Oneida Business Committee (2023)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
January 18, 2023
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. January 4, 2023 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Emergency Management Law Amendments (pg. 4)
2. Petition: M. Cornelius – Chief Financial Officer Position (pg. 32)
3. Petition: N. Barton – $2,500 GWA Payment for Three (3) Years (pg. 34)
IV.
New Submissions
1. Clean Air Policy Amendments (pg. 43)
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
r'\
mooao
ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
January 4, 2023
9:00 a.m.
Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King
Others Present: Clorissa N. Leeman, Carolyn Salutz, Brooke Doxtator, Keith Doxtator, Robert
Collins II, Anna Mendoza (Microsoft Teams), Grace Elliott (Microsoft Teams), Joy Salzwedel
(Microsoft Teams), Carl Artman (Microsoft Teams), Chad Fuss (Microsoft Teams), Justin
Nishimoto (Microsoft Teams), Katsitsiyo Danforth (Microsoft Teams), Nic Reynolds (Microsoft
Teams), Shannon Davis (Microsoft Teams), Tina Jorgenson (Microsoft Teams), Todd
VandenHeuvel (Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Tracy Smith (Microsoft
Teams), Rhiannon Metoxen (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Michelle
Tipple (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Rae Skenandore (Microsoft Teams),
Bryce Elm (Microsoft Teams), Elijah Metoxen (Microsoft Teams), Mark Powless (Microsoft
Teams)
I.
Call to Order and Approval of the Agenda
David P. Jordan called the January 4, 2023, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Marie Cornelius to adopt the agenda as is; seconded by Daniel Guzman King.
Motion carried unanimously.
II.
Minutes to be Approved
1. December 21, 2022 LOC Meeting Minutes
Motion by Marie Cornelius to approve the December 21, 2022, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Drug and Alcohol Free Workplace Law Amendments
Motion by Jennifer Webster to approve the public meeting packet for the proposed
amendments to the Drug and Alcohol Free Workplace law and schedule a public meeting
to be held on February 15, 2022; seconded by Kirby Metoxen. Motion carried
unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of January 4, 2023
Page 1 of 2
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2. Emergency Management Law Amendments
Motion by Jennifer Webster to accept the public comment review memorandum identifying
no public comments were received; seconded by Marie Cornelius. Motion carried
unanimously.
IV.
New Submissions
1. Elder Abuse Code
Motion by Jennifer Webster to add the Elder Protection law to the Active Files List with
Jennifer Webster as the sponsor; seconded by Marie Cornelius. Motion carried
unanimously.
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Marie Cornelius to adjourn at 9:12 a.m.; seconded by Kirby Metoxen. Motion
carried unanimously.
Legislative Operating Committee Meeting Minutes of January 4, 2023
Page 2 of 2
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 18, 2023
Emergency Management Law
Amendments
Submission Date: 7/6/22
LOC Sponsor: Marie Cornelius
Public Meeting: 12/13/22
Emergency Enacted: 9/14/22
Summary: During the June 24, 2022, Storm Emergency Debrief session between the Oneida Business
Committee and the Emergency Management Director it was identified that amendments would be needed
to the Emergency Management law to address the composition of the Oneida Emergency Planning
Committee. Some of the positions identified in the ONEPC Bylaws are direct reports to the Oneida
Business Committee or General Manager, or are employees of the Nation’s Internal Audit Department,
Finance Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs
and Communications. Currently, section 105.15-3 of the Boards, Committees, and Commissions law
provides that direct reports to the Oneida Business Committee or General Manager, or are employees of
the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support
Office, or Intergovernmental Affairs and Communications are ineligible to serve on an appointed or
elected boards, committee, or commission of the Nation. An exemption to this prohibition needs to be
included for the Oneida Nation Emergency Planning Committee since it is essential that direct reports
and employees of those designated areas participate on this committee. The Oneida Business Committee
adopted emergency amendments to the Emergency Management law on September 14, 2022, through the
adoption of resolution BC-09-14-22-B. These emergency amendments will expire on March 14, 2023.
7/6/22 LOC:
Motion by Daniel Guzman King to add the Emergency Management law emergency
amendments to the Active Files List with Marie Summers as the sponsor; seconded by Marie
Summers. Motion carried unanimously.
7/18/22:
Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke
Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to discuss a plan for addressing amendments
to the Emergency Management law and the Oneida Nation Emergency Planning Committee
Bylaws.
8/2/22:
Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke
Doxtator, Mark Powless, Kaylynn Gresham. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to discuss policy issues that need to be
addressed in the amendments to the Emergency Management law and the Oneida Nation
Emergency Planning Committee bylaws amendments.
8/25/22:
Work Meeting. Present: David P. Jordan, Clorissa N. Santiago, Lisa Summers, Brooke
Doxtator, Mark Powless, Kaylynn Gresham, Carolyn Salutz, Grace Elliot. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to discuss the
draft of proposed amendments to the Emergency Management law and accompanying
resolution.
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A good mind. A good heart. A strong fire.
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8/25/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliot. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to discuss the draft of
proposed amendments to the Emergency Management law.
8/30/22:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Kirby Metoxen, Clorissa N. Santiago, Rhiannon Metoxen, Kristal Hill, Grace Elliot,
Kaylynn Gresham. This was a work meeting held through Microsoft Teams. The purpose of
this work meeting was to review and discuss the draft of proposed amendments to the
Emergency Management law.
9/7/22 LOC:
Motion by Kirby Metoxen to approve the Emergency Management law emergency
amendments adoption packet and forward to the Oneida Business Committee for
consideration; seconded by Marie Summers. Motion carried unanimously.
9/14/22 OBC: Motion by Lisa Liggins to adopt resolution entitled 09-14-22-B Emergency Amendments to
the Emergency Management Law, seconded by Marie Cornelius. Motion carried.
10/4/22:
Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark
Powless, Melissa Alvarado, Derrick King, Kaylynn Gresham. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to begin discussion on the
development of the Emergency Management Operations Team SOP as required by resolution
BC-09-14-22-B.
10/5/22 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the
Emergency Management law and direct that a legislative analysis be completed; seconded by
Daniel Guzman King. Motion carried unanimously.
10/19/22 LOC: Motion by Jennifer Webster to approve the legislative analysis of the Emergency Management
law; seconded by Marie Cornelius. Motion carried unanimously.
11/2/22 LOC: Motion by Kirby Metoxen to approve the public meeting packet and forward the Emergency
Management law amendments to a public meeting to be held on December 13, 2022; seconded
by Marie Cornelius. Motion carried unanimously.
11/4/22:
Work Meeting. Present: David P. Jordan, Clorissa N. Leeman, Louise Cornelius, Mark
Powless, Kaylynn Gresham, Debra Powless, Chad Fuss, Lucy Neville, Lawrence Barton. This
was a work meeting held through Microsoft Teams. The purpose of this work meeting was to
review and discuss the draft of the Emergency Management Operations Team SOP.
12/13/22:
Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Carolyn Salutz, Brooke
Doxtator, David P. Jordan (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Joy
Salzwedel (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Rachel Fitzpatrick
(Microsoft Teams), Tina Jorgensen (Microsoft Teams), Melanie Burkhart (Microsoft Teams),
Grace Elliot (Microsoft Teams), Brenda Haen (Microsoft Teams), Debra Santiago (Microsoft
Teams), Kristal Hill (Microsoft Teams), Matt Denny (Microsoft Teams), Ronald Vanschyndel
(Microsoft Teams), Wendy Alvarez (Microsoft Teams), Stefanie Reinke (Microsoft Teams),
Jay Kennard (Microsoft Teams), Sidney White (Microsoft Teams). The public meeting for the
Emergency Management law amendments was held in person in the Norbert Hill Center and
on Microsoft Teams. No individuals provided public comment during the public meeting.
A good mind. A good heart. A strong fire.
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12/14/22 OBC: Motion by Jennifer Webster to approve the Oneida Nation Standard Operating Procedure
(SOP) entitled Emergency Management Law – Emergency Management Operations Team
with the addition of Chief Information Officer under 3.1 of the SOP, seconded by David P.
Jordan. Motion carried.
12/20/22:
Public Comment Period Closed. No submissions of written comments were received during
the public comment period.
1/4/23 LOC:
Motion by Jennifer Webster to accept the public comment review memorandum identifying
no public comments were received; seconded by Marie Cornelius. Motion carried
unanimously.
Next Steps:
Approve the draft, legislative analysis, and fiscal impact statement review memorandum, and
forward to the Finance Department directing that a fiscal impact statement be prepared and
submitted to the LOC by February 15, 2023.
A good mind. A good heart. A strong fire.
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Title 3. Health and Public Safety – Chapter 302
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Matters that are concerning immediate attention
EMERGENCY MANAGEMENT
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302.1. Purpose and Policy
302.2. Adoption, Amendment, Conflicts
302.3. Definitions
302.4. Emergency Management Department
302.5. Oneida Nation Emergency Planning CommitteeManagement
Operations Team
302.6. Entity Cooperation
302.7. Public Health Emergencies
302.8. Proclamation of an Emergency
302.9. Emergency Core Decision Making Team
302.10. Enforcement and Penalties
302.1. Purpose and Policy
302.1-1. Purpose. The purpose of this law is to:
(a) provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster;
(b) provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and
organizations;
(c) establish the use of the National Incident Management System (NIMS); and
(d) designate authority and responsibilities for public health preparedness.
302.1-2. Policy. It is the policy of the Nation to provide:
(a) a description of the emergency management network of the Nation;
(b) authorization for specialized activities to mitigate hazardous conditions and for the
preparation of the Nation’s emergency response plans, as well as to address concerns
related to isolation and/or quarantine orders, emergency care, and mutual aid; and
(c) for all expenditures made in connection with such emergency management activities
to be deemed specifically for the protection and benefit of the inhabitants, property, and
environment of the Reservation.
302.2. Adoption, Amendment, Repeal
302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A
and, amended by resolution BC-12-20-06-G, BC-05-13-09-F, and BC-03-10-21-A., and BC-____-__-__.
302.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
302.2-3. 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.
302.2-4. 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.
302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
302.3. Definitions
302.3-1. This section shall govern the definitions of words or phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Biological agent” means an infectious disease or toxin that has the ability to adversely
affect human health in a variety of ways, from mild allergic reactions to serious medical
3 O.C. 302 – Page 1
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conditions, and including death.
(b) “Communicable disease” means any disease transmitted from one person or animal to
another directly by contact with excreta or other discharges from the body, or indirectly via
substances or inanimate objects that may cause a public health emergency.
(c) “Community/Public Health Officer” means an agent of the Comprehensive Health
Division, or his or her designee(s), who is responsible for taking the appropriate actions in
order to prevent a public health emergency from occurring on the Reservation.
(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,
which is authorized to issue compulsory vaccinations, require isolation, and quarantine
individuals in order to protect the public health.
(e) “Director” means the Director of the Nation’s Emergency Management Department.
(f) “Emergency” means a situation that poses an immediate risk to health, life, safety,
property, or environment which requires urgent intervention to prevent further illness,
injury, death, or other worsening of the situation.
(g) “Emergency Management Network” means the entities, volunteers, consultants,
contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents
and large-scale disasters.
(h) “Emergency Response Plan” means the plan established to coordinate mitigation,
preparedness, response, and recovery activities for all emergency or disaster situations
within the Reservation.
(i) “Entity” means any agency, board, committee, commission, or department of the
Nation.
(j) “Fair Market Value” means the everyday cost of a product in an ordinary market,
absent of a disaster.
(k) “Isolation” means the separation of persons or animals presumably or actually infected
with a communicable disease, or that are disease carriers, for the usual period of
communicability of that disease in such places and under such conditions as will prevent
the direct or indirect transmission of an infectious agent to susceptible people or to those
who may spread the agent to others.
(l) “Nation” means the Oneida Nation.
(m) “National Incident Management System” or “NIMS” means the system mandated by
Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that
provides a consistent nationwide approach for federal, state, local, and tribal governments
to work effectively and efficiently together to prepare for, prevent, respond to, and recover
from domestic incidents, regardless of cause, size, or complexity.
(n) “Oneida Nation Emergency Planning Committee” means the committee that assists the
Director in the implementation of this law.
(o(n) “Proclaim” means to announce officially and publicly.
(po)
“Public Health Emergency” means the occurrence or imminent threat of an illness
or health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
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humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of
people.
(qp)
“Quarantine” means the limitation of freedom of movement of persons or animals
that have been exposed to a communicable disease or chemical, biological, or radiological
agent, for a period of time equal to the longest usual incubation period of the disease or
until there is no risk of spreading the chemical, biological, or radiological agent. The
limitation of movement shall be in such manner as to prevent the spread of a communicable
disease or chemical, biological, or radiological agent.
(rq) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(sr) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the
judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities
of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.
(ts) “Vital resources” means food, water, equipment, sand, wood, or other materials
obtained for the protection of life, property, and/or the environment during a proclaimed
emergency.
302.4. Emergency Management Department
302.4-1. The Emergency Management Department shall be responsible for planning and
coordinating the response to a disaster or emergency that occurs within the boundaries of the
Reservation.
302.4-2. Authority of the Director. The Director shall be responsible for coordinating and
planning the operational response to an emergency and is hereby empowered to:
(a) organize and coordinate efforts of the emergency management network of the Nation;
(b) implement the Emergency Response Plan as adopted by the Oneida Business
Committee;
(c) facilitate coordination and cooperation between entities and resolve questions that may
arise among them;
(d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments
to administer the best practices contained in the NIMS;
(e) coordinate the development and implementation of the NIMS within the Nation;
(f) ensure that the following occurs:
(1) an Emergency Response Plan is developed and maintained, and includes
training provisions for applicable personnel;
(2) emergency resources, equipment, and communications systems are developed,
procured, supplied, inventoried, and accounted for;
(g) establish the line of authority as recorded in the Emergency Response Plan as adopted
by the Oneida Business Committee; and
(h) enter into mutual aid and service agreements with tribal, local, state, and federal
governments, subject to Oneida Business Committee approval.
302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of
an emergency on the Reservation, the Director is hereby empowered:
3 O.C. 302 – Page 3
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(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon
approval of the Emergency Management purchasing agent, who is identified in the
Emergency Response Plan. If a person or business refuses to provide the resource(s)
required, the Director may commandeer resources for public use and bind the Nation for
the fair market value thereof. In the event the purchasing agent is unavailable, the chain of
command, as approved by the Oneida Business Committee, shall be followed.
(b) to require emergency activities of as many members of the Nation and/or employees
as deemed necessary.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
by this law or by resolution adopted pursuant thereto, all powers conferred on the Director
by any agreement approved by the Oneida Business Committee, and to exercise complete
emergency authority over the Reservation.
(d) to coordinate with tribal, federal, state, and local authorities.
302.5. Oneida Nation Emergency Planning Committee Management Operations Team
302.5-1. The Oneida Nation Establishment and Composition. There is hereby established an
Emergency Planning CommitteeManagement Operations Team which shall consist of
representatives from entities and a community representative of the Nation as identified in the
Oneida Nation Emergency Planning Committee bylaws as approved by the Oneida Business
Committee.Director.
302.5-2. Purpose. The Oneida Nation Emergency Planning CommitteeManagement Operations
Team shall meet as necessary to, as determined by the Director, for the following purposes:
(a) assist the Director in drafting and maintaining the Emergency Response Plan.; and
(b) assist the Director in 302.5-3. At the request of the Director, the Oneida Nation
Emergency Planning Committee shall provide assistance to the Director in the
implementation of the provisions of this law or any plan issued thereunder.
302.5-3. Expectations. Members of the Emergency Management Operations Team shall attend
meetings, or send a designee in their absence, and comply with any training requirements set forth
by the Director.
302.6. Entity Cooperation
302.6-1. All entities shall comply with reasonable requests from the Director relating to
emergency planning, emergency operations, and federal mandate compliance.
302.6-2. The Nation may implement more strict policies or requirements than those issued by the
Community/Public Health Officer.
302.7. Public Health Emergencies
302.7-1. In order to prevent a public health emergency, the Director and the Community/Public
Health Officer shall take action to limit the spread of any communicable disease, in accordance
with this law.
302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer
suspects or is informed of the existence of any communicable disease, the Community/Public
Health Officer shall investigate and make or cause examinations to be made, as are deemed
necessary.
302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of
quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee.
3 O.C. 302 – Page 4
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302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health
Officer shall act as necessary to protect the public including, but not limited to, the following
actions:
(a) Request the Director to take the necessary steps to have a public health emergency
proclaimed;
(b) Quarantine, isolate, or take other communicable disease control measures upon an
individual(s); and
(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation.
302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately
quarantine, isolate, and/or take other communicable disease control measures upon an individual
if the Community/Public Health Officer receives a diagnostic report from a physician or a written
or verbal notification from an individual or his or her parent or caretaker that gives the
Community/Public Health Officer a reasonable belief that the individual has a communicable
disease that is likely to cause a public health emergency.
(a) If an individual is infected with a communicable disease and the Community/Public
Health Officer determines it is necessary to limit contact with the individual, all persons
may be forbidden from being in direct contact with the infected individual, except for those
persons having a special written permit from the Community/Public Health Officer.
(b) Any individual, including an authorized individual, who enters an isolation or
quarantine premises may be subject to isolation or quarantine under this law.
(c) When the Community/Public Health Officer deems it necessary that an individual be
quarantined, isolated, or otherwise restricted in a separate place, the Community/Public
Health Officer shall have that individual removed to such a designated place, if it can be
done without danger to the individual’s health.
302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health
emergency is proclaimed, the Community/Public Health Officer may do all of the following, as
necessary:
(a) organize the vaccination of individuals;
(1) The following types of individuals shall not be subject to a vaccination:
(A) an individual who the vaccination is reasonably likely to lead to serious
harm to the individual; and
(B) an individual, for reason of religion or conscience, refuses to obtain the
vaccination.
(b) isolate or quarantine individuals, including those who are unable or unwilling to receive
a vaccination; and
(c)
prevent any individual, except for those individuals authorized by the
Community/Public Health Officer, from entering an isolation or quarantine premises.
302.7-7. The Oneida Police Department shall take enforcement action when necessary and work
with the Community/Public Health Officer to execute the Community/Public Health Officer’s
orders and properly guard any place if quarantine, isolation, or other restrictions on communicable
disease are violated or intent to violate becomes apparent.
302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected
individual shall be charged against the individual or whoever is liable for the individual’s care and
support.
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302.8. Proclamation of an Emergency
302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible
for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or
presidential declaration.
(a) The Director may request that the Oneida Business Committee proclaim the existence
of an emergency. The Oneida Business Committee may proclaim the existence of an
emergency without a request from the Director, if warranted.
(b) In the event the Oneida Business Committee is unable to proclaim or ratify the
existence of an emergency, the Director may proclaim an emergency which shall be in
effect until such time the Oneida Business Committee can officially ratify this declaration.
302.8-2. No proclamation of an emergency by the Oneida Business Committee or the Director
may last for longer than sixty (60) days, unless the proclamation of emergency is extended by the
Oneida Business Committee.
302.8-3. Management Network. The emergency management network of the Reservation shall
be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.
302.8-4. Emergency Briefings. Within forty-eight (48) hours of an emergency, the Director shall
prepare, or shall work in conjunction with the appropriate entity to prepare, an emergency briefing
to be presented to the Oneida Business Committee regarding the status of the emergency, actions
taken to address the emergency, and the activation of the Emergency Response Plan. The Oneida
Business Committee may direct the Director to provide additional emergency briefings.
302.8-5.After-Action Preliminary Emergency Assessment Report. After an emergency has
subsided, the Director shall prepare, or shall work in conjunction with the appropriate entity to
prepare, an after-actiona preliminary emergency assessment report to be presented to the Oneida
Business Committee, any interested entity, and the public. This report shall be presented to the
required parties no later than sixty (60thirty (30) days after the emergency has subsided, unless an
extension is granted by the Oneida Business Committee.
302.8-6. After-Action Report. After an emergency has subsided, the Director shall prepare, or
shall work in conjunction with the appropriate entity to prepare, an after-action report to be
presented to the Oneida Business Committee, any interested entity, and the public. This report
shall be presented to the required parties no later than ninety (90) days after the emergency has
subsided, unless an extension is granted by the Oneida Business Committee.
302.8-7.302.8-5. During a proclaimed emergency, the Conservation Department shall be
responsible for the care, disposal, and sheltering of all abandoned domestic animals and livestock.
The Conservation Department may delegate this responsibility to a contracted agency.
302.9. Emergency Core Decision Making Team
302.9-1. Emergency Core Decision Making Team. Upon the proclamation of an emergency under
this law, the Oneida Business Committee may establish an Emergency Core Decision Making
Team through the adoption of a motion. The motion shall identify the positions of the Nation which
shall make up the members of the Emergency Core Decision Making Team based on the type and
severity of emergency the Nation is experiencing.
302.9-2. Delegation of Authority. The Emergency Core Decision Making Team shall have
emergency authority to take the following actions:
(a) Notwithstanding any requirements of the Legislative Procedures Act, declare
exceptions to the Nation’s laws during the emergency period which will be of immediate
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impact for the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees; and
(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard
operating procedures, declare exceptions to any policy, procedure, regulation, or standard
operating procedure during the emergency period which will be of immediate impact for
the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees.
302.9-3. Declarations. All declarations made by the Emergency Core Decision Making Team
shall:
(a) be written on the Nation’s letterhead;
(b) provide the date the declaration was issued;
(c) contain a clear statement of the directives;
(d) provide the date the directive shall go into effect;
(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the
Chairperson’s absence; and
(f) be posted on the Nation’s website.
302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making
Team. Any declaration made under the authority granted in this section shall be effective upon
the date declared by the Emergency Core Decision Making Team and shall be effective for the
duration of any proclaimed emergency, or for a shorter time period if identified.
302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a
declaration being made, the Emergency Core Decision Making Team shall provide notification of
the declaration to the Oneida Business Committee.
302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or
emergency action taken by the Emergency Core Decision Making Team.
302.10. Enforcement and Penalties
302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct,
hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued
thereunder, whether or not an emergency has been proclaimed.
302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who
violates a provision of this law.
(a) A citation for a violation of this law shall be processed in accordance with the procedure
contained in the Nation’s laws and policies governing citations.
(b) The Oneida Business Committee shall adopt through resolution a citation schedule
which sets forth specific fine amounts for violations of this law.
(c) The Trial Court shall have jurisdiction over any action brought under this law.
302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work
hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action
in accordance with the Nation’s laws and policies governing employment.
(a) An employee of the Nation who is disciplined under this law may appeal the
disciplinary action in accordance with the Nation’s laws and policies governing
employment.
End.
3 O.C. 302 – Page 7
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Adopted - BC-07-15-98-A
Amended - BC-12-20-06-G
Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))
Amended - BC-05-13-09-F
Emergency Amended – BC-03-17-20-E (COVID-19)
Extension of Emergency – BC-08-26-20-A
Amended – BC-03-10-21-A
Emergency Amended – BC-09-14-22-B
Amended – BC-__-__-__-__
3 O.C. 302 – Page 8
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Title 3. Health and Public Safety – Chapter 302
Yotlihokt# Olihw@=ke
Matters that are concerning immediate attention
EMERGENCY MANAGEMENT
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302.1. Purpose and Policy
302.2. Adoption, Amendment, Conflicts
302.3. Definitions
302.4. Emergency Management Department
302.5. Emergency Management Operations Team
302.6. Entity Cooperation
302.7. Public Health Emergencies
302.8. Proclamation of an Emergency
302.9. Emergency Core Decision Making Team
302.10. Enforcement and Penalties
302.1. Purpose and Policy
302.1-1. Purpose. The purpose of this law is to:
(a) provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster;
(b) provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and
organizations;
(c) establish the use of the National Incident Management System (NIMS); and
(d) designate authority and responsibilities for public health preparedness.
302.1-2. Policy. It is the policy of the Nation to provide:
(a) a description of the emergency management network of the Nation;
(b) authorization for specialized activities to mitigate hazardous conditions and for the
preparation of the Nation’s emergency response plans, as well as to address concerns
related to isolation and/or quarantine orders, emergency care, and mutual aid; and
(c) for all expenditures made in connection with such emergency management activities
to be deemed specifically for the protection and benefit of the inhabitants, property, and
environment of the Reservation.
302.2. Adoption, Amendment, Repeal
302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A,
amended by resolution BC-12-20-06-G, BC-05-13-09-F, BC-03-10-21-A, and BC-__-__-__-__.
302.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
302.2-3. 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.
302.2-4. 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.
302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
302.3. Definitions
302.3-1. This section shall govern the definitions of words or phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Biological agent” means an infectious disease or toxin that has the ability to adversely
affect human health in a variety of ways, from mild allergic reactions to serious medical
conditions, and including death.
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(b) “Communicable disease” means any disease transmitted from one person or animal to
another directly by contact with excreta or other discharges from the body, or indirectly via
substances or inanimate objects that may cause a public health emergency.
(c) “Community/Public Health Officer” means an agent of the Comprehensive Health
Division, or his or her designee(s), who is responsible for taking the appropriate actions in
order to prevent a public health emergency from occurring on the Reservation.
(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,
which is authorized to issue compulsory vaccinations, require isolation, and quarantine
individuals in order to protect the public health.
(e) “Director” means the Director of the Nation’s Emergency Management Department.
(f) “Emergency” means a situation that poses an immediate risk to health, life, safety,
property, or environment which requires urgent intervention to prevent further illness,
injury, death, or other worsening of the situation.
(g) “Emergency Management Network” means the entities, volunteers, consultants,
contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents
and large-scale disasters.
(h) “Emergency Response Plan” means the plan established to coordinate mitigation,
preparedness, response, and recovery activities for all emergency or disaster situations
within the Reservation.
(i) “Entity” means any agency, board, committee, commission, or department of the
Nation.
(j) “Fair Market Value” means the everyday cost of a product in an ordinary market,
absent of a disaster.
(k) “Isolation” means the separation of persons or animals presumably or actually infected
with a communicable disease, or that are disease carriers, for the usual period of
communicability of that disease in such places and under such conditions as will prevent
the direct or indirect transmission of an infectious agent to susceptible people or to those
who may spread the agent to others.
(l) “Nation” means the Oneida Nation.
(m) “National Incident Management System” or “NIMS” means the system mandated by
Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that
provides a consistent nationwide approach for federal, state, local, and tribal governments
to work effectively and efficiently together to prepare for, prevent, respond to, and recover
from domestic incidents, regardless of cause, size, or complexity.
(n) “Proclaim” means to announce officially and publicly.
(o) “Public Health Emergency” means the occurrence or imminent threat of an illness or
health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of
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people.
(p) “Quarantine” means the limitation of freedom of movement of persons or animals that
have been exposed to a communicable disease or chemical, biological, or radiological
agent, for a period of time equal to the longest usual incubation period of the disease or
until there is no risk of spreading the chemical, biological, or radiological agent. The
limitation of movement shall be in such manner as to prevent the spread of a communicable
disease or chemical, biological, or radiological agent.
(q) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(r) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the
judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities
of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.
(s) “Vital resources” means food, water, equipment, sand, wood, or other materials
obtained for the protection of life, property, and/or the environment during a proclaimed
emergency.
302.4. Emergency Management Department
302.4-1. The Emergency Management Department shall be responsible for planning and
coordinating the response to a disaster or emergency that occurs within the boundaries of the
Reservation.
302.4-2. Authority of the Director. The Director shall be responsible for coordinating and
planning the operational response to an emergency and is hereby empowered to:
(a) organize and coordinate efforts of the emergency management network of the Nation;
(b) implement the Emergency Response Plan as adopted by the Oneida Business
Committee;
(c) facilitate coordination and cooperation between entities and resolve questions that may
arise among them;
(d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments
to administer the best practices contained in the NIMS;
(e) coordinate the development and implementation of the NIMS within the Nation;
(f) ensure that the following occurs:
(1) an Emergency Response Plan is developed and maintained, and includes
training provisions for applicable personnel;
(2) emergency resources, equipment, and communications systems are developed,
procured, supplied, inventoried, and accounted for;
(g) establish the line of authority as recorded in the Emergency Response Plan as adopted
by the Oneida Business Committee; and
(h) enter into mutual aid and service agreements with tribal, local, state, and federal
governments, subject to Oneida Business Committee approval.
302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of
an emergency on the Reservation, the Director is hereby empowered:
(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon
approval of the Emergency Management purchasing agent, who is identified in the
Emergency Response Plan. If a person or business refuses to provide the resource(s)
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required, the Director may commandeer resources for public use and bind the Nation for
the fair market value thereof. In the event the purchasing agent is unavailable, the chain of
command, as approved by the Oneida Business Committee, shall be followed.
(b) to require emergency activities of as many members of the Nation and/or employees
as deemed necessary.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
by this law or by resolution adopted pursuant thereto, all powers conferred on the Director
by any agreement approved by the Oneida Business Committee, and to exercise complete
emergency authority over the Reservation.
(d) to coordinate with tribal, federal, state, and local authorities.
302.5. Emergency Management Operations Team
302.5-1. Establishment and Composition. There is hereby established an Emergency Management
Operations Team which shall consist of representatives from entities of the Nation as identified by
the Director.
302.5-2. Purpose. The Emergency Management Operations Team shall meet as necessary, as
determined by the Director, for the following purposes:
(a) assist the Director in drafting and maintaining the Emergency Response Plan; and
(b) assist the Director in the implementation of the provisions of this law or any plan issued
thereunder.
302.5-3. Expectations. Members of the Emergency Management Operations Team shall attend
meetings, or send a designee in their absence, and comply with any training requirements set forth
by the Director.
302.6. Entity Cooperation
302.6-1. All entities shall comply with reasonable requests from the Director relating to
emergency planning, emergency operations, and federal mandate compliance.
302.6-2. The Nation may implement more strict policies or requirements than those issued by the
Community/Public Health Officer.
302.7. Public Health Emergencies
302.7-1. In order to prevent a public health emergency, the Director and the Community/Public
Health Officer shall take action to limit the spread of any communicable disease, in accordance
with this law.
302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer
suspects or is informed of the existence of any communicable disease, the Community/Public
Health Officer shall investigate and make or cause examinations to be made, as are deemed
necessary.
302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of
quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee.
302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health
Officer shall act as necessary to protect the public including, but not limited to, the following
actions:
(a) Request the Director to take the necessary steps to have a public health emergency
proclaimed;
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(b) Quarantine, isolate, or take other communicable disease control measures upon an
individual(s); and
(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation.
302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately
quarantine, isolate, and/or take other communicable disease control measures upon an individual
if the Community/Public Health Officer receives a diagnostic report from a physician or a written
or verbal notification from an individual or his or her parent or caretaker that gives the
Community/Public Health Officer a reasonable belief that the individual has a communicable
disease that is likely to cause a public health emergency.
(a) If an individual is infected with a communicable disease and the Community/Public
Health Officer determines it is necessary to limit contact with the individual, all persons
may be forbidden from being in direct contact with the infected individual, except for those
persons having a special written permit from the Community/Public Health Officer.
(b) Any individual, including an authorized individual, who enters an isolation or
quarantine premises may be subject to isolation or quarantine under this law.
(c) When the Community/Public Health Officer deems it necessary that an individual be
quarantined, isolated, or otherwise restricted in a separate place, the Community/Public
Health Officer shall have that individual removed to such a designated place, if it can be
done without danger to the individual’s health.
302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health
emergency is proclaimed, the Community/Public Health Officer may do all of the following, as
necessary:
(a) organize the vaccination of individuals;
(1) The following types of individuals shall not be subject to a vaccination:
(A) an individual who the vaccination is reasonably likely to lead to serious
harm to the individual; and
(B) an individual, for reason of religion or conscience, refuses to obtain the
vaccination.
(b) isolate or quarantine individuals, including those who are unable or unwilling to receive
a vaccination; and
(c)
prevent any individual, except for those individuals authorized by the
Community/Public Health Officer, from entering an isolation or quarantine premises.
302.7-7. The Oneida Police Department shall take enforcement action when necessary and work
with the Community/Public Health Officer to execute the Community/Public Health Officer’s
orders and properly guard any place if quarantine, isolation, or other restrictions on communicable
disease are violated or intent to violate becomes apparent.
302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected
individual shall be charged against the individual or whoever is liable for the individual’s care and
support.
302.8. Proclamation of an Emergency
302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible
for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or
presidential declaration.
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(a) The Director may request that the Oneida Business Committee proclaim the existence
of an emergency. The Oneida Business Committee may proclaim the existence of an
emergency without a request from the Director, if warranted.
(b) In the event the Oneida Business Committee is unable to proclaim or ratify the
existence of an emergency, the Director may proclaim an emergency which shall be in
effect until such time the Oneida Business Committee can officially ratify this declaration.
302.8-2. No proclamation of an emergency by the Oneida Business Committee or the Director
may last for longer than sixty (60) days, unless the proclamation of emergency is extended by the
Oneida Business Committee.
302.8-3. Management Network. The emergency management network of the Reservation shall
be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.
302.8-4. Emergency Briefings. Within forty-eight (48) hours of an emergency, the Director shall
prepare, or shall work in conjunction with the appropriate entity to prepare, an emergency briefing
to be presented to the Oneida Business Committee regarding the status of the emergency, actions
taken to address the emergency, and the activation of the Emergency Response Plan. The Oneida
Business Committee may direct the Director to provide additional emergency briefings.
302.8-5. Preliminary Emergency Assessment Report. After an emergency has subsided, the
Director shall prepare, or shall work in conjunction with the appropriate entity to prepare, a
preliminary emergency assessment report to be presented to the Oneida Business Committee, any
interested entity, and the public. This report shall be presented to the required parties no later than
thirty (30) days after the emergency has subsided, unless an extension is granted by the Oneida
Business Committee.
302.8-6. After-Action Report. After an emergency has subsided, the Director shall prepare, or
shall work in conjunction with the appropriate entity to prepare, an after-action report to be
presented to the Oneida Business Committee, any interested entity, and the public. This report
shall be presented to the required parties no later than ninety (90) days after the emergency has
subsided, unless an extension is granted by the Oneida Business Committee.
302.8-7. During a proclaimed emergency, the Conservation Department shall be responsible for
the care, disposal, and sheltering of all abandoned domestic animals and livestock. The
Conservation Department may delegate this responsibility to a contracted agency.
302.9. Emergency Core Decision Making Team
302.9-1. Emergency Core Decision Making Team. Upon the proclamation of an emergency under
this law, the Oneida Business Committee may establish an Emergency Core Decision Making
Team through the adoption of a motion. The motion shall identify the positions of the Nation which
shall make up the members of the Emergency Core Decision Making Team based on the type and
severity of emergency the Nation is experiencing.
302.9-2. Delegation of Authority. The Emergency Core Decision Making Team shall have
emergency authority to take the following actions:
(a) Notwithstanding any requirements of the Legislative Procedures Act, declare
exceptions to the Nation’s laws during the emergency period which will be of immediate
impact for the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees; and
(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard
operating procedures, declare exceptions to any policy, procedure, regulation, or standard
operating procedure during the emergency period which will be of immediate impact for
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the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees.
302.9-3. Declarations. All declarations made by the Emergency Core Decision Making Team
shall:
(a) be written on the Nation’s letterhead;
(b) provide the date the declaration was issued;
(c) contain a clear statement of the directives;
(d) provide the date the directive shall go into effect;
(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the
Chairperson’s absence; and
(f) be posted on the Nation’s website.
302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making
Team. Any declaration made under the authority granted in this section shall be effective upon
the date declared by the Emergency Core Decision Making Team and shall be effective for the
duration of any proclaimed emergency, or for a shorter time period if identified.
302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a
declaration being made, the Emergency Core Decision Making Team shall provide notification of
the declaration to the Oneida Business Committee.
302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or
emergency action taken by the Emergency Core Decision Making Team.
302.10. Enforcement and Penalties
302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct,
hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued
thereunder, whether or not an emergency has been proclaimed.
302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who
violates a provision of this law.
(a) A citation for a violation of this law shall be processed in accordance with the procedure
contained in the Nation’s laws and policies governing citations.
(b) The Oneida Business Committee shall adopt through resolution a citation schedule
which sets forth specific fine amounts for violations of this law.
(c) The Trial Court shall have jurisdiction over any action brought under this law.
302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work
hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action
in accordance with the Nation’s laws and policies governing employment.
(a) An employee of the Nation who is disciplined under this law may appeal the
disciplinary action in accordance with the Nation’s laws and policies governing
employment.
End.
Adopted - BC-07-15-98-A
Amended - BC-12-20-06-G
Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))
Amended - BC-05-13-09-F
Emergency Amended – BC-03-17-20-E (COVID-19)
Extension of Emergency – BC-08-26-20-A
3 O.C. 302 – Page 7
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Amended – BC-03-10-21-A
Emergency Amended – BC-09-14-22-B
Amended – BC-__-__-__-__
3 O.C. 302 – Page 8
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EMERGENCY MANAGEMENT LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
Analysis by the Legislative Reference Office
Eliminate the Oneida Nation Emergency Planning Committee and replace
it with an Emergency Management Operations Team. [3 O.C. 302.5-1];
Provide that members of the Emergency Management Operations Team
shall attend meetings, or send a designee in their absence, and comply
with any training requirements set forth by the Emergency Management
Director. [3 O.C. 302.5-3];
Require that within forty-eight (48) hours of an emergency, the
Emergency Management Director shall prepare, or shall work in
conjunction with the appropriate entity to prepare, an emergency briefing
to be presented to the Oneida Business Committee regarding the status of
the emergency, actions taken to address the emergency, and the activation
of the Emergency Response Plan. [3 O.C. 302.8-4];
Allow the Oneida Business Committee to direct the Emergency
Management Director to provide additional emergency briefings to the
Oneida Business Committee. [3 O.C. 302.8-4];
Require that within thirty (30) days of an emergency subsiding, unless
additional time is granted by the Oneida Business Committee, the
Emergency Management Director shall prepare, or shall work in
conjunction with the appropriate entity to prepare, a preliminary
emergency assessment report to be presented to the Oneida Business
Committee, any interested entity, and the public. [3 O.C. 302.8-5];
Extend the amount of time for the Emergency Management Director to
prepare and present an after-action report to the Oneida Business
Committee, any interested entity, and the public, from sixty (60) days to
ninety (90) days. [3 O.C. 302.8-6].
To provide for the development and execution of plans for the protection of
residents, property, and the environment in an emergency or disaster; to
provide for the direction of emergency management, response, and recovery
on the Reservation; as well as coordination with other agencies, victims,
businesses, and organizations; to establish the use of the National Incident
Management System (NIMS); and to designate authority and responsibilities
for public health preparedness. [3 O.C. 302.1-1]
Emergency Management Operations Team, Emergency Management
Director, Oneida Business Committee
A public meeting was held on December 13, 2022. The public comment
period was held open until December 20, 2022.
A fiscal impact statement has not yet been requested.
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period. The emergency amendments
to this law will expire on March 14, 2022.
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Emergency Management law (“the Law”) was first adopted by the Oneida Business
Committee on July 15, 1998,(formally known as the Emergency Management and Homeland Security
law) and most recently amended on March 10, 2021. The Law provides for the development and
execution of plans for the protection of residents, property, and the environment in an emergency or
disaster; to provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and organizations; to
establish the use of the National Incident Management System (NIMS); and to designate authority and
responsibilities for public health preparedness. [3 O.C. 302.1-1].
B. Adoption of Emergency Amendments. On June 15, 2022, the Oneida Nation and surrounding areas
experienced a severe thunderstorm, high winds and tornados affecting power, damaging homes and
businesses, and impacting access through downed trees causing multiple buildings and much of the
programs and services of the Nation to be negatively impacted through damage to buildings, lack of
power and utilities, and inability of employees to come to work as a result of the same impact on their
homes. The Oneida Business Committee declared an emergency resulting from the damages caused by
the June 15, 2022, severe weather through the adoption of resolution BC-06-20-22-A, Declaration of
Emergency Resulting from the Damages Caused by the June 15, 2022, Severe Weather and Tornado.
On June 24, 2022, the Oneida Business Committee storm held an emergency debrief session with the
Emergency Management Director, and in that meeting it was identified that amendments to the
Emergency Management law would be needed to address the Oneida Nation Emergency Planning
Committee, and the difficulties of composing this Team to meet the needs of the Nation for an
emergency response. The Legislative Operating Committee added these amendments to its Active Files
List on July 6, 2022, and determined that these amendments should be pursued on an emergency basis.
The Oneida Nation Emergency Planning Committee assists the Emergency Management Director
in drafting and maintaining the Emergency Response Plan, and at the request of the Emergency
Management Director, the Oneida Nation Emergency Planning Committee shall provide assistance
to the Emergency Management Director in the implementation of the provisions of this law or any
plan issued thereunder. The Oneida Nation Emergency Planning Committee shall consist of
representatives from entities and a community representative as identified in the Oneida Nation
Emergency Planning Committee bylaws.
Some of the positions identified in the Bylaws are direct reports to the Oneida Business Committee
or General Manager, or are employees of the Nation’s Internal Audit Department, Finance
Administration, Law Office, Business Committee Support Office, or Intergovernmental Affairs and
Communications. Currently, section 105.15-3 of the Boards, Committees, and Commissions law
provides that direct reports to the Oneida Business Committee or General Manager, or are
employees of the Nation’s Internal Audit Department, Finance Administration, Law Office,
Business Committee Support Office, or Intergovernmental Affairs and Communications are
ineligible to serve on an appointed or elected boards, committee, or commission of the Nation.
Amendments to the Law are being sought to address the Oneida Nation Emergency Planning
Committee since it is essential that direct reports and employees of those designated areas
participate on this committee in order to achieve the best emergency response for the Nation.
The emergency adoption of amendments to this Law were necessary for the preservation of the
safety and general welfare of the Reservation population in order to ensure that the Nation can
adequately respond to emergencies that occur by ensuring that there is an Emergency Management
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Operations Team that can assist the Emergency Management Director in drafting and maintaining
the Emergency Response Plan., as well as assist the Emergency Management Director in the
implementation of the provisions of this law or any plan issued thereunder.
Observance of the requirements under the Legislative Procedures Act for adoption of the
emergency amendments to this Law were contrary to public interest since the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the
Emergency Management Operations Team can be established and prepared to aid in the emergency
response prior to the next emergency occurring within the Nation.
The Oneida Business Committee adopted emergency amendments to the Emergency Management
law on September 14, 2022, through the adoption of resolution BC-09-14-22-B. The emergency
amendments to the Emergency Management law will expire on March 14, 2022.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
emergency amendments to this Law and legislative analysis:
Emergency Management Department;
General Manager; and
Government Administrative Office.
B. The following laws were reviewed in the drafting of this analysis:
Emergency Management law; and
Boards, Committees, and Commissions law.
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SECTION 4. PROCESS
A. The development of the proposed amendments to the Emergency Management law complies with the
process set forth in the Legislative Procedures Act (LPA).
On July 6, 2022, the Legislative Operating Committee added the Law to its Active Files List.
On September 7, 2022, the Legislative Operating Committee approved the Emergency
Management law emergency amendments adoption packet and forward these materials to the
Oneida Business Committee for consideration.
On September 14, 2022, the Oneida Business Committee adopted resolution BC-09-14-22-B
entitled, Emergency Amendments to the Emergency Management Law.
On October 5, 2022, the Legislative Operating Committee approved the draft of the proposed
amendments to the Emergency Management law and directed that a legislative analysis be
completed.
On October 19, 2022, the Legislative Operating Committee approved the legislative analysis.
On November 2, 2022, the Legislative Operating Committee approved the public meeting packet
and forwarded the Emergency Management law amendments to a public meeting to be held on
December 13, 2022.
On December 13, 2022, the Legislative Operating Committee held a public meeting on the
proposed amendments to the Law in the Norbert Hill Center’s Executive Conference room as well
as on Microsoft Teams. No one provided public comments during the public meeting. The public
comment period was held open until December 20, 2022. No written submissions of public
comments were received during the public comment period.
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On January 4, 2023, the Legislative Operating Committee accepted the public comment review
memorandum identifying no public comments were received.
B. The Legislative Operating Committee has held the following work meetings specific to the proposed
emergency amendments to this Law:
July 18, 2022: Work Session with Governmental Administrative Office, General Manager, and
Emergency Management Department.
August 2, 2022: Work Session with Governmental Administrative Office, General Manager, and
Emergency Management Department.
August 25, 2022: Work Session with Governmental Administrative Office, General Manager, and
Emergency Management Department.
August 25, 2022: LOC work session.
August 30, 2022: LOC work session with the Emergency Management Department.
October 4, 2022: Work Session with Gaming General Manager and Staff, General Manager,
Finance Administration, and the Emergency Management Director.
November 4, 2022: Work session with Finance Administration, Gaming General Manager, Gaming
Management, General Manager, Retail General Manager, Emergency Management Director.
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SECTION 5. CONTENTS OF THE LEGISLATION
A. Emergency Management Operations Team. Previously the Law provided that there be an Oneida
Nation Emergency Planning Committee which consisted of representatives from entities and a
community representative as identified in the Oneida Nation Emergency Planning Committee bylaws
as approved by the Oneida Business. The proposed amendments to the Law eliminate the Oneida Nation
Emergency Planning Committee and replace it with an Emergency Management Operations Team. [3
O.C. 302.5-1]. The Emergency Management Operations Team consists of representatives from entities
as identified by the Emergency Management Director. Id. The purpose of the Emergency Management
Operations Team remains the same as the purpose of the Oneida Nation Emergency Planning
Committee, which is to assist the Emergency Management Director in drafting and maintaining the
Emergency Response Plan, as well as to assist the Emergency Management Director in the
implementation of any provision of the Law or any plan issued thereunder. [3 O.C. 302.5-2].
Additionally, a new provision added to the Law sets expectations for the Emergency Management
Operations Team by providing the requirement that members attend meetings, or send a designee in
their absence, and comply with any training requirements set forth by the Emergency Management
Director. [3 O.C. 302.5-3].
Effect. The proposed amendments to the Law replace the Oneida Nation Emergency Planning
Committee with the Emergency Management Operations Team. This revision demonstrates
that the Nation is better suited with the Emergency Management Operations Team which exists
not as a board, committee, or commission of the Nation, but instead as a network of different
employee positions throughout the Nation that all have a responsibility to aid in the Nation’s
response to emergencies. This eliminates the previous difficulty in composing this Team to
meet the needs of the Nation for an emergency response since a conflict with section 105.15-3
of the Boards, Committees, and Commissions law no longer exists, and the direct reports and
employees of those designated areas can now participate on this Emergency Management
Operations Team to achieve the best emergency response for the Nation.
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B. Emergency Briefings. A new provision was added to the Law which requires that within forty-eight
(48) hours of an emergency, the Emergency Management Director shall prepare, or shall work in
conjunction with the appropriate entity to prepare, an emergency briefing to be presented to the Oneida
Business Committee regarding the status of the emergency, actions taken to address the emergency,
and the activation of the Emergency Response Plan. [3 O.C. 302.8-4]. The Oneida Business Committee
may then direct the Director to provide additional emergency briefings. Id.
Effect. The new provision ensures that the Emergency Management Director is briefing the
Oneida Business Committee on the status of the emergency, actions taken to address the
emergency, and the activation of the Emergency Response Plan so that the Oneida Business
Committee stays informed on an emergency occurring within the Nation in an effort to make
better policy decisions and provide greater communication to the community.
C. Preliminary Emergency Assessment Report. A new provision was added to the Law which requires
that after an emergency has subsided, the Director shall prepare, or shall work in conjunction with the
appropriate entity to prepare, a preliminary emergency assessment report to be presented to the Oneida
Business Committee, any interested entity, and the public. [3 O.C. 302.8-5]. This report is required to
be presented to the parties no later than thirty (30) days after the emergency has subsided, unless an
extension is granted by the Oneida Business Committee.
Effect. The new provision to the Law ensures the Emergency Management Director is
providing the Oneida Business Committee, any interested entity, and the public with a
preliminary report that reviews the Nation’s response to an emergency and identifies any areas
in which the response could have been improved. Providing this information in a preliminary
emergency assessment report allows the Nation to be best prepared in how to improve
emergency response, in case an additional emergency occurs before the full analysis of a
particular emergency response can be provided in the after-action report.
D. Extension of the Timeframe for an After-Action Report. Previously, the Law provided that after an
emergency has subsided, the Emergency Director shall prepare, or shall work in conjunction with the
appropriate entity to prepare, an after-action report to be presented to the Oneida Business Committee,
any interested entity, and the public no later than sixty (60) days after the emergency has subsided,
unless an extension is granted by the Oneida Business Committee. The amendments to the Law extend
the timeframe for when an after-action report is required to be presented from sixty (60) days to ninety
(90) days. [3 O.C. 302.8-6].
Effect. The amendments to the Law provide the Emergency Management Director additional
time to prepare an after-action report to be presented to the Oneida Business Committee, any
interested entity, and the public. The Emergency Management Director informed the
Legislative Operating Committee that sixty (60) days is not a sufficient time allowance to
complete this report, especially when there are times that information needs to be collected
from other agencies to be included in the report.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption
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of laws of the Nation which includes taking into account comments from members of the
Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of these proposed emergency amendments conform with the requirements of
the Legislative Procedures Act.
Boards, Committees, and Commissions Law. The Boards Committees and Commissions law
governs boards, committees, and commissions of the Nation, including the procedures
regarding the appointment and election of persons to boards, committees and commissions,
creation of bylaws, maintenance of official records, compensation, and other items related to
boards, committees and commissions. [1 O.C. 105.1-1].
The Boards, Committees, and Commissions law provides that direct reports to the
Oneida Business Committee or General Manager, or are employees of the Nation’s
Internal Audit Department, Finance Administration, Law Office, Business Committee
Support Office, or Intergovernmental Affairs and Communications are ineligible to
serve on an appointed or elected boards, committee, or commission of the Nation. [1
O.C. 105.15-3].
Page 6 of 7
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The proposed amendments to the Law replace the Oneida Nation Emergency Planning
Committee with the Emergency Management Operations Team to eliminate any
conflict with section 105.15-3 of the Boards, Committees, and Commissions law.
221
SECTION 7. OTHER CONSIDERATIONS
222
A. Deadline for Permanent Adoption of Legislation. The emergency amendments to the Law will expire
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on March 14, 2022. The emergency legislation may be renewed for an additional six (6) month period.
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Conclusion: The Legislative Operating Committee will need to determine if the adoption of these
225
amendments is necessary on a permanent basis, and if so, develop the permanent amendments to
226
this Law within the next six (6) to twelve (12) months.
227
B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
228
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC229
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
230
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
231
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
232
completing the fiscal impact statement.
233
Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
234
statement be completed.
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Page 7 of 7
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Oneida Nation
OODODO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn,gov
TO:
FROM:
DATE:
RE:
~
Oneida Business Committee
Legislative Operating Committee
Keith Doxtator, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
David P. Jordan, Legislative Operating Committee Chairman
January 18, 2023
Emergency Management Law Amendments Fiscal Impact Statement
The Legislative Operating Committee (LOC) is cun-ently developing amendments to the
Emergency Management law. The Legislative Procedures Act requires that a fiscal impact
statement be provided for all proposed legislation of the Nation. [1 0. C. 109. 6-1 ]. The fiscal
impact statement is an estimate of the total fiscal year financial effects associated with the proposed
legislation, and should include:
■
startup costs;
■
personnel;
■
office costs;
■
documentation costs; and
■
an estimate of the amount of time necessary for an individual or agency to comply with the
law after implementation. [1 O.C. 109.3-l(c)].
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
legislation being forwarded to the Oneida Business Committee for consideration. [1 0. C. 109. 62]. The fiscal impact statement provides the Oneida Business Committee information on what the
potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the
Nation.
The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or
any agency who may administer a program if the legislation is enacted or may have financial
information concerning the subject matter of the legislation to submit a fiscal impact statement. [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 the process
for directing a fiscal impact statement be completed. This resolution provides that upon final
approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide
a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for
inclusion in adoption materials.
On January 18, 2023, the Legislative Operating Committee approved the final draft of the proposed
amendments to the Emergency Management law. Therefore, the LOC is directing the Finance
Department to provide a fiscal impact statement on the proposed Emergency Management law
amendments by February 15, 2023.
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A copy of the proposed Emergency Management law amendments, as well as the legislative
analysis, have been attached to this memorandum for your convenience.
Requested Action
Provide the LOC a fiscal impact statement of the proposed Emergency Management law
amendments law by Februmy 15, 2023.
A good mind. A good heart A strong fire.
Page 2 of 2
~
ONEIDA
32 of 45
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 18, 2023
Petition: M. Cornelius - Chief
Financial Officer Position
Submission Date: 12/7/22
LOC Sponsor: Jennifer Webster
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following: (1) Cease the hiring process for a CFO immediately. (2) An
inperson GTC meeting be held within 60 days of receipt of this petition to address the
employment related issues with the current CFO and current Assistant CFO. (3) No changes
to the employment status of the current CFO and Assistant CFO until decided by the
GTC at the requested meeting in point #2.
11/30/22 OBC: Marie Cornelius to acknowledge receipt of the petition from Mae Cornelius regarding the
Chief Financial Officer position; to direct the BC Direct Report Offices to complete and
submit their administrative impact statements of the petition to the Secretary mailbox by
Friday, December 16, 2022; and to direct the Law, Finance, and Legislative Reference Offices
to complete, respectively, the legal review, fiscal impact statement, and statement of effect
with status updates to be submitted for the January 25, 2022, regular Business Committee
meeting agenda and the first BC meeting of the month thereafter or until the final documents
are submitted, seconded by Lisa Liggins. Motion carried.
12/7/22 LOC: Motion Marie Cornelius to add the Petition: M. Cornelius – Chief Financial Officer Position
to the Active Files List with Jennifer Webster as the sponsor; seconded by Kirby Metoxen.
Motion carried unanimously.
12/28/22 OBC: Motion by Lisa Liggins to accept the legal review regarding the Mae Cornelius re: Chief
Financial Officer Position petition and direct the Secretary to provide notice to the petitioner,
seconded by Jennifer Webster. Motion carried. [Legal Review determined petition was not
valid.]
Next Steps:
Accept the memorandum and remove the Petition: M. Cornelius – Chief Financial Officer
Position from the Active Files List.
Page 1 of 1
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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°'\
=DDODOO
ONEIDA
Legislative Operating Committee
Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office�
January 18, 2023
/Y,,
Petition: M. Cornelius - ChiefFinancial Officer Position
·f--
A petition was submitted by Mae Cornelius on October 28, 2022, with the following summary of
purpose:
1. Cease the hiring process for a CFO immediately.
2. An inperson [sic] GTC meeting be held within 60 days ofreceipt ofthis petition to address
the employment related issues with the current CFO and current Assistant CFO.
3. No changes to the employment status ofthe current CFO and Assistant CFO until decided
by the GTC at the requested meeting in point #2.
This petition was then verified by the Oneida Trust Enrollment Department on October 28, 2022.
On November 30, 2022, the Oneida Business Committee then took action to acknowledge receipt
ofthe petition from Mae Cornelius regarding the ChiefFinancial Officer position; to direct the BC
Direct Rep01i Offices to complete and submit their administrative impact statements ofthe petition
to the Secretary mailbox by Friday, December 16, 2022; and to direct the Law, Finance, and
Legislative Reference Offices to complete, respectively, the legal review, fiscal impact statement,
and statement of effect with status updates to be submitted for the January 25, 2023, regular
Business Committee meeting agenda and the first BC meeting ofthe month thereafter or until the
final documents are submitted.
The Legislative Operating Committee then added the Petition: M Cornelius - Chief Financial
Officer Position to its Active Files List on December 7, 2022, for a statement of effect to be
developed by the Legislative Reference Office.
At the December 28, 2022, Oneida Business Committee meeting, the legal opinion was received
from ChiefCounsel JoAnne House. The legal opinion concludes that the Petition: M Cornelius Chief Financial Officer Position cannot be presented to the General Tribal Council as it violates
the Constitution and laws of the Oneida Nation and is the subject of authority delegated to other
governmental bodies. The Oneida Business Committee then took action to accept the legal opinion
and its conclusions, which ultimately concluded the petition.
The Legislative Reference Office then received correspondence from the Oneida Business
Committee which provided that since the Petition: M Cornelius - Chief Financial Officer
Position has been concluded as a result of the legal opinion, the submission of a statement of
effect is no longer required. The Petition: M Cornelius - Chief Financial Officer Position can
now be removed from the Legislative Operating Committee's Active Files List.
Requested Action
Remove the Petition: M Cornelius - ChiefFinancial Officer Position from the Active Files List.
Page 1 of 1
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34 of 45
Oneida Nation
"'
Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 18, 2023
Petition: N. Barton - $2,500 GWA
Payment for Three Years
Submission Date: 12/7/22
LOC Sponsor: Marie Cornelius
Summary: This petition calls for a special General Tribal Council (GTC) meeting to be
called to consider the following: (1) GWA payment of $2500 for three (3) years to be paid to
all enrolled Nation members. (2)The first payment to be made on or before September 30, 2023
and on or before September 30, of each subsequent fiscal year through 2025.
11/30/22 OBC: Motion by Marie Cornelius to acknowledge receipt of the petition from Nancy Barton
regarding $2,500 GWA payment for 2023-2025; to direct the BC Direct Report Offices to
complete and submit their administrative impact statements of the petition to the Secretary
mailbox by Friday, December 16, 2022; and to direct the Law, Finance, and Legislative
Reference Offices to complete, respectively, the legal review, fiscal impact statement, and
statement of effect with status updates to be submitted for the January 25, 2022, regular
Business Committee meeting agenda and the first BC meeting of the month thereafter or until
the final documents are submitted, seconded by Jennifer Webster. Motion carried.
12/7/22 LOC: Motion Marie Cornelius to add the Petition: N. Barton – $2,500 GWA Payment for Three (3)
Years to the Active Files List with Marie Cornelius as the sponsor; seconded by Jenifer
Webster. Motion carried unanimously.
Next Steps:
Accept the statement of effect for Petition: N. Barton - $2,500 GWA Payment for Three
Years and forward to the Oneida Business Committee.
Page 1 of 1
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35 of 45
Oneida Nation
"
Oneida Business Committee
Legislative Operating Committee
GDDDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Statement of Effect
Petition: N. Barton – $2,500 GWA Payment for Three (3) Years
Summary
This petition requests the General Tribal Council to consider directing a general welfare assistance
payment of two thousand five hundred dollars ($2,500) for three (3) years to be paid to all enrolled
Nation members, with the first payment to be made on or before September 30, 2023, and on or
before September 30th, of each subsequent fiscal year through 2025.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: January 13, 2023
Analysis by the Legislative Reference Office
On November 14, 2022, the Petition: N. Barton - $2,500 GWA Payment for Three (3) Years (“the
Petition”) was submitted to the Business Committee Support Office by Nancy Barton and has since
been verified by the Oneida Trust Enrollment Department. On November 30, 2022, the Oneida
Business Committee acknowledged receipt of the Petition and directed that the Legislative
Reference Office complete a statement of effect for the Petition with status updates to be submitted
for the January 25, 2023, regular Business Committee meeting agenda and the first Business
Committee meeting of the month thereafter or until the final documents are submitted.
The purpose of this Petition is to call a special meeting of the General Tribal Council to consider
the following:
1. A GWA payment of $2500 for three (3) years to be paid to all enrolled Nation Members.
2. The first payment to be made on or before September 30, 2023 and on or before
September 30, of each subsequent fiscal year through 2025.
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
Development of an Approved Program in accordance with the Oneida General Welfare Law
The Petition requests the General Tribal Council to consider a “GWA payment of $2500 for three
(3) years to be paid to all enrolled Nation Members.” The reference to a “GWA payment” means
a general welfare assistance payment, as provided for in the Oneida General Welfare law.
The Oneida General Welfare law was adopted by the Oneida Business Committee on December
8, 2021, through the adoption of resolution BC-12-08-21-A. 1 The purpose of the Oneida General
The Oneida General Welfare law was originally adopted on an emergency basis through resolution BC-08-12-20-D.
Emergency amendments to the Oneida General Welfare law were then adopted through resolution BC-02-10-21-B.
Those emergency amendments to the Law were then extended through resolution BC-07-28-21-M. The Oneida
General Welfare law was adopted on a permanent basis through BC-12-08-21-A.
1
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Welfare law is to govern how the Nation provides assistance to eligible members on a non-taxable
basis, pursuant to the principles of the General Welfare Exclusion. [10 O.C. 1001.1-1]. The federal
government through the Tribal General Welfare Exclusion Act of 2014, codified at 26 U.S.C
§139E and the Internal Revenue Service, through its traditional application of the general welfare
doctrine and subsequent guidance, has recognized the sovereign right of Indian tribal governments
to provide financial assistance to its members under an approved program for the promotion of the
general welfare of the Nation that is excludable from the gross income of those recipients, and
thereby non-taxable. [10 O.C. 1001.1-1(a), 1001.4-1].
The principle of General Welfare Exclusion provides that any assistance shall be treated as nontaxable under federal law so long as it:
Satisfies the requirements for exclusion under 26 U.S.C. §139E;
Is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35
or subsequent Internal Revenue Service procedures or regulations; or
Meets the criteria of the General Test under the I.R.S. General Criteria of General Welfare
exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1). [10 O.C. 1001.4-1(a)-(c)].
The General Test provides criteria used to determine if any assistance provided through an
approved program to a recipient shall be treated as a General Welfare Exclusion. The criteria of
the General Test include the following:
The assistance is paid on behalf of the Nation;
The assistance was provided pursuant to an approved program;
The assistance does not discriminate in favor of members of the governing body of the
Nation;
The assistance is available to any member who meets the guidelines of the approved
program;
The assistance is provided for the promotion of general welfare;
The assistance is not lavish or extravagant;
The assistance is not compensation for services; and
The assistance is not a per capita payment. [10 O.C. 1001.4-2(a)-(h)].
In order for assistance provided by the Nation under the principle of General Welfare Exclusion
to qualify as non-taxable to the fullest extent permitted at law, it must occur through an approved
program. [10 O.C. 1001.4-3]. Approved programs are established and operated to promote the
general welfare of the Nation, including programs designed to enhance the promotion of health,
education, self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment. [10 O.C. 1001.4-3(a)]. Each approved program is limited to
purposes consistent with treatment under the General Welfare Exclusion as to purpose, eligibility,
and funding, and all approved programs of the Nation are required to meet all criteria of the
General Test. [10 O.C. 1001.4-3(b)-(d)]. An approved program created by the Nation is required
to be adopted by the Oneida Business Committee through either a resolution or a law of the Nation.
[10 O.C. 1001.5-1].
The Oneida General Welfare law provides for when an approved program of the Nation is required
to be adopted through law or resolution. An approved program is required to be adopted by the
Oneida Business Committee through a law of the Nation if it is intended that the approved program
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will function on a permanent basis. [10 O.C. 1001.5-1(a)]. Adoption of an approved program by
the Oneida Business Committee through a law of the Nation is required to follow and comply with
the process and procedures of the Legislative Procedures Act. [10 O.C. 1001.5-1(a)(1)]. An
approved program shall be adopted by the Oneida Business Committee through a resolution if the
approved program will function for a limited term. [10 O.C. 1001.5-1(b)]. A limited term means
the program will have a defined start and end date, or the approved program will utilize third-party
funding and is not intended to function on a permanent basis. [10 O.C. 1001.3-1(d)]. An approved
program to be considered for adoption through resolution by the Oneida Business Committee shall
be accompanied by a statement of effect and submitted in accordance with the Oneida Business
Committee’s submission procedure and deadlines. [10 O.C. 1001.5-1(b)(1)]. The law or resolution
establishing an approved program of the Nation is required to contain the following information:
Name of the approved program;
Purpose of the approved program;
Eligibility rules and limitations for approved program;
Funding source for approved program;
How the approved program qualifies for General Welfare Exclusion; and
Start and end date of approved program, if applicable. [10 O.C. 1001.5-1(c)(1)-(6)].
Once an approved program is developed and adopted by the Oneida Business Committee, any
assistance provided by an approved program is limited to members of the Nation. [10 O.C. 1001.52]. Each approved program is required to set forth any specific eligibility rules and limitations
applied to that program. [10 O.C. 1001.5-2]. Although approved programs of the Nation are
limited to members of the Nation, the member of the Nation still has to meet the eligibility or
guidelines of each specific approved program prior to receiving assistance from that approved
program. Therefore, making an assistance payment to every member of the Nation as requested by
the Petition may not be possible as not every member of the Nation may meet the eligibility or
guidelines of an approved program.
All assistance provided through an approved program is required to be used for the purpose stated
in the approved program description. [10 O.C. 1001.5-4]. If assistance is used or pledged for a
purpose inconsistent with the purpose set forth in an approved program the payment shall be
deemed forfeited. Id. The Nation may secure repayment from any recipient who forfeited their
assistance. Id. Assistance provided to a member through an approved program shall not be subject
to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment, or
garnishment by creditors of the member. [10 O.C. 1001.5-5].
The Nation does not guarantee assistance under the Oneida General Welfare law. [10 O.C. 1001.61]. Assistance shall not be treated as a resource or asset of a recipient for any purpose; and no
recipient shall have an interest in or right to any funds budgeted for, or set aside for, approved
programs until paid. [10 O.C. 1001.6-1]. The Oneida Business Committee reserves the right to
cancel, adjust, modify, or revoke any benefit. [10 O.C. 1001.6-2].
Therefore, in order for any assistance payments to be made in accordance with the Oneida General
Welfare law as requested by the Petition, an approved program first has to be developed and
adopted by the Oneida Business Committee. There is insufficient information provided in the
Petition to determine if an approved program can be properly developed in accordance with the
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requirements of the Oneida General Welfare law, such as what the purpose of this approved
program would be; the eligibility rules and limitations for the approved program beyond just
enrollment in the Nation, if any; and how the approved program qualifies for General Welfare
Exclusion and meets the criteria of the General Test. [10 O.C. 1001.4-3, 1001.5-1(c)(1)-(6)].
The Petition is also not specific enough to inform whether the requested assistance payment of two
thousand five hundred dollars ($2,500) would occur through a new or existing approved program
of the Nation. The Nation has utilized various approved programs to provide assistance to its
members including, but not limited to, the following:
Oneida Nation Assistance Fund. The Oneida Nation Assistance Fund law was adopted by
the Oneida Business Committee to establish the Oneida Nation Assistance Fund to govern
how the Nation provides financial assistance to its members, pursuant to the Oneida
General Welfare law. [10 O.C. 1003.1-1]. The purpose of the Oneida Nation Assistance
Fund is to provide financial assistance to members of the Nation to address the general
welfare needs of members. [10 O.C. 1003.4-1]. This is a permanent approved program of
the Nation. Any individual who is a member of the Nation; is age eighteen (18) or older;
and submits a completed application during the designated submission timeframe is
eligible to receive assistance from the Oneida Nation Assistance Fund. [10 O.C. 1003.51]. The Oneida Nation Assistance Fund is funded through the Nation’s annual budget, and
by any other funding source deemed necessary by the Oneida Business Committee. [10
O.C. 1003.6-1]. The Oneida Business Committee is responsible for determining the
amount of assistance available to an eligible recipient from the Oneida Nation Assistance
Fund per any permitted distribution. [10 O.C. 1003.6-2].
Elder Assistance Program. The Elder Assistance Program law was adopted by the Oneida
Business Committee to establish the Elder Assistance Program to govern how the Nation
provides financial assistance to elders, pursuant to the Oneida General Welfare law. [10
O.C. 1002.1-1]. The purpose of the Elder Assistance Program is to provide financial
assistance to elders of the Nation to address the unique and compounding general welfare
needs of elders. [10 O.C. 1002.4-1]. This is a permanent approved program of the Nation.
Any individual who is a member of the Nation; is age sixty-five (65) or older; and submits
a completed application during the designated submission timeframe is eligible to receive
assistance from the Oneida Nation Assistance Fund. [10 O.C. 1002.5-1]. The Elder
Assistance Program is funded through the Elder, Education and General Welfare Trust
Fund, which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund.
[10 O.C. 1002.6-1]. The Oneida Trust Enrollment Committee is responsible for
determining the amount of assistance available to an eligible recipient from the Elder
Assistance Program per any permitted distribution. [10 O.C. 1002.6-2].
Oneida Life Insurance Plan. The Oneida Life Insurance Plan law was adopted by the
Oneida Business Committee to provide a death benefit through the Oneida Life Insurance
Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law. [10 O.C. 1004.1-1]. This is a permanent approved program of the
Nation. All members of the Nation shall qualify for benefits from the Oneida Life Insurance
Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary. [10 O.C. 1004.5-1].
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Oneida Nation Food Assistance Program. The Oneida Business Committee adopted
resolution BC-09-01-22-A, Oneida Nation Food Assistance Program – An Oneida General
Welfare Exclusion Program, which established the Oneida Nation Food Assistance
Program as an approved program of the Nation in accordance with the Oneida General
Welfare law for the purpose of providing financial assistance to members of the Nation to
aid them with the rising costs of healthy food prices to ensure that their general welfare
needs can continue to be met. This approved program was set to function for a limited term.
This resolution identified that for the 2022 distribution of the Oneida Nation Food
Assistance Program, any enrolled member of the Nation who is at least eighteen (18) years
of age or older on or before December 31, 2022, shall be eligible for assistance from the
Oneida Nation Food Assistance Program, while for the 2023 distribution any enrolled
member of the Nation who is at least eighteen (18) years of age or older on or before
December 31, 2023, shall be eligible for assistance from the Oneida Nation Food
Assistance Program.
Oneida Elder Interview Program. The Oneida Business Committee adopted resolution
BC-08-10-22-A, Saving Our History - Oneida Elder Interview Program - Oneida General
Welfare Exclusion Program, which established the Oneida Elder Interview Program as an
approved program of the Nation in accordance with the Oneida General Welfare law for
the purpose of interviewing Oneida elders to collect an oral history of their generation, the
Oneida Nation, Oneida Reservation, and their families and fellow members in an effort to
enrich the general welfare of every member of the Nation by recording the Nation’s history,
culture, tradition, and unique way of life for generations to come. This approved program
was set to function for a limited term. Assistance from the Oneida Elder Interview Program
is available to any enrolled member of the Nation who is at least sixty-five (65) years of
age or older and participates in an elder interview.
Summer Savings at the Pump Program. The Oneida Business Committee adopted
resolution BC-06-28-22-A, Summer Savings at the Pump Program, which established the
Summer Savings at the Pump Program as an approved program of the Nation in accordance
with the Oneida General Welfare law for the purpose of providing financial assistance to
members of the Nation to aid them with the rising costs of gasoline prices to ensure that
their general welfare needs can continue to be met. This approved program was set to
function for a limited term. Assistance from the Summer Savings at the Pump Program
was available to any enrolled member of the Nation who is at least eighteen (18) years of
age or older on or before June 30, 2022.
Funding an Approved Program
The Petition calls for the first general welfare assistance payment of two thousand five hundred
dollars ($2,500) to be made on or before September 30, 2023, and that the subsequent payments
be made on or before September 30th of each subsequent fiscal year through 2025.
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Any assistance authorized through an approved program under the Oneida General Welfare law is
limited to funds appropriated at the discretion of the Oneida Business Committee, no matter the
source of the funds. [10 O.C. 1001.5-3]. Any allocation of funding by the Nation for an approved
program is required to be budgeted for in accordance with the Budget and Finances law. All
amounts budgeted by the Nation for assistance shall remain general assets of the Nation until
payments are disbursed. [10 O.C. 1001.5-3]. The Oneida Business Committee has the
responsibility to designate approved programs for which funds shall be budgeted each fiscal year,
consistent with the purposes of the Oneida General Welfare law. Id. Approved programs may also
be funded through third-party funding if available. Id.
The Budget and Finances law sets forth the requirements to be followed by the Oneida Business
Committee and the Oneida fund units when preparing the budget to be presented to the General
Tribal Council for approval, and to establish financial policies and procedures for the Nation
which:
institutionalize best practices in financial management to guide decision makers in making
informed decisions regarding the provision of services, implementation of business plans
for enterprises, investments, and capital assets;
provide a long term financial prospective and strategic intent, linking budget allocations to
organizational goals, as well as providing fiscal controls and accountability for results and
outcomes;
identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
establish a framework for effective financial risk management; and
encourage participation by the Nation’s membership. [1 O.C. 121.1-1].
The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All
revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The
Nation’s annual budget is required to be a balanced budget, which does not propose to spend more
funds than are reasonably expected to become available to the Nation during that fiscal year. Id.
The Budget and Finances law provides for the process and procedures to be used for the
development and adoption of the Nation’s budget. [1 O.C. 121.5-4].
On December 28, 2022, the Oneida Business Committee adopted resolution BC-12-28-22-D,
Adoption of Fiscal Year 2023 Budget, which adopted the Fiscal Year 2023 budget in the amount
of five hundred and forty-nine million one hundred and six thousand nine hundred eighty-eight
dollars ($549,106,988) on behalf of the General Tribal Council. 2 The Fiscal Year 2023 budget was
The Budget and Finances law provides that in the event that the General Tribal Council does not adopt a budget by
September 30th, the Oneida Business Committee may adopt a continuing budget resolution until such time as a budget
is adopted. [1 O.C. 121.5-4(e)(1)]. The Oneida Business Committee took action to adopt a continuing budget
resolution through the adoption of resolution BC-09-14-22-D, Continuing to Operate Fiscal Year 2023, which allowed
organizational activities to continue until the final budget was presented for approval. Resolution BC-09-14-22-D
provided that the continuing budget resolution would remain in effect from October 1, 2022, until December 31, 2022,
or until the budget is adopted whichever is soonest. The Budget and Finances law then provides that if the General
Tribal Council is not able to adopt a budget within three (3) months of the adoption of the continuing budget resolution,
then the Oneida Business Committee shall proceed with the adoption of the Nation’s budget. [1 O.C. 121.5-4(e)(1)].
The Fiscal Year 2023 Budget was not able to be presented to the General Tribal Council for adoption prior to
2
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adopted prior to this Petition being presented to the General Tribal Council for consideration.
Therefore, an allocation of funding to support assistance made under an approved program to be
provided to all members of the Nation of two thousand five hundred dollars ($2,500) specific to
the request of this Petition has not been included in the Fiscal Year 2023 budget. All expenditures
of the Nation are required to be made in accordance with the annual budget. [1 O.C. 121.5-1].
After the budget is adopted, amendments of the budget are not permitted unless it is necessary to
avoid a budget deficit. [1 O.C. 121.5-5]. The Treasurer and Chief Financial Officer shall identify
when forecasted revenue and forecasted expenses are impacted in a manner which creates a deficit
for the current fiscal year, and then the Chief Financial Officer shall provide the Oneida Business
Committee a written fiscal analysis and any input on the potential budget amendment. Id. The
Oneida Business Committee shall be responsible for adopting an amendment to the budget through
resolution of the Nation. Id. The Oneida Business Committee shall present notification of the
budget amendment at the next available General Tribal Council meeting. Id. So unless it is
necessary to avoid a budget deficit, an amendment to the Fiscal Year 2023 budget to provide for
the requested payment would not be permissible under the Budget and Finances law.
Additionally, unbudgeted expenditures are permitted under the Budget and Finances law if granted
approval by the Oneida Business Committee. [1 O.C. 121-6-4(a)]. The Chief Financial Officer is
required to provide the Oneida Business Committee with a written fiscal analysis and any input on
any potential unbudgeted expenditure. Id. The approval of any unbudgeted expenditure is required
to be made by the Oneida Business Committee through the adoption of a resolution prior to the
expenditure being made by a fund unit. Id. Any unbudgeted expenditure for items and specific
projects which were not identified in the approved budget made for over two hundred and fifty
thousand dollars ($250,000) is required to be formally noticed by the Oneida Business Committee
to the General Tribal Council at the next available General Tribal Council regular or special
meeting. [1 O.C. 121.6-4(b). BC-05-11-22-B, BC-10-08-08-A.].
Any allocation of funding to support assistance provided in accordance with an approved program
developed under the Oneida General Welfare law for future fiscal years would need to be budgeted
for in accordance with the process and procedures contained within the Budget and Finances law.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: N. Barton – $2,500 GWA Payment for Three (3) Years would have the
following legislative impacts:
1. The Petition’s request for assistance payments of two thousand five hundred dollars
($2,500) to be paid to all members of the Nation would have to be provided through an
approved program developed and adopted by the Oneida Business Committee in
accordance with the requirements and procedures of the Oneida General Welfare law.
2. The Petition’s request for an assistance payment of two thousand five hundred dollars
($2,500) to be paid on or before September 30, 2023, may not be possible as the Fiscal
September 30, 2022. The Oneida Business Committee then adopted a continuing resolution BC-09-14-22-D,
Continuing to Operate Fiscal Year 2023. The Fiscal Year 2023 Budget was not presented to the General Trial Council
for consideration prior to the expiration of resolution BC-09-14-22-D, so the Oneida Business Committee then adopted
the Fiscal Year 2023 Budget through resolution BC-12-28-22-D, Adoption of Fiscal Year 2023 Budget.
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Year 2023 Budget has already been adopted by the Oneida Business Committee through
resolution BC-12-28-22-D prior to the consideration of this Petition. Any allocation of
funding to support assistance provided in accordance with an approved program developed
under the Oneida General Welfare law for future fiscal years would need to be budgeted
for in accordance with the process and procedures contained within the Budget and
Finances law.
Requested Action
Accept the statement of effect for the Petition: N. Barton – $2,500 GWA Payment for Three (3)
Years.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
r'\
=DODDOO
ONEIDA
AGENDA REQUEST FORM
10, 2023
1) Request Date: January
_____________________________________________________
Powless
2) Contact Person(s): Debra
______________________________________
Retail
Dept:____________________________
920-496-7370
dpowles2@oneidanation.org
Phone Number:_________________________
Email: __________________________________
Amendment to Clean Air Policy, 4 O.C. 411
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
Amendment to 4 O.C. 411 to create an exemption for smoking cigars and
_______________________________________________________________________________
tobacco in pipes within a premise designated by retail as a tobacco store,
_______________________________________________________________________________
on or in premises controlled by Oneida Retail, that sells tobacco product
and in which the smoking of only cigars and tobacco in pipes is permitted.
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
Proposed amendment
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
Title
4. Environment and Natural Resources -- Ch. 411, Clean Air Policy, 4 O.C. 411
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
□ Yes
■ No
□
If yes, please indicate why:
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
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Proposed amendment to permit the smoking of cigar and tobacco in pipes within an Oneida Retail operated
cigar and tobacco store:
1. Insert the following definition after 4 O.C. 411.3-1(e):
(f) “Tobacco product" means any form of tobacco prepared in a manner suitable for smoking.
2. Redesignate 4 O.C. 411.3-1(f) as 4 O.C. 411.3-1(g) and change definition by deleting “Tribe of Indians of
Wisconsin” and inserting “Nation.”
3. Insert the following specific exemption to 4 O.C. 411.4-2 (b):
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product and in which
the smoking of only cigars or tobacco in a pipe is permitted, unless prohibited by the terms and conditions
of the lease.
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January 2023
January 2023
February 2023
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SUNDAY
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Jan 1, 23
2
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8:30am LOC Prep
(Microsoft
Teams
Meeting;
9:00am
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Operating
Committee
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9:00am Oneida
Language
Code Work
Meeting with
1:00pm
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amendments
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9:00am Oneida
Language
Code Work
Meeting with
Oneida
Language
Department
(Microsoft
10:30am Oneida
Business
Committee
Meeting
10:00am LOC
Work Session
(Microsoft
Teams
12:15pm PUBLIC
MEETING:
Oneida
Personnel
D
D
17
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8:30am LOC Prep
(Microsoft
Teams
9:00am
Legislative
Operating
10:30am
Emergency
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LOC
30
14
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11:00am
Investigative
Leave Policy
(Microsoft
Teams
Meeting) Grace L. Elliott
26
10:30am OHE
Compare
Rule/Law
Versions of
Handbook
(Rdg_Suite4_C
onf) - Grace L.
Elliott
13
27
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10:00am LOC
Work Session
(Microsoft
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Alcohol Free
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Law
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1/13/2023 2:05 PM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.