Oneida Business Committee (2026)

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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

June 17, 2026

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. June 3, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Vendor Licensing Law Amendments (pg. 4)

2. Code of Ethics Amendments (pg. 27)

3. Elder Protection Law (pg. 44)

IV.

New Submissions

1. Whistleblower Protection Law Amendments (pg. 80)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

June 03, 2026

9:00 a.m.

Present: Jennifer Webster, Jonas Hill, Kirby Metoxen

Excused: Kirby Metoxen

Unexcused: Marlon Skenandore

Others Present: Clorissa Leeman, Grace Elliott, Carolyn Salutz, Martin Prevost, Elvis Watkin,

Jesse Kujawa.

Others Present on Microsoft Teams: Isaiah Skenandore, Terri Schiltz, Sarah Miller, Rae Skenandore, Rhiannon Metoxen, Kristal Hill, Tavia James-Charles, Fawn Cottrell, Melissa Alvarado, Sarah White, Fawn Billie, David Jordan, Justin Nishimoto, Janice Decorah, Eric Boulanger, Katsitsiyo

Danforth, Shannon Stone, Efren Rivera.

Call to Order and Approval of the Agenda

Kirby Metoxen called the June 03, 2026, Legislative Operating Committee meeting to order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. May 20, 2026 LOC Meeting Minutes

Motion by Jonas Hill to approve the May 20, 2026, LOC meeting minutes and forward to

the Oneida Business Committee; seconded by Jennifer Webster. Motion carried unanimously.

III.

Current Business

1. Pardon and Forgiveness Law Amendments. Motion by Jonas Hill to approve the public comment review memorandum, updated legislative analysis, and final draft of the proposed amendments to the Pardon and Forgiveness law, seconded by Jennifer Webster; motion carried unanimously.

Motion by Jonas Hill to approve the fiscal impact statement request memorandum and

direct the Finance Department to provide the LOC with a fiscal impact statement of the

proposed Pardon and Forgiveness law by June 25, 2026, seconded by Jennifer Webster;

motion carried unanimously.

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ONEIDA

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IV.

New Submissions

1. Petition: G. Powless-Buenrostro – Amend the Judiciary Law #2026-01 Motion by

Jennifer Webster to Add the Petition: G. Powless-Buenrostro, Amend the Judiciary Law

#2026-01 to the Active Files List with Jameson Wilson as the sponsor, seconded by Jonas

hill; motion carried unanimously.

Additions

VI.

Administrative Updates

1. Certification of the Technology Resources Law Rules. Motion by Jennifer Webster

to Deny the certification of Technology Resources Law Rule No. 1, No. 2, No. 3, No.

4, No. 8, No. 9., seconded by Jonas Hill; motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 09:17 a.m.; seconded by Jonas Hill. Motion carried unanimously.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDOO

ONEIDA

Legislative Operating Committee

June 17, 2026

Vendor Licensing Law Amendments

Submission Date: 6/19/24

LOC Sponsor: Jonas Hill

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on June 19, 2024, at the request of Ralinda NinhamLamberies, the Chief Financial Officer. Amendments are being sought to update the law, specifically

sections 506.1-1. 506.6, and 506.8.

6/19/24 LOC: Motion by Kirby Metoxen to add the Vendor Licensing Law Amendments to the Active

Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

10/23/24:

Work Meeting. Present: Tonya Webster, Ralinda Ninham-Lamberies, Sarah White, Jason

Doxtator, Beth Schirck Smith, Lisa Moore, Linda Dallas, Jameson Wilson, Marlon

Skenandore, Jennifer Webster, Maureen Perkins, Kristal Hill, Clorissa Leeman, Carolyn

Salutz. The purpose of this work meeting was to begin reviewing the law – we started the

meeting by reading the law line-by-line. Suggestions were discussed on just about every

section of the law; suggestions included: updating purpose to remove ‘revenue’, currently,

not all vendors are licensed, there was a lot of discussion on the license fee (get rid of it,

increase it, tier it), revocation for noncompliance with insurance (perhaps they should be

given an opportunity to cure), timeline for processing licenses should be increased from

10 to 20 days, should get rid of ‘public inspection’, should there be rulemaking, how often

should vendor renew license.

3/3/25:

Work Meeting. Present: Tonya Webster, Ralinda Ninham-Lamberies, Sarah White, Beth

Schirck Smith, Linda Dallas, Kong Meng Moua, Olivia Danforth, Jameson Wilson, Jonas

Hill, Kirby Metoxen, Kristal Hill. The purpose of this meeting was to review the newest

suggested amendments. We did a read through and then focused on specific questions. A

lot of the discussion was about insurance coverage, how it’s monitored, who’s responsible

for it, what happens when a vendor loses insurance, does loss of insurance mean the vendor

license can be revoked.

7/14/25:

Work Meeting. Present: Tonya Webster, Ralinda Ninham-Lamberies, Sarah White, Beth

Schirck Smith, Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster, Kirby

Metoxen, Carolyn Salutz, Fawn Cottrell, Fawn Billie, Kristal Hill. The purpose of this

work meeting was to review the newest amendments.

7/22/25:

Work Meeting. Present: Shane Hill, Jason Doxtator, Carolyn Salutz. The purpose of this

work meeting was for DTS to share suggested definitions and ensure the law accurately

reflects what DTS does do, and needs to do, for vendor licensing.

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8/19/25:

Work Meeting. Present: Tonya Webster, Ralinda Ninham-Lamberies, Sarah White, Beth

Schirck Smith, Olivia Danforth, Jason Doxtator, Shane Hill, Jameson Wilson, Jonas Hill,

Marlon Skenandore, Kristal Hill, Fawn Billie, Fawn Cottrell, Rhiannon Metoxen, Carolyn

Salutz. The purpose of this work meeting was to review the newest amendments.

9/2/25:

Work Meeting. Present: Olivia Danforth, Tonya Webster, Krystal John, Sarah White,

Carolyn Salutz. The purpose of this work meeting was for Licensing and the law office to

review how they want to handle probation/revocation/disbarment.

10/6/25:

Work Meeting. Present: Tonya Webster, Olivia Danforth, Sarah White, Beth Schirck

Smith, Ralinda Ninham-Lamberies, Jason Doxtator, Shane Hill, Jameson Wilson, Jonas

Hill, Jennifer Webster, Fawn Cottrell, Kristal Hill. The purpose of this meeting was for the

group to review the newest amendments. The group reviewed new definitions and the

newest changes to the application, renewal, and maintenance sections, with the changes

made since meeting with Licensing and the law office on 9/2.

1/22/26:

Work Meeting. Present: Kirby Metoxen, Beth Schirck-Smith, Heidi Janowski, Jason

Doxtator, Sarah White, Grace Elliott, Olivia Danforth, Stephanie Metoxen, Jameson

Wilson, Fawn Cottrell, Fawn Billie, Ralinda Ninham-Lamberies. The purpose of this work

meeting was for the group to review the newest amendments. The group discussed

exemptions and deferments, rulemaking authority that could be given to the Licensing

Department regarding exemptions and deferments, approval or denial of licenses, pardon

and forgiveness. The group also discussed if we could amend Revocation to include one

step up (to probation) if the vendor is complying with Licensing. The group also discussed

pardon and forgiveness regarding a debarred vendor’s ability to reapply for a vendor

license and do business with the Nation as a vendor. The timeframe of ten years was

discussed: it is just a suggestion. No decision was made.

3/16/16:

Work Meeting. Present: Sarah White, Tonya Webster, Ralinda Ninham-Lamberies, Krystal

John. The purpose of this work meeting was to review the newest amendments. The work

group spent the most time discussing the section on deactivation, probation, revocation,

debarment and how to better distinguish each.

Work Meeting. Present: Sarah White, Tonya Webster, Krystal John, Heidi Janowski, Isaiah

Skenandore, Olivia Danforth, Beth Schirck-Smith, Fawn Billie. The purpose of this work

meeting was to review licensing’s procedures; specifically, two sections of the

amendments to make sure they’re on track. Group spent the most time discussing how the

Nation can communicate vendor statuses and probation/revocation. Perhaps a vendor

should be permanently revoked and we shouldn’t have a separate category of debarment.

The Nation probably wants some parameters in the law as to what will constitute reasons

for permanent revocation.

3/30/26:

4/14/26:

Work Meeting. Present: Tonya Webster, Krystal John, Heidi Janowski, Olivia Danforth,

Beth Schirck-Smith, Leyne Orosco, Fawn Cottrell, Carolyn Salutz. The purpose of this

work meeting was to review three sections, the definitions, new application procedures,

and deactivation, or revocation. The group decided on a new definition, all new vendors

do complete a technology screening from DTS, and language needs to be edited regarding

potential revocation. Krystal offered to help with new language. Before meeting with the

LOC, Krystal will provide suggested language.

6/2/26:

Work Meeting. Present: Tonya Webster, Krystal John, Heidi Janowski, Olivia Danforth,

Beth Schirck-Smith, Leyne Orosco, Kristal Hill, Carolyn Salutz. The purpose of this work

meeting was to review the newest draft, which included suggestions and comments from

Krystal. The group is satisfied with the amendments. There are a few minor changes to

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make (formatting, definitions) otherwise draft is approved by the work group. After the

last, minor changes are made, the amendments will be ready for LOC approval.

6/3/26:

Work session. Present: Jonas Hill, Jennifer Webster, Kirby Metoxen, Clorissa Leeman,

Grace Elliott, Carolyn Salutz. The purpose of this work session was for the LOC to read

through the draft approved by the work group yesterday and approve. The group did a read

through and approved the amendments.

Next Steps:

▪ Accept the draft, Legislative Analysis, and public meeting packet. Direct a public meeting to be

noticed and scheduled to be held on August 13, 2026, with a public comment period open until

August 20, 2026.

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ONEIDA NATION PUBLIC MEETING NOTICE

August 13, 2026, 12:15 pm

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

VENDOR LICENSING LAW AMENDMENTS

The purpose of the Vendor Licensing law is to regulate and license vendors who provide goods or services

for, and do business with, the Nation and ensure the Nation’s safety, regulate compliance, minimize risk, and

protect the Nation’s assets.

The Vendor Licensing law amendments will:



Clarify it is the purpose of the law to regulate and license vendors who provide goods or services to the Nation and ensure

the Nation’s safety, regulate compliance, minimize risk, and protect the Nation’s assets; it is no longer the purpose of this

law to provide revenue for the Nation by collecting fees from vendors. [5 O.C. 506.1-1].



Clarify it is the policy of the Nation to establish a fair system for implementing and enforcing the requirements to maintain

a vendor license. [5 O.C. 506.1-2].



Clarify in the definitions the following terms: “business entity,” “certificate of insurance,” “CSRA,” “deactivate,” “DTS,”

“financial information,” “goods,” “great harm,” “licensing,” “notice,” “service,” and “technology assessment.” [5 O.C.

506.3-1(b); (c); (d); (e); (f); (g); (h); (i); (l); (n); (p); (q)].



Clarify that any record request related to vendor licensing is subject to applicable laws and rules of the Nation. [5 O.C.

506.4-2].



Clarify that in addition to services or goods provided by another federally recognized tribe or by another government, other

vendors, as identified by Licensing through standard operating procedures and published on the Nation’s website, may be

exempt from licensure [5 O.C. 506.4-3].



Clarify the requirements to complete an application for a vendor license. [5 O.C. 506.5-1].



Clarify the requirement for all applicants to submit and complete a technology risk assessment and any follow-ups or additional assessments as determined by the Nation’s Digital Technology Services Department. [5 O.C. 5-6.5-2].



Clarify that before a vendor performs any work the vendor must demonstrate appropriate

and adequate insurance coverage. [5 O.C. 506.5-4].



Clarify the Nation’s Risk Management Department is responsible for determining what constitutes appropriate and adequate insurance coverage for varying types of goods and services and making those requirements available on the Nation’s website. [5 O.C. 506.5-4(a)].



Clarify the annual and triennial requirements to maintain a vendor license. [5 O.C. 506.6].



Various grammatical changes and other minor changes throughout the law.

Individuals may attend the public meeting for the proposed Solid Waste Disposal law amendments 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 DATE

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.

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Analysis to Draft 1

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VENDOR LICENSING

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation or

Amendments

▪

Purpose

Clarify it is the purpose of the law to regulate vendors who provide goods or

services to the Nation and ensure the Nation’s safety, regulate compliance,

minimize risk, and protect the Nation’s assets; it is no longer the purpose of

this law to provide revenue for the Nation by collecting fees from vendors. [5

O.C. 506.1-1].

Clarify it is the policy of the Nation to establish a fair system for

implementing and enforcing the requirements for maintain a vendor license.

[5 O.C. 506.1-2].

Clarify in the definitions the following terms: “business entity,” “certificate of

insurance,” “CSRA,” “deactivate,” “DTS,” “financial information,” “goods,”

“great harm,” “licensing,” “notice,” “service,” and “technology assessment.”

[5 O.C. 506.3-1(b); (c); (d);(e); (f); (g); (h); (i); (l); (n); (p); (q)].

Clarify that any record request related to vendor licensing is subject to

applicable laws and rules of the Nation. [5 O.C. 506.4-2].

Clarify that in addition to services or goods provided by another federally

recognized tribe or by another government, other vendors as identified by

Licensing through standard operating procedures and published on the

Nation’s website may be exempt from licensure [5 O.C. 506.4-3].

Clarify the requirements to complete an application. [5 O.C. 506.5-1].

Clarify the requirement for all applicants to submit and complete screening

questions and any follow-ups or additional assessments as determined by the

Nation’s Digital Technology Services Department. [5 O.C. 5-6.5-2].

Clarify that before a vendor performs any work the vendor must demonstrate

appropriate and adequate insurance coverage. [5 O.C. 506.5-4].

Clarify the Nation’s Risk Management Department is responsible for

determining what constitutes appropriate and adequate insurance coverage for

varying types of goods and services and making those requirements available

on the Nation’s website. [5 O.C. 506.5-4(a)].

Clarify the annual and triennial requirements to maintain a vendor license. [5

O.C. 506.6].

Clarify what it means to have a vendor license be deactivated or revoked. [5

O.C. 506.7].

Various grammatical changes and other minor changes throughout the law.

The purpose of this law is to regulate and license all vendors who provide goods or

services for and do business with the Oneida Nation and ensure the Nation’s safety,

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Analysis to Draft 1

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regulate compliance, minimize risk, and protect the Nation’s assets. [5 O.C. 506.11].

Affected Entities

The Oneida Nation Licensing Department (“Licensing”), the Oneida Nation

Finance Administration (“Finance”), the Oneida Nation Purchasing Department

(“Purchasing”), the Oneida Nation Law Office, the Oneida Nation Digital

Technology Services Department (“DTS”), the Oneida Nation Risk Management

Department (“Risk Management”), and any present or future vendor.

Enforcement

The Vendor Licensing law clarifies the authority of Licensing to administer

certain provisions of the law. [5 O.C. 506.4]; [5 O.C. 506.5-5]; [5 O.C. 506.6];

[5 O.C. 506.7]. This includes the authority to:

•

identify vendors who are exempt from licensing requirements [5 O.C.

506.4-3];

promulgate rules to establish additional criteria for the approval and

maintenance of a vendor license [5 O.C 506.4-4];

notify all applicants of the requirements of this law [5 O.C 506.5-1];

approve or deny applications based on the requirements and criteria of

this law [5 O.C 506.5-3];

notify applicants of the approval or denial of their application for a vendor

license [5 O.C. 506.6-5];

maintain a record of licenses issued [5 O.C. 506.5-5]; and

deactivate or revoke a vendor license. [5 O.C 506.7].

The Vendor Licensing law clarifies the authority of DTS to screen all vendors

using a technology assessment and to require the vendor complete an additional

technology assessment, CSRA or both if it determines additional screening is

necessary. [5 O.C 506.5-2].

The Vendor Licensing law clarifies the authority of Risk Management to

determine what constitutes appropriate and adequate insurance coverage and to

make those requirements available on the Nation’s website. [5 O.C 506.4].

Due Process

Licensing may promulgate rules establishing additional criteria for the approval and

maintenance of a vendor license. [5 O.C. 506.4-4]. Any rule Licensing wishes to

adopt must follow the rule making requirements of the Nation’s Administrative

Rulemaking law which requires a public meeting and opportunity for public input.

[1 O.C. 106.6].

Risk Management shall publish on the Nation’s website appropriate and adequate

insurance requirements. [5 O.C. 506.5-4(a)].

Licensing shall notify an applicant of the approval or denial of their application

within twenty (20) business days. [5 O.C. 506.6-5].

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Analysis to Draft 1

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If Licensing decides to revoke a vendor, it must send notice to the vendor containing

the effective date and duration of revocation and the reason(s) for revocation. [5

O.C. 506.7-2(c)].

“Notice” means a communication from the Licensing Department to a vendor. [5

O.C. 506.3-1(n)]. To communicate the renewal and maintenance of a vendor

license, the Licensing Department will send notice by email or regular mail; to

communicate the loss of licensure, the Licensing Department will send notice by

certified mail. [Id].

The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken

by Licensing pursuant to this law. [5 O.C 506.8-1].

Public Meeting

A public meeting will be scheduled to be held on August 13, 2026.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Vendor Licensing law was originally adopted by the Oneida Business Committee on

February 19, 1992, through resolution BC-2-19-92-C. The law was subsequently amended by the

Oneida Business Committee on March 5, 1997, through resolution BC-3-5-97-E, on February 25, 2015,

through resolution BC-02-25-2015-C, and on October 10, 2016, through resolution BC-10-12-16-E.

The Vendor Licensing law provides guidelines for the regulation and licensing of vendors who do

business with the Nation. [5 O.C. 506.1].

B. Request for Amendments. This item was added to the Active Files List on June 19, 2024, at the request

of Ralinda Ninham-Lamberies, the Chief Financial Officer. Amendments are being sought to update

the law, specifically sections 506.1-1. 506.6, and 506.8. The sponsor of the Vendor Licensing law

amendments is Councilman Jonas Hill.

SECTION 3. CONSULTATION AND OUTREACH

▪

•

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

amendments to this Law and legislative analysis:

▪ Oneida Nation Licensing Department (“Licensing”);

▪ Oneida Nation Purchasing Department (“Purchasing”);

▪ Oneida Nation Finance Administration (“Finance”);

▪ Oneida Nation Digital Technology Services Department (“DTS”);

▪ Oneida Nation Risk Management Department (“Risk Management”) and

▪ Oneida Law Office.

The following laws and policies of the Nation were reviewed in the drafting of this analysis:

▪ Independent Contractors [5 O.C 503];

▪ Indian Preference in Contracting [5 O.C. 502]; and

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Analysis to Draft 1

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SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On June 19, 2024, the Legislative Operating Committee added this Law to its Active Files List

for amendments this legislative term.

▪ On June 17, 2026, the Legislative Operating Committee approved the draft of the Vendor

Licensing Law Amendments and directed the Legislative Reference Office to complete a

Legislative Analysis and public meeting packet.

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

regarding the development of the amendments to this law:

▪ October 23, 2024: LOC work meeting with Purchasing, Licensing, Finance, DTS, and Risk

Management.

▪ March 3, 2025: LOC work meeting with Purchasing, Finance, Licensing, and Risk

Management.

▪ July 14, 2025: LOC work meeting with Purchasing, Finance, and Licensing.

▪ July 22, 2025: work meeting with DTS.

▪ August 19, 2025: LOC work meeting with Purchasing, Licensing, Finance, and DTS.

▪ September 2, 2025: LOC work meeting with Purchasing, Licensing, and the Oneida Law

Office.

▪ October 6, 2025: LOC work meeting with Purchasing, Licensing, Finance, and DTS.

▪ January 22, 2026: LOC work meeting with Purchasing, Licensing, DTS, and Finance.

▪ March 16, 2026: LOC work meeting with Purchasing, Licensing, Finance, Oneida Law Office.

▪ March 30, 2026: LOC work meeting with Purchasing, Licensing, Oneida Law Office, and

Risk Management.

▪ April 14, 2026: work meeting with Licensing, Purchasing, and Risk Management.

▪ June 2, 2026: work meeting with Finance, Risk Management, Purchasing, Licensing, and the

Oneida Law Office where the final draft was approved.

▪ June 3, 2026: LOC work session where the LOC discussed and approved the draft.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Scope of the Law. The proposed amendments improve the ability of the Nation to regulate, monitor,

and enforce its relationship with vendors providing goods or services to the Nation. [5 O.C 506.1; 5

O.C. 506.4].

▪ Effect. The proposed amendments clarify the duties and responsibilities of the Nation regarding

its relationship with vendors and further clarify the responsibilities of vendors providing goods

or services to the Nation, making the vendor licensing procedures and requirements more

accessible and transparent.

B. Application Procedures. The proposed amendments clarify the requirements for all applications for a

vendor license which shall include: the application, certificate of insurance, completed DTS screening

for technology risk assessment, vendor payment authorization form, and W-9. [5 O.C. 506.5-1].

▪ Effect. The proposed amendments clarify the application requirements for all applicants

applying for a vendor license with the Nation; this amendment makes the vendor licensing

requirements more accessible and transparent.

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C. DTS Security Review. The proposed amendments clarify the requirement for all applicants for a

vendor license to complete a DTS security review, and complete additional assessments if DTS

determines additional assessments are necessary and unless the requirement for additional

assessments is waived. [5 O.C. 506.5-2; 506.5-2(a)].

▪ Effect. The proposed amendments strengthen the Nation’s ability to monitor and protect its

assets by ensuring DTS has the authority to verify the technological safety and security of any

vendor before the Nation’s begins working with that vendor. The proposed amendments also

allow DTS to continue to monitor and protect the Nation’s assets by allowing DTS to complete

a security review and any follow-up as determined necessary as part of the initial application

process and renewal. By allowing the Nation to waive any additional assessments, the

amendments further reinforce the Nation’s ability to monitor and protect its assets.

D. Licensing. The proposed amendments clarify the Licensing Department shall approve or deny an

application based on compliance with the law. [5 O.C. 505.5-3].

▪ Effect. The proposed amendments strengthen the authority of the Nation’s Licensing

Department to approve or deny any vendor applying to do business with the Nation. The

proposed amendments clarify that the Licensing Department is the department of the Nation

with the authority to approve or deny a vendor license. Even though the proposed amendments

give the ultimate authority to the Licensing Department to approve or deny a vendor license,

the proposed amendments also require input from Risk Management, DTS, and Finance which

ensures all affected departments of the Nation have the authority to review, approve, or deny a

vendor, and ultimately to protect the Nation and its assets.

E. Insurance. The proposed amendments clarify that before a vendor performs any work, the vendor must

demonstrate proof of appropriate and adequate insurance coverage. [5 O.C. 506.5-4]. The proposed

amendments further clarify the Nation’s Risk Management Department shall determine what

constitutes appropriate and adequate insurance coverage and shall make their determinations available

on the Nation’s website. [5 O.C. 506.5-4(a)].

▪ Effect. The proposed amendments ensure the Nation’s ability to protect itself and its assets by

requiring all potential vendors to demonstrate proof of appropriate and adequate insurance and

requiring the Nation’s Risk Management Department to determine what appropriate and

adequate insurance coverage will mean for potential vendors.

F. Deactivation or Revocation. The proposed amendments clarify what it will mean for a vendor license

to be deactivated. [5 O.C 506.7-1]. The proposed amendments further clarify what it will mean for a

vendor license to be revoked; including revocation for insufficient insurance and revocation for cause.

[5 O.C. 506.7-2].

▪ Effect. The proposed amendments clarify the Nation’s ability to discontinue working with a

vendor if a vendor fails to comply with the law and does not maintain their vendor license; in

which case, the Nation may deactivate the vendor license. The proposed amendments also

clarify the Nation’s ability to revoke a vendor license if the vendor fails to maintain appropriate

and adequate insurance coverage or for cause. The proposed amendments clarify and

strengthen the Nation’s ability to monitor and enforce all vendors with whom it chooses to do

business.

G. Other amendments. Overall, a variety of other amendments and revisions were made to the law to

address formatting, drafting style, and organization that did not affect the substance of the law.

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Analysis to Draft 1

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A. Related legislation. The following laws and policy of the Nation are related to the proposed

amendments to this law:

▪ Independent Contractors Policy. The purpose of the Independent Contractors Policy is to

ensure proper classification of employees and independent contractors for federal labor and

tax law purposes; ensure the use of contract forms approved by the Oneida Law Office and

the Oneida Purchasing Department; ensure contracting with a current employee does not

create a conflict of interest or unintended tax consequences; and ensure independent

contractors have appropriate insurance coverages. [5 O.C. 503.1-1].

▪ The Independent Contractors Policy contains approval requirements, including

the requirement to obtain a vendor license subject to any requirements of the

Nation’s Vendor Licensing Law, unless the vendor is exempted. [5 O.C. 503.63].

▪ The Independent Contractors Policy also requires independent contractors to

work with the Oneida Law Office and the Oneida Purchasing Department to

execute a contract; work with the Purchasing Department to approve a purchase

order; work with the Risk Management Department to demonstrate appropriate

and adequate insurance coverage; and demonstrate appropriate tax identification

before the independent contractor begins work. [5 O.C. 503.6].

▪ The proposed amendments align with the Independent Contractors Policy by

strengthening the Nation’s ability to monitor and enforce its relationship with

independent contractors that are also subject to the requirements of the Nation’s

vendor licensing law.

▪ Indian Preference in Contracting Law. The purpose of the Indian Preference in Contracting

law is to establish an Indian Preference Office and increase economic benefits for the Nation

and members of the Nation by providing for the maximum utilization of Indian workers and

businesses on projects of the Nation which occur on or near the Reservation. [5 O.C. 502.11].

▪ The Indian Preference in Contracting law applies to all contracts to which the

Nation is a party, all subcontractors, or other entities working with, for, or on

behalf of a party to a contract. [5 O.C. 502.6-1].

▪ In order for an entity to qualify for Indian Preference, the entity must submit an

application to the Nation’s Indian Preference office and demonstrate it meets the

criteria of the Indian Preference law in order to be eligible for Indian preference in

contracting. [5 O.C. 502.5-2].

▪ The proposed amendments align with the Indian Preference in Contracting law by

strengthening the Nation’s ability to determine, monitor, and enforce the

requirements for any entity wishing to contract with the Nation.

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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

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A. The Vendor Licensing law amendments require all applicants for a vendor license to submit a complete

application containing the application, a certificate of insurance demonstrating the vendor meets the

minimum insurance requirements, a complete DTS screening for technology risk assessment, and any

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follow-up as determined necessary, a vendor payment authorization form, and a W-9. [5 O.C. 506.5; 5

O.C. 506.5-2]. The Vendor Licensing law also requires vendors to provide Licensing with an updated

certificate of insurance and completed cyber security risk assessment on an annual basis and on a

triennial basis to complete a full update of their information by providing an updated application with

all required forms. [5 O.C. 506.6].

B. The Vendor Licensing law amendments authorize the Licensing Department to deactivate or revoke a

vendor license. [5 O.C. 506.7].

▪ If a vendor falls out of compliance with the requirements of this law to maintain their vendor

license, the vendor’s license may be deactivated by Licensing. [5 O.C 506.7-1].

▪ Prior to potential deactivation, Licensing shall provide notice to a vendor of the requirements

to comply with this law to maintain their vendor license. [Id].

▪ If the vendor does not satisfactorily complete the requirements to maintain their vendor license

within the allowable timeframe, Licensing shall deactivate the vendor’s license. [Id].

▪ Revocation is a cancellation of a vendor license for cause. [5 O.C 506.7-2]. Revocation is

subject to Licensing’s discretion except that revocation is required for a failure to meet the

Nation’s insurance requirements. [Id]. A vendor that has been revoked may not conduct

business with the Nation. [Id].

▪ In order to maintain a vendor license, a vendor must maintain appropriate and adequate

insurance coverage, as determined by the Nation’s Risk Management Department. [5 O.C

506.7-2(a)]. If or when Risk Management learns that a vendor does not meet the Nation’s

insurance requirements, Risk Management shall provide the vendor with a minimum of ten

(10) business days to supply a satisfactory certificate of insurance. [Id].

▪ A vendor license may be revoked for cause as determined by Licensing upon the occurrence

of any of the following:

▪ A vendor’s actions, whether directly or indirectly related to the vendor’s agreement with

the Nation, present public health, safety, or welfare concerns to the Nation or its members.

[5 O.C 506.7-2(b)(1)].

▪ A vendor’s actions or inactions implicate poor quality of work or performance, or a lack of

sound business practice as determined by Licensing in consultation with the Oneida Law

Office and the Nation’s business unit receiving goods or services from the vendor. [5 O.C

506.7-2(b)(2)].

C. The Vendor Licensing law amendments give authority to the Nation’s Licensing Department to

promulgate rules establishing additional criteria for the approval and maintenance of a vendor license,

notify all applicants of the requirements of this law, approve or deny applications and notify applicants

of their approval or denial, maintain records of the applications for vendor licenses, maintain a record

of the statuses of vendor licenses, notify vendors if their vendor license has been deactivated, notify

vendors if there vendor license has been revoked. [5 O.C. 506.4-4; 506.5-1; 506.5-3; 506.5-5; 506.7].

D. The Vendor Licensing law amendments clarify the responsibility of all applicants for a vendor license

to complete a DTS security review. [5 O.C. 506.5-2]. A vendor may be required to complete an

additional technology assessment or cyber security risk assessment or both, if determined necessary by

DTS. [Id]. The requirement to complete an additional technology assessment or Cyber Security risk

assessment or both may be waived by DTS, Risk Management, and the Nation’s Chief Financial

Officer. [5 O.C. 506.5-2(a)].

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C. The Vendor Licensing law amendments require the Nation’s Risk Management Department to verify

appropriate and adequate insurance coverage of a vendor before the vendor begins work. [5 O.C. 506.54].

▪ The law requires Risk Management to determine what constitutes appropriate and adequate

insurance coverage for varying types of goods and services. [5 O.C. 506.5-4(a)].

▪ The law requires Risk Management to make available on the Nation’s website the minimum

insurance requirements and to identify the types of goods or services would require escalated

insurance coverage, wherein appropriate and adequate insurance will be determined by Risk

Management on a case-by-case basis. [5 O.C. 506.5-4].

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SECTION 8. OTHER CONSIDERATIONS

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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]. Oneida Business Committee resolution BC-10-28-20-A

titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides

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

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

statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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Title 5. Business - Chapter 506

VENDOR LICENSING

Lonatkehlu·n$ kanakt%tha>

they are permitted to sell to one

506.1. Purpose and Policy.

506.2. Adoption, Amendment Repeal.

506.3. Definitions

506.4. Scope

506.5. Application Procedures Application/Renewal Procedures

506.6. Fees for Licensure

- Maintaining

506.76.

a Vendor_

License Revocation

of Vendor’s

License

506.78. Deactivation or Revocation of a Vendor License

Exemptions and Deferments

506.89.

- Appeal

-Department Decisions

_____________________________________________________________________________________

506.1. Purpose and Policy.

506.1-1. Purpose. The purpose of this law is to:

(a) regulate and license all vendors who provide a goods or services for and do business with the

Oneida Nation, and

(b) provide revenue for the Nation by collecting fees from vendors for a license to perform a

service for or do business with the Nation.

(b) ensure the Nation’s safety, regulate compliance, minimize risk, and protect the Nation’s

assets.

506.1-2. Policy. It is the policy of the Oneida Nation to establish a fair system to for implementing,

administering, and enforcinge

the issuance

of vendor’s

requirements

ftoor maintaining a

--licensesthe

-- ---==-----~

vendor license, provided that, and collection of fees.

(a) It is the policy of the Nation to utilize Native American businesses to complete work that the Nation is

unable to complete through use of its own employees. Aall programs, enterprises, and government

agenciestribal entities are encouraged to seek within their own employees those with expertise to meet

the Nation’s needs.

506.2. Adoption, Amendment Repeal.

506.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-19-92-C and

amended by resolutions BC-3-5-97-E, BC-02-25-15-C and BC-10-12-16-E.

506.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to the

procedures set out in the Legislative Procedures Act.

506.2-3. 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.

506.2-4. 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.

506.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

506.3. Definitions

506.3-1. 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) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays

recognized by the Nation.

(b) “Business entity” means that which exists as a particular and discrete unit, which may

include, but is not limited to,; any person, independent contractor, sole proprietorship,

5 O.C. 506 – page 1

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partnership, corporation, joint venture, franchise, governmental enterprise, or any other natural

or artificial person or organization. The term “entity” is intended to be as broad and

encompassing as possible to ensure this law covers all contracted goods or services within the

jurisdiction of the Nation.is law.

the existence of an insurance policy and summarizes key aspects and conditions of the policy.

(d) “CSRA” means the Cyber Security Risk Assessment done by the Nation’s Digital Technology

Services department to assess potential cyber threats and vulnerabilities. The goal of the Digital

CSRA is to identify and prioritize risks and to develop strategies to reduce the likelihood and

impact of a cyberattack. “Department” means the Oneida Licensing Department.

e(ef) “Deactivate” means to turn off the vendor in the Licensing system that is not for causefor

lack of current of vendor information.

(ff) “DTS” means the Nation’s Digital Technology Services department.

(gh) “Financial information” means any information related to the financial activities and

performance of a business. For the purposes of this law, “financial information” may refer to

income and tax reporting documents or direct deposit and banking information.

(higf) “Goods” means quantifiable products and, tangible or intangible, products that must be

provided completion of a projectpursuant to an Agreement with the Nation.

(ijhg) “Great harm” means the conviction of, or a civil judgement for, thecredible evidence exists

that substantiates commission of any of the following actions: fraud, any violation of Federal or

State antitrust statutes, embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements, tax evasion, receiving stolen property, obstruction of justice,

or any other action so serious that it affects the vendor’s ability to satisfy its responsibilities to

the Nation.

(jkih) “Judiciary” means the judicial system that was established by Oneida General Tribal

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

the Nation.

(e) “License fee” means that fee charged for a vendor’s license issued in accordance with this

law.

(kli) “Licensing” means the Licensing Department of the Oneida Nation.

(lmkjf) “Nation” means the Oneida Nation.

(mnlkg) “Non-renewal” means thea vendor has chosen not did notto renew their vendor license

and is no longer doing business with the Nation as a vendorwithout consideration, cause, or

imposition of any penalty.

(noml) “Notice” means communication from the Licensing Department to a vendor. To

communicate the renewal and maintenance of a vendor license, the Licensing Department will

send notice by email or regular mail; to communicate the loss of licensure, the Licensing

Department will send notice by certified mail.

(op) “Rule” means a set of requirements enacted in accordance with the Nation’s Administrative

Rulemaking Law.

(pqnmh) “Service” means an action performed by a vendor pursuant to an agreement with the

Nation where the service subject to the agreement must be described sufficiently as to set the

expectations for all parties; it must be adequately described as to the action that will be taken

and the final result of those actions.

(qron) “Technology assessment” means the process where the Nation evaluates the technical

capabilities and infrastructure of a potential or existing vendor to ensure they can meet the

Nation’s needs and requirements.

5 O.C. 506 – page 2

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(rspo) “Vendor’s license” means a license issued by the Licensing Department to a business

entity that does business with the Nation by entering agreements to provides provide a goods or

service for, or that does business withto the Nation.

506.4. Scope

506.4-1. This law shall be adhered to by all business entities and shall apply to every business entity that

performs services and/or does business with the Nation separate from and in addition to those

requirements imposed by other laws and rules of the Nation.

506.4-2. Any record request related to vendor licensing is All information given for the purpose of

receiving a vendor’s license is:

(a) ssubject to a request for information and available for public inspection as provided in applicable laws

and rules of the Nation; and

(b) ssubject to internal audit of the Nation.

506.4-3. Exemptions. The following are exempt from licensure.

(a) Services or goods provided by another federally recognized tribe, subject to all laws and rules

of the Nation.

(b) Services or goods provided by another government, subject to all laws and rules of the

Nation.

published on the Nation’s website.

506.4-4. Rulemaking. Licensing may promulgate rules establishing additional criteria for the approval and

maintenance of a vendor license.

506.55. Application Procedures/Renewal Procedures

506.55-1. Application. The Licensing Department shall notify all new applicants of the requirements of

this law; including any applicable rules and any necessary documentation that theythe Department may

ask the applicant to provide. A complete application shall include:

(a) the application;

(b) a certificate of insurance demonstrating the vendor meets the minimum insurance

requirements;

(d) vendor payment authorization form; and

(e) W-9.

All business entities shall obtain and maintain adequate insurance coverage, as determined by the Risk

Management Department, in cooperation with the Department.

506.5-2. DTS Security Review. All applicants for a new vendor license shall complete the DTS screening

questions. Iand, if the vendor responded “yes” to any of the DTS screening questions,, required of all

new applications, the vendor will be required to complete an additional technology assessment or CSRA

or both. Licensing may not proceed with processing aA license may not be issued until the technology

assessment or CSRA or both are completed and approved by DTS.

(a) Waiver. Even if a vendor responded “yes” to any of the DTS screening questions, the vendor

may be waived from completing an additional technology assessment or CSRA or both, if DTS,

Risk Management, and the Chief Financial Officer waive further technology assessments or the

CSRA or both.

506.5-35-2. Licensing Review. Licensing shall approve or deny an application based on compliance with

the criteria set in this law , other Oneida laws, and any applicable rules, policies, or procedures.

506.6-4. Rulemaking. Licensing may promulgate rules establishing its own criteria for the approval and

maintenance of a vendor license.

5 O.C. 506 – page 3

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506.65-53. Notice to Applicant. Licensing The Department shall notify the applicant of the approval or

denial of the application within twenty ten (210) business days of Licensing receipt of a complete

application, and:

(a) if approved, Licensing the Department shall issue the vendor’s license to the business entity;

(b) if denied, Licensing the Department shall provide the reason(s) for denial of the vendor’s

license; and notify the applicant of their his or her right to file a complaint with the Judiciary

challenging Licensing’s denial. the Department’s action.

506.5-4. Insurance. Before the vendor performs any work, the vendor must demonstrate proof of

appropriate and adequate insurance coverage; and if applicable, comply with all other laws, rules, or

policies of the Nation implicating vendor licensing.

(a) The Nation’s Risk Management Department is delegated rule making authority to determine

what constitutes appropriate and adequate insurance coverageshall determine what constitutes

appropriate and adequate insurance coverage for varying types of goods and services. The

appropriate and adequate minimum insurance requirements for all vendors shall be made

available on the Nation’s website and shall identify the types of services or goods that require

escalated insurance coverage, wherein the amount of coverage may be determined on a caseby-case basis.

506.55-54. Record Retention. All applications for a vendor’s license and a copy of each vendor’s

licenseand licenses issued by Licensing as a result thereof shall be retained by Licensing the Department

in accordance with applicable law and rules of the Nation for a period of seven (7) years from the later of

the applicable date of application or issuance.

506.6. Maintaining a Vendor License

506.6-1. Annual Licensing Update. On an annual basis, vendors shall provide Licensing with an updated

certificate of insurance and complete the CSRA, to the extent the CSRA is required based on the initial

cybersecurity risk assessment.

506.6-2. Triennial Licensing Update. Every three years vendors shall complete a full update of their

information by providing an updated application with all forms required for a new application.

506.7-3. Insurance Requirements. In order to maintain a vendor license, a vendor must maintain

appropriate and adequate insurance coverage, as determined by the Nation’s Risk Management

Department.

(a) Risk Management shall provide a vendor with a minimum of ten (10) days to cure insurance

requirements and to ensure the insurance coverage remains appropriate and adequate as

determined by Risk Management.

(1) If the vendor does not cure within the timeframe given by Risk Management,

Licensing may deactivate or revoke the vendor.

(2) If the vendor cures within the timeframe, to the satisfaction of Risk Management,

and otherwise remains in full compliance with this law and all applicable contracts with

the Nation, the vendor may avoid license deactivation or revocation, subject to certain

limitations, as identified by Licensing in consultation with the Oneida Law Office.

506.7. Deactivation or Revocation of a Vendor License

506.7-1. Deactivation. If a vendor is not in compliance with the requirements of section 506.7 of this law,

to maintain their vendor license, the vendor’s license may be deactivated. Licensing shall provide notice

to a vendor prior to potential deactivation stating the requirements to comply with this law to maintain a

vendor license. If the vendor has not satisfactorily completed the requirements to maintain their vendor

license within the allowable timeframe, Licensing shall deactivate the vendor’s license.

5 O.C. 506 – page 4

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506.7-2. Revocation. Revocation is a cancellation of a vendor license for cause. Revocation is subject to

Licensing discretion except that revocation isf required for a failure to meet the Nation’s insurance

requirements. A vendor that has been revoked may not conduct business with the Nation.

(a) Revocation for Insufficient Insurance. In order to maintain a vendor license, a vendor must

maintain appropriate and adequate insurance coverage, as determined by the Nation’s Risk

Management Department. If or when Risk Management learns that a vendor does not meet the

Nation’s insurance requirements, Risk Management shall provide the vendor with a minimum of

ten (10) business days to supply a satisfactory certificate of insurance. If the vendor does not

cure within the timeframe given by Risk Management, Licensing shall revoke the vendor.

(b) Revocation for Cause. A vendor license may be revoked which is the temporary or permanent

removal of a vendor license, for cause, as identifieddetermined by Licensing upon the

occurrence of any of the following:.

(1a) A vendor’s actions, whether directly or or not indirectly related to the vendor’s

agreement with the Nation, present Licensing may immediately revoke a vendor license

for public health, safety, or welfare concerns to the Nation or its citizens.

(2) A vendor’s actions or inactions implicate poor quality of work or performance, or a

lack of sound business practice as determined by Licensing in consultation with the

Oneida Law Office and the Nation’s business unit receiving goods or services from the

vendor.

(cb) Form of Revocation. Licensing may revoke the license upon notice to the vendor containing

the effective date and duration of the revocation and the reason(s) for revocation.

(1) (c) A vendor that has been revoked may not conduct business with the Nation.

(d) A vendor license may be revoked where a vendor fails to comply with Licensing’s

requirements, or when a vendor’s actions or inactions implicate poor quality of work or

performance, or a lack of sound business practice as determined by Licensing in

consultation with the Oneida Law Office pursuant to this law or any additional rules or

policies promulgated by Licensing and in consultation with the Oneida Law Officefor a

duration to be identified by Licensing in consultation with the Oneida Law Office.

(2e) In extreme circumstances, where a vendor has caused great harm to the Nation, a

vendor shallmay be permanently revoked.

506.8-4. Probation and Potential revocation. Licensing may revoke a vendor in the event of

noncompliance with this law or applicable contracts with the Nation that do not immediately implicate

public health, safety, or welfare.

(a) Licensing may place the vendor on probation until the vendor cures the identified

noncompliance.

(1) During probation, if the vendor fails to comply with any terms of probation identified

by Licensing or does not remain in full compliance with this law and any applicable

contracts with the Nation, Licensing may revoke the vendor.

(2) If the vendor cures the identified noncompliance, to the satisfaction of Risk

Management, and otherwise remains in full compliance with this law and all applicable

contracts with the Nation, Licensing may choose not to revoke the license, subject to

certain limitations, as identified by Licensing in consultation with the Oneida Law Office.

506.89.

Appeal Department

Decisions

- _

506.89-1. The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken by

Licensing the Department pursuant to this law.

506.89-2. No administrative hearing body, including a board, committee, or commission, is authorized to

hear a complaint filed regarding actions taken pursuant to this law.

5 O.C. 506 – page 5

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506.89-3. Complaints filed with the Judiciary shall name the Licensing Department as the responding

party.

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Adopted- BC-2-19-92-C Amended- BC-3-5-97-E Amended- BC-02-25-15-C Amended- BC-10-12-16-E

End.

5 O.C. 506 – page 6

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Title 5. Business - Chapter 506

VENDOR LICENSING

Lonatkehlu·n$ kanakt%tha>

they are permitted to sell to one

506.1. Purpose and Policy

506.2. Adoption, Amendment Repeal

506.3. Definitions

506.4. Scope

506.5. Application Procedures

506.6. Maintaining a Vendor License

506.7. Deactivation or Revocation of a Vendor License

506.8. Appeal

_____________________________________________________________________________________

506.1. Purpose and Policy

506.1-1. Purpose. The purpose of this law is to:

(a) regulate and license vendors who provide goods or services for, and do business with, the

Nation; and

(b) ensure the Nation’s safety, regulate compliance, minimize risk, and protect the Nation’s

assets.

506.1-2. Policy. It is the policy of the Nation to establish a fair system for implementing, administering,

and enforcing the requirements to maintain a vendor license provided that all programs, enterprises,

and tribal entities are encouraged to seek within their own employees those with expertise to meet the

Nation’s needs.

506.2. Adoption, Amendment Repeal

506.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-19-92-C and

amended by resolutions BC-3-5-97-E, BC-02-25-15-C and BC-10-12-16-E.

506.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to the

procedures set out in the Legislative Procedures Act.

506.2-3. 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.

506.2-4. 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.

506.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

506.3. Definitions

506.3-1. 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) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays

recognized by the Nation.

(b) “Business entity” means a particular and discrete unit, which may include, but is not limited

to, any person, independent contractor, sole proprietorship, partnership, corporation, joint

venture, franchise, governmental enterprise, or any other natural or artificial person or

organization. The term “entity” is intended to be as broad and encompassing as possible to

ensure this law covers all contracted goods or services within the jurisdiction of the Nation.

the existence of an insurance policy and summarizes key aspects and conditions of the policy.

5 O.C. 506 – page 1

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(d) “CSRA” means the Cyber Security Risk Assessment done by the Nation’s Digital Technology

Services department to assess potential cyber threats and vulnerabilities. The goal of the CSRA is

to identify and prioritize risks and to develop strategies to reduce the likelihood and impact of a

cyberattack.

(e) “Deactivate” means to turn off the vendor in the Licensing system for lack of current vendor

information.

(f) “DTS” means the Nation’s Digital Technology Services department.

(g) “Financial information” means any information related to the financial activities and

performance of a business. For the purposes of this law, “financial information” may refer to

income and tax reporting documents or direct deposit and banking information.

(h) “Goods” means quantifiable products, tangible or intangible, that must be provided pursuant

to an Agreement with the Nation.

(i) “Great harm” means credible evidence exists that substantiates commission of any of the

following actions: fraud, any violation of Federal or State antitrust statutes, embezzlement, theft,

forgery, bribery, falsification or destruction of records, making false statements, tax evasion,

receiving stolen property, obstruction of justice, or any other action so serious that it affects the

vendor’s ability to satisfy its responsibilities to the Nation.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal Council

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

Nation.

(k) “Licensing” means the Licensing Department of the Oneida Nation.

(l) “Nation” means the Oneida Nation.

(m) “Non-renewal” means a vendor has chosen not to renew their vendor license without

consideration, cause, or imposition of any penalty.

(n) “Notice” means a communication from the Licensing Department to a vendor. To

communicate the renewal and maintenance of a vendor license, the Licensing Department will

send notice by email or regular mail; to communicate the loss of licensure, the Licensing

Department will send notice by certified mail.

(o) “Rule” means a set of requirements enacted in accordance with the Nation’s Administrative

Rulemaking Law.

(p) “Service” means an action performed by a vendor pursuant to an agreement with the Nation

where the service subject to the agreement must be described sufficiently as to set the

expectations for all parties.

(q) “Technology assessment” means the process where the Nation evaluates the technical

capabilities and infrastructure of a potential or existing vendor to ensure they can meet the

Nation’s needs and requirements.

(r) “Vendor license” means a license issued by the Licensing Department to a business entity

that does business with the Nation by entering agreements to provide goods or services to the

Nation.

506.4. Scope

506.4-1. This law shall be adhered to by all business entities and shall apply to every business entity that

performs services or does business with the Nation separate from and in addition to those requirements

imposed by other laws and rules of the Nation.

506.4-2. Any record request related to a vendor license is subject to applicable laws and rules of the

Nation.

506.4-3. Exemptions. The following are exempt from licensure.

5 O.C. 506 – page 2

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(a) Services or goods provided by another federally recognized tribe, subject to all laws and rules

of the Nation.

(b) Services or goods provided by another government, subject to all laws and rules of the

Nation.

published on the Nation’s website.

506.4-4. Rulemaking. Licensing may promulgate rules establishing additional criteria for the approval and

maintenance of a vendor license.

506.5. Application Procedures

506.5-1. Application. Licensing shall notify all applicants of the requirements of this law; including any

applicable rules and any necessary documentation that they may ask the applicant to provide. A

complete application shall include:

(a) the application;

(b) a certificate of insurance demonstrating the vendor meets the minimum insurance

requirements;

(d) vendor payment authorization form; and

(e) W-9.

506.5-2. DTS Security Review. All applicants for a vendor license shall complete DTS screening questions.

If the vendor responded “yes” to any of the DTS screening questions, the vendor will be required to

complete an additional technology assessment or CSRA or both. A license may not be issued until the

technology assessment or CSRA or both are completed and approved by DTS.

(a) Waiver. Even if a vendor responded “yes” to any of the DTS screening questions, the vendor

may be waived from completing an additional technology assessment or CSRA or both, if DTS,

Risk Management, and the Chief Financial Officer waive an additional technology assessment or

the CSRA or both.

506.5-3. Licensing Review. Licensing shall approve or deny an application based on compliance with the

criteria set in this law and any applicable rules, policies, or procedures.

506.6-5. Notice to Applicant. Licensing shall notify the applicant of the approval or denial of the

application within twenty (20) business days of Licensing’s receipt of a complete application, and:

(a) if approved, Licensing shall issue the vendor license to the business entity; or

(b) if denied, Licensing shall notice the reason(s) for denial of the vendor license; and notify the

applicant of their right to file a complaint with the Judiciary challenging Licensing’s denial.

506.5-4. Insurance. Before the vendor performs any work, the vendor must demonstrate proof of

appropriate and adequate insurance coverage; and if applicable, comply with all other laws, rules, or

policies of the Nation implicating vendor licensing.

(a) The Nation’s Risk Management Department shall determine what constitutes appropriate

and adequate insurance coverage for varying types of goods and services; and shall make the

minimum insurance requirements for all vendors available on the Nation’s website, including the

identification of the types of services or goods that require escalated insurance coverage,

wherein the amount of coverage may be determined on a case-by-case basis.

506.5-5. Record Retention. All applications for a vendor license and licenses issued by Licensing as a

result thereof shall be retained by Licensing for a period of seven (7) years from the later date of

application or issuance.

506.6. Maintaining a Vendor License

5 O.C. 506 – page 3

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506.6-1. Annual Licensing Update. On an annual basis, vendors shall provide Licensing with an updated

certificate of insurance and complete the CSRA, to the extent the CSRA is required based on the initial

cybersecurity risk assessment.

506.6-2. Triennial Licensing Update. Every three years vendors shall complete a full update of their

information by providing an updated application with all forms required for a new application.

178

Adopted- BC-2-19-92-C

506.7. Deactivation or Revocation of a Vendor License

506.7-1. Deactivation. If a vendor is not in compliance with the requirements of section 506.7 of this law

to maintain their vendor license, the vendor’s license may be deactivated. Licensing shall provide notice

to a vendor prior to potential deactivation stating the requirements to comply with this law to maintain a

vendor license. If the vendor has not satisfactorily completed the requirements to maintain their vendor

license within the allowable timeframe, Licensing shall deactivate the vendor’s license.

506.7-2. Revocation. Revocation is a cancellation of a vendor license for cause. Revocation is subject to

Licensing discretion except that revocation is required for a failure to meet the Nation’s insurance

requirements. A vendor that has been revoked may not conduct business with the Nation.

(a) Revocation for Insufficient Insurance. In order to maintain a vendor license, a vendor must

maintain appropriate and adequate insurance coverage, as determined by the Nation’s Risk

Management Department. If or when Risk Management learns that a vendor does not meet the

Nation’s insurance requirements, Risk Management shall provide the vendor with a minimum of

ten (10) business days to supply a satisfactory certificate of insurance. If the vendor does not

cure within the timeframe given by Risk Management, Licensing shall revoke the vendor.

(b) Revocation for Cause. A vendor license may be revoked for cause as determined by Licensing

upon the occurrence of any of the following:

(1) A vendor’s actions, whether directly or indirectly related to the vendor’s agreement

with the Nation, present public health, safety, or welfare concerns to the Nation or its

members.

(2) A vendor’s actions or inactions implicate poor quality of work or performance, or a

lack of sound business practice as determined by Licensing in consultation with the

Oneida Law Office and the Nation’s business unit receiving goods or services from the

vendor.

the effective date and duration of the revocation and the reason(s) for revocation.

(1) A vendor license may be revoked for a duration to be identified by Licensing in

consultation with the Oneida Law Office.

(2) In extreme circumstances, where a vendor has caused great harm to the Nation, a

vendor may be permanently revoked.

506.8. Appeal

506.8-1. The Judiciary is granted jurisdiction to hear complaints filed regarding actions taken by Licensing

pursuant to this law.

506.8-2. No administrative hearing body, including a board, committee, or commission, is authorized to

hear a complaint filed regarding actions taken pursuant to this law.

506.8-3. Complaints filed with the Judiciary shall name the Licensing Department as the responding

party.

End.

5 O.C. 506 – page 4

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Amended- BC-3-5-97-E

Amended- BC-02-25-15-C

Amended- BC-10-12-16-E

5 O.C. 506 – page 5

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=DODDOO

ONEIDA

Legislative Operating Committee

June 17, 2026

Code of Ethics Law Amendments

Submission Date: 10/26/22

LOC Sponsor: Jennifer Webster

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last four (4) terms. Amendments to the Code of

Ethics are being sought to strengthen accountability of employees, elected officials, and

appointed officials. On October 26, 2022, the Oneida Business Committee adopted a motion to

request the Legislative Operating Committee to consider deletion of section 103.7 from the Code

of Ethics.

10/4/23 LOC: Motion by Jonas Hill to add the Code of Ethics Law Amendments to the Active Files

List with Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

4/1/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Fawn Cottrell,

Kristal Hill, Grace Elliott. The purpose of this meeting was to begin the initial review

of the Code of Ethics. The history of the Code of Ethics and related laws were

considered prior to reading through the law.

5/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Fawn Billie, Fawn

Cottrell, Kristal Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of

this meeting was to review potential reporting processes and a draft reporting form.

5/13/25:

Work Meeting. Present: Matthew Denny, Rita Reiter, Laura Laitinen-Warren, Grace

Elliott. The purpose of this meeting was to hear initial thoughts from the Human

Resource Department on the Code of Ethics.

6/6/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon

Skenandore, Kristal Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The

purpose of this meeting was to review feedback from the Nation’s human resource,

law enforcement, and gaming divisions in relation to the Nation’s Code of Ethics.

The LOC determined to eliminate the program and enterprise sections from the law as

they are addressed in the Nation’s personnel, policies, and procedures, and to focus

on expanding the government official ethics sections.

7/28/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon

Skenandore, Carolyn Salutz, Fawn Billie, Fawn Cottrell, Kristal Hill, Grace Elliott.

The purpose of this meeting was to review the overlap in conflict of interest

regulation in the Conflict of Interest law and the Code of Ethics. The LOC

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determined that all government official conflict of interest subject matter should be

aggregated and addressed within the Code of Ethics law exclusively.

10/17/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Fawn

Cottrell, Kristal Hill, Rhiannon Metoxen, Laura Laitinen-Warren, Carolyn Salutz,

Grace Elliott. The purpose of this meeting was to review the section of the draft

addressing a potential prohibition on elected officials applying for positions within

the Nation while in office.

11/14/25:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas

Hill, Fawn Cottrell, Rhiannon Metoxen, Grace Elliott, Kristal Hill. The purpose of

this meeting was to review the revised employment application section, alternate

definitions, tone and language adjustments, gifts and honorarium section,

enforcement and restorative justice sections, and identify next steps.

11/19/25:

Work Meeting. Present: Grace Elliott, Peggy VanGheem. The purpose of this meeting

was to collaborate with the Law Office, receive questions or concerns, and identify

suggestions that may be incorporated into the draft or flagged for further group

discussion.

1/9/26:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Laura

Laitinen-Warren, Carolyn Salutz, Clorissa Leeman, Grace Elliott, Peggy VanGheem,

Kristal Hill, Fawn Cottrell, Rhiannon Metoxen. The purpose of this meeting was to

review the draft amendments against the checklist to ensure that the latest edits met

expectations.

1/15/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Laura Laitinen-Warren,

Carolyn Salutz, Grace Elliott. The purpose of this meeting was to review

documentation related to the decision to focus the Code of Ethics on the OBC.

Consensus was to continue on this path.

1/29/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Carolyn Salutz, Clorissa Leeman, Grace Elliott. The purpose of this

meeting was for the LOC to reconsider the scope of the Code of Ethics. LOC

determined that the Code of Ethics be limited to Oneida Business Committee based

on information provided that employees are effectively regulated by the Personnel,

Policies and Procedures and Conflict of Interest laws, BCCs are effectively regulated

under the BCC, Conflict of Interest, and Removal laws—in addition to the fact that

the BCC and Conflict of Interest laws are both currently open on the Active Files list

and may be amended as necessary to enhance already present protections.

Additionally, the LOC has accepted several requests for stand alone laws to address

OBC ethics related matters that can be most efficiently and effectively addressed

under the Code of Ethics.

2/4/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa

Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting was for the LOC

to review various sections of the draft law. Decision was made to remove any

references to enforcement provisions.

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2/16/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Carolyn Salutz, Grace Elliott. The purpose of this meeting was review the

entire draft for potential LOC approval and to specifically review the reporting

processes for gift and conflict of interest disclosures. The LOC requested definitions

for “sacred trust” and information on federal standards for meeting conduct and

acceptance of gifts. Follow-up is scheduled for 2/18/26.

2/18/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Carolyn Salutz, Kristal Hill, Fawn Billie, Grace Elliott. The purpose of this

meeting was to review definitions of sacred trust language and review federal

standards for employees and elected officials’ acceptance of gifts. The LOC chose to

incorporate all six definitions of sacred trust within the law, and determined to set the

gift reporting threshold at one thousand dollars to address the request for reporting

lavish gifts.

2/23/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Carolyn Salutz, Kristal Hill, Fawn Billie, Grace Elliott. The purpose of this

meeting was to review sacred trust language placement within the law and refine

language.

3/4/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Carolyn Salutz, Kristal Hill, Fawn Billie, Clorissa Leeman, Grace Elliott.

The purpose of this meeting was to complete a read through of the entire law for LOC

review and initial approval to move forward through the legislative process.

3/18/26 LOC: Motion by Jennifer Webster to approve the Code of Ethics law amendments draft,

legislative analysis and the public meeting packet for the Code of Ethics law

amendments and schedule a public meeting to be held on May 14, 2026; seconded by

Kirby Metoxen. Motion carried unanimously.

5/14/26:

Public Meeting Held. No individuals provided comment during the public comment

meeting.

5/21/26:

Public Comment Closed. One individual provided written comments.

Next Steps:

 Approve the public comment memorandum, public comments, and public comment transcript

for the proposed amendments to the Code of Ethics, and defer to a work meeting for

consideration.

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

r'\.

=DODDDD=

ONEIDA

Legislative Operating Committee (LOC)

Grace Elliott, Legislative Reference Office, Staff Attorney

June 17, 2026

Code of Ethics: Public Comment Review

On May 14, 2026, a public meeting was held regarding the proposed Elder Protection law. No

individuals provided comments during the public meeting. The public comment period was then

held open until May 21, 2026. One (1) individual submitted comments during the comment period.

This memorandum is submitted as a review of the comments received during the public comment

period. The public meeting draft, public meeting transcript, and written comments received are

attached to this memorandum for review.

Comment 1 – Gift and Gratuity Reporting Threshold:

Audit Committee (written):

To: Legislative Reference Office

From: Lisa Liggins, Audit Committee Chairwoman

Date: May 20, 2026

Re: Code of Ethics Law Amendments

Introduction

The Audit Committee appreciates the opportunity to provide comments on the proposed

amendments to the Code of Ethics. As part of its oversight responsibilities, the Committee is

dedicated to promoting strong governance, transparency, and accountability across all operations,

including governmental, enterprise, and programmatic functions.

The Committee respectfully submits the following perspective regarding:

1. The reporting threshold for gifts and gratuities.

2. The removal of applicability of the Code of Ethics to employees, programs, and

enterprise operations.

1. Gift/Gratuity Threshold and Reporting

The proposed increase in the reporting threshold from $50 to $1,000, combined with limiting

applicability to Oneida Business Committee members, raises significant concerns.

The prior Code established an organization-wide control structure that included:

• Prohibition of gifts for business privilege

• Mandatory reporting at established thresholds

• Formal documentation

• Centralized tracking

The revised Code:

• Applies only to elected officials.

• Eliminates reporting for items under $1,000.

• Removes requirements for employees and enterprise personnel.

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As a result, employees engaged in purchasing, vendor management, and enterprise operations are

no longer subject to defined requirements regarding gifts or vendor incentives.

From an audit perspective, this:

• Reduces preventive and detective controls.

• Decreases transparency in vendor relationships.

• Creates significant risk of unmonitored conflicts of interest.

• Increases public perception of conflicts of interest.

Recent Audit Committee discussion of a hotline matter highlighted vendor incentives tied to

organizational spending. No consistent reporting mechanism was in place. Under the revised Code,

such activity would remain largely undetected, unreported, and unmonitored.

The Committee respectfully recommends:

• Reconsideration of the reporting threshold for gifts and gratuities.

• Retention or re-establishment of enforceable ethical standards applicable across all

operational areas, including employees, programs, and enterprise activities.

Cc: Audit Committee members

Loucinda Conway, Internal Audit Manager

Response

Commenter expresses concerns that increasing the reporting threshold for gifts and gratuities to

$1,000 may reduce transparency, weaken monitoring, and allow vendor-related incentives to go

unreported. These concerns are acknowledged; however, they reflect a distinction between

reporting requirements and underlying prohibited conduct.

The $1,000 threshold applies only to reporting obligations for Oneida Business Committee

(“OBC”) members and does not determine what conduct is permissible. The Code of Ethics

continues to prohibit gifts intended to influence decision-making regardless of value.

Accordingly, the threshold functions as an administrative tool to focus disclosure on items of

material significance for governance transparency, rather than a relaxation of ethical standards.

The conduct underlying the commenter’s concern - particularly vendor incentives and

undisclosed benefits - is regulated through broader, enforceable frameworks that apply across the

Nation. The Conflict of Interest law governs financial interests and vendor relationships and

requires disclosure of conflicts both annually and as they arise [2 O.C. 217.4-3(a)]. It restricts

participation in procurement and contracting decisions where a conflict exists [2 O.C. 217.5-2;

217.7-1] and provides enforceable penalties, including termination for failure to disclose

substantiated conflicts [2 O.C. 217.6-1]. These provisions apply regardless of the dollar value of

the benefit and directly address the risks identified in the comment.

The Conflict of Interest law is also advancing through the legislative process, with proposed

amendments which further strengthen these protections. They expand restrictions on participation

in contracting decisions beyond current limitations and enhance procedural safeguards by

integrating conflict of interest disclosures from employees, contractors, and vendors into

coordinated oversight processes involving Human Resources, Purchasing, and the Law Office.

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[proposed amendments 2 O.C. 217.10-1; 217.5-1; 217.5-2]. These enhancements improve

consistency in disclosure, review, and enforcement and provide a more robust framework for

identifying and managing conflicts across all operational areas.

In addition, the Nation’s Personnel Policies and Procedures prohibit employees from accepting

gifts or gratuities for personal gain in the course of official duties [Personnel Policies &

Procedures V.D.2.c(4)(h)] and subject violations to disciplinary action, up to and including

termination [Personnel Policies & Procedures V.D]. This prohibition applies across all

departments, programs, and enterprise operations without reliance on a reporting threshold.

Taken together, these frameworks ensure that improper influence is prohibited, vendor-related

conflicts are disclosed and managed, and violations are enforceable. The adjustment to the

reporting threshold refines administrative disclosure requirements for elected officials while

preserving comprehensive regulation of the underlying conduct.

The Personnel Policies and the Conflict of Interest law together establish a comprehensive and

enforceable system that prohibits employees from accepting anything of value that could influence

decision-making, requires disclosure of conflicts on both an annual and ongoing basis, restricts

participation in conflicted transactions, and imposes disciplinary action up to and including

termination for violations, including failure to disclose conflicts. [Personnel Policies V.D.; 2 O.C.

217.4-3(a); 217.5-2; 217.6-1].

Accordingly, the increase in the reporting threshold does not reduce ethical protections, and no

changes are recommended in response to this comment.

LOC Consideration

Comment 2 – Scope of Applicability and Organizational Ethical Framework:

103.1. Purpose and Policy

103.1-1. Purpose. The purpose of this law is to establish clear standards of conduct rooted in

the values of the Oneida people, to guide the Oneida Business Committee in serving the

Nation with honor and responsibility. These standards reflect the sacred trust between the

government and the people, and are intended to promote integrity, uphold the will of the

Nation, and preserve the confidence of the Oneida people. In a government founded upon

the consent of the people, it is the right of the Oneida to expect loyalty, honesty, and

accountability from those who serve.

103.1-2. Policy. It is the policy of the Nation that Oneida Business Committee members shall

carry themselves in a way that brings honor to the Oneida people and government. They

shall walk with integrity, follow the laws of the Nation, and uphold the highest standards of

ethical conduct in all their duties. All Oneida Business Committee members strive to exhibit

and uphold the Nation’s core values of The Good Mind as expressed by On<yote>a=ka, which

includes:

(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

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(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

Audit Committee (Written):

2. Removal of Applicability to Employees, Programs, and Enterprises

The Committee notes the proposed revisions fundamentally alter the scope of the Code of Ethics.

The prior Code applied to:

• Government officials

• Administrative staff

• Program employees

• Enterprise personnel

The revised Code applies exclusively to the Oneida Business Committee.

While the revised Code establishes expectations for elected leaders, it does not include

comparable and enforceable standards for employees, programs, or enterprise operations.

This creates:

• A fragmented ethical framework.

• Inconsistent expectations across the Nation.

• Increased exposure where financial and vendor-related risks are most prevalent.

B. Removal of Operational Ethical Controls

The Committee further notes prior provisions governing enterprise employees included:

• Restrictions on accepting gifts or incentives.

• Requirements to report vendor-provided items.

• Expectations to avoid conflicts in vendor relationships.

• Requirements to return (or properly dispose of) gifts. These provisions have been

removed.

As a result:

• Vendor interactions within enterprise operations are no longer governed by defined

ethical standards.

• There is no consistent requirement for reporting or review.

• Oversight of high-risk operational activities is significantly reduced.

C. Elimination of Disclosure and Monitoring Mechanisms

The revised Code introduces structured disclosure processes for Oneida Business Committee

members; however, no comparable framework exists for employees or enterprise personnel.

Without disclosure mechanisms:

• There is no centralized visibility into conflicts of interest.

• No consistent or standardized documentation.

• Limited ability to monitor, track, or identify emerging risks.

D. Removal of Enforcement and Reporting Frameworks

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The Committee observes enforcement provisions previously applicable to employees have been

removed.

Additionally, prior expectations requiring employees to report violations, along with protections

against retaliation, are no longer present.

This may:

• Weaken the internal reporting environment.

• Reduce effectiveness of hotline and whistleblower processes.

• Limit the organization’s ability to respond to and address misconduct!

Conclusion

While the Committee supports efforts to modernize and culturally align the Code of Ethics, the

proposed revisions represent a significant shift away from an organization-wide ethical control

framework. Value-based guidance should be supported by clearly defined, enforceable standards

applicable across all levels of the organization.

The removal of applicability to employees, programs, and enterprise operations, combined with

the reduction of reporting and enforcement mechanisms, creates gaps in oversight and increases

organizational risk. Maintaining a consistent, transparent, and enforceable ethical framework is

essential to safeguarding the Nation’s resources, reputation, and public trust.

The Committee respectfully recommends:

• Reconsideration of the reporting threshold for gifts and gratuities.

• Retention or re-establishment of enforceable ethical standards applicable across all

operational areas, including employees, programs, and enterprise activities.

Cc: Audit Committee members

Loucinda Conway, Internal Audit Manager

Response

The commenter further asserts that removing employees and enterprise operations from the

scope of the Code of Ethics creates fragmentation, reduces oversight, and eliminates ethical

standards, reporting, and enforcement mechanisms. These concerns are acknowledged; however,

the proposed amendments reflect a structural alignment of responsibilities rather than a reduction

in ethical controls.

The amended Code of Ethics is intentionally limited to OBC members in order to define ethical

obligations specific to elected leadership, grounded in fiduciary responsibilities and the “Sacred

Trust” owed to the Oneida people. This reflects the distinction between governance and

operations: elected officials operate within a policy-making framework, while employees and

enterprise personnel operate within employment and operational systems governed by separate

laws and policies. Aligning ethical expectations with these systems improves clarity, ensures

accountability is matched to authority, and strengthens enforceability.

Employee and enterprise conduct continues to be governed through the Nation’s Personnel

Policies and Procedures, which apply to all employees and extend to program and enterprise

operations [Personnel Policies & Procedures I; VII]. While these policies do not explicitly

frame their provisions as an “ethics code,” the prohibited and required behaviors they establish

functionally serve that role by defining standards of integrity, accountability, and professional

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responsibility. These policies establish enforceable behavioral standards applicable to day-to-day

operations, including prohibitions on falsifying records, misuse of Nation resources, theft or

fraud, and acceptance of gifts or gratuities for personal gain [Personnel Policies & Procedures

V.D; V.D.2.c(1)(c)–(e); V.D.2.c(3); V.D.2.c(4)(h)]. Employees are also required to exercise

proper judgment and maintain professional conduct in their interactions [Personnel Policies &

Procedures V.D.2.c(4)(b), (j), (k)].

The Personnel Policies further provide structured mechanisms for addressing misconduct.

Employees may raise concerns through supervisory channels, where complaints are investigated

and resolved, with escalation available when necessary [Personnel Policies & Procedures

V.D.1(a)–(c)]. Supervisors are responsible for enforcing compliance and administering

discipline, supported by a grievance framework designed to ensure consistent review and

resolution of conduct-related issues [Personnel Policies & Procedures V.D; HR Interpretation

(2-4-13); HR Interpretation (1-29-14)].

In parallel, the Conflict of Interest law establishes a centralized, organization-wide framework

governing conflicts, vendor relationships, and financial decision-making. It requires disclosure of

conflicts [2 O.C. 217.4-3(a)], restricts participation in procurement and contracting where

conflicts exist [2 O.C. 217.5-2; 217.7-1], and provides enforceable penalties, including

termination [2 O.C. 217.6-1]. These provisions directly address the high-risk operational areas

identified in the comment.

Together, these frameworks provide continuous oversight through disclosure, supervisory

review, and enforceable accountability across all departments, programs, and enterprise

operations. The amendments therefore do not eliminate ethical controls, disclosure mechanisms,

or enforcement authority, but instead eliminate duplication and clarify how those controls are

administered. The prior Code of Ethics overlapped with existing laws and policies; the revised

structure assigns each category of conduct to the most appropriate governing authority,

improving clarity and strengthening enforceability.

Consistent with this approach, the Legislative Operating Committee engaged with Human

Resources and conducted targeted consultation with operational entities, including Gaming and

the Oneida Police Department, to confirm that the proposed amendments would not diminish or

adversely affect ethical expectations applicable to employees.

To the extent concerns remain regarding consistency of reporting or centralized tracking, those

issues are matters of implementation rather than deficiencies in the governing legal framework,

which already establishes clear obligations and enforcement mechanisms.

Accordingly, the framework is not fragmented but functionally integrated and aligned with roles,

risks, and enforcement authority across the Nation. The concerns raised are fully addressed

within the existing and proposed structure, and no changes are recommended in response to this

comment.

Accordingly, the concerns raised are fully addressed within the existing and proposed framework,

and no changes are recommended in response to this comment.

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LOC Consideration

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Code of Ethics Law Amendments

Pardon and Forgiveness Law Amendments

Norbert Hill Center Business Committee Conference Room and Microsoft Teams

May 14, 2026

12:15 p.m.

Present: Jonas Hill, Grace Elliott, Carolyn Salutz,

Present on Microsoft Teams: Joel Maxam, Terri Schiltz, Ashley Blaker, Jodi Tess, Peggy HelmQuest, Melissa Alverado, Shannon Stone

Jonas Hill: Good afternoon, the time is 12:15 p.m. and today’s date is Thursday, May 14, 2026. I

will now call to order the public meeting for the following two pieces of proposed legislation:

Code of Ethics law amendments, and Pardon and Forgiveness law amendments.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony in person need to register on the sign in sheet.

Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address on the sign in sheet we can ensure you receive

a copy of the public comment review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on Thursday,

May 21, 2026.

In attendance from the LOC is myself, Jonas Hill.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five minutes per

person. This time limit shall be applied equally to all persons.

We will now begin today’s public meeting for the two proposed legislative items.

We will be accepting comments on the Code of Ethics law amendments. The purpose of the Code

of Ethics law is to establish clear standards of conduct rooted in the values of the Oneida people,

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LOC Public Meeting Transcript of May 14, 2026

Page 1 of 3

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to guide those entrusted with authority in serving the Nation with honor and responsibility. These

standards reflect the sacred trust between the government and the people, and are intended to

promote integrity, uphold the will of the Nation, and preserve the confidence of the Oneida people.

In a government founded upon the consent of the people, it is the right of the Oneida to expect

loyalty, honesty, and accountability from those who serve. The Code of Ethics law amendments

will:

▪ Update the Code of Ethics to focus exclusively on the Oneida Business Committee, bringing

all expectations for how leaders should conduct themselves into one easy-to-understand law.

▪ Integrate the Great Law of Peace into the ethical foundation, affirming decision-making

grounded in peace, unity, and thoughtful deliberation as cultural mandates for governance.

▪ Ground the ethical framework in the Good Mind teachings, infusing leadership obligations

with humility, compassion, clarity, and community-centered thinking.

▪ Articulate the concept of Sacred Trust, emphasizing leadership as a duty held on behalf of past,

present, and future generations rather than an individual entitlement.

▪ Clarify the definition of “Conflict of Interest” to encompass financial, personal, and political

interests affecting leaders and their immediate families, reinforcing impartial stewardship.

▪ Mandate transparent disclosure of conflicts, ensuring ethical clarity consistent with the Good

Mind’s call for honesty and openness in governance.

▪ Require OBC members to recuse themselves from matters in which conflicts exist, upholding

the Great Law of Peace’s expectation that leaders avoid self-interest.

▪ Implement structured annual and as-needed conflict-of-interest filings, create accountability

mechanisms that reinforce responsible leadership.

▪ Modernize gift and honoraria reporting by increasing financial thresholds and updating

reporting processes to better reflect contemporary governance realities including public

disclosure.

▪ Prohibit acceptance of gifts tied to influence or business advantage, protecting the Nation’s

decision-making from external pressure and maintaining community trust.

▪ Regulate OBC members’ applications for positions that report directly to the Committee,

preventing conflicts before they arise and strengthening procedural fairness.

▪ Safeguard confidential information by restricting its use for personal, financial, or political

benefit, aligning with the Haudenosaunee value of responsible and respectful speech.

▪ Reinforce accountability and transparency as essential qualities of public office, affirming that

OBC authority flows from the people and must remain answerable to them.

▪ Strengthen expectations for meeting attendance, preparation, and professional engagement,

acknowledging that presence and participation are integral to carrying the Sacred Trust.

▪ Codify a comprehensive list of prohibited behaviors including retaliation, discrimination,

misuse of office, and corruption to uphold dignity and protect community confidence in

leadership.

We will also be accepting comments on the Pardon and Forgiveness law amendments. The

purpose of the Pardon and Forgiveness law is to establish a fair, efficient, and formal process

through which individuals may seek relief from certain barriers created by past actions.

Specifically, the Law provides a process for: Tribal members to receive pardons for criminal

convictions or forgiveness for acts that make them ineligible for Tribal housing or Tribal

benefits; and Tribal and non-Tribal individuals to receive forgiveness for acts that make them

/'"'\.

00000D,

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LOC Public Meeting Transcript of May14, 2026

Page 2 of 3

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ineligible for Tribal employment, occupational licenses, certifications, permits, housing, or other

Tribal benefits. The Pardon and Forgiveness law amendments will:

▪

Create an exception allowing applicants with outstanding penalties/fines to proceed- only if

the application is for employment purposes and the applicant meets the requirements for a

conditional waiver.

Establish the full conditional waiver framework, including:

▪ waiver applies only to employment eligibility;

▪ outstanding penalties/fines remain fully enforceable;

▪ mandatory payment agreement (18 months or extended to 3 years if greater than

$5,000);

▪ requirements for Pardon and Forgiveness Committee recommendation;

▪ good-cause exception for missed payments;

▪ grounds for rescission for non-payment.

Allow an applicant proceeding under the conditional waiver (employment-only) to submit

proof of a Pardon and Forgiveness Committee-approved payment agreement instead of proof

of full payment.

Clarify that a pardon or forgiveness does not affect restrictions imposed under the Nation’s

Safe Neighborhoods law, in addition to existing sex-offender requirements.

Require the Oneida Secretary’s Office to monitor payment-related conditions and provide

quarterly reports to the Pardon and Forgiveness Committee; and clarify that monitoring is

solely for eligibility enforcement, not decision-making.

Authorize the OBC to rescind a pardon/forgiveness when a person fails to meet a payment

condition under 126.6-3, with notice and a 30-day cure period; reinstates all prior

ineligibilities.

Those who wish to speak please raise your hand. Please state your name when making a comment,

and which law you are commenting on. First up to speak is…we have nobody in person so if there

is anybody on Teams who would like to speak you can raise your hand…

With there being no more speakers, the public meeting for the Code of Ethics law amendments

and Pardon and Forgiveness law amendments is now closed at 12:26 p.m.

Written comments may be submitted until close of business on Thursday, May 21, 2026.

-End of Meeting-

/'"'\.

00000D,

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LOC Public Meeting Transcript of May14, 2026

Page 3 of 3

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ONEIDA

Audit Committee

Memorandum

TO:

Legislative Reference Office

FROM:

Lisa Liggins, Audit Committee Chairwoman

DATE:

May 20, 2026

RE:

Code of Ethics Law Amendments

Introduction

The Audit Committee appreciates the opportunity to provide comments on the proposed

amendments to the Code of Ethics. As part of its oversight responsibilities, the Committee

is dedicated to promoting strong governance, transparency, and accountability across all

operations, including governmental, enterprise, and programmatic functions.

The Committee respectfully submits the following perspective regarding:

1. The reporting threshold for gifts and gratuities.

2. The removal of applicability of the Code of Ethics to employees, programs, and

enterprise operations.

1. Gift/Gratuity Threshold and Reporting

The proposed increase in the reporting threshold from $50 to $1,000, combined with

limiting applicability to Oneida Business Committee members, raises significant

concerns.

The prior Code established an organization-wide control structure that included:

•

Prohibition of gifts for business privilege

•

Mandatory reporting at established thresholds

•

Formal documentation

•

Centralized tracking

The revised Code:

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•

Applies only to elected officials.

•

Eliminates reporting for items under $1,000.

•

Removes requirements for employees and enterprise personnel.

As a result, employees engaged in purchasing, vendor management, and enterprise

operations are no longer subject to defined requirements regarding gifts or vendor

incentives.

From an audit perspective, this:

•

Reduces preventive and detective controls.

•

Decreases transparency in vendor relationships.

•

Creates significant risk of unmonitored conflicts of interest.

•

Increases public perception of conflicts of interest.

Recent Audit Committee discussion of a hotline matter highlighted vendor incentives tied

to organizational spending. No consistent reporting mechanism was in place. Under the

revised Code, such activity would remain largely undetected, unreported, and

unmonitored.

2. Removal of Applicability to Employees, Programs, and Enterprises

The Committee notes the proposed revisions fundamentally alter the scope of the Code

of Ethics.

The prior Code applied to:

•

Government officials

•

Administrative staff

•

Program employees

•

Enterprise personnel

The revised Code applies exclusively to the Oneida Business Committee.

While the revised Code establishes expectations for elected leaders, it does not include

comparable and enforceable standards for employees, programs, or enterprise

operations.

This creates:

•

A fragmented ethical framework.

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•

Inconsistent expectations across the Nation.

•

Increased exposure where financial and vendor-related risks are most prevalent.

A. Removal of Operational Ethical Controls

The Committee further notes prior provisions governing enterprise employees included:

•

Restrictions on accepting gifts or incentives.

•

Requirements to report vendor-provided items.

•

Expectations to avoid conflicts in vendor relationships.

•

Requirements to return (or properly dispose of) gifts.

These provisions have been removed.

As a result:

•

Vendor interactions within enterprise operations are no longer governed by defined

ethical standards.

•

There is no consistent requirement for reporting or review.

•

Oversight of high-risk operational activities is significantly reduced.

B. Elimination of Disclosure and Monitoring Mechanisms

The revised Code introduces structured disclosure processes for Oneida Business

Committee members; however, no comparable framework exists for employees or

enterprise personnel.

Without disclosure mechanisms:

•

There is no centralized visibility into conflicts of interest.

•

No consistent or standardized documentation.

•

Limited ability to monitor, track, or identify emerging risks.

C. Removal of Enforcement and Reporting Frameworks

The Committee observes enforcement provisions previously applicable to employees

have been removed.

Additionally, prior expectations requiring employees to report violations, along with

protections against retaliation, are no longer present.

This may:

•

Weaken the internal reporting environment.

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•

Reduce effectiveness of hotline and whistleblower processes.

•

Limit the organization’s ability to respond to and address misconduct!

Conclusion

While the Committee supports efforts to modernize and culturally align the Code of Ethics,

the proposed revisions represent a significant shift away from an organization-wide

ethical control framework. Value-based guidance should be supported by clearly defined,

enforceable standards applicable across all levels of the organization.

The removal of applicability to employees, programs, and enterprise operations,

combined with the reduction of reporting and enforcement mechanisms, creates gaps in

oversight and increases organizational risk. Maintaining a consistent, transparent, and

enforceable ethical framework is essential to safeguarding the Nation’s resources,

reputation, and public trust.

The Committee respectfully recommends:

Cc:

•

Reconsideration of the reporting threshold for gifts and gratuities.

•

Retention or re-establishment of enforceable ethical standards applicable across

all operational areas, including employees, programs, and enterprise activities.

Audit Committee members

Loucinda Conway, Internal Audit Manager

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r'\.

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

June 17, 2026

Elder Protection Law

Submission Date: 1/4/23

LOC Sponsor: Jennifer Webster

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term and originally added to the Active Files

List on January 4, 2023 at the request of the Governmental Services Division Director for the

purpose of developing a law which would protect elders of the Oneida community from abuse,

neglect, and exploitation.

10/4/23 LOC: Motion by Jennifer Webster to add the Elder Protection Law to the Active Files List

with Jennifer Webster and Marlon Skenandore as the sponsors; seconded by Jonas

Hill. Motion carried unanimously.

11/1/23 LOC: Motion by Jonas Hill to approve the Legislative Operating Committee community

meeting notice and schedule the community meeting to take place on December 6,

2023; seconded by Jennifer Webster. Motion carried unanimously.

11/27/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen

Perkins. The purpose of this work meeting was to review the PowerPoint presentation

for the December 6th community meeting.

12/6/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal

Hill, Maureen Perkins. The purpose of this work meeting was to run through and

practice the presentation for the community meeting.

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster,

Jonas Hill, Marlon Skenadore, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz,

Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins, Lori Webster, Leon

Webster, Larry Barton, Nancy Barton, Daniel Leyo, John E. Powless III, Carol Silva,

Jeanette Ninham, Raeann Skenadore, Gina Powless Buenrostro, Jackie Smith, Rocky

Hill, Carole Liggins, Kaylee Schuyler, Trina Schuyler, Quincy Granquist, Dan

Webster, Marie Cornelius, Barbara Salutz, Carol Elm, Majorie Stevens, Misty

Herzog, Josh, Gerzetich, Ann McCotter, Mitchel Metoxen, Katsi Danforth, Nova

Danforth, Bill Gollnick, Bonnie Pigman, Nadine Escamea, Alyssa Perkins, Emma

King, Dr. Rosa King, Margaret King, Garth Webster, Daniel Doyen, Mark W.

Powless, Kanani Nunies, Ululan Ninies, Beverly DeCoteau, Lexi Sickles, Laura

Manthe, Tina Jorgensen, Stephanie Miscavitch VanEvery, Mark A. Powless Sr., and

others. The Legislative Operating Committee held a community meeting regarding

Page 1 of 5

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the Elder Protection law, the Oneida Language law, and the Higher Education

Scholarship Law.

12/20/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal

Hill, Maureen Perkins. The purpose of this work meeting was to discuss and debrief

the December 6th community meeting – such as what went well, what could be

improved, and the comments and input received.

10/4/24:

Work Meeting. Present: Kelly Mc Andrews, Grace Elliott. The purpose of this

meeting was to provide an opportunity for the OLO to share any concerns or

preferences they might have regarding the elder protection law with the LRO.

10/7/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Tina Jorgensen, Sandra Skenandore, Neoma Orsburn, Maureen Perkins,

Mark Powless, Kelly Mc Andrews, Fawn Billie, Eric Boulanger, Claudia Skenandore,

Carol Liggins, Carrie Lindsey, Jodi Tess, Kristal Hill, Fawn Cottrell, Grace Elliott,

Amber Martinez. The purpose of this meeting was to begin discussions on the

development of Elder/Vulnerable Adult Protection Law for the Nation. Topics

included; identifying what issues the Nation is facing, the intended purpose of the law

and how this law can address the issues.

10/18/24 :

Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Clorissa

Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell, Maureen Perkins,

Grace Elliott. The purpose of this meeting was to discuss the intended scope of the

Elder Protection law.

11/26/24:

Community Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby

Metoxen, Grace Elliott, Jodi Tess, Eli Metoxen, and eight Oneida elders. The purpose

of this meeting was for the LOC to gather feedback from Oneida elders about what

topics they would like an elder protection law to address.

12/3/24:

Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly

McAndrews, Carrie Lindsey, Eric Boulanger, Eli Metoxen, Fawn Billie, Marlon

Skenandore. The purpose of this meeting was to review reporting sections from

various tribal elder protection laws and discuss which provisions might be appropriate

for Oneida.

1/9/25:

Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly

McAndrews, Carrie Lindsey, Mark Powless, Fawn Billie, Marlon Skenandore. The

purpose of this meeting was to review options for how citations might be addressed

within an elder protection law.

1/17/25:

Work Meeting. Present: Andrea Gage, Grace Elliott. The purpose of this meeting was

to collaborate with the new attorney who has previous legal experience practicing

elder protection law.

2/3/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas

Hill, Clorissa Leeman, Kristal Hill, Maureen Perkins,

Grace Elliott, Carolyn Salutz,

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Fawn Billie. The purpose of this work meeting was to select the topics for the March

5th LOC community meeting. The LOC decided the topics to be discussed should

include Elder Protection law, Indian Preference in Contracting law amendments, and

Hunting, Fishing, and Trapping law amendments.

2/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The

purpose of this meeting was to review laws of the Nation as they apply to elder

protection.

2/18/25:

Work Meeting. Present: Tina Jorgensen, Jodi Tess, Shelly Hill, Adriana Chacon,

Carrie Lindsey, Mark Powless, Fawn Billie, Clorissa Leeman, Grace Elliott. The

purpose of this meeting was to review laws of the Nation as they apply to elder

protection.

2/19/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon

Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this

meeting is to consider the infrastructure that may support an elder protection law.

3/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn Billie. The

purpose of this work meeting was to review the PowerPoint presentation for the

March 19th LOC community meeting.

3/19/25:

Community Meeting. Present: The Legislative Operating Committee held a

community meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m.

regarding the development of an Elder Protection law.

3/27/25:

Work Meeting. Present: Mary Loeffler, Richard Baird, Carrie Lindsey, Layatalati

Hill, Jodi Tess, Andrea Gage, Joyce Johnson, Diane Polzak, Claudia Skenandore,

Barbra Cornelius, Grace Elliott. The purpose of this meeting was to review

information related to investigations conducted based on reports of potential elder

abuse.

4/18/25:

Work Meeting. Present: Kelly McAndrews, Andrea Gage, Grace Elliott. The purpose

of this meeting was to discuss the processes outlined in Oneida Elder Service’s

MOUs with the counties for handling elder abuse investigations.

4/24/25:

Work meeting. Present: Kelly McAndrews, Andrea Gage, Jodi Tess, Grace Elliott.

The purpose of this meeting was to discuss how Oneida is currently handling

investigations into elder abuse and what it might be ideal to include in an Elder

Protection law.

6/6/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon

Skenandore, Kristal Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The

purpose of this meeting is to provide an update to the LOC on the status of the Elder

Protection law.

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6/12/25:

Work Meeting. Present: Eric Boulanger, Ronald King, Jodi Tess, Carrie Lindsey,

Andrea Gage, Tina Jorgenson, Kelly McAndrews, Fawn Billie, Grace Elliott. The

purpose of this meeting was to review the investigation section of the Elder

Protection law and discuss how Oneida Aging and Disability might be empowered to

fulfil a more active role. Potential solutions brought forward by the team included

hiring additional staff.

7/29/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Marlon Skenandore, Tina Jorgensen, Mark Powless, Eric Boulanger,

Andrea Gage, Carrie Lindsey, Jodi Tess, Grace Elliott. The purpose of this meeting

was to discuss multidisciplinary teams and confidentiality.

10/8/25:

Work Meeting. Present: Tina Jorgenson, Jodi Tess, Breanna Phillips, Grace Elliott.

The purpose of this meeting was to discuss the roles stakeholders would like to see

Oneida Aging and Disability and county partners to play in the elder protection

process.

11/5/25:

Work Meeting. Present: Tina Jorgenson, Carrie Lindsey, Jodi Tess, Breanna Phillips,

Grace Elliott, Mark Powless. The purpose of this meeting was to review the draft of

elder protection law.

11/21/25:

Work Meeting. Present: Grace Elliott, Kelly McAndrews. The purpose of this meeting

was to review any questions, concerns, or suggestions from the law office regarding

the draft elder protection law.

12/1/25:

Work Meeting. Present: Jameson Wilson, Tina Jorgenson, Carrie Lindsey, Jodi Tess,

Breanna Phillips, Grace Elliott, Mark Powless. The purpose of this meeting was to

review the draft of elder protection law.

12/16/25:

Work Meeting. Present: Grace Elliott, Amber Martinez, ONCOA. The purpose of this

meeting was for the drafting attorney to provide an update on the development of the

Elder Protection Law to ONCOA and listen to any feedback they had. ONCOA

expressed strong support for the draft law.

1/26/26:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Mark

Powless, Carrie Lindsey, Eric Boulanger, Tina Jorgenson, Jodi Tess, Breanna

Phillips, Kristal Hill, Fawn Cottrell. The purpose of this meeting was to complete a

final readthrough of the draft elder protection law and review next steps which

include reviewing scenarios for process next Monday, sharing the draft with

ONCOA, and presenting the draft to the LOC for initial approval at the next

scheduled LOC meeting.

2/2/26:

Work Meeting. Present: Tina Jorgenson, Jodi Tess, Mark Powless, Ronald King, Joel

Maxam, Grace Elliott. The purpose of this meeting was to review hypothetical elder

protection scenarios against the draft Elder Protection law.

2/4/26 LOC: Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Carolyn

Salutz, Grace Elliott. Motion by Jennifer Webster to approve the draft of the Elder

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Protection law with noted change, and direct that a legislative analysis be completed;

seconded by Kirby Metoxen. Motion carried unanimously.

3/4/26 LOC: Motion by Jonas Hill to approve the legislative analysis and the public meeting

packet for the Elder Protection Law and forward to a public meeting to be held on

April 16, 2026; seconded by Kirby Metoxen. Motion carried unanimously.

4/16/26:

Public Meeting Held. Present: Jennifer Webster, Jonas Hill, Carolyn Salutz, Grace

Elliott, Nancy Barton, Judy Sprangers, Tina Jorgensen, Jodi Tess, Melinda Danforth,

Barbra Cornelius, Cathy Metoxen, Mary Loeffler, via Teams Clorissa Leeman, Rae

Skenandore, Lisa Duff, Margaret Kruse, Efren Rivera, Melissa Alvarado, Bonnie

Pigman, Shad Webster, Michelle Tipple, Diane Wilson, Eric Boulanger, Nacy

Barton, Joel Maxam, Alyssa Hudak, Carrie Lindsey, Sarah Miller, Mark Powless,

Debra Santiago. Four (4) individuals provided oral comments.

4/23/26:

Public Comment Period Closes. Three (3) individuals provided written comments.

5/6/26LOC: Motion by Jennifer Webster to accept the public comments and the public comment

review memorandum and defer to a work meeting for further consideration; seconded

by Jonas Hill. Motion carried unanimously.

5/6/26:

Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer

Webster, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this work

session was for the LOC to consider public comments on the Elder Protection law.

5/20/26 LOC: Motion by Jennifer Webster to approve the public comment review memorandum

with LOC consideration, the updated legislative analysis, and final draft of the Elder

Protection law; seconded by Jonas Hill. Motion carried unanimously.

Motion by Jennifer Webster to approve the fiscal impact statement request

memorandum and direct the Finance Department to provide the LOC with a fiscal

impact statement of the proposed Elder Protection law by June 5, 2026; seconded by

Jonas Hill. Motion carried unanimously.

Next Steps:

▪ Approve the adoption packet for the Elder Protection law and forward to the Oneida

Business Committee for consideration.

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=DODDDD=

ONEIDA

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Jameson Wilson, LOC Chairperson

July 08, 2026

Adoption of the Elder Protection Law

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

of Elder Protection Law:

Resolution: Elder Protection Law

Statement of Effect: Elder Protection Law

Elder Protection Law Legislative Analysis

Elder Protection Law Draft (Clean)

Elder Protection Law Fiscal Impact Statement

Overview

The purpose of the Elder Protection law is to uphold the Nation’s responsibility to honor and

protect its elders. This law establishes a comprehensive framework to prevent, identify, report,

investigate, and respond to elder abuse, neglect, self-neglect, and financial exploitation and affirms

the Nation’s cultural responsibility to honor, respect, and preserve elder wellbeing. [7

O.C. 706.1-1; 706.1-2]. The Elder Protection Law will:



Establish a comprehensive framework to prevent, identify, report, investigate, and respond

to elder abuse, neglect, self-neglect, and financial exploitation. [7 O.C. 706.1-1(a)–(c)].

Establish an Interdisciplinary Team composed of multiple Nation departments to

coordinate case review, guide investigations, recommend actions, promote cooperation,

and identify resources. [7 O.C. 706.4-1; 706.4-5].

Establish a duty to report suspected elder abuse, neglect, and exploitation. The law requires

any person with knowledge or reasonable suspicion of abuse, neglect, self-neglect, or

exploitation of an elder to report immediately to Aging & Disability Services or the Oneida

Police Department. [7 O.C. 706.5-2].

Create a broad class of mandated reporters, including family, caretakers, elected officials,

employees, healthcare workers, mental health professionals, social workers, law

enforcement, judicial staff, and fiduciaries. [7 O.C. 706.5-2(a)–(d)].

 Good-faith reporters receive immunity. [7 O.C. 706.5-4].

 Non-mandated reporters may remain anonymous. [7 O.C. 706.5-3].

Establish civil penalties:

 A mandated reporter who fails to report may be fined up to $2,000. [7

O.C. 706.5-5(a)].

 Anyone who knowingly files a false report may be fined up to $2,000. [7

O.C. 706.5-6(a)].

 Anyone who interferes with an investigation or retaliates against a reporter may be

fined up to $2,000 per occurrence. [7 O.C. 706.6-9(c)].

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

Provide investigation procedures requirements including that they must begin promptly

and include required steps such as:

 Visiting the elder’s residence;

 Observing the elder;

 Conducting interviews;

 Reviewing healthcare and financial records;

 Interviewing guardians/caregivers;

 Requesting law-enforcement assistance;

 Offering or arranging needed services.

[7 O.C. 706.6-1; 706.6-2; 706.6-4; 706.6-5].

Authorize medical examinations under specified consent conditions or by court order. [7

O.C. 706.6-3].

Authorize emergency protective actions, including protective placement, may be taken

when necessary. [7 O.C. 706.6-6].

Protect confidentiality and records. Departmental report forms and investigative records

are confidential and may only be disclosed under limited circumstances, such as to the

elder, suspect, service providers, law enforcement, auditors, and through court order. [7

O.C. 706.6-7(a)–(i)].

Provide that records must be retained for five years. [7 O.C. 706.6-8(c)].

Affirm elders’ rights to:

 Notice of an investigation unless emergency conditions exist. [7 O.C. 706.7-1(a)].

 Refuse services if they have capacity. [7 O.C. 706.7-1(b)].

 Protect their property rights, including the right to deny entry. [7 O.C. 706.7-1(c)–

(d)].

 Representation by counsel at their own expense. [7 O.C. 706.7-1(e)].

Provide for rights of the accused to refuse services for themselves, refuse entry (subject

to warrant), and obtain counsel at their own expense. [7 O.C. 706.7-2(a)–(c)].

Grant the Oneida Trial Court jurisdiction over all actions under this law. [7 O.C. 706.8-1].

Personal jurisdiction extends to members of the Nation and Nation employees. [7

O.C. 706.8-1].

The Legislative Operating Committee developed the proposed Elder Protection Law through

collaboration with representatives from Aging and Disability, Comprehensive Health Division,

Oneida Police Department, Oneida Law Office, Oneida Nation Commission on Aging, Oneida

Judiciary, Government Administration Office and CEO. The Legislative Operating Committee

held thirty (30) work meetings on the development of the Elder Protection Law.

The development of the Elder Protection Law complies with all processes and procedures required

by the Legislative Procedures Act, including the development of a legislative analysis, a fiscal

analysis, and the opportunity for public review during a public meeting and public comment

period. [1 O.C. 109.6, 109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed Elder Protection Law

on April 16, 2025. Four (4) individuals provided public comments during this public meeting. The

public comment period was then held open until April 23, 2026. Three (3) individuals provided

written comments during the public comment period.

A good mind. A good heart. A strong fire.

ONEIDA

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The Elder Protection Law will become effective August 03, 2026.

Requested Action

Adopt the Resolution: Elder Protection Law.

A good mind. A good heart. A strong fire.

ONEIDA

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Title 7. Children, Elders & Family - Chapter 706

ELDER PROTECTION

706.1. Purpose and Policy

706.2. Adoption, Amendment, Repeal

706.3. Definitions

706.4. Interdisciplinary Team

706.5. Reporting

706.6. Investigation

706.7. Rights of Parties

706.8. Jurisdiction

706.1. Purpose and Policy

706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor and

protect its elders. This law establishes a process to safeguard elders from harm, including abuse,

neglect, self-neglect, and exploitation. This process includes:

(a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders;

(b) investigating reports to ensure the safety and well-being of elders; and

self-neglect, and exploitation.

706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The Nation

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

that enhance and enrich the lives of the entire Nation. The interests of the Nation, now and in the

future, are advanced when its elders are confident that they are protected from abuse, neglect, selfneglect, and exploitation. In honoring these principles, the Nation embraces Yukwats$stay< the

fire, the animating spirit within each of us as a reminder that protecting our elders is an

expression of who we are as a People and a reflection of The Good Mind we strive to uphold

as expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

706.2. Adoption, Amendment, Repeal

706.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

706.2-2. 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.

706.2-3. 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.

706.2-4. 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.

706.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

706.3. Definitions

706.3-1. 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) “Abuse” means any of the following:

(1) Physical abuse.

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(2) Emotional abuse.

(3) Sexual abuse.

(4) Treatment without consent.

(5) Unreasonable confinement or restraint.

(b) “Bodily harm” means physical pain or injury, illness, or any impairment of physical

condition.

individual’s care voluntarily, by contract, or by agreement, including a person acting or

claiming to act as a legal guardian.

(d) “Case management” means an assessment of need for direct services, development of

a direct service plan and coordination and monitoring of the provision of direct services.

(e) “Departmental report form” includes documentation of an elder-adult-at-risk agency’s

response to or investigation of a report and is the information required to be submitted to

the department.

(f) “Direct services” includes temporary shelter, relocation assistance, housing, respite

care, emergency funds for food and clothing and legal assistance.

(g) “Elder-at-risk” means any person aged Fifty-Five (55) or older who has experienced, is

currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial

exploitation.

(h) “Elder-adult-at-risk agency” means Oneida Aging and Disability, or an agency

designated by the county board of supervisors to receive, respond to, and investigate reports

of abuse, neglect, self-neglect, and financial exploitation.

(i) “Emotional abuse” means language or behavior that serves no legitimate purpose and is

intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing,

and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise

harass the individual to whom the conduct or language is directed.

(j) “Financial exploitation” means any of the following:

(1) Obtaining an individual’s money or property by deceiving or enticing the

individual, or by forcing, compelling, or coercing the individual to give, sell at less

than fair market value, or in other ways convey money or property against his or

her will without his or her informed consent.

(2) Theft.

(3) The substantial failure or neglect of a fiscal agent to fulfill his or her

responsibilities.

(4) Unauthorized use of an individual’s personal identifying information or

documents.

(5) Unauthorized use of an entity’s identifying information or documents.

(6) Forgery.

(7) Financial transaction card crimes.

(k) “Investigative agency” means Oneida Aging and Disability, a law enforcement or a

city, town, village, county, or state governmental agency or unit with functions relating to

protecting health, welfare, safety, or property, including an agency concerned with animal

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protection, public health, building code enforcement, consumer protection, or insurance or

financial institution regulation.

(l) “Nation” means the Oneida Nation.

(m) “Neglect” means the failure of a caregiver, as evidenced by an act, omission, or course

of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an

individual, including food, clothing, shelter, or physical or mental health care, and creating

significant risk or danger to the individual’s physical or mental health. “Neglect” does not

include a decision that is made to not seek medical care for an individual, if that decision

is consistent with the individual’s previously executed declaration or do-not-resuscitate

order as authorized by law.

(n) “Physical abuse” means the intentional or reckless infliction of bodily harm.

(o) “Record” includes any document relating to the response, investigation, assessment,

and disposition of a report made under this law.

(p) “Self-neglect” means a significant danger to an individual’s physical or mental health

because the individual is responsible for his or her own care but fails to obtain adequate

care, including food, shelter, clothing, or medical or dental care.

(q) “Sexual abuse” means a violation of Wisc. Stat. 940.225(1), (2), (3), or (3m).

(r) “Treatment without consent” means the administration of medication to an individual

who has not provided informed consent, or the performance of psychosurgery,

electroconvulsive therapy, or experimental research on an individual who has not provided

informed consent, with the knowledge that no lawful authority exists for the administration

or performance.

(s) “Unreasonable confinement or restraint” includes the intentional and unreasonable

confinement of an individual in a locked room, involuntary separation of an individual

from his or her living area, use on an individual of physical restraining devices, or the

provision of unnecessary or excessive medication to an individual, but does not include the

use of these methods or devices in entities regulated by the department if the methods or

devices are employed in conformance with state and federal standards governing

confinement and restraint.

(t) “Retaliation” means intimidating, threatening to cause or causing bodily, emotional,

property, or financial harm.

706.4. Interdisciplinary Team

706.4-1. Composition. The Interdisciplinary Team consists of representatives from Aging and

Disability Services, Oneida Police Department, Comprehensive Health Division, Oneida

Behavioral Health, Oneida Law Office, Oneida Community Resource and Economic Support,

Comprehensive Housing Department, Oneida Family Services, and any additional agencies

designated by the Team as necessary to fulfill its duties.

706.4-2. Confidentiality. All members of the Interdisciplinary Team shall maintain strict

confidentiality regarding all matters that come before the team. No member may disclose any

information except as expressly authorized under this law.

(a) Purpose-Based Disclosure. Members may use or disclose confidential information

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only as necessary to perform duties under this law, including prevention, identification,

investigation, or mitigation of elder abuse, neglect, exploitation, or self-neglect.

(b) HIPAA Exception for Harm Prevention. When a member is subject to HIPAA, the

member may share protected health information with the Team under the exception

permitting disclosure to prevent or lessen a serious and imminent threat to the health or

safety, provided that:

(1) the disclosure is made in good faith to prevent or address abuse, neglect, or

exploitation; and

(2) the disclosure is limited to persons reasonably able to prevent or mitigate the

threatened harm, including members of the Interdisciplinary Team acting within

their authority under this law.

information necessary for the Team to perform its duties.

(d) Selective Participation. Only members whose roles are relevant to a specific case

shall access confidential information for that case.

(e) Redisclosure Prohibited. Information received through the Team may not be further

disclosed except as required to perform professional duties related to the case or as

otherwise authorized by law.

(f) Conflict of Interest. Members with a personal conflict, familial relationship, or other

circumstance that may compromise confidentiality, or objectivity shall recuse

themselves from case discussions.

706.4-3. Reporting to Licensing Agencies. The Team may report to a licensing agency any

concerns that a regulated person has failed to comply with mandatory reporting requirements under

this law or has abused or neglected an elder. The Team may also report concerns to the person’s

employer.

706.4-4. Law Enforcement Assistance. The Team may request assistance from the Oneida Police

Department in investigating allegations of elder abuse or neglect and shall notify the Department

of any allegations of criminal abuse or neglect.

706.4-5. Duties: The Team shall meet periodically and:

(a) guide investigations of reported elder abuse;

(b) review reports from adult protection workers and determine whether an Oneida elder is

in danger of harm;

elders;

(d) determine whether a legal action should be initiated by the Nation;

(e) determine whether an elder should be removed from the person’s home temporarily or

permanently;

(f) recommend placement options when an elder cannot remain in their home;

(g) identify available community resources, programs, and services;

(h) promote cooperation, communication, and consistency between agencies;

(i) assist in developing and implementing plans to promote the long-term wellbeing of

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elders and their families.

706.4-6. Decision-Making. Decisions shall be made by consensus of members present at a duly

noticed meeting.

706.4-7. Notice of Meetings. Notice of regularly scheduled meetings is presumed complete upon

scheduling. Notice of emergency meetings shall be provided at least twenty-four (24) hours in

advance by email, text, or phone call/voicemail.

706.4-8. Family and Community Engagement. The Team shall prioritize resolving issues of abuse

or neglect through family and community assistance and may convene meetings with designated

family and community members for this purpose.

706.4-9. Funding Authority. The Team may solicit and accept grants or funds from federal, state,

tribal, and local governments and private sources to further the purposes of this law.

706.4-10. Administrative Support. Aging and Disability Services shall serve as the Team’s primary

contact, organize meetings, and maintain records.

706.4-11. Subject Matter Experts. The Team may engage subject matter experts from any entity

necessary to access resources required to fulfill its duties.

706.5. Reporting

706.5-1. Duty to Report. Any person who knows or has reasonable cause to suspect that an elder

is being or has been abused, neglected, self-neglected, or exploited shall immediately report the

information to the Oneida Police Department or Oneida Aging and Disability Services, unless

prohibited by a legally recognized privilege. Individuals bound by a privileged relationship may

only make an anonymous disclosure if there is an urgent need for hospitalization, guardianship,

protective services, or protective placement.

706.5-2. Mandated Reporters. The following individuals have a mandated duty to report suspected

abuse, neglect, self-neglect, and exploitation of elders:

(a) The elder’s family members or caretakers;

(b) Any elected official of the Nation;

(1) physicians, surgeons, dentists, podiatrists, chiropractors, nurses, dental

hygienists, optometrists, medical examiners, emergency medical technicians,

paramedics, or other health care providers;

(2) psychiatrists, psychologists, or psychological assistants;

(3) licensed or unlicensed social workers, professional counselors, or marriage and

family therapists;

(4) persons employed in the mental or behavioral health profession;

(5) persons employed as physical or occupational therapists, or their assistants;

(6) law enforcement officers;

(7) judges, attorneys, court counselors, clerks of court, and other judicial system

officials or staff;

(d) Any person or agency with fiduciary responsibilities to an elder, such as accountants,

property managers, financial advisors, or financial institutions.

706.5-3. Anonymous Reports. Except for mandated reporters identified in section 706.5-2, any

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person reporting elder abuse, neglect, self-neglect, or exploitation may remain anonymous.

706.5-4. Immunity from Liability. Any person who in good faith, reports suspected abuse, neglect,

self-neglect, or exploitation of an elder shall be immune from any legal action arising from that

report.

706.5-5. Civil Penalty for Failure to Report.

(a) Any person required by this law to report suspected elder abuse, neglect, self-neglect,

or exploitation who fails to do so is subject to a civil penalty not to exceed two thousand

dollars ($2,000).

(b) The Court shall impose the penalty only after petition, notice, an opportunity for

hearing, and a determination that the person had a mandated duty to report and failed to

comply.

by the elder as a result of the failure to report, notwithstanding any determination by the

Court regarding violation of this law.

706.5-6. Civil Penalty for Bad Faith Reports.

(a) Any person who knowingly makes a false report of suspected abuse, neglect, selfneglect, or exploitation is subject to a civil penalty not to exceed two thousand dollars

($2,000).

(b) The Court shall impose the penalty only after petition, notice, an opportunity for

hearing, and a determination that the person knowingly made a false report.

by the person(s) named in the false report.

706.5-7. Report Requirements. Reports of suspected elder abuse, neglect, self-neglect, or

exploitation shall be made to the Oneida Police Department or Oneida Aging and Disability

Services.

(a) Oral reports shall be immediately documented in writing by the Director or designee.

(b) Anonymous reports shall be investigated as required by this law.

(1) The elder’s name, address or location, and telephone number;

(2) The name, address or location, and telephone number of the person(s) or

agency suspected of abuse, neglect, or exploitation;

(3) The nature and degree of any limitations of the elder;

(4) The name, address or location, and telephone number of the elder’s caretaker,

if applicable;

(5) The name, address or location, and telephone number of any witnesses;

(6) A description of the acts reported as abusive, neglectful, or exploitative;

(7) Any other information that may assist in determining abuse, neglect, selfneglect, or exploitation;

(8) The name, address, and telephone number of the reporter for follow-up

purposes, unless the report is anonymous.

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706.6. Investigation

706.6-1. Initiation of Investigations. Upon receipt of a report alleging abuse, financial

exploitation, neglect, or self-neglect of an elder adult at risk who is believed to be an Oneida Elder,

the Oneida Aging and Disability Designee shall promptly coordinate with appropriate elder-at-risk

agencies. The Oneida Aging and Disability Designee shall take all reasonable steps to ensure

timely and organized action to protect the elder while maintaining active involvement throughout

the investigative process.

706.6-2. Minimum Investigative Actions. The elder-adult-at-risk agency’s response shall include

one or more of the following:

(a) A visit to the elder’s residence;

(b) Observation of the elder, with or without consent of a guardian or agent under an

activated power of attorney for health care, if any;

a guardian or agent under an activated power of attorney for health care, if any;

(d) An interview with the guardian or agent under an activated power of attorney for health

care, if any, and with any caregiver;

(e) A review of the elder’s treatment and health care records;

(f) A review of the elder’s financial records maintained by a financial institution, entity,

caregiver, or immediate family member. Financial records shall be released without

informed consent under either of the following circumstances:

(1) To an elder-adult-at-risk agency or other investigative agency under this section,

including voluntary disclosure by the record holder;

(2) Pursuant to a lawful court order.

706.6-3. Medical Examination. The elder-adult-at-risk agency may transport the elder adult at risk

for a medical examination by a physician if:

(a) The elder adult at risk or his or her guardian or agent under an activated power of

attorney for health care consent; or

(b) The elder is incapable of consenting and one of the following applies:

(1) The elder has no guardian or agent under an activated power of attorney for

health care;

(2) The guardian or an agent under an activated power of attorney for health care,

is suspected of abuse, neglect, or financial exploitation;

(3) The examination is authorized by court order.

706.6-4. Law Enforcement Assistance. The elder-at-risk agency may request law enforcement

assistance during visits to the elder’s residence or as otherwise necessary. Upon request, a law

enforcement officer shall accompany the agency investigator and provide assistance as needed.

706.6-5. Offer of Services and Referrals. Upon responding to a report, the elder-at-risk agency

shall determine whether the elder or any other individual involved requires services. The agency

shall provide or arrange for necessary services under the least restrictive conditions appropriate to

achieve the intended objectives.

706.6-6. If, after responding to a report, the elder-adult-at-risk agency has reason to believe that

abuse, financial exploitation, neglect, or self-neglect has occurred, the agency may:

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(a) Request immediate assistance to initiate protective services or contact an investigative

agency;

(b) Take emergency protective action, including emergency protective placement, if in the

elder’s best interests and the least restrictive intervention;

(d) Refer the case to licensing or regulatory authorities if the residence, facility, or program

is or should be regulated;

(e) Refer the case to the Department of Safety and Professional Services if a credentialed

individual is involved;

(f) Refer the case to the Department of Financial Institutions if financial exploitation

involves a registered individual or entity;

(g) Petition for guardianship, protective services, or protective placement or seek review

of an existing guardianship if necessary to prevent harm.

706.6-7. Confidentiality. Departmental report forms are confidential and may not be released

except:

(a) To the elder, any person named as a suspect, and the suspect’s attorney, excluding the

identity of the reporter or any person whose safety may be endangered.

(b) To agencies or entities providing assistance, subject to confidentiality requirements;

identifying information is not disclosed;

(d) Pursuant to a lawful court order;

(e) To agencies or individuals providing direct services, including attending physicians, for

purposes of diagnosis, treatment, or coordination of care;

(f) To the guardian of the elder adult at risk or the guardian of any person named in a report

who is suspected of abuse, neglect, or financial exploitation. These individuals may inspect

the report, except that identifying information about the reporter or any person whose

safety may be endangered by disclosure shall not be released;

(g) To law enforcement officials as necessary to carry out their duties, in accordance with

applicable internal policies and this law;

To the Oneida Interdisciplinary Team, a federal agency, state or local governmental unit,

or an agency of another state that requires the report to fulfill its responsibility to protect

elder adults at risk from abuse, neglect, exploitation, or self-neglect;

(i) To the individual who made the report in a professional capacity, for the limited purpose

of informing them of actions taken to protect or provide services to the alleged victim.

706.6-8. Written Investigative Report.

(a) The Oneida Aging and Disability Designee shall provide a written investigative report

and file it with Oneida Aging and Disability Services.

(b) The report shall include all pertinent information obtained during the investigation,

including interviews, observations, assessments, and other relevant facts.

pursue legal action.

(d) If the allegations are substantiated, Oneida Aging and Disability Services may mediate

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a resolution or forward the matter to the Oneida Law Office for legal action.

706.6-9. Interference with Investigation and Retaliation.

(a) No person shall intentionally interfere with a lawful investigation of suspected elder

abuse, neglect, self-neglect, or exploitation.

(b) No person shall retaliate against any individual who, in good faith, reports suspected

abuse or cooperates with an investigation.

two thousand dollars ($2,000) per occurrence. The Court shall impose the penalty only

after petition, notice, an opportunity for hearing, and a determination that interference or

retaliation occurred.

(d) Notice of the Court’s determination shall be provided to the person’s employer and any

relevant licensing agencies. If the violator is an employee of the Nation, disciplinary action

shall be imposed consistent with Nation employment laws.

706.6-10. Criminal Investigation. Any investigation or procedure under this law may continue

concurrently with a criminal investigation. Oneida Aging and Disability Services shall cooperate

with law enforcement to ensure the criminal investigation is not compromised.

706.7. Rights of Parties

706.7-1. Rights of Elders. An elder shall have the following rights:

(a) Notice of Investigation. An elder has the right to be informed about an elder abuse

investigation before it begins unless an emergency exists, in which case the elder shall

be informed as soon as possible, but not later than one (1) business day after the

investigation begins.

(b) Refusal of Services. An elder has the right to refuse to accept elder protective

services (even if there is good cause to believe that the elder has been or is being

abused, neglected, self-neglected, or exploited) provided that the elder is able to care

for himself or herself and/or has the capacity to understand the nature of the services

offered.

to exclude others from their premises, subject to applicable law. This includes the right

to deny entry to any individual, except as otherwise authorized by court order or

warrant.

(d) Right to Exclude Entry. An elder has the right to refuse the Oneida Aging and

Disability Designee entrance into their home. The Oneida Aging and Disability Designee

shall inform the elder of this right before seeking entry and shall also inform the elder

of the Oneida Aging and Disability Designee’s authority to seek a warrant to gain access.

(e) Representation by Counsel. The elder has the right to be represented by counsel at

his or her own expense at all proceedings.

(1) If the elder seeks to proceed independently, then the elder may retain private

counsel to represent himself or herself at his or her own cost or proceed without

counsel (pro se).

(2) If the elder seeks to have the assistance of the Oneida Aging and Disability

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in filing the Petition, then Oneida Aging and Disability and the Oneida Law

Office shall make a determination on whether a legal claim exists and then

make a determination on how to proceed.

706.7-2. Rights of the Accused.

(a) Refusal of Services. The accused may refuse services offered by Oneida Aging and

Disability Services for themselves but may not refuse services offered to the elder.

(b) Right to Deny Entry. The accused may refuse entry to their home by the Oneida

Aging and Disability Designee. Before seeking entry, the Oneida Aging and Disability

Designee shall inform the accused of this right and shall also advise the accused that

the Oneida Aging and Disability Designee may seek a warrant to gain access if

necessary.

at their own expense in all proceedings under this law.

706.8. Jurisdiction

706.8-1. The Oneida Trial Court has jurisdiction over any action brought under this law.

Personal jurisdiction over an individual under this law may be established where the parties

are members of the Nation, or employees of the Nation.

End.

Adopted – BC-__-__-__-__

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ELDER PROTECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Legislation or

Amendments

Analysis by the Legislative Reference Office

▪ Provide definitions to form the foundation for consistent enforcement.

[7 O.C. 706.1-3].

▪ Establish a comprehensive framework to prevent, identify, report,

investigate, and respond to elder abuse, neglect, self-neglect, and

financial exploitation. [7 O.C. 706.1-1(a)–(c)].

▪ Establish an Interdisciplinary Team composed of multiple Nation

departments to coordinate case review, guide investigations, recommend

actions, promote cooperation, and identify resources. [7 O.C. 706.4-1;

706.4-5].

▪ Establish a duty to report suspected elder abuse, neglect, and

exploitation. The law requires any person with knowledge or reasonable

suspicion of abuse, neglect, self-neglect, or exploitation of an elder to

report immediately to Aging & Disability Services or the Oneida Police

Department. [7 O.C. 706.5-2].

▪ Create a broad class of mandated reporters, including family, caretakers,

elected officials, employees, healthcare workers, mental health

professionals, social workers, law enforcement, judicial staff, and

fiduciaries. [7 O.C. 706.5-2(a)–(d)].

▪ Good-faith reporters receive immunity. [7 O.C. 706.5-4].

▪ Non-mandated reporters may remain anonymous. [7 O.C.

706.5-3].

▪ Establish civil penalties:

▪ A mandated reporter who fails to report may be fined up to

$2,000. [7 O.C. 706.5-5(a)].

▪ Anyone who knowingly files a false report may be fined up to

$2,000. [7 O.C. 706.5-6(a)].

▪ Anyone who interferes with an investigation or retaliates against

a reporter may be fined up to $2,000 per occurrence. [7 O.C.

706.6-9(c)].

▪ Provide investigation procedures requirements including that they must

begin promptly and include required steps such as:

▪ Visiting the elder’s residence;

▪ Observing the elder;

▪ Conducting interviews;

▪ Reviewing healthcare and financial records;

▪ Interviewing guardians/caregivers;

▪ Requesting law-enforcement assistance;

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Analysis to Draft 2

2026 06 17

▪

Purpose

Affected Entities

Related Legislation

Enforcement

Offering or arranging needed services.

[7 O.C. 706.6-1; 706.6-2; 706.6-4; 706.6-5].

▪ Authorize medical examinations under specified consent conditions or

by court order. [7 O.C. 706.6-3].

▪ Authorize emergency protective actions, including protective placement,

may be taken when necessary. [7 O.C. 706.6-6].

▪ Protect confidentiality and records. Departmental report forms and

investigative records are confidential and may only be disclosed under

limited circumstances, such as to the elder, suspect, service providers,

law enforcement, auditors, and through cou

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.