# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Adf12209679ee3df4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 46 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center 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. 2 of 46 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 ~ ONEIDA 3 of 46 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 Page 2 of 2 4 of 46 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO 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. Page 1 of 2 A good mind. A good heart. A strong fire. 5 of 46 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. Page 2 of 2 ~ ONEIDA HANDOUT ONEIDA NATION PUBLIC MEETING NOTICE FRIDAY, SEPTEMBER 2, 2022, 12:15 pm 6 of 46 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. 7 of 46 Analysis to Draft 1 2022 08 03 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 1 2 3 4 5 6 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. Page 1 of 5 8 of 46 Analysis to Draft 1 2022 08 03 7 8 9 B. The adoption of the Law on a permanent basis is now being sought by the Legislative Operating Committee. 10 11 12 13 14 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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]. Page 2 of 5 9 of 46 Analysis to Draft 1 2022 08 03 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 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;  Page 3 of 5 10 of 46 Analysis to Draft 1 2022 08 03 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 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 Page 4 of 5 11 of 46 Analysis to Draft 3 for OBC Consideration 2022 07 13 137 138 statement be completed. Page 5 of 5 12 of 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Draft 1 – PM Draft 2022 08 25 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 13 of 46 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Draft 1 – PM Draft 2022 08 25 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 14 of 46 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Draft 1 – PM Draft 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 15 of 46 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Draft 1 – PM Draft 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 ~ ODDODa= 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 e e ' ,.e • e ' I II • f __tlt~HJJlt I 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 17 of 46 April 2022 – June 2022 • 18 of 46 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 Page 3 of 9 19 of 46 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 21 of 46 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 22 of 46 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 23 of 46 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 25 of 46 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 _. ~~ Cc ~ D,v;d P. Jo,dan; G K;,by W. Meto,en; Ethd M. S,mmc,s; Jcnorr« A. Wcbstcc, Rhiannon R. M eto,,:en; 0 Kristal E. Hilt O Cloris~ N. Santiago D, n;clP. G,,m,n eply <~ ReplyAII ➔ Forward JD Mon 7/25/2022 10:11 AM Q)v ote by cliddng Vote in the Resp,rnd group above. T his message was sent w ith High importance. ~ Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy Pad:et.pdf v l_hl 822 KB 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. ~ fflJDDDO 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 27 of 46 RE: E-POLL REQUEST: Emergency Amendments to the Oneida General Tribal Council Ten Day Not ice Policy ~ Reply Ethel M. Summers To Cc <(:) 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 28 of 46 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 30 of 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 31 of 46 BC Resolution _____________ Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 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. 32 of 46 ~ 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. 33 of 46 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 A good mind. A good heart. A strong fire. ~ ONEIDA 34 of 46 Analysis to Emergency Draft 1 2022 07 27 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 1 2 3 4 5 6 7 8 9 10 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. 11 12 13 14 15 16 17 18 19 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 35 of 46 Analysis to Emergency Draft 1 2022 07 27 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 SECTION 5. CONTENTS OF THE LEGISLATION 62 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 36 of 46 Analysis to Emergency Draft 1 2022 07 27 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 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. 100 101 102 103 104 105 106 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 37 of 46 Analysis to Emergency Draft 1 2022 07 27 107 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 108  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 109 emergency legislation [1 O.C. 109.6-1]. 110 Page 4 of 4 38 of 46 Draft 1 for OBC Emergency Consideration (Redline to Current) 2022 07 27 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 110.4. 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 39 of 46 Draft 1 for OBC Emergency Consideration (Redline to Current) 2022 07 27 40 41 42 43 44 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 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. 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 40 of 46 Draft 1 for OBC Emergency Consideration (Redline to Current) 2022 07 27 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 41 of 46 Draft 1 for OBC Emergency Consideration (Redline to Current) 2022 07 27 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 42 of 46 Draft 1 for OBC Emergency Consideration (Redline to Current) 2022 07 27 Page 101 of 281 1 O.C. 110 – Page 5 43 of 46 Draft 1 for OBC Emergency Consideration 2022 07 27 Title 1. Government and Finances – Chapter 110 ONEIDA GENERAL TRIBAL COUNCIL TEN DAY NOTICE POLICY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 110.1. 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 44 of 46 Draft 1 for OBC Emergency Consideration 2022 07 27 40 41 42 43 44 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 45 of 46 Draft 1 for OBC Emergency Consideration 2022 07 27 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 46 of 46 August 2022 August 2022 September 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 31 Aug 1 2 3 4 5 6 9:00am LRO Staff Meeting (Legislative Reference Office) Clorissa N. Santiago 7 8 8:30am LOC Prep (BC_Conf_Roo m) - Clorissa N. Santiago 9:00am LOC Meeting (BC_Conf_Roo m) - LOC 9 10 11 12 13 16 17 18 19 20 9:00am LRO Staff Meeting (Legislative Reference Office) Clorissa N. Santiago 14 15 9:00am LRO Staff Meeting (Legislative Reference Office) Clorissa N. Santiago 21 22 1:30pm Oneida Personnel Policies and Procedures Amendments Work Meeting (Microsoft Teams 23 24 25 9:00am LRO Staff Meeting (Legislative Reference Office) Clorissa N. Santiago 28 29 9:00am LRO Staff Meeting (Legislative Reference Office) Clorissa N. Santiago LOC 26 27 2 3 9:30am LOC Work Session (Microsoft Teams Meeting) Clorissa N. Santiago 30 31 Sep 1 9:30am LOC Work Session (Microsoft Teams Meeting) Clorissa N. Santiago 1 7/27/2022 9:41 AM --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Adf12209679ee3df4. Public record. Not legal advice.