to the Tribal Secretary for the agenda.
Notice to the department was provided for in this section and required that a resolution pertaining to
any department, program, or enterprise shall be sent to the director or manager of that department
immediately upon receipt of the resolution by the Tribal Secretary. Notice of annual and semi-annual
General Tribal Council meeting was required to be sent to all Tribal members identified by the
Enrollment Department as: head of household who is age 21 or over. The notice shall contain the
following information: Information that the Annual or Semi-Annual General Tribal Council report is
in the process of completion and if the head of household wishes to receive the report, he or she must
return the postage paid card on or before the deadline date; return postage paid card; and deadline date.
Effect. On average the Nation spends a total of four hundred sixty-four thousand dollars ($464,000)
on a year on printing and mailing materials for General Tribal Council meetings. Since January
2020, many, if not all, activities and interaction with the Oneida Nation, as well as with other local,
state and federal government agencies, have moved to electronic access and the comfort level and
abilities of individuals to utilize these resources has been further increased. As a method to reduce
costs while maintaining accessibility, the Oneida Business Committee believes moving to
electronic delivery of meeting materials will provide a consistent, early, and inexpensive way to
allow every member access to meeting materials.
Page 2 of 4
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Analysis to Emergency Draft 1
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A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption
of laws of the Nation which includes taking into account comments from members of the
Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of these proposed emergency amendments would conform with the
requirements of the Legislative Procedures Act.
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SECTION 7. OTHER CONSIDERATIONS
A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to the Law
expire six (6) months after adoption. The emergency legislation may be renewed for an additional six
(6) month period.
Conclusion: The Legislative Operating Committee will need to determine if the adoption of these
amendments is necessary on a permanent basis, and if so, develop the permanent amendments to
this Law within the next six (6) to twelve (12) months.
Page 3 of 4
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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
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emergency legislation [1 O.C. 109.6-1].
110
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Title 1. Government and Finances – Chapter 110
ONEIDA GENERAL TRIBAL COUNCIL TEN DAY NOTICE POLICY
110.1. Statement of Purpose
110.2. Definitions
110.3. Procedure
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110.4. Filing Process of Proposed Resolutions
110.5. Notice to Membership
110.6. Process for Introducing Resolutions at GTC Meeting
110.1. Statement of Purpose
110.1-1. Provide notice to General Tribal Council (GTC) of regular or special business to be
conducted or action taken at a GTC meeting.
110.1-2. Date, Time, Place to be published to give notice of the meeting to the membership.
110.1-3. Provide a clear and concise statement of procedures to be followed by the GTC and the
Oneida Business Committee during conducting of GTC meetings.
(a) Agenda
(b) Motions
(c) Resolutions
110.2. Definitions
(a) Due Process: A process or procedure designed to give actual notice of a meeting or
event that will or may effect the person(s) to whom the notice is given.
(b) Motion: Means a formal proposal by a member in a duly called meeting, that the body
take a certain action.
(c) Notice: Means actually informing the membership of a regular or special meeting by:
(1) Publishing an agenda
(2) Stating a location
(3) Stating the date and time in a reasonable time for the members to attend.
(d) Places of Prominence: See attachment.
(e) Resolution: Means a proposed action of a substantial nature. It is introduced by a
motion and includes statements of preamble setting forth its purpose, or reason, or
statements of need or desirable goals and statements of resolve clearly and concisely setting
forth actions to be taken or implemented.
(f) Preamble: A preliminary statement, the introduction to a formal document that
explains its purpose.
(g) Secretary: Means the duly elected Secretary of the Oneida General Tribal Council.
(h) Ten (10) Day Notice: Means ten (10) calendar days, including weekends and holidays.
110.3. Procedure
110.3-1. Any resolution or motion pertaining to due process, or action that would have a direct
impact on budgets or operations of the tribe shall be subject to a 10-day notice requirement.
(a) Motions:
(1) Reports: Motions to approve, disapprove, delete, correct or table do not require
10-day notice as long as they pertain to agenda reports.
(2) Reports with recommendations that call for motions to be made that have a
direct impact on the budget or operations of the tribe shall be required to adhere to
1 O.C. 110 – Page 1
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the 10-day notice procedures.
(3) Action to over rule previous passed motions or resolutions shall require a 2/3
majority vote.
(4) Points of Order and other processes that relate to the conducting of meeting are
not subject to a 10-day notice.
(b) Motions: that call for action that will have a direct impact on the budget or operations
of the Tribe shall be required to adhere to the following procedures:
(1) If a motion is introduced that is of impact nature the motion will be referred to
the Business Committee. The Business Committee shall be responsible for follow
up and reporting back to the GTC at next meeting in written form.
(A) Upon receipt of the fact finding report by the GTC, the GTC will then
entertain motion for vote.
(B) Motions that have been passed by GTC shall be carried out and adhered
to whole heartedly by the Business Committee or as directed by the GTC.
(c) Resolutions: All resolutions to be introduced shall be subject to the 10-day notice
requirement.
(1) Author(s) of resolution shall be identified by name and signature(s). This
includes Oneida Business Committee members.
(2) Anonymous resolutions will not be considered.
110.4. Filing Process of Proposed Resolutions
110.4-1. Five (5) copies of resolution to be introduced shall be provided to the Tribal Secretary
for purpose of providing copies to the General Tribal Council meeting not later than Ten (10)
calendar days prior to the ten day notice.
(a) The Legislative Operating Committee shall be established to implement resolution
procedures, this committee shall not have authority to Veto or change the resolution in any
manner.
(b) The Legislative Operating Committee shall be made up of the Oneida Business
Committee members who are not officers.
110.4-2. Upon receipt of the resolution, the Tribal Secretary shall acknowledge formal acceptance
in the following manner:
(a) A signed receipt shall be given to the sponsor of the resolution.
(b) Receipt of resolution shall be recorded in a special log and shall include the date, time,
subject, and author(s).
(c) A separate file shall be maintained by the Tribal Secretary of all submitted resolutions
that pertain to the GTC meeting(s).
110.4-3. A standardized resolution form shall be available from the Tribal Secretarys office to
to any tribal member who desires to develop a Resolution for the GTC meeting.
(a) The form shall include a statement of purpose and reason for the resolution.
(b) The form shall include a clear statement of corrective action to be carried out.
110.5. Notice to Membership
110.5-1. TheAll materials developed for a General Tribal SecretaryCouncil meeting shall provide
adequate copies forbe posted to the GTCOneida Nation’s Members’ Only website at least ten (10)
1 O.C. 110 – Page 2
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calendar days prior to the meeting and noticeno mailing of all actions to be introducedthose
materials shall be posted on defined Places of Prominence.required.
(a) The Tribal Secretary shall give notice in the Kaliwisaks, and other places of all actions
to be introduced or considered in a timely manner to the membership.
(b) Membership shall be encouraged to submit their items or concerns to the Tribal
Secretary for the agenda.
110.5-2. Notice to Department: A resolution pertaining to any department, program, or enterprise
shall be sent to the director or manager of that department immediately upon receipt of the
resolution by the Tribal Secretary.
110.5-3. General Tribal Council Meetings - Annual and Semi-Annual: Notice will be sent to all
Tribal members identified by the Enrollment Department as: head of household who is age 21 or
over. The notice shall contain the following information:
(a) Information that the Annual or Semi-Annual General Tribal Council report is in the
process of completion and if the head of household wishes to receive the report, he or she
must return the postage paid card on or before the deadline date.
(b) return postage paid card.
(c) deadline date.
110.6. Process for Introducing Resolutions at GTC Meeting
110.6-1. Introduction of Resolution by author(s).
110.6-2. Discussion.
110.6-3. Chair shall entertain a motion.
(a) Action should address the introduced Resolution.
110.6-4. Vote on the motion.
110.6-5. Results of the vote on all resolutions shall be published in the Kaliwisaks in next
scheduled Kaliwisaks publication.
(a) Resolutions that have been passed by GTC shall be implemented whole heartedly by
the Business Committee or as directed by the GTC.
(1) Written progress reports shall be reported back to the GTC at next meeting.
(2) Failure by the BC to properly implement, or demonstrate progress of GTC
actions may be subject to grounds of suspension and/or removal.
(A) Refer to the Business Committee Removal Ordinance.
End.
Adopted - GTC, motion March 4, 1991
(See also 7/8/00 GTC attachment pg. 101 for 4-14-00 memo – Re: Places of Prominence)
Amended - Special BC Resolution #8-02-00-A.
1 O.C. 110 – Page 3
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To:
General Tribal Council
From:
Vince DelaRosa, Chairman Legislative Operating Committee
Date:
April 14, 2000
Re:
Emergency Amended Ten Day Notice Policy for Adoption – – BC-__-__-__-__
Places of Prominence
The Amended Ten Day Notice policy is ready for adoption by the General Tribal Council which
was tabled at the July 12, 1999 GTC meeting due to a lack of a quorum. It was also tabled at the
January 2000 Annual GTC meeting and at the February 23,2000 Special Oneida Business
Committee meeting regarding the January 3,2000 GTC meeting until the July 2000 Semi-Annual
GTC meeting. The OBC also noted for the record that an attachment for places of prominence will
need to be supplied by the LOC, which is a required component for the Ten Day Notice policy, at
the July 2000 GTC Semi-Annual Meeting.
Places of prominence are intended for locations where the Legislative Operating Committee,
Oneida Business Committee, and General Tribal Council official meeting notices can be posted
for the public. These locations have been identified by the past Legislative Operating Committee
back in January 1994 along with the purchase of locked glass cases for this purpose. The current
Legislative Operating Committee also identifies the same locations and recommends these be the
designated areas, and incorporated in the Ten Day Notice policy upon adoption. The following are
the designated locations:
Hwy 54 & EEE Oneida One Stops
Norbert Hill Center - Main Office
Library .
Main Casino & IMAC
Senior Center
Thank you.
Semi-Annual General Tribal Council Meeting - July 8, 2000
1 O.C. 110 – Page 4
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Page 101 of 281
1 O.C. 110 – Page 5
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Title 1. Government and Finances – Chapter 110
ONEIDA GENERAL TRIBAL COUNCIL TEN DAY NOTICE POLICY
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110.1. Statement of Purpose
110.2. Definitions
110.3. Procedure
110.4. Filing Process of Proposed Resolutions
110.5. Notice to Membership
110.6. Process for Introducing Resolutions at GTC Meeting
110.1. Statement of Purpose
110.1-1. Provide notice to General Tribal Council (GTC) of regular or special business to be
conducted or action taken at a GTC meeting.
110.1-2. Date, Time, Place to be published to give notice of the meeting to the membership.
110.1-3. Provide a clear and concise statement of procedures to be followed by the GTC and the
Oneida Business Committee during conducting of GTC meetings.
(a) Agenda
(b) Motions
(c) Resolutions
110.2. Definitions
(a) Due Process: A process or procedure designed to give actual notice of a meeting or
event that will or may effect the person(s) to whom the notice is given.
(b) Motion: Means a formal proposal by a member in a duly called meeting, that the body
take a certain action.
(c) Notice: Means actually informing the membership of a regular or special meeting by:
(1) Publishing an agenda
(2) Stating a location
(3) Stating the date and time in a reasonable time for the members to attend.
(d) Places of Prominence: See attachment.
(e) Resolution: Means a proposed action of a substantial nature. It is introduced by a
motion and includes statements of preamble setting forth its purpose, or reason, or statements
of need or desirable goals and statements of resolve clearly and concisely setting forth
actions to be taken or implemented.
(f) Preamble: A preliminary statement, the introduction to a formal document that explains
its purpose.
(g) Secretary: Means the duly elected Secretary of the Oneida General Tribal Council.
(h) Ten (10) Day Notice: Means ten (10) calendar days, including weekends and holidays.
110.3. Procedure
110.3-1. Any resolution or motion pertaining to due process, or action that would have a direct
impact on budgets or operations of the tribe shall be subject to a 10-day notice requirement.
(a) Motions:
(1) Reports: Motions to approve, disapprove, delete, correct or table do not require
10-day notice as long as they pertain to agenda reports.
(2) Reports with recommendations that call for motions to be made that have a direct
impact on the budget or operations of the tribe shall be required to adhere to the 101 O.C. 110 – Page 1
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day notice procedures.
(3) Action to over rule previous passed motions or resolutions shall require a 2/3
majority vote.
(4) Points of Order and other processes that relate to the conducting of meeting are
not subject to a 10-day notice.
(b) Motions: that call for action that will have a direct impact on the budget or operations of
the Tribe shall be required to adhere to the following procedures:
(1) If a motion is introduced that is of impact nature the motion will be referred to
the Business Committee. The Business Committee shall be responsible for follow
up and reporting back to the GTC at next meeting in written form.
(A) Upon receipt of the fact finding report by the GTC, the GTC will then
entertain motion for vote.
(B) Motions that have been passed by GTC shall be carried out and adhered
to whole heartedly by the Business Committee or as directed by the GTC.
(c) Resolutions: All resolutions to be introduced shall be subject to the 10-day notice
requirement.
(1) Author(s) of resolution shall be identified by name and signature(s). This
includes Oneida Business Committee members.
(2) Anonymous resolutions will not be considered.
110.4. Filing Process of Proposed Resolutions
110.4-1. Five (5) copies of resolution to be introduced shall be provided to the Tribal Secretary for
purpose of providing copies to the General Tribal Council meeting not later than Ten (10) calendar
days prior to the ten day notice.
(a) The Legislative Operating Committee shall be established to implement resolution
procedures, this committee shall not have authority to Veto or change the resolution in any
manner.
(b) The Legislative Operating Committee shall be made up of the Oneida Business
Committee members who are not officers.
110.4-2. Upon receipt of the resolution, the Tribal Secretary shall acknowledge formal acceptance in
the following manner:
(a) A signed receipt shall be given to the sponsor of the resolution.
(b) Receipt of resolution shall be recorded in a special log and shall include the date, time,
subject, and author(s).
(c) A separate file shall be maintained by the Tribal Secretary of all submitted resolutions
that pertain to the GTC meeting(s).
110.4-3. A standardized resolution form shall be available from the Tribal Secretary=s office to to
any tribal member who desires to develop a Resolution for the GTC meeting.
(a) The form shall include a statement of purpose and reason for the resolution.
(b) The form shall include a clear statement of corrective action to be carried out.
110.5. Notice to Membership
110.5-1. All materials developed for a General Tribal Council meeting shall be posted to the Oneida
Nation’s Members’ Only website at least ten (10) calendar days prior to the meeting and no mailing
1 O.C. 110 – Page 2
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of those materials shall be required.
110.6. Process for Introducing Resolutions at GTC Meeting
110.6-1. Introduction of Resolution by author(s).
110.6-2. Discussion.
110.6-3. Chair shall entertain a motion.
(a) Action should address the introduced Resolution.
110.6-4. Vote on the motion.
110.6-5. Results of the vote on all resolutions shall be published in the Kaliwisaks in next scheduled
Kaliwisaks publication.
(a) Resolutions that have been passed by GTC shall be implemented whole heartedly by the
Business Committee or as directed by the GTC.
(1) Written progress reports shall be reported back to the GTC at next meeting.
(2) Failure by the BC to properly implement, or demonstrate progress of GTC
actions may be subject to grounds of suspension and/or removal.
(A) Refer to the Business Committee Removal Ordinance.
End.
Adopted - GTC, motion March 4, 1991
(See also 7/8/00 GTC attachment pg. 101 for 4-14-00 memo – Re: Places of Prominence)
Amended - Special BC Resolution #8-02-00-A.
Emergency Amended – BC-__-__-__-__
1 O.C. 110 – Page 3
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SUNDAY
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TUESDAY
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THURSDAY
FRIDAY
SATURDAY
Jul 31
Aug 1
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9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
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8:30am LOC Prep
(BC_Conf_Roo
m) - Clorissa
N. Santiago
9:00am LOC
Meeting
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m) - LOC
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9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
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9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
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1:30pm Oneida
Personnel
Policies and
Procedures
Amendments
Work Meeting
(Microsoft
Teams
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9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
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9:00am LRO Staff
Meeting
(Legislative
Reference
Office) Clorissa N.
Santiago
LOC
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(Microsoft
Teams
Meeting) Clorissa N.
Santiago
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Sep 1
9:30am LOC
Work Session
(Microsoft
Teams
Meeting) Clorissa N.
Santiago
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7/27/2022 9:41 AM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.