Oneida Business Committee (2022)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

May 4, 2022

9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. April 20, 2022 LOC Meeting Minutes (pg. )

III.

Current Business

1. Budget Management and Control Law (pg. )

2. Oneida Nation Gaming Ordinance Amendments (pg. )

3. Oneida Personnel Policies and Procedures Emergency Amendments (pg. )

4. Children’s Code Amendments (pg. )

IV.

New Submissions

V.

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of the ONGO Amendments Updated Public Comment Review

Memo, Draft, Legislative Analysis and FIS Request (pg. )

2. Legislative Operating Committee FY22 Second Quarter Report (pg. )

3. Legislative Operating Committee 2022 Semi-Annual Report (pg. )

4. Legislative Reference Office 2022 Semi-Annual Report (pg. )

VII.

Executive Session

VIII. Recess/Adjourn

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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 MINUTES

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

April 20, 2022

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King

Excused: Kirby Metoxen

Others Present: Clorissa N. Santiago, Carmen Vanlanen, Brooke Doxtator, Lawrence Barton,

Justin Nishimoto (Microsoft Teams), Eric Boulanger (Microsoft Teams), Rae Skenandore

(Microsoft Teams), Amy Spears (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Kristal

Hill (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Nic Reynolds (Microsoft Teams)

I.

Call to Order and Approval of the Agenda

David P. Jordan called the April 20, 2022, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda; seconded by Jennifer Webster. Motion

carried unanimously.

II.

Minutes to be Approved

1. April 6, 2022 LOC Meeting Minutes

Motion by Marie Summers to approve the April 6, 2022, LOC meeting minutes and

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

unanimously.

III.

Current Business

1. Elder Assistance Program Law

Motion by Jennifer Webster to approve the legislative analysis and public meeting packet,

and forward the Elder Assistance Program law to a public meeting to be held on May 18,

2022; seconded by Marie Summers. Motion carried unanimously.

2. Oneida Nation Gaming Ordinance Amendments

Motion by Marie Summers to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Jennifer

Webster. Motion carried unanimously.

3. Children’s Code Amendments

Motion by Marie Summers to approve the draft of the Children’s Code amendments and

direct that a legislative analysis be developed; seconded by Jennifer Webster. Motion

carried unanimously.

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

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Legislative Operating Committee Meeting Minutes of April 20, 2022

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IV.

New Submissions

V.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marie Summers to adjourn at 9:18 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of April 20, 2022

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Oneida Nation

"'

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 4, 2022

Budget Management and Control

Law Amendments

Submission Date: 10/7/20

Public Meeting: Due to the COVID-19 pandemic,

LOC Sponsor: Jennifer Webster

Emergency Enacted: 11/24/20, 5/12/21,

11/10/21

public meetings were suspended by declaration of the

Nation’s COVID-19 Core Decision Making Team. A

public comment period was still offered in accordance with

the Legislative Procedures Act and held open until 2/2/22.

Summary: On August 12, 2020, during an executive session discussion on the supervision of the Chief

Financial Officer, the Oneida Business Committee adopted a motion to send the entire subject of

supervision of the Chief Financial Officer to the LOC for further analysis to create permanent amendments

in the Budget Management and Control law for Tiers III, IV, and V for future events. The Legislative

Operating Committee added the Budget Management and Control law amendments to its Active Files List

on October 7, 2020. On November 24, 2020, the Oneida Business Committee adopted emergency

amendments to the Budget Management and Control law through resolution BC-11-24-20-E to address

how the Nation would adopt the budget during the COVID-19 pandemic. The emergency amendments to

the Law are set to expire on May 24, 2021. On May 12, 2021, the Oneida Business Committee adopted

emergency amendments to the Budget Management and Control law through resolution BC-05-12-21-C

to address the Nation’s non-compliance with the budget development process and timelines. The

emergency amendments to the Law were then extended by the Oneida Business Committee on November

10,2021, through the adoption of resolution BC-11-10-21-B. The emergency amendments to the Law will

now expire on May 12, 2022.

10/7/20 LOC: Motion by Jennifer Webster to add the Budget Management and Control Law Amendments

to the Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman

King. Motion carried unanimously.

10/21/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Cristina Danforth, Lawrence Barton, Ralinda Ninham-Lamberies,

Clorissa N. Santiago, Kristen Hooker, Rae Skenandore, James Petitjean, Rhiannon Metoxen,

Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this

work session was to review the Budget Management and Control law line by line and begin

discussing potential amendments. Attorney will update the draft based on suggestions during

this work meeting, and will note all parking lot issues, and will schedule another work meeting

with this team.

11/24/20:

E-Poll Conducted. This e-poll was titled, “Approval of the Budget Management and Control

Law Emergency Amendments Adoption Packet.” The requested action of this e-poll was to

approve the Budget Management and Control law emergency amendments adoption packet

and forward to the Oneida Business Committee. This e-poll was approved by Jennifer

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Webster, David P. Jordan, Marie Summers, and Kirby Metoxen. Daniel Guzman King did not

provide a response during the e-poll time frame.

11/24/20 OBC: Motion by Lisa Liggins to amend the agenda to add two (2) items [1) item V.D. Adopt

resolution entitled Emergency Amendments to the Budget Management and Control Law; and

2) item V.E. Adopt resolution entitled Approval of Final Draft Fiscal Year 2021 Budget and

Budget Directives], seconded by Marie Summers. Motion carried.

Motion by Lisa Liggins to adopt resolution 11-24-20-E Emergency Amendments to the

Budget Management and Control Law, seconded by David P. Jordan. Motion carried.

12/2/20 LOC: Motion by Kirby Metoxen to enter into the record the results of the November 24, 2020, epoll titled, “Approval of the Budget Management and Control Law Emergency Amendments

Adoption Packet”; seconded by Jennifer Webster. Motion carried unanimously.

12/2/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to

provide a brief update to the LOC on the status of holding a work meeting with the Treasurer,

Budget Analyst, and Strategic Planner to collect information on how to efficiently and

effectively incorporate community input into the budget process.

1/22/21:

Work Meeting. Present: Clorissa N. Santiago, Lawrence Barton, Ralinda Ninham-Lamberies,

Rae Skenandore, James Petitjean. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was to discuss with Finance potential issues that need to be

addressed in the proposed amendments to this law.

1/28/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to provide the LOC an

update on the January 22 work meeting with Finance, and discuss a plan for moving this item

forward.

2/9/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda

Ninham-Lamberies, Rae Skenandore, James Petitjean. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to discuss potential amendments to

the Budget Management and Control law and discuss a plan for moving this legislative item

forward.

2/25/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda

Ninham-Lamberies, Rae Skenandore, James Petitjean. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to discuss a potential outline for a

law that would include not only information on the budget, but broader financial policies of

the Nation.

4/28/21 OBC: [Considerations regarding the Budget Management and Control Law] Motion by Kirby

Metoxen to acknowledge we are out of compliance and going forward we get into compliance.

Motion failed due to lack of support.

Motion by David P. Jordan to direct the LOC [Legislative Operating Committee] to have

emergency amendments to the Budget Management and Control law to remove much of the

budget process/deadlines and leave it simply at a budget should be adopted by September 30,

2021 and direct the LOC to continue working with Finance to get the Budget Management

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and Control law amended, seconded by Jennifer Webster.

Motion

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4/29/21:

5/5/21 LOC:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,

Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to discuss how

to address the 4/28 directive from the Oneida Business Committee to bring forward emergency

amendments to the law.

Motion by Jennifer Webster to approve the Budget Management and Control law emergency

adoption packet and forward to the Oneida Business Committee for consideration; seconded

by Daniel Guzman King. Marie Summers abstained. Motion carried.

5/12/21 OBC: Motion by Lisa Liggins to adopt resolution 05-12-21-C Emergency Amendments to the

Budget Management and Control Law, with two (2) changes [1) at line 73, insert "BE IT

FURTHER RESOLVED, the deadlines provided in the Fiscal Year 2022 Budget Calendar,

which is published on the Oneida Portal and was shared at the April 6, 2021, Budget Kick-off

meeting, are suspended until further notice."; and 2) change last resolve to "BE IT FINALLY

RESOLVED, the Treasurer shall present a resolution to a special Business Committee work

session, scheduled no later than June 11, 2021, which provides the general framework for the

Fiscal Year 2022 budget development process, which shall include, but is not limited to,

information such as the budget calendar, opportunities for community input and discussion,

line item guidance, and new position definition, guidance, and review process."], seconded by

Jennifer Webster. Motion carried.

5/25/21:

Work Meeting. Present: Clorissa N. Santiago, Lawrence Barton, Ralinda Ninham-Lamberies,

Rae Skenandore. This was a work meeting held through Microsoft Teams. The purpose of this

work meeting was to go through the draft and begin flushing out potential policies and topics

to be included in the law.

6/16/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda

Ninham-Lamberies, Rae Skenandore. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to continue going through the draft and begin

flushing out potential policies and topics to be included in the law.

7/7/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda

Ninham-Lamberies, Rae Skenandore. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to continue going through the draft and begin

flushing out potential policies and topics to be included in the law.

10/12/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda

Ninham-Lamberies, Rae Skenandore. This was a work meeting held through Microsoft

Teams. The purpose of this work meeting was to review and discuss the updated proposed

draft one final time before it is presented to the Legislative Operating Committee for their

consideration.

10/14/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review and

discuss the proposed draft of amendments to the Law developed by the Treasurer and Finance.

10/15/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to continue

reviewing and discussing the proposed draft of amendments to the Law developed by the

Treasurer and Finance.

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10/20/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review the

updated draft and redline of the proposed amendments to the Law to prepare the draft to be

formally approved on the next LOC meeting agenda.

11/3/21 LOC: Motion by Jennifer Webster to approve the Budget Management and Control law emergency

amendments extensions packet and forward to the Oneida Business Committee for

consideration; seconded by Daniel Guzman King. Motion carried unanimously.

Motion by Kirby Metoxen to approve the draft of proposed amendments to the Budget

Management and Control law and direct that a legislative analysis be developed; seconded by

Jennifer Webster. Motion carried unanimously.

11/3/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was to discuss section 121.6-4 of the Law in relation to resolution BC-10-08-08-A

and determine next steps for moving forward.

11/4/21:

Work Meeting. Present: Clorissa N. Santiago, Lawrence Barton, Ralinda Ninham-Lamberies,

Rae Skenandore. This was a work meeting held through Microsoft Teams. The purpose of this

work meeting was to review and discuss with Finance the changes the LOC made to the

proposed draft after it was submitted to them, and collect input from Finance.

11/9/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill.

This was a work meeting held through Microsoft Teams. The purpose of this work meeting

was to review the input on the proposed draft that was collected from the Finance Department.

11/10/21 OBC: Motion by David P. Jordan to adopt resolution 11-10-21-B Extension of the Emergency

Amendments to the Budget Management and Control Law, seconded by Kirby Metoxen.

Motion carried.

12/9/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Clorissa N. Santiago, Kristen

Hooker, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a work meeting held

through Microsoft Teams. The purpose of this work meeting was to briefly review the

legislative analysis and the public comment period notice.

12/15/21 LOC: Motion by Jennifer Webster to approve the updated draft, legislative analysis, and public

comment period notice, and forward the Budget Management and Control law amendments

to a public comment period to be held open until February 2, 2022; seconded by Marie

Summers. Motion carried unanimously.

2/2/22:

Public Comment Period Closed. One (1) submission of written comments was received during

the public comment period.

2/16/22 LOC: Motion by Marie Summers to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Jennifer

Webster. Motion carried unanimously.

2/16/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman

King, Marie Summers, Clorissa N. Santiago, Lisa Liggins. This was a work meeting held

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through Microsoft Teams. The purpose of this work meeting was to review and consider the

public comments that were received.

2/24/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Carmen Vanlanen. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was to review and consider the late

submission of public comments that were received.

2/24/22:

Work Meeting. Present: Clorissa N. Santiago, Ralinda Ninham-Lamberies, Rae Skenandore.

This was a work meeting held through Microsoft Teams. The purpose of this work meeting

was to discuss how to clarify section 121.6-5 of the Law regarding obligated future

expenditures.

3/2/22:

Work Meeting. Present: Kirby Metoxen, Daniel Guzman King, Marie Summers, Jennifer

Webster, Clorissa N. Santiago, Carmen Vanlanen. This was a work meeting held through

Microsoft Teams. The purpose of this work meeting was for the LOC to review all the

revisions that were made to the Law after the public comment period and determine if any

other revisions were needed.

3/10/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Jennifer Webster, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon

Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work

meeting was for the LOC to review and consider the input received from Finance and the

Oneida Law Office on the final draft of proposed amendments to the Budget Management and

Control law.

3/16/22 LOC: Motion by Jennifer Webster to accept the updated public comment review memorandum;

seconded by Daniel Guzman King. Motion carried unanimously.

Motion by Jennifer Webster to approve the updated draft and legislative analysis with noted

change to section 121.8-2 of the law; seconded by Marie Summers. Motion carried

unanimously.

Motion by Marie Summers to approve the fiscal impact statement request memorandum and

forward to the Finance Department directing that a fiscal impact statement be prepared and

submitted to the LOC by April 14, 2022; seconded by Jennifer Webster. Motion carried

unanimously.

4/14/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Jennifer Webster, Clorissa N. Santiago, Carmen Vanlanen. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was for the LOC

to review the adopting resolution for the proposed amendments to the Budget Management

and Control law.

4/19/22:

Oneida Business Committee Work Session. Present: David P. Jordan, Kirby Metoxen, Daniel

Guzman King, Marie Summers, Jennifer Webster, Tehassi Hill, Jo Anne House, Clorissa N.

Santiago ,Lawrence Barton, Rae Skenandore, Justin Nishimoto, Danelle Wilson, Kristal Hill,

Rhiannon Danforth, Amy Spears. This was a work meeting held through Microsoft Teams.

The purpose of this work meeting was for the Oneida Business Committee to review and

discuss the adopting resolution for the proposed amendments to the Budget Management and

Control law with Finance’s suggested input.

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

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Next Steps:

 Approve the Budget Management and Control law amendments adoption packet and forward

to the Oneida Business Committee for consideration.

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

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ONEIDA

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Oneida Nation

=DDDOOO -

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida -nsn,gov

TO:

FROM:

DATE:

RE:

r'\

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

David P. Jordan, LOC Chairperson

May 11, 2022

Adoption of the Budget Management and Control Law Amendments

Please find the following attached backup documentation for your consideration of the adoption

of the Budget Management and Control Law Amendments:

1.

2.

3.

4.

5.

6.

Resolution: Amendments to the Budget Management and Control Law

Statement of Effect: Amendments to the Budget Management and Control Law

Budget Management and Control Law Amendments Legislative Analysis

Budget Management and Control Law Amendments Draft (Redline)

Budget Management and Control Law Amendments Draft (Clean)

Budget Management and Control Law Amendments Fiscal Impact Statement

Overview

The Budget Management and Control law ("the Law") set 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

infmmed 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 resuhs 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. [l O.C. 121.1-1].

On November 24, 2020, the Oneida Business Committee adopted emergency amendments to the

Law in response to the COVID-19 pandemic to provide that in the event that the Nation proclaims

an emergency, in accordance with the Emergency Management law, which prevents presentation

and adoption of the budget by the General Tribal Council, the Oneida Business Committee shall

adopt the Nation's budget. [l O.C. 121.5-3(b)(1)}. These emergency amendments were set to

expire on May 24, 2021.

The Oneida Business Committee then adopted additional emergency amendments to the Law on

May 12, 2021, to address the Nation's non-compliance with the budget development process and

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deadlines contained in the Law. The emergency amendments to the Law removed much of the

details of the budget process, requirements, and deadlines from the Law, and instead provide that

the Treasurer shall develop the necessaiy guidelines and procedures, including specific deadlines,

for the Nation's budget development process, to be reviewed and approved by the Oneida Business

Committee. [1 O.C. 121.5-3(a)]. These emergency amendments were subsequently extended

through the adoption of resolution BC-11-10-21-B. The emergency amendments to the Law are

set to expire on May 12, 2022.

The Legislative Operating has now developed pe1manent amendments to the Law for

consideration by the Oneida Business Committee. The proposed permanent amendments to the

Law were developed in collaboration with the Nation's Treasurer, Chief Financial Officer,

Assistant Chief Financial Officer, Budget Analyst, and Strategic Planner. The Legislative

Operating Committee held twenty-five (25) work meetings on the development of the amendments

to the Law.

The proposed amendments to the Law will:

■ Revise the name of this law from Budget Management and Control Law to Budget and

Finances Law;

■

Expand the purpose and policy of this Law to address other financial policies and

procedures for the Nation beyond just the budget process [1 0. C. 121.1-1, 121.1-2];

■

Eliminate the strategic planning provisions from this Law, instead providing simply that

the Oneida Business Committee should develop and adopt a strategic plan, broad goals, or

priorities for the Nation that the budget shall reflect[] 0. C. 121. 4-1 (c), 121.5-1 (b)];

■

Clarify the authority and responsibilities of those individuals who play a pait in the

Nation's budget process [1 O.C. 121.4];

■

Simplify the budget process and procedure contained in the Law to improve the Nation's

compliance with the Law and provide more flexibility to adjust the budget development

and adoption procedure to meet the Nation's cun-ent circumstances [1 0. C. 121. 5];

■

Include new provisions which address:

■

unbudgeted expenditures [1 0. C. 121. 6-4];

■

obligated future expenditures [1 O.C. 121.6-5];

■

capital contributions [1 O.C. 121.6-7];

■

grants [1 O.C. 121. 7];

■

debt [1 O.C. 121.8];

■

employment and labor allocations [1 O.C. 121.9]; and

■

unbudgeted positions. [1 0. C. 121. 6-4].

A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed

amendments to the Law due to the COVID-19 pandemic. In accordance with the Emergency

Management and Homeland Security law, on March 12, 2020, Chailman Tehassi Hill signed a

"Declaration ofPublic Health State ofEmergency" regarding COVID-19 which declared a Public

Health State of Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health

State of Emergency for the Nation has since been extended until May 23, 2022, by the Oneida

Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06Page 2 of 3

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23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, and BC-03-23-22A.

On December 8, 2021, the Oneida Business Committee adopted resolution BC-12-08-21-B,

Updating Public Gathering G7!-idelines During Public Health State of Emergency - COVID-19,

which superseded Oneida Business Committee resolution BC-08-13-21-A, Setting Public

Gathering Guidelines During Public Health State of Emergency - COVID-19, and provided

updated guidelines on holding meetings both indoors and outdoors. This resolution provided that

when the following levels are met, indoor meetings of the Nation are feasible, provided that all

organizers and paiiicipants should consider additional health safety measures when attending such

as wearing a face mask, washing hands frequently, and social distancing:

■

When COVID-19 Case Activity rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Depaiiment of Health Services website for the most recent period.

■

When COVID-19 Percent Positive rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Depaiiment of Health Services website for the most recent period.

■

When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or

below low in designated ZIP Codes or the ZIP Code in which the activity is being held, as

identified on the Wisconsin Department of Health Services website for the most recent

period.

During the time of the development of the amendments to this Law the requirements for holding

an indoor public meeting provided for in resolution BC-12-08-21-B were not met. The Nation's

COVID-19 Core Decision Making Team addressed the issue of not being able to safely hold public

meetings through its March 27, 2020, declaration, Suspension of Public Meetings under the

Legislative Procedures Act. This declaration suspended the Legislative Procedures Act's

requirement to hold a public meeting during the public comment period, but still allows members

of the community to still paiiicipate in the legislative process by submitting written comments,

questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail

during the public comment period.

Although an in-person public meeting for the proposed amendments to the Law was not held, the

public comment period was still held open until February 2, 2022. The Legislative Operating

Committee reviewed and considered all public comments that were received on February 16, 2022.

Adoption of the amendments to this Law complies with the process and procedures of the

Legislative Procedures Act as it has been modified by the COVID-19 Team's "Suspension of

Public Meetings under the Legislative Procedures Act" declaration.

Requested Action

Adopt the Resolution: Amendments to the Budget Management and Control Law

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Budget Management and Control Law

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WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Budget Management and Control law (“the Law”) was adopted by the Oneida Business

Committee through resolution BC-02-08-17-C, and most recently amended on an

emergency basis through resolutions BC-11-24-20-E, BC-05-12-21-C, and BC-11-10-21B; and

WHEREAS,

the Law sets forth the requirements to be followed by the Oneida Business Committee and

Oneida fund units when preparing the budget to be presented to the General Tribal Council

for approval and to establish a triennial strategy planning process for the Nation’s budget;

and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was subsequently extended by the Oneida Business

Committee until May 23, 2022, through the adoption of the following resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and

BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-1124-21-F, BC-01-12-22-B, and BC-03-23-22-A; and

WHEREAS,

the COVID-19 pandemic interrupted many processes and procedures of the Nation,

including the development of the Nation’s Fiscal Year 2021 and Fiscal Year 2022 budgets;

and

WHEREAS,

emergency amendments to the Law were adopted through resolution BC-11-24-20-E to

address the adoption of the Nation’s budget during the COVID-19 Public Health State of

Emergency by allowing the Oneida Business Committee to adopt the Nation’s budget if the

Nation proclaims an emergency, in accordance with the Emergency Management law,

which prevents presentation and adoption of the budget by the General Tribal Council; and

WHEREAS,

additional emergency amendments were adopted through resolution BC-05-12-21-C and

subsequently extended by resolution BC-11-10-21-B to address the Nation’s noncompliance with the budget development process and deadlines contained in the Law by

removing the details of the budget process, requirements, and deadlines from the Law,

and instead providing that the Treasurer shall develop the necessary guidelines and

procedures, including specific deadlines, for the Nation’s budget development process, to

be reviewed and approved by the Oneida Business Committee; and

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WHEREAS,

the emergency amendments to the Law are set to expire on May 12, 2022; and

WHEREAS,

the Legislative Operating Committee has developed permanent amendments to the Law

for consideration by the Oneida Business Committee; and

WHEREAS,

the amendments to the Law revise the name of the Law from the Budget Management and

Control law to the Budget and Finance law; and

WHEREAS,

the amendments to the Law expand the purpose and policy of this Law to address other

financial policies and procedures for the Nation beyond just the budget process; and

WHEREAS,

the amendments to the Law eliminate the strategic planning provisions from this Law,

instead providing simply that the Oneida Business Committee should develop and adopt a

strategic plan, broad goals, or priorities for the Nation that the budget shall reflect; and

WHEREAS,

the amendments to the Law clarify the authority and responsibilities of those individuals

who play a part in the Nation’s budget process; and

WHEREAS,

the amendments to the Law simplify the budget process and procedure contained in the

Law to improve the Nation’s compliance with the Law and provide more flexibility to adjust

the budget development and adoption procedure to meet the Nation’s current

circumstances; and

WHEREAS,

the amendments to the Law include new provisions which address unbudgeted

expenditures, obligated future expenditures, capital contributions, grants, debt,

employment and labor allocations, and unbudgeted positions; and

WHEREAS,

in the development of these amendments the Legislative Operating Committee

collaborated with and used input from the Treasurer, Chief Financial Officer, Assistant

Chief Financial Officer, Budget Analyst; and Strategic Planner; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was not held in accordance

with the Legislative Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

Suspension of Public Meetings under the Legislative Procedures Act declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period; and

WHEREAS,

on December 8, 2021, the Oneida Business Committee adopted resolution BC-12-08-21B, Updating Public Gathering Guidelines During Public Health State of Emergency COVID-19, which superseded Oneida Business Committee resolution BC-08-13-21-A,

Setting Public Gathering Guidelines During Public Health State of Emergency - COVID-19,

and provided updated guidelines on holding meetings both indoors and outdoors; and

WHEREAS,

at the time the public comment period was scheduled by the Legislative Operating

Committee for the proposed amendments to the Law the Nation did not yet meet the criteria

for holding an indoor public meeting as required by resolution BC-12-08-21-B; and

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WHEREAS,

although an in-person public meeting was not held for the proposed amendments to this

Law, the public comment period for the submission of written comments regarding the

proposed amendments to this Law was held open until February 2, 2022, in accordance

with the Legislative Procedures Act as modified by the COVID-19 Core Decision Making

Team’s Suspension of Public Meetings under the Legislative Procedures Act declaration;

and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments

received on February 16, 2022; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Budget Management and Control law

are hereby adopted and shall be effective on May 12, 2022.

Budget Schedule and Guidelines Deadline

BE IT FURTHER RESOLVED, in accordance with the requirement provided in section 121.5-4(3) of the

Law that the Oneida Business Committee set a deadline through the adoption of a resolution for when the

Treasurer shall submit their budget guidelines to the Oneida Business Committee for review and approval,

the Oneida Business Committee hereby sets a deadline of June 1, 2022.

Deadline for the Development of the Procurement Rule Handbook

BE IT FURTHER RESOLVED, in accordance with section 121.6-2 of the Law, which delegates rulemaking

authority in accordance with the Administrative Rulemaking law to the Purchasing Department to develop

a Procurement Rule Handbook which provides the sign-off process and authorities required to expend

funds on behalf of the Nation, the Oneida Business Committee hereby sets a deadline of September 30,

2022, for the Purchasing Department to submit the Procurement Rule Handbook to the Legislative

Operating Committee for certification in accordance with the Administrative Rulemaking law.

Notification of Unbudgeted Expenditures to the General Tribal Council

BE IT FURTHER RESOLVED, in accordance with section 121.6-4(b) of the Law, which provides that the

Oneida Business Committee shall set through resolution a threshold amount for unbudgeted expenditures

that require notification by the Oneida Business Committee to the General Tribal Council at the next

available General Tribal Council meeting, the Oneida Business Committee hereby reaffirms resolution BC10-08-08-A, Adopting Expenditure Authorization and Reporting Requirements, which requires that

expenditures for items and specific projects which were not identified in the approved budget and total two

hundred and fifty thousand dollars ($250,000) or more, shall be formally noticed to the General Tribal

Council at the next available General Tribal Council regular or special meeting.

Employment Cap and Labor Allocations List

BE IT FURTHER RESOLVED, in accordance with section 121.9-1 of the Law, which requires that the

Treasurer and Chief Financial Officer identify a maximum number of full-time equivalent (FTE) employees

to be employed by the Nation, to be approved through the adoption of a resolution by the Oneida Business

Committee, the Oneida Business Committee directs that the employment cap be developed and included

in the Budget Schedule and Guidelines resolution to be brough before the Oneida Business Committee for

consideration by June 1, 2022.

BE IT FURTHER RESOLVED, in accordance with section 121.9-2 of the Law, which requires that the

Treasurer, Chief Financial Officer, Executive Managers, and the Executive Human Resources Director

utilize the Nation’s employment cap to develop a labor allocations list, to be approved through the adoption

of a resolution by the Oneida Business Committee, the Oneida Business Committee hereby directs that the

labor allocations list resolution be developed and brought before the Oneida Business Committee for

consideration within thirty (30) days of the approval of the employment cap.

BE IT FURTHER RESOLVED, in accordance with section 121.9-2(b) of the Law, which requires that the

Treasurer, Chief Financial Officer, Executive Managers, and Executive Human Resources Director develop

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Page 4 of 4

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a standard operating procedure which identifies a process for the consideration of requests to revise the

labor allocations list, to be approved through the adoption of a resolution by the Oneida Business

Committee, the Oneida Business Committee hereby directs that the standard operating procedure be

developed and brought before the Oneida Business Committee for consideration by June 1, 2022.

Budget Contingency Planning

BE IT FURTHER RESOLVED, in accordance with section 121.10-1 of the Law, which requires that the

Oneida Business Committee work with the Chief Financial Officer, Executive Managers, and managers to

create a budget contingency plan, to be approved through the adoption of a resolution by the Oneida

Business Committee, the Oneida Business Committee hereby directs that guidelines for the contents of the

budget contingency plan shall be issued by Finance by November 1, 2022, with the final budget contingency

to be brought forward to the Oneida Business Committee for consideration by April 1, 2023.

BE IT FURTHER RESOLVED, in accordance with section 121.10-4(b) of the Law, which requires that the

Treasurer, in consultation with the Chief Financial Officer, establish the percentage of the annual budget

that shall be set aside in the Permanent Executive Contingency Fund account until the established level

has been achieved, to be approved through the adoption of a resolution by the Oneida Business Committee,

it is hereby established that a minimum of one percent (1%) of the annual budget shall be set aside in the

Permanent Executive Contingency Fund account until a minimum reserve of one (1) year of operating

expenses can be established.

One Year Review of the Budget and Finances Law

BE IT FINALLY RESOLVED, the Legislative Reference Office shall collaborate with the Nation’s Treasurer

and Chief Financial Officer to conduct a one (1) year review of the Budget and Finances law and provide

the Oneida Business Committee a report on the use and implementation of the Law.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~

ONEIDA

Statement of Effect

Amendments to the Budget Management and Control Law

Summary

This resolution adopts amendments to the Budget Management and Control law.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: April 29, 2022

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Budget Management and Control law (“the Law”). The

purpose of the Law is to set 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].

On November 24, 2020, the Oneida Business Committee adopted emergency amendments to the

Law through resolution BC-11-24-20-E to address the adoption of the Nation’s budget during the

COVID-19 Public Health State of Emergency by allowing the Oneida Business Committee to

adopt the Nation’s budget if the Nation proclaims an emergency, in accordance with the

Emergency Management law, which prevents presentation and adoption of the budget by the

General Tribal Council. Then on May 12, 2021, the Oneida Business Committee adopted

additional emergency amendments through resolution BC-05-12-21-C, which were subsequently

extended by resolution BC-11-10-21-B, to address the Nation’s non-compliance with the budget

development process and deadlines contained in the Law by removing the details of the budget

process, requirements, and deadlines from the Law, and instead providing that the Treasurer shall

develop the necessary guidelines and procedures, including specific deadlines, for the Nation’s

budget development process, to be reviewed and approved by the Oneida Business Committee.

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The emergency amendments to the Law are set to expire on May 12, 2022. The Legislative

Operating has now developed permanent amendments for consideration by the Oneida Business

Committee. The proposed amendments to the Law will:

 Revise the name of this law from Budget Management and Control Law to Budget and

Finances Law;

 Expand the purpose and policy of this Law to address other financial policies and

procedures for the Nation beyond just the budget process [1 O.C. 121.1-1, 121.1-2];

 Eliminate the strategic planning provisions from this Law, instead providing simply that

the Oneida Business Committee should develop and adopt a strategic plan, broad goals, or

priorities for the Nation that the budget shall reflect[1 O.C. 121.4-1(c), 121.5-1(b)];

 Clarify the authority and responsibilities of those individuals who play a part in the

Nation’s budget process [1 O.C. 121.4];

 Simplify the budget process and procedure contained in the Law to improve the Nation’s

compliance with the Law and provide more flexibility to adjust the budget development

and adoption procedure to meet the Nation’s current circumstances [1 O.C. 121.5];

 Include new provisions which address:

 unbudgeted expenditures [1 O.C. 121.6-4];

 obligated future expenditures [1 O.C. 121.6-5];

 capital contributions [1 O.C. 121.6-7];

 grants [1 O.C. 121.7];

 debt [1 O.C. 121.8];

 employment and labor allocations [1 O.C. 121.9]; and

 unbudgeted positions. [1 O.C. 121.6-4].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis

be developed. [1 O.C. 109.6 and 109.7]. The proposed amendments to the Law comply with these

requirements.

The LPA also requires that there be an opportunity for public review during a public meeting and

public comment period. [1 O.C. 109.8]. A public meeting for the proposed amendments to the

Law was not held due to the COVID-19 pandemic. In accordance with the Emergency

Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a

“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public

Health State of Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health

State of Emergency for the Nation has since been extended until May 23, 2022, by the Oneida

Business Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-0623-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-01-12-22-B, and BC-03-23-22A.

On December 8, 2021, the Oneida Business Committee adopted resolution BC-12-08-21-B,

Updating Public Gathering Guidelines During Public Health State of Emergency - COVID-19,

which superseded Oneida Business Committee resolution BC-08-13-21-A, Setting Public

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Gathering Guidelines During Public Health State of Emergency - COVID-19, and provided

updated guidelines on holding meetings both indoors and outdoors. This resolution provided that

when the following levels are met, indoor meetings of the Nation are feasible, provided that all

organizers and participants should consider additional health safety measures when attending such

as wearing a face mask, washing hands frequently, and social distancing:

 When COVID-19 Case Activity rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

 When COVID-19 Percent Positive rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

 When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or

below low in designated ZIP Codes or the ZIP Code in which the activity is being held, as

identified on the Wisconsin Department of Health Services website for the most recent

period.

During the time of the development of the amendments to this Law the requirements for holding

an indoor public meeting provided for in resolution BC-12-08-21-B were not met. The Nation’s

COVID-19 Core Decision Making Team addressed the issue of not being able to safely hold public

meetings through its March 27, 2020, declaration, Suspension of Public Meetings under the

Legislative Procedures Act. This declaration suspended the Legislative Procedures Act's

requirement to hold a public meeting during the public comment period, but still allows members

of the community to still participate in the legislative process by submitting written comments,

questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail

during the public comment period.

Although an in-person public meeting for the proposed amendments to the Law was not held, the

public comment period was still held open until February 2, 2022. The Legislative Operating

Committee reviewed and considered all public comments received on February 16, 2022.

Adoption of this resolution complies with the process and procedures of the LPA as it has been

modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

This resolution provides that the amendments to the law would become effective on May 12, 2022,

in accordance with the LPA. [1 O.C. 109.9-3].

Additionally, this resolution contains various other directives or deadlines that are required by the

Law to be set through the adoption of a resolution by the Oneida Business Committee, including:

 Budget Schedule and Guidelines Deadline. In accordance with the requirement provided

in section 121.5-4(3) of the Law that the Oneida Business Committee set a deadline through

the adoption of a resolution for when the Treasurer shall submit their budget guidelines to

the Oneida Business Committee for review and approval, the Oneida Business Committee

hereby sets a deadline of June 1, 2022.

 Deadline for the Development of the Procurement Rule Handbook. In accordance with

section 121.6-2 of the Law, which delegates rulemaking authority in accordance with the

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Administrative Rulemaking law to the Purchasing Department to develop a Procurement

Rule Handbook which provides the sign-off process and authorities required to expend

funds on behalf of the Nation, the Oneida Business Committee hereby sets a deadline of

September 30, 2022, for the Purchasing Department to submit the Procurement Rule

Handbook to the Legislative Operating Committee for certification in accordance with the

Administrative Rulemaking law.

Notification of Unbudgeted Expenditures to the General Tribal Council. In accordance

with section 121.6-4(b) of the Law, which provides that the Oneida Business Committee

shall set through resolution a threshold amount for unbudgeted expenditures that require

notification by the Oneida Business Committee to the General Tribal Council at the next

available General Tribal Council meeting, the Oneida Business Committee hereby

reaffirms resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting

Requirements, which requires that expenditures for items and specific projects which were

not identified in the approved budget and total two hundred and fifty thousand dollars

($250,000) or more, shall be formally noticed to the General Tribal Council at the next

available General Tribal Council regular or special meeting.

Employment Cap and Labor Allocations List.

 In accordance with section 121.9-1 of the Law, which requires that the Treasurer

and Chief Financial Officer identify a maximum number of full-time equivalent

(FTE) employees to be employed by the Nation, to be approved through the

adoption of a resolution by the Oneida Business Committee, the Oneida Business

Committee directs that the employment cap be developed and included in the

Budget Schedule and Guidelines resolution to be brough before the Oneida

Business Committee for consideration by June 1, 2022.

 In in accordance with section 121.9-2 of the Law, which requires that the Treasurer,

Chief Financial Officer, Executive Managers, and the Executive Human Resources

Director utilize the Nation’s employment cap to develop a labor allocations list, to

be approved through the adoption of a resolution by the Oneida Business

Committee, the Oneida Business Committee hereby directs that the labor

allocations list resolution be developed and brought before the Oneida Business

Committee for consideration within thirty (30) days of the approval of the

employment cap.

 In accordance with section 121.9-2(b) of the Law, which requires that the Treasurer,

Chief Financial Officer, Executive Managers, and Executive Human Resources

Director develop a standard operating procedure which identifies a process for the

consideration of requests to revise the labor allocations list, to be approved through

the adoption of a resolution by the Oneida Business Committee, the Oneida

Business Committee hereby directs that the standard operating procedure be

developed and brought before the Oneida Business Committee for consideration by

June 1, 2022.

Budget Contingency Planning.

 In accordance with section 121.10-1 of the Law, which requires that the Oneida

Business Committee work with the Chief Financial Officer, Executive Managers,

and managers to create a budget contingency plan, to be approved through the

adoption of a resolution by the Oneida Business Committee, the Oneida Business

Committee hereby directs that guidelines for the contents of the budget contingency

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22 of 508

plan shall be issued by Finance by November 1, 2022, with the final budget

contingency to be brought forward to the Oneida Business Committee for

consideration by April 1, 2023.

In accordance with section 121.10-4(b) of the Law, which requires that the

Treasurer, in consultation with the Chief Financial Officer, establish the percentage

of the annual budget that shall be set aside in the Permanent Executive Contingency

Fund account until the established level has been achieved, to be approved through

the adoption of a resolution by the Oneida Business Committee, it is hereby

established that a minimum of one percent (1%) of the annual budget shall be set

aside in the Permanent Executive Contingency Fund account until a minimum

reserve of one (1) year of operating expenses can be established.

This resolution then directs the Legislative Reference Office to collaborate with the Nation’s

Treasurer and Chief Financial Officer to conduct a one (1) year review of the Budget and Finances

law and provide the Oneida Business Committee a report on the use and implementation of the

Law.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws, as it complies with

the Legislative Procedures Act as it has been modified by the COVID-19 Core Decision Making

Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.

Page 5 of 5

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Analysis to Draft 3 for OBC Consideration

2022 05 11

BUDGET MANAGEMENT AND CONTROL LAW

AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Law

Purpose

Affected

Entities

Analysis by the Legislative Reference Office

 Revise the name of this law from Budget Management and Control Law to Budget

and Finances Law;

 Expand the purpose and policy of this Law to address other financial policies and

procedures for the Nation beyond just the budget process [1 O.C. 121.1-1, 121.12];

 Eliminate the strategic planning provisions from this Law, instead providing simply

that the Oneida Business Committee should develop and adopt a strategic plan,

broad goals, or priorities for the Nation that the budget shall reflect[1 O.C. 121.41(c), 121.5-1(b)];

 Clarify the authority and responsibilities of those individuals who play a part in the

Nation’s budget process [1 O.C. 121.4];

 Simplify the budget process and procedure contained in the Law to improve the

Nation’s compliance with the Law and provide more flexibility to adjust the budget

development and adoption procedure to meet the Nation’s current circumstances [1

O.C. 121.5];

 Include new provisions which address:

 unbudgeted expenditures [1 O.C. 121.6-4];

 obligated future expenditures [1 O.C. 121.6-5];

 capital contributions [1 O.C. 121.6-7];

 grants [1 O.C. 121.7];

 debt [1 O.C. 121.8];

 employment and labor allocations [1 O.C. 121.9]; and

 unbudgeted positions. [1 O.C. 121.6-4].

To set forth the requirements to be followed by the Oneida Business Committee and

Oneida fund units when preparing the budget to be presented to the General Tribal

Council for approval, and to establish 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].

Oneida Business Committee, Finance Administration, Executive Managers, Oneida

Fund Units.

Page 1 of 19

24 of 508

Analysis to Draft 3 for OBC Consideration

2022 05 11

Related

Legislation

Public Meeting

Fiscal Impact

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

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19

20

21

22

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24

25

26

27

28

29

30

31

32

33

34

35

36

37

Legislative Procedures Act, Internal Audit law, Emergency Management law, Oneida

Personnel Policies and Procedures, Administrative Rulemaking law, Furlough Policy,

Layoff Policy, Conflict of Interest law, Code of Ethics law, Removal law.

A public comment period was held open until February 2, 2022. A public meeting was

not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s

declaration, Suspension of Public Meetings under the Legislative Procedures Act.

The Finance Department provided a fiscal impact statement on April 14, 2022.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Budget Management and Control law (“the Law”) was adopted by the Oneida

Business Committee through resolution BC-02-08-17-C to set forth the requirements to be followed

by the Oneida Business Committee and Oneida fund units when preparing the budget to be presented

to the General Tribal Council for approval and to establish a triennial strategy planning process for the

Nation’s budget. [1 O.C. 121.1-1]. On August 12, 2020, during an executive session discussion on the

supervision of the Chief Financial Officer, the Oneida Business Committee adopted a motion to send

the entire subject of supervision of the Chief Financial Officer to the LOC for further analysis to create

permanent amendments in the Budget Management and Control law for Tiers III, IV, and V for future

events. The Legislative Operating Committee added the Law to its Active Files List on October 7, 2020.

B. Emergency Amendments Adopted through Resolution BC-11-24-20-E. In November 2020, the

Oneida Business Committee sought emergency amendments to the Law to address the adoption of the

Nation’s budget during the COVID-19 Public Health State of Emergency. Due to the COVID-19

pandemic, holding a General Tribal Council meeting to adopt the budget would place members in

significant jeopardy of contact with the virus and cause the virus to spread throughout the community,

which would unduly jeopardize the health and safety of elders, children, and adults. On November 24,

2020, the Oneida Business Committee adopted an emergency amendment to the Law through the

adoption of resolution BC-11-24-20-E which included a new provision that provided that if the Nation

proclaims an emergency, in accordance with the Emergency Management law, which prevents

presentation and adoption of the budget by the General Tribal Council, the Oneida Business Committee

shall adopt the Nation’s budget. These emergency amendments to the Law were set to expire on May

24, 2021.

C. Emergency Amendments Adopted through Resolution BC-05-12-21-C. At the April 28, 2021, Oneida

Business Committee meeting the Nation’s Secretary provided a memorandum which expressed

concerns regarding the Nation’s lack of compliance with the Law and requested that the Oneida

Business Committee make one of the following considerations: an emergency repeal of the Law due to

the fact that the processes and procedures, specifically the deadlines for the various steps of the budget

process contained in the law are not currently being followed; or emergency amendments to the Law

to remove much of the budget process and/or deadlines and revise the Law so it simply states a budget

should be adopted by September 30th. The Oneida Business Committee then adopted a motion directing

the Legislative Operating Committee to develop emergency amendments to the Law to address this

issue. The Oneida Business Committee then adopted emergency amendments to the Law on May 12,

2021, through resolution BC-05-12-21-C which removed details of the budget process from the Law

and instead directed the Treasurer to develop the necessary guidelines and procedures, including

specific deadlines, for the Nation’s budget development process, and then submit those guidelines for

the development of the budget to the Oneida Business Committee for review and approval. These

emergency amendments to the Law were set to expire on November 12, 2021.

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D. Emergency Amendments Extended through Resolution BC-11-10-21-B. On November 10, 2021, the

Oneida Business Committee extended the emergency amendments to the Law adopted through

resolution BC-05-12-21-C for an additional six (6) month period. The Legislative Procedures Act

allows the Oneida Business Committee to extend emergency amendments for a six (6) month period.

[1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency amendments to the Law was requested

to provide additional time for the Legislative Operating Committee to process the adoption of

permanent amendments to the Law. The emergency amendments to the Law will now expire on May

12, 2022.

E. The Legislative Operating Committee is now seeking the permanent adoption of comprehensive

amendments to the Law.

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SECTION 3. CONSULTATION AND OUTREACH

A. The following positions within the Nation participated in the development of this Law and legislative

analysis:

 Treasurer;

 Chief Financial Officer;

 Assistant Chief Financial Officer;

 Budget Analyst; and

 Strategic Planner.

B. The following laws of the Nation were reviewed in the drafting of this analysis:

 Legislative Procedures Act;

 Internal Audit law;

 Emergency Management law;

 Oneida Personnel Policies and Procedures;

 Administrative Rulemaking law;

 Furlough Policy;

 Layoff Policy;

 Conflict of Interest law;

 Code of Ethics law; and

 Removal law.

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A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On October 7, 2020, the Legislative Operating Committee added this Law to its Active Files

List.

 On November 24, 2020, the Oneida Business Committee adopted an emergency amendment to

the Law through the adoption of resolution BC-11-24-20-E to address the adoption of the

Nation’s budget during the COVID-19 Public Health State of Emergency.

 On May 12, 2021, the Oneida Business Committee adopted additional emergency amendments

through resolution BC-05-12-21-C which removed details of the budget process from the Law

and instead directed the Treasurer to develop the necessary guidelines and procedures,

including specific deadlines, for the Nation’s budget development process, and then submit

those guidelines for the development of the budget to the Oneida Business Committee for

review and approval.

SECTION 4. PROCESS

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On November 3, 2021, the Legislative Operating Committee approved the draft of proposed

amendments to the Law.

 Additionally, on November 3, 2021, the Legislative Operating Committee approved the

emergency amendments extensions packet and forwarded these items to the Oneida Business

Committee for consideration.

 On November 10, 2021, the Oneida Business Committee extended the emergency amendments

to the Law for an additional six (6) month period through the adoption of resolution BC-11-1021-B.

 On December 15, 2021, the Legislative Operating Committee approved an updated draft of

amendments to the Law and legislative analysis. The Legislative Operating Committee also

directed that a public comment period be held open for the proposed amendments to this Law

until February 2, 2022.

 Notification of this public comment period was:

 posted on the Nation’s website on the Oneida Register;

 electronically provided to every director, manager, and supervisor of the Nation;

 published in the Kalihwisaks on both January 12, 2022, and January 26, 2022; and

 shared by members of the LOC during Facebook Live events.

 The public comment period for the proposed amendments to the Law closed on February 2, 2022.

One (1) submission of written comments were received during this public comment period. One

late submission of comments was received on February 16, 2022.

 On February 16, 2022, the Legislative Operating Committee accepted the public comments and the

public comment review memorandum and deferred to a work meeting for further discussion.

 On March 16, 2022, the Legislative Operating Committee accepted the updated public comment

review memorandum, approved the updated draft and legislative analysis with noted change to

section 121.8-2 of the law, and approved the fiscal impact statement request memorandum and

forwarded to the Finance Department directing that a fiscal impact statement be prepared and

submitted to the LOC by April 14, 2022.

 On April 14, 2022, the Finance Department provided a fiscal impact statement.

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

regarding the development of this Law:

 October 21, 2020: LOC work meeting held with the Treasurer, Chief Financial Officer,

Assistant Chief Financial Officer, Budget Analyst, and Strategic Planner.

 December 2, 2020: LOC work meeting.

 January 22, 2021: Work meeting with Chief Financial Officer, Assistant Chief Financial

Officer, Budget Analyst, and Strategic Planner.

 January 28, 2021: LOC work meeting.

 February 9, 2021: Work meeting with Treasurer, Chief Financial Officer, Assistant Chief

Financial Officer, Budget Analyst, and Strategic Planner.

 February 25, 2021: Work meeting with Treasurer, Chief Financial Officer, Assistant Chief

Financial Officer, Budget Analyst, and Strategic Planner.

 April 29, 2021: LOC work meeting.

 May 25, 2021: Work meeting with Chief Financial Officer, Assistant Chief Financial Officer,

and Budget Analyst.

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June 16, 2021: Work meeting with Treasurer, Chief Financial Officer, Assistant Chief

Financial Officer, and Budget Analyst.

 July 7, 2021: Work meeting with Treasurer, Chief Financial Officer, Assistant Chief Financial

Officer, and Budget Analyst.

 October 12, 2021: Work meeting with Treasurer, Chief Financial Officer, Assistant Chief

Financial Officer, and Budget Analyst.

 October 14, 2021: LOC work meeting.

 October 15, 2021: LOC work meeting.

 October 20, 2021: LOC work meeting.

 November 3, 2021: LOC work meeting.

 November 4, 2021: Work Meeting with the Chief Financial Officer, Assistant Chief Financial

Officer, and Budget Analyst.

 November 9, 2021: LOC work meeting.

 December 9, 2021: LOC work meeting.

 February 16, 2022: LOC work meeting.

 February 24, 2022: LOC work meeting.

 February 24, 2022: Work Meeting with the Assistant Chief Financial Officer, and Budget

Analyst.

 March 2, 2022: LOC work meeting.

 March 10, 2022: LOC work meeting.

 April 14, 2022: LOC work meeting.

 April 19, 2022: OBC Work Session.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of COVID-19. The COVID-19 pandemic has resulted in high rates of infection and mortality, as well

as vast economic impacts including effects on the stock market and the closing of all non-essential

businesses. A public meeting for the proposed amendments to the Law was not held due to the COVID19 pandemic, but a public comment period for the submission of written comments was still held open.

 Declaration of a Public Health State of Emergency.

 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” regarding the COVID-19 pandemic which declared a Public Health State

of Emergency for the Nation until April 12, 2020, and set into place the necessary authority

for action to be taken and allows the Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until March 24, 2022, by

the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-1021-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21F, BC-01-12-22-B, and BC-03-23-22-A.

 COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

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the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

Oneida Business Committee Resolution BC-12-8-21-B, Updating Public Gathering Guidelines

During Public Health State of Emergency - COVID-19.

 On December 8, 2021, the Oneida Business Committee adopted resolution BC-12-08-21B, Updating Public Gathering Guidelines During Public Health State of Emergency COVID-19, which superseded Oneida Business Committee resolution BC-08-13-21-A,

Setting Public Gathering Guidelines During Public Health State of Emergency - COVID19, and provides updated guidelines on holding meetings both indoors and outdoors.

 This resolution provides that when the following levels are met, indoor meetings of the

Nation are feasible, provided that all organizers and participants should consider additional

health safety measures when attending such as wearing a face mask, washing hands

frequently, and social distancing:

 When COVID-19 Case Activity rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the

Wisconsin Department of Health Services website for the most recent period.

 When COVID-19 Percent Positive rates are at or below low in Brown and

Outagamie Counties, or the county in which the activity is being held, as identified

on the Wisconsin Department of Health Services website for the most recent

period.

 When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area

are at or below low in designated ZIP Codes or the ZIP Code in which the activity

is being held, as identified on the Wisconsin Department of Health Services

website for the most recent period.

Conclusion.

 Although a public meeting was not held on the proposed amendments to the Law, a public

comment period was still held open until February 2, 2022, in accordance with resolution

BC-12-08-21-B and the Legislative Procedures Act as modified by the COVID-19 Core

Decision Making Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy. Both the purpose and policy section of this law has been extended through the

proposed amendments. The purpose of this Law has always been to set 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, but now the Law goes on to provide that the

purpose is also 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

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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 policy

of the Nation has been amended so that it is clear that the Nation relies on balanced-based budgeting

strategies, not value-based budgeting strategies as previously included in the Law, which identify the

proper authorities and ensure compliance and enforcement. [1 O.C. 121.1-2]. The policy has also been

expanded to include that the Nation shall use Generally Accepted Accounting Principles (GAAP),

established by the Financial Accounting Standards Board, and the Governmental Accounting Standards

Board (GASB) in accounting and reporting for the financial activities of the various entities of the

Nation, unless they conflict with applicable legal requirements. [1 O.C. 121.1-2].

 Effect. The proposed amendments to the purpose and policy provisions of the Law provide greater

insight on the various general financial policies and procedures of the Nation that this Law governs

in addition to 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.

B. Removal of the Strategic Planning Provisions. The provisions of the Law regarding strategic

planning, previously found in section 121.4, has been removed from the Law. Previously, the Law

included detailed provisions on the Oneida Business Committee’s development of the triennial strategic

plan, as well as the fund unit’s contribution to the strategic plan. Now, the Law simply references that

it is a responsibility of the Oneida Business Committee to develop priorities, a strategic plan, or broad

goals to assist in guiding the budget [1 O.C. 121.4-1(c)], and to review the draft budget developed by

the Treasurer each year to ensure that it is consistent with the Nation’s strategic plan, broad goals, and

budget strategy. [1 O.C. 121.5-4(b)]. The budget is required to align with any strategic plan, broad

goals, or priorities developed and adopted by the Oneida Business Committee on behalf of the Nation.

[1 O.C. 121.5-1(b)].

 Effect. The provisions of the Law regarding the strategic planning process were removed to allow

greater flexibility in how the Oneida Business Committee and the corresponding fund units develop

a strategic plan. In August 2020, the Oneida Business Committee hired a Strategic Planner whose

role and responsibilities include assisting the Oneida Business Committee with their strategic

planning responsibilities. Removing the details of the strategic planning process from this Law will

allow the Strategic Planner flexibility in changing the process for how a strategic plan is developed

until the most effective and efficient process is found.

C. Authority and Responsibilities. Section 121.4 has been reorganized as the authority and

responsibilities section of the Law and contains provisions that were previously found in the Law as

well as new provisions. This section of the Law provides the various authority and responsibilities of

different entities including the Oneida Business Committee, the Treasurer, the Chief Financial Officer

(CFO), and the managers. The authorities and responsibilities of the Oneida Business Committee has

been expanded. Previously the Law provided that the Oneida Business Committee was responsible for

budget oversight, necessary emergency action, and supervision of the CFO. Now the Law provides that

the Oneida Business Committee shall oversee the development and implementation of the Nation’s

budget; develop priorities, a strategic plan, or broad goals to assist in guiding the budget; and exercise

the authority provided in Article IV, Section 1, of the Constitution and Bylaws of the Oneida Nation,

as delegated to the Oneida Business Committee by the General Tribal Council. [1 O.C. 121.4-1]. In

regard to the authority and responsibilities of the Treasurer, the Law has been expanded to include

accept, receive, receipt for, preserve and safeguard all funds in the custody of the Nation, whether they

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be funds of the Nation or special funds for which the Nation is acting as trustee or custodian; and deposit

all funds in such depository as the Nation shall direct and shall make and preserve a faithful record of

such funds in addition to the responsibilities previously found in the Law. [1 O.C. 121.4-2]. In regard

to the authority and responsibilities of the CFO, the Law has been expanded to include the following

responsibilities in addition to the responsibilities previously found in the Law: ensure the Nation’s

budget is properly implemented; assist with the submission and presentation of the Treasurer’s report

to the Oneida Business Committee, which shall specifically include any monthly variances that are

either: a difference of three percent (3%) or more from the adopted annual budget or fifty thousand

dollars ($50,000) or more in total; provide the Oneida Business Committee with information and reports

as requested; present the Treasurer’s report and hold financial condition meetings with the Nation’s

management on a minimum of a quarterly basis; and inform the appropriate Executive Manager of any

fund unit which does not follow the budget development process guidelines or deadlines as set forth by

the Treasurer. [1 O.C. 121.4-3]. Regarding the authority and responsibilities of the managers, the Law

has been expanded to include the following responsibilities in addition to the responsibilities previously

found in the Law submit a budget for their fund unit in accordance with the budget schedule and

guidelines as adopted by the Oneida Business Committee; and that the managers report to their relevant

Executive Manager in addition to the CFO any explanations and corrective action for monthly

variances. [1 O.C. 121.4-3].

 Effect. The expansion of the authorities and responsibilities section of the Law ensures that the

authorities and responsibilities of the various entities and individuals who play a role in the

execution of this Law is clear and transparent to all parties involved. The increased transparency in

the authorities and responsibilities in the proposed amendments also hopes to increase

accountability and compliance with the Law.

D. General Information on the Budget. The Law provides general information on the Nation’s budget.

The Nation is required to develop, adopt, and manage an annual budget, of which, all revenues and

expenditures of the Nation shall be in accordance with. [1 O.C. 121.5-1]. The Nation’s budget is

required to be a balanced budget, meaning that it does not propose to spend more funds than are

reasonably expected to become available to the Nation during that fiscal year. [1 O.C. 121.5-1(a)]. The

Law expressly prohibits underwriting debt resources or the utilization of existing debt instruments to

balance the Nation’s annual budget. [1 O.C. 121.5-1(a)(1)]. Information on the Nation’s corporate

entities is not included in the Nation’s budget. [1 O.C. 121.5-1(c)]. The provisions regarding the content

of the budget remain as previously provided in the Law, except that a new requirement for the content

of the budget was included. Now the Law requires that a summary of employment position counts,

including prior year, current year, and budgeted year be included in the Nation’s budget. [1 O.C. 121.52(e)]. A new provision was added to the Law to address the fund categories of the Nation’s budget.

The Nation’s budget is now required to include the General Fund – which is the Nation’s main operating

fund which is used to account for all financial resources not accounted for in other funds; the Permanent

Executive Contingency Fund – which is used by the Nation to prevent default on debt and to sustain

operations during times of extreme financial distress; and the Grant Reserve Fund – which is used by

the Nation to pre-fund the expenditures of grants upon receipt. [1 O.C. 121.5-3].

 Effect. The proposed amendments to the Law provide greater clarification on general principles

regarding the Nation’s budget. The requirement that the Nation’s budget be a balanced budget, that

was not balanced using debt instruments, sets the overall tone and provides guidance for how the

budget is then developed.

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E. Budget Adoption Procedure. The Law sets forth the procedure to be followed when developing the

Nation’s budget. Previously, the Law was very detailed and contained a great amount of process and

procedure regarding the development of the budget. Previously the budget development and adoption

procedure in the Law was as follows: the Treasurer’s office was required to schedule at least one (1)

community input budget meeting prior to December 1st of each year where community members are

afforded an opportunity to provide input as to what should be included in the upcoming fiscal year

budget. The Treasurer then had to place a community budget input meeting packet on the Oneida

Business Committee agenda no later than the last Oneida Business Committee meeting in January. The

Oneida Business Committee was then required to review the community budget input meeting packet

and hold work meetings to create a priority list of services of the Nation, which had to be approved by

resolution no later than the last meeting in February. Then the Chief Financial Officer was required to

develop the necessary guidelines, including specific deadlines, to be followed by the managers that

have budget responsibility in preparing and submitting proposed budgets, and submit those guidelines,

as approved by the Treasurer, to the Oneida Business Committee. The Oneida Business Committee was

then responsible for revising the guidelines as necessary and approving those guidelines within thirty

(30) calendar days of receiving the guidelines from the Chief Financial Officer. The Chief Financial

Officer was then responsible for receiving, reviewing, and compiling the proposed budgets into the

Nation’s draft budget, and presenting that draft budget to the Oneida Business Committee no later than

the last Oneida Business Committee meeting in May. In the month of May, the CFO and the Oneida

Business Committee would meet to review the draft budget and provide any recommendations for

modifications, and then meet with the managers of each fund unit for which the Oneida Business

Committee is considering altering the fund unit’s proposed budget. The Oneida Business Committee

was required to complete all meetings with fund unit managers by the end of June each year. The

Oneida Business Committee would then work with fund unit managers and the CFO to compile a final

draft budget to be presented to the General Tribal Council, which had to be approved, by resolution of

the Oneida Business Committee, to be presented to the General Tribal Council by the end of July each

year. Once the Oneida Business Committee has approved the final draft budget, the Treasurer was then

required to hold, at a minimum, two (2) community informational meetings to present the contents of

the final draft budget that will be presented to the General Tribal Council. The Oneida Business

Committee was required to present the budget to the General Tribal Council with a request for adoption

by resolution no later than September 30th of each year. In the event that the General Tribal Council

did not adopt a budget by September 30th, the Oneida Business Committee was permitted to adopt a

continuing budget resolution(s) until such time as a budget is adopted. The proposed amendments to

the Law take a much more simplified approach. The proposed amendments to the Law provide that the

Treasurer shall develop the necessary guidelines, including specific timelines and deadlines, to be

followed by the managers that have budget responsibility in preparing and submitting proposed

budgets, and that the Treasurer shall submit the guidelines to the Oneida Business Committee for review

and approval through the adoption of a resolution. [1 O.C. 121.5-4(a)]. The deadline for when the

Treasurer shall submit their budget guidelines to the Oneida Business Committee for review and

approval shall be set through the adoption of a resolution. [1 O.C. 121.5-4(a)(3)]. The Treasurer’s

guidelines are required to include at least one (1) opportunity for community input from the Nation’s

membership on what should be included in the upcoming fiscal year budget. [1 O.C. 121.5-4(a)(1)].

Each fund unit is then responsible for complying with the budget schedule and guidelines to submit a

proposed budget to the Treasurer. [1 O.C. 121.5-4(a)(2)]. The provisions of the Law regarding the

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review and compilation of all annual proposed budgets into the final draft budget to be presented to the

General Tribal Council, and subsequent community meetings regarding the budget, are substantially

similar to the provisions of the Law that were previously excluded without excess process and deadline

dates. [1 O.C. 121.5-4(b)-(e)]. The proposed amendments to the Law add clarification as to the use of

continuing budget resolutions and provides that continuing budget resolutions may only stay in effect

for up to three (3) months, and if the General Tribal Council does not adopt a budget within three (3)

months of the adoption of the continuing budget resolution, then the Oneida Business Committee shall

adopt the Nation’s budget. [1 O.C. 121.5-4(e)(1)]. The proposed amendments to the Law also include

a new emergency budget adoption provision which provides that in the event that the Nation proclaims

an emergency, in accordance with the Emergency Management law, that stays in effect for at least one

(1) month and prevents the presentation to and adoption of the budget by the General Tribal Council,

the Oneida Business Committee shall adopt the Nation’s budget. [1 O.C. 121.5-4(e)(2)]. The proposed

amendments then address amendments to the Nation’s budget and provides that after the budget is

adopted, amendments of the budget shall not be permitted unless it is necessary to avoid a budget

deficit, and the Oneida Business Committee is responsible for adopting an amendment to the budget

through resolution of the Nation, but notification of the budget amendment is required to be made at

the next available General Tribal Council meeting. [1 O.C. 121.5-5].

 Effect. The proposed amendments to the Law greatly simplify and streamline the budget

development and adoption procedure. Since the original adoption of this Law in 2017, the Nation

has struggled to comply with all the provisions and deadlines contained in this Law. Although the

proposed amendments to the Law keep the same general framework, it provides more flexibility to

adjust the budget development and adoption procedure to meet the Nation’s current circumstances

so that the most effective and efficient process can be utilized.

F. Expenditures and Assets. Section 121.6 of the Law provides information on expenditures and assets

and addresses the following topics: authority to expend funds, the Procurement Rule Handbook, fees

and charges, unbudgeted expenditures, obligated future expenditures, unexpended funds, capital

contributions, and capital improvements. Previously, the Law provided that the Treasurer’s authority

to expend appropriated funds is delegated to the CFO, who shall make such expenditures in accordance

with the adopted budget. The Law then previously provided that authority is necessarily delegated to

other managers, including executive managers, of the Nation who manage the budgets, pursuant to their

job descriptions based on the procurement manual rules developed by the Purchasing Department. Now

the Law has been revised to provide that it is the Oneida Business Committee that has the authority to

expend appropriated funds in accordance with the Nation’s adopted budget pursuant to the Procurement

Rule Handbook developed by the Purchasing Department, and that the authority to expend funds is

then necessarily delegated to other managers, including Executive Managers of the Nation who manage

budgets pursuant to their job descriptions based on the Procurement Rule Handbook. [1 O.C. 121.6-1].

The provision on fees and charges remains substantively the same as previously included in the Law.

[1 O.C. 121.6-3]. The provision regarding unbudgeted expenditures is a new addition to the Law and

provides guidance on the approval of unbudgeted expenditures, when notification of unbudgeted

expenditures is required to go to the General Tribal Council, and the requirement for spending plans

for unbudgeted supplemental funding that is received by the Nation. [1 O.C. 121.6-4]. The provision

regarding obligated future expenditures is a new addition to the Law and prohibits any fund unit from

obligating the Nation to make any future expenditures beyond the current budget year unless the fund

unit identifies, and the Oneida Business Committee approves through the adoption of a resolution, the

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source and extent of any future funds that are recommended to be held in reserve to meet that future

obligation. [1 O.C. 121.6-5]. This section does not apply to a fund unit that has an approved multi-year

contract. The provisions regarding unexpended capital improvement funds and unexpended capital

expenditure funds remain the same as previously found in the Law, except that clarification was added

that unexpended capital expenditure funds shall be returned to the General Fund. [1 O.C. 121.6-6]. The

provision regarding capital contributions is a new addition to the Law and requires that any capital

contributions made by the Nation be identified in the annual budget, and any reassignment of a loan

provided by the Nation into a capital contribution be noticed to the General Tribal Council. [1 O.C.

121.6-7]. The Law then prohibits any assets of the Nation from being divested or borrowed against to

balance the annual budget. [1 O.C. 121.6-8]. The provisions of the Law regarding capital improvement

plans for both government services and enterprises remains as found previously in the Law. [1 O.C.

121.6-9].

 Effect. The proposed amendments to the Law expend the information that is provided in the Law

regarding expenditures and assets of the Nation. New provisions were included in the Law

regarding unbudgeted expenditures, obligated future expenditures, and capital contributions to

provide greater insight on how these issues should be handled by the Nation since the Law was

previously silent on these matters. It should be noted that the Law provides that the Oneida Business

Committee shall set through resolution a threshold amount for unbudgeted expenditures that require

notification by the Oneida Business Committee to the General Tribal Council at the next available

General Tribal Council meeting. [1 O.C. 121.6-4(b)]. Notification of unbudgeted expenditures is

currently addressed by Oneida Business Committee resolution BC-10-08-08-A, Adopting

Expenditure Authorization and Reporting Requirements. Resolution BC-10-08-08-A requires that

expenditures for items and specific projects which were not identified in the approved budget and

total two hundred and fifty thousand dollars ($250,000) or more, shall be formally noticed to the

General Tribal Council at the next available General Tribal Council regular or special meeting.

This resolution would control notification of unbudgeted expenditure in compliance with section

121.6-4 of this Law until such a time that the resolution is amended, rescinded, or superseded to

provide a different threshold for unbudgeted expenditures that requires notification to the General

Tribal Council.

G. Grants. A new section regarding grants was added to the Law. Previously, the Law referenced grants

in regard to budget contingency planning, how grant funding may be utilized, and the exhaustion of

non-tribal funds. The Law previously provided that grant funds are exempt from requirements of the

budget contingency plan and any cost containment initiatives as such funding is not reliant on Tribal

contributions. Now the Law addresses expending grant funds, exhaustion of non-tribal funds, grant

reporting, a Grant Reserve Fund Account, and grant funded positions. The Law currently reflects the

same guidance on expending grant funds as was previously included in the Law, except now the Law

clarifies that grant funds may also be utilized for incentives and retention efforts. [1 O.C. 121.7-1(a)].

The Law then clarifies that Grant funds may be utilized for an expenditure even when other policies of

the Nation do not allow for Tribal contribution to make that same expenditure, if only grant funds are

utilized for the expenditure and all requirements or obligations of the grant are met, provided that, grant

funds may be subject to the requirements of the budget contingency plan and any cost containment

initiatives adopted by the Oneida Business Committee. [1 O.C. 121.7-1(b)]. The provision on the

exhaustion of non-tribal funds remains the same as previously included in the Law. The provisions on

grant reporting are new additions to the Law. At the time of submission of proposed annual budgets,

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any fund unit which receives grant funding is required to submit a status report of the grant funding

received to the Oneida Business Committee. [1 O.C. 121.7-3]. The Law now creates a Grant Reserve

Fund account for the Nation, which is an obligated fund, to be used to pre-fund the expenditures of

grants upon receipt, that is fully funded with separately identified cash resources. [1 O.C. 121.7-4]. The

Law then provides guidance on grant funded positions, providing that if the grant funding for a fully

grant funded position is eliminated, then the position shall be eliminated. [1 O.C. 121.7-5]. To transition

a position from grant funding to being funded through the Nation’s budget, a manager shall follow the

standard procedure for seeking the development and approval of a new position in the Nation’s annual

budget and labor allocations. [1 O.C. 121.7-5].

 Effect. The purpose of the new provisions regarding grants that have been added to the Law is to

add clarification to ensure that grants are utilized effectively and efficiently within Nation. The

expanded provisions of the Law regarding the utilization of grants will provide more flexibility in

how grant funds are spent. The provisions of the Law regarding grant reporting will ensure that

pertinent information on grants is efficiently tracked and shared with the Oneida Business

Committee. The creation of the Grant Reserve Fund account will ensure that the Nation is prepared

and ready to pre-fund the expenditure of grants if needed.

H. Debts. A new section regarding debt was added to the Law. Previously, the Law only referenced debt

in regard to allowable payments to be made from the Permanent Executive Contingency Fund account

under budget contingency planning guidelines. This new section of the Law addresses general

provisions on debt, notice of the acquisition of debt, use of debt, credit ratios, and corporate debt. The

Law provides that any acquisition of debt by the Nation shall be processed in accordance with sound

fiscal diligence, and that the Nation will comply with all relevant federal and state banking laws, rules,

and policies applicable to the credit agreement. [1 O.C. 121.8-1]. Any debt instrument utilized by the

Nation is prohibited from exceeding the life of what is being encumbered. [1 O.C. 121.8-1(a)]. The

Law now provides guidance on when the acquisition of debt is required to be noticed to the General

Tribal Council. Any debt underwritten by the Nation for ten million dollars ($10,000,000) or more shall

be noticed to the General Tribal Council at the next available meeting prior to the execution of the

credit agreement encumbering all pledges of repayment. [1 O.C. 121.8-2]. If emergency circumstances

exist which prevents the notice of the acquisition of debt to the General Tribal Council, the Oneida

Business Committee may move forward with the acquisition of debt. [1 O.C. 121.8-2(a)]. Credit can

then be used for project capital, general use, financing of equity, and all unspecified uses. [1 O.C. 121.83]. The Law then provides guidance on maintaining fiscally responsible prudent credit ratios – such as

the Debt Service Coverage Ratio and the Fixed Charge Coverage Ratio – in accordance with low-risk

debt financing options at the specific financial institution. [1 O.C. 121.8-4]. The section on debt then

prohibits the Nation from being obligated to any debt obligations of its corporate entities. [1 O.C. 121.85].

 Effect. It is essential for effective budget management and financial control that the Nation have

guidelines for the acquisition and utilization of debt. The provisions included in the Law will assist

in ensuring that the Nation is fiscally responsible and exercising sound diligence if utilizing debt in

the future.

I. Employment and Labor Allocations. A new section regarding employment and labor was added to

the Law. Previously the Law did not address employment levels within the Nation or labor allocations.

This new section of the Law addresses an employment cap for the Nation, a labor allocations list, and

unbudgeted positions. The Law will now require that the Oneida Business Committee adopt an

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employment cap for the Nation which sets the maximum number of full-time equivalent employees to

be employed by the Nation. [1 O.C. 121.9-1]. The Law also requires that the Oneida Business

Committee adopt a labor allocations list which identifies the number of full-time equivalent employees

each employment area of the Nation is allocated. [1 O.C. 121.9-2]. The Law then prohibits any position

which has not been specifically budgeted for and included in the labor allocation list, while specifying

that budgeted labor dollars and approved positions shall not be transferrable in any form. [1 O.C. 121.93]. Although unbudgeted positions are expressly prohibited, and exception was included in the Law

which allows the Oneida Business Committee to authorize unbudgeted positions for a fund unit. [1

O.C. 121.9-3(a)].

 Effect. This is the first time that an employment cap or a labor allocations list is addressed in the

Law. These provisions were included in the Law to ensure that the Nation maintains a manageable

employment level. Costs related to maintaining the thousands of individuals employed by the

Nation is one of the Nation’s highest costs it must budget for, so it is essential that we are able to

ensure that the Nation maintains control over sustainable employee levels. The requirement to

maintain a labor allocation list will also ensure that the labor distribution throughout the various

employment areas of the Nation is regularly reviewed so that it can be ensured that labor is allocated

throughout the employment areas based on the needs of the Nation so that the best service can be

provided by all employment areas. [1 O.C. 121.9-2]. Although this will be the first time the Law

addresses an employment cap, this issue has previously been addressed through resolution by the

Oneida Business Committee. One such example of the Oneida Business Committee adopting an

employment cap for the Nation occurred within the adoption of the Fiscal Year 2021 budget as

adopted through resolution BC-11-24-20-F, Approval of Final Draft Fiscal Year 2021 Budget and

Budget Directives, which set an employment cap of two thousand and two hundred (2,200)

employees.

J. Budget Contingency Planning. The provisions of the Law regarding budget contingency planning

were moved from what used to be the strategic planning section of the Law to its own section. The

amendments to the budget contingency planning section of the Law clarifies that emergency

proclamations qualify as extreme financial distress, while tribal shutdowns – which occurs when the

General Tribal Council has not approved a budget for the Nation prior to the beginning of a new fiscal

year – does not qualify as extreme financial distress. [1 O.C. 121.10-1(a)]. The Law requires that the

Oneida Business Committee maintain a Permanent Executive Contingency Fund account. Previously,

the Law provided that the Treasurer, in consultation with the CFO, shall establish, and the Oneida

Business Committee shall approve, the level of business continuity funds required in the Permanent

Executive Contingency account, that the Treasurer shall set aside business continuity funds in the

Permanent Executive Contingency account until the established level has been achieved. Now the Law

was clarified that the Permanent Executive Contingency Fund account is a restricted fund, and that

Permanent Executive Contingency Fund account shall consist of a minimum reserve of one (1) year of

operating expenses to ensure continuity of business for the Nation. [1 O.C. 121.10-4(a)]. The

amendments also clarify that the Oneida Business Committee shall approve through the adoption of a

resolution the percentage of the annual budget that is required to be set aside in the Permanent Executive

Contingency Fund account until the established level has been achieved. [1 O.C. 121.10-4(b)].

 Effect. Regarding the clarification on what constitutes extreme financial distress, Tribal shutdowns

was removed from the Law as an example of extreme financial distress because it was not accurate

that the General Tribal Council not approving a budget for the Nation prior to the beginning of a

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new fiscal year that means the Nation has shut down and is in extreme financial distress. The Law

already addresses if the General Tribal Council does not adopt a budget by September 30th of each

year and provides that the Oneida Business Committee may then adopt a continuing budget

resolution(s) until such time as a budget is adopted. [1 O.C. 121.5-4(e)(1)]. Therefore, budget

contingency planning for if the General Tribal Council does not adopt a budget by September 30th

of each year is not necessary. Additionally, emergency proclamations were added as an example of

extreme financial distress based on the Nation’s experience with the COVID-19 pandemic and its

resulting emergency proclamations. Regarding the amendments on the Permanent Executive

Contingency Fund Account, clarification was added so that the Law is specific as to what level of

funds is required to be in the Permanent Executive Contingency Fund account, and that the Oneida

Business Committee will approve through resolution the percentage of the annual budget that is

required to be set aside in the Permanent Executive Contingency Fund account each year. These

clarifications will ensure that the Treasurer and the Oneida Business Committee can properly plan

to fund the Permanent Executive Contingency Fund account so that the Nation is prepared for times

of extreme financial distress.

K. Reporting. Clarification was added to this section of the Law which provides that the Treasurer’s

monthly reports to the Oneida Business Committee should include revenue and expense summaries. [1

O.C. 121.11-1(a)]. Additionally, a new provision was added to this section of the Law which addresses

annual and semi-annual reporting to the General Tribal Council. The Law now states that the Treasurer

shall report on all receipts and expenditures and the amount and nature of all funds in their possession

and custody, at the annual and semi-annual General Tribal Council meetings, and at such other times

as requested by the General Tribal Council or the Oneida Business Committee. [1 O.C. 121.11-2]. The

Treasurer’s reports are also required to include an independently audited annual financial statement that

provides the status or conclusion of all the receipts and debts in possession of the Treasurer including,

but not limited to, all corporations owned in full or in part by the Nation. [1 O.C. 121.11-2(a)].

 Effect. The revisions to the Law in this section provide more clarify on what information is

expected to be included in the Treasurer’s reports to the Oneida Business Committee and the

General Tribal Council. Although a new addition to this Law, the requirements of section 121.112(a) are not new requirements for the Treasurer’s reports, and this information was previously

contained in resolution GTC-11-15-08-C, Treasurer’s Report to include all Receipts and

Expenditures and the Amount and Nature of all Funds in the Treasurer’s Possession and Custody.

L. Enforcement. A provision was added to the enforcement section of the Law that provides that the

Executive Managers shall notify the Oneida Business Committee of any fund unit which does not

comply with the budget schedule or guidelines. [1 O.C. 121.12-1(a)]. A list of any fund unit of an

elected entity which did not comply with the budget schedule or guidelines shall be included in the

annual report to the General Tribal Council. [1 O.C. 121.12-1(a)].

 Effect. This provision was added to the Law to encourage compliance with the Law by the fund

units and ensure there is accountability for those fund units that do not comply with the Law.

Requiring this information to be shared to the Oneida Business Committee or in the annual report

to the General Tribal Council also ensures transparency with the information shared with the

Oneida Business Committee and the General Tribal Council.

M. Minor Drafting Changes. Additional drafting and formatting changes have been made throughout

the Law for clarity.

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

 Administrative Rulemaking law. The Administrative Rulemaking law provides an efficient,

effective, and democratic process for enacting and revising administrative rules. [1 O.C. 106.12].

 Previously, this Law required the Procurement Manual to be adopted as rules in

accordance with the Administrative Rulemaking law. The proposed amendments to the

Law remove this provision and now only require that the Procurement Manual be

approved by the Oneida Business Committee through the adoption of a resolution. [1

O.C. 121.6-2].

 This Law no longer delegates authority for the promulgation of rules in accordance

with the Administrative Rulemaking law.

 Internal Audit Law. The Internal Audit law creates a process by which internal audits are

conducted upon the Nation’s entities and to delegate responsibilities for the purposes of

conducting such audits. [1 O.C. 108.1-1].

 The Law provides that the Internal Audit Department, annually, shall conduct

independent comprehensive performance audits, in accordance with the Nation’s Audit

law, the Financial Accounting Standards Board (FASB) and the Governmental

Accounting Standards Board (GASB), of randomly selected fund units or of fund units

deemed necessary by the Oneida Business Committee or Internal Audit Department.

[1 O.C. 121.11-3].

 Any internal audits conducted by the Internal Audit Department shall be made in

accordance with the audit process provided in the Internal Audit law. [1 O.C. 108.6].

 Emergency Management Law. The purpose of the Emergency Management law is to provide

for the development and execution of plans for the protection of residents, property, and the

environment in an emergency or disaster; provide for the direction of emergency management,

response, and recovery on the Reservation, as well as coordinating with other agencies, victims,

businesses, and organizations; establish the use of the National Incident Management System

(NIMS); and designate authority and responsibilities for public health preparedness. [3 O.C.

302.1-1].

 This Law provides that if the Nation proclaims an emergency, in accordance with the

Emergency Management law, that stays in effect for at least one (1) month and prevents

the presentation to and adoption of the budget by the General Tribal Council, the

Oneida Business Committee shall adopt the Nation’s budget. [1 O.C. 121.5-4(e)(2)].

 Under the Emergency Management law, the Oneida Business Committee is delegated

the responsibility to proclaim or ratify the existence of an emergency. [3 O.C. 302.81]. An 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. [3 O.C. 302.3-1(f)]. No proclamation

of an emergency by the Oneida Business Committee may last for longer than sixty (60)

days, unless renewed by the Oneida Business Committee. [3 O.C. 302.8-2].

 Oneida Personnel Policies and Procedures. The Oneida Personnel Policies and Procedures is

the Nation’s law which governs employment. The Oneida Personnel Policies and Procedures

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provides the process for handling complaints, disciplinary actions, and grievances. [Section

V.D.].

 The Law provides that violations of this Law shall be addressed using the applicable

enforcement tools provided by the Nation’s laws and policies including, but not limited

to, those related to employment with the Nation, conflicts of interest, ethics, and

removal from an elected position. [1 O.C. 121.12-2].

 An employee of the Nation who violates this Law may be addressed through the

disciplinary procedures found in Section V.D. of the Oneida Personnel Policies and

Procedures.

Conflict of Interest Law. The Conflict of Interest law ensures that all employees, contractors,

elected officials, officers, political appointees, appointed and elected members and all others

who may have access to information or materials that are confidential or may be used by

competitors of the Nation’s enterprises or interests be subject to specific limitations to which

such information and materials may be used in order to protect the interests of the Nation. [2

O.C. 217.1-1].

 The Law provides that violations of this Law shall be addressed using the applicable

enforcement tools provided by the Nation’s laws and policies including, but not limited

to, those related to employment with the Nation, conflicts of interest, ethics, and

removal from an elected position. [1 O.C. 121.12-2].

 The Conflict of Interest law provides that if a supervisor is provided credible evidence

that an employee has failed to disclose a conflict of interest, the employee shall be

placed on leave pursuant to the Nation’s Investigative Leave Policy, except that the

duration of the investigation for an alleged conflict of interest shall be concluded within

seven (7) days of the employee being placed on leave. A supervisor shall terminate an

employee from his or her employment with the Nation when an investigation

substantiates that the employee failed to disclose a conflict of interest. [2 O.C. 217.61].

 The Conflict of Interest law provides that an Oneida Business Committee member who

fails to disclose a conflict of interest may be subject to removal pursuant to the

Removal Law or penalties pursuant to laws of the Nation regarding penalties. [2 O.C.

217.6-2].

 The Conflict of Interest law provides that an elected or appointed official of the Nation

who fails to disclose a conflict of interest may be subject to penalties pursuant to laws

of the Nation regarding penalties, and subject to removal pursuant to the Removal Law

for elected members, or have their appointment terminated by the Oneida Business

Committee pursuant to the law governing board, committees and commissions for

appointed members. [2 O.C. 217.6-3].

Code of Ethics. The Code of Ethics law promotes the highest ethical conduct in all its elected

and appointed officials, and employees. [1 O.C. 103.1-1].

 The Law provides that violations of this Law shall be addressed using the applicable

enforcement tools provided by the Nation’s laws and policies including, but not limited

to, those related to employment with the Nation, conflicts of interest, ethics, and

removal from an elected position. [1 O.C. 121.12-2].

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 The Code of Ethics law provides that a government official who violates any portion

of the Code of Ethics as it applies to them, may be subject to removal, if elected, or

termination, if appointed. [1 O.C. 103.6-1(a)].

 The Code of Ethics law provides that an individual from a program or enterprise of the

Nation who violates any portion of the Code of Ethics as it applies to them, may be

subject to the disciplinary procedures found in the Oneida Personnel Policies and

Procedures. [1 O.C. 103.6-1(b)].

Removal Law. The Removal law governs the removal of persons elected to serve on boards,

committees, and commissions of the Nation. [1 O.C. 104.1-1].

 The Law provides that violations of this Law shall be addressed using the applicable

enforcement tools provided by the Nation’s laws and policies including, but not limited

to, those related to employment with the Nation, conflicts of interest, ethics, and

removal from an elected position. [1 O.C. 121.12-2].

 An elected official of the Nation who violates this Law may be addressed through the

removal procedures found the Removal law.

Furlough Policy. The Furlough Policy enables the Nation to implement a furlough as a tool to

remedy an operating budget deficit. [2 O.C. 205.1-1].

 This Law provides that as part of the budget contingency plan, the Oneida Business

Committee may require the use of cost saving tools, provided that the use of such

complies with all laws of the Nation. [1 O.C. 121.10-2]. Cost saving tools may include

furloughs. [1 O.C. 121.10-2(c)].

 Any furloughs made as part of the Nation’s budget contingency plan shall be made in

accordance with the furlough process provided in the Furlough Policy. [2 O.C. 205].

Layoff Policy. The purpose of the Layoff Policy is to establish a fair, respectful policy for

employee layoff and recall which enables the Nation’s programs and enterprises to operate

effectively and efficiently in varying economic conditions within the parameters of Oneida

Nation Seventh Generation mission, priorities, and objectives. [2 O.C. 207.1-1].

 This Law provides that as part of the budget contingency plan, the Oneida Business

Committee may require the use of cost saving tools, provided that the use of such

complies with all laws of the Nation. Cost saving tools may include layoffs.

 Any layoffs made as part of the Nation’s budget contingency plan shall be made in

accordance with the layoff process provided in the Layoff Policy. [2 O.C. 207].

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SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

A. Enforcement. The Law provides that all employees and officials of the Nation are required to comply

with and enforce this Law to the greatest extent possible. [1 O.C. 121.12-1]. The Executive Managers

are required to notify the Oneida Business Committee of any fund unit which does not comply with the

budget schedule or guidelines. A list of any fund unit of an elected entity which did not comply with

the budget schedule or guidelines shall be included in the annual report to the General Tribal Council.

[1 O.C. 121.12-1].

B. Consequences of Violation of this Law. Violations of this law shall be addressed using the applicable

enforcement tools provided by the Nation’s laws and policies including, but not limited to, those related

to employment with the Nation, conflicts of interest, ethics, and removal from an elected position. [1

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O.C. 121.12-2]. Additionally, this Law does not preclude the Nation from pursuing civil or criminal

charges under any federal or state civil or criminal laws, or any laws of the Nation. [1 O.C. 121.12-3].

SECTION 9. OTHER CONSIDERATIONS

A. Approval Through Adoption of a Resolution. There are many instances throughout this Law in which

the approval of information, plans, or guidelines by the Oneida Business Committee or the General

Tribal Council is required to occur through the adoption of a resolution.

 Examples. Examples of the requirement of approval through the adoption of a resolution can be

seen in the following instances throughout the Law:

 Section 121.5-4 Budget Schedule and Guidelines. The Treasurer is required to submit

budget guidelines to the Oneida Business Committee for review and approval through the

adoption of a resolution.

 Section 121.5-4(3) Budget Schedule and Guidelines Deadline. The Oneida Business

Committee is required to set a deadline through the adoption of a resolution for when the

Treasurer shall submit their budget guidelines to the Oneida Business Committee for

review and approval.

 Section 121.5-4(c) Final Draft Budget. The Oneida Business Committee shall approve,

by resolution, the final draft budget to be presented to the General Tribal Council.

 Section 121.5-4(e) Budget Adoption. The Oneida Business Committee shall present the

budget to the General Tribal Council with a request for adoption by resolution no later than

September 30th of each year.

 Section 121.5-4(e)(1) Continuing Budget Resolution. If the General Tribal Council does

not adopt a budget by September 30th, the Oneida Business Committee may adopt a

continuing budget resolution(s) until such time as a budget is adopted by the General Tribal

Council.

 Section 121.5-5 Amendments to the Nation’s Budget. The Oneida Business Committee

shall be responsible for adopting any amendment to the budget through resolution of the

Nation.

 Section 121.6-2 Procurement Manual. The Procurement Manual, and any amendments

thereto, shall be approved by the Oneida Business Committee through adoption of a

resolution.

 Section 121.6-4(a) Approval of Unbudgeted Expenditures. The Oneida Business

Committee shall approve any unbudgeted expenditure through the adoption of a resolution

prior to the expenditure being made by a fund unit.

 Section 121.6-4(b) Notification of Unbudgeted Expenditures. The Oneida Business

Committee shall set through resolution a threshold amount for unbudgeted expenditures

that require notification by the Oneida Business Committee to the General Tribal Council

at the next available General Tribal Council meeting.

 Section 121.6-4(c) Unbudgeted Supplemental Funding. If the Nation receives any

supplemental or emergency funding of two hundred and fifty thousand dollars ($250,000)

or more, the Oneida Business Committee shall develop and adopt, through resolution, a

spending plan to guide expenditures of the supplemental funding in accordance with any

provided guidance for the supplemental funding and audit compliance.

Page 18 of 19

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 Section 121.6-5 Obligated Future Expenditures. No fund unit shall obligate the Nation

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to make any future expenditures beyond the current budget year unless the fund unit

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identifies, and the Oneida Business Committee approves through the adoption of a

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resolution, the source and extent of any future funds that are recommended to be held in

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reserve to meet that future obligation.

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 Section 121.9-1 Employment Cap. The Oneida Business Committee shall have the

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authority to approve this employment cap, and any amendments thereto, through the

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adoption of a resolution.

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 Section 121.9-2 Labor Allocations List. The Oneida Business Committee shall have the

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authority to adopt the labor allocation list, and any amendments thereto, through the

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adoption of a resolution.

748

 Section 121.9-2 Labor Allocations List SOP. The Oneida Business Committee shall

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approve this standard operating procedure for revisions to the labor allocations list, and

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any amendments thereto, through the adoption of a resolution.

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 Section 121.9-3 Unbudgeted Positions. The Oneida Business Committee shall authorize

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the approval of an unbudgeted position through the adoption of a resolution.

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 Section 121.10-1(b) Budget Contingency Plan. The Oneida Business Committee shall

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approve the budget contingency plan, and any amendments thereto, through the adoption

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of a resolution.

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 Section 121.10-4 Permanent Executive Contingency Fund Account. The Treasurer, in

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consultation with the CFO, shall establish, and the Oneida Business Committee shall

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approve through the adoption of a resolution, the percentage of the annual budget that shall

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be set aside in the Permanent Executive Contingency Fund account until the established

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level has been achieved.

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 Conclusion. The Legislative Operating Committee will need to ensure that any information that is

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required to be approved through resolution prior to this Law being implemented is presented to the

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Oneida Business Committee for consideration in a resolution at the time of adoption of this Law.

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Additionally, the Legislative Operating Committee will need to ensure the Oneida Business

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Committee is aware of its responsibilities of approving information, guidelines, or plans through

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the adoption of a resolution when it is applicable.

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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC769

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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

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completing the fiscal impact statement.

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 Conclusion. The Finance Department provided a fiscal impact statement for the proposed

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amendments to this Law on April 14, 2022.

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Title 1. Government and Finances – Chapter 121

BUDGET MANAGEMENT AND CONTROL

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We have a certain amount of money

BUDGET AND FINANCES

121.1.

121.2.

121.3.

121.4.

121.5.

121.6.

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Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Strategic Planning

Budget Process

Capital Improvements

121.7.

121.8.

121.9.

121.10.

121.11.

121.12.

Appropriation of the Nation’s Funds

Budget Authority

Budget Transfers; Amendments

Reporting

Authorizations and Signatures

Enforcement and Penalties

121.1.

Purpose and Policy

121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the

Oneida Business Committee and Oneida fund units when preparing the budget to be presented to

the General Tribal Council for approval, and to establish financial policies and procedures for the

Nation which: a triennial strategy planning process for the Nation’s budget.

(a) 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;

(b) 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;

(c) 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;

(d) establish a framework for effective financial risk management; and

(e) encourage participation by the Nation’s membership.

121.1-2. Policy. It is the policy of the Nation to rely on value-based balanced-based budgeting

strategies, identifying proper authorities and ensuring compliance and enforcement. The Nation

shall use Generally Accepted Accounting Principles (GAAP), established by the Financial

Accounting Standards Board, and the Governmental Accounting Standards Board (GASB) in

accounting and reporting for the financial activities of the various entities of the Nation, unless

they conflict with applicable legal requirements.

121.2.

Adoption, Amendment, Repeal

121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and amended by resolution BC-__-__-__-__.

121.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

121.2-3. 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.

121.2-4. 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. Provided that, nothing in this law amends or repeals the

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requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting

Requirements.

121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

121.3.

Definitions

121.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Appropriation” means the legislative act of designating funds for a specific purpose

in accordance with the provisions contained in this law.

(a) “Balanced budget” means that the cost of current expenses and service provisions is

equal to the forecasted current revenue sources.

(b) “Capital contribution” means an act of giving money or assets to a company or

organization.

(bc) “Capital expenditure” means any non-recurring and non-physical improvement as

follows:

(1) Any item with a cost of five thousand dollars ($5,000.00) or more and an

estimated useful life of one (1) year or more; or

(2) Items purchased together where none of the items individually costs more than

two thousand dollars ($2,000.00), but the total purchase price for all of the items is

ten thousand dollars ($10,000.00) or more.

(cd)

“Capital improvement” means a non-recurring expenditure for physical

improvements, including costs for:

(1) acquisition of existing buildings, land, or interests in land;

(A) Acquisition of existing buildings and land completed by the Oneida

Land Commission are not included in this definition.

(2) construction of new buildings or other structures, including additions and major

alterations;

(3) acquisition of fixed equipment;

(4) landscaping;

(5) physical infrastructure; and

(6) similar expenditures with a cost of five thousand dollars ($5,000.00) or more

and an estimated a useful life of one (1) year or more.1

(de) “CFO” means the Nation’s Chief Financial Officer, or their designee at their

discretion.

(ef) “Debt” means the secured or unsecured obligations owed by the Nation.

(g) “Debt Service Coverage Ratio” means a measurement of creditors available cash flow

to pay debt obligations. This ratio evaluates if an entity has income capacity to service

debts.

1

Acquisition of existing buildings and land completed by the Oneida Land Commission are not included in the

definition of “Capital Improvement.”

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(h) “Enterprise” means any area or activity of the Nation that is engaged in for the business

of profit.

(f) “Economic life” means the length of time an asset is expected to be useful.

(gi) “Executive Mmanager” means a position of employment within the Nation that is the

highest level in the chain of command under the Oneida Business Committee who is

responsible for a department or division of the Nation, as identified by the Oneida Business

Committee through the adoption of a resolution. any one of the following positions within

the Nation: Chief Executive Officer/General Manager, Gaming General Manager, Legal

Counsel and/or Chief Financial Officer.

(hj) “Expenditure report” means a financial report which includes, but is not limited to, a

statement of cash flows, revenues, costs and expenses, assets, liabilities, and a statement of

financial position.

(k) “Finance Administration” means the department of the Nation which consists of the

Chief Financial Officer, Assistant Chief Financial Officer, the executive assistant to the

Chief Financial Officer, and any other designated employee.

(il) “Fiscal year” means the one (1) year period each year from October 1 st to September

30th.

(m) “Fixed Charge Coverage Ratio” means a measurement of a creditors capacity of

earnings level or ability to cover its fixed charges such as debt payments, interest expenses,

and leases expenses. Financial institutions will evaluate this ratio for purposes of credit

risk.

(jn) “Fund unit” means any board, committee, commission, service, program, enterprise,

department, office, or any other division or non-division of the Nation which receives an

appropriation approved by the Nation.

(o) “Government service” means any area or activity of the Nation that is not expected to

create revenue for the Nation and not expected to make a profit at any time.

(k) “General reserve fund” means the Nation’s main operating fund which is used to

account for all financial resources not accounted for in other funds.

(l) “GTC allocations” means expenditures directed by the General Tribal Council as

required payments and/or benefits to the Nation’s membership and are supported by either

a General Tribal Council or Oneida Business Committee resolution.

(mp) “Line item” means the specific account within a fund unit’s budget or category that

expenditures are charged to.

(nq) “Manager” means the person in charge of directing, controlling, and administering

the activities of a fund unit.

(or) “Nation” means the Oneida Nation.

(p) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted in accordance with the Administrative Rulemaking law based on authority

delegated in this law in order to implement, interpret and enforce this law.

(s) “Secretary” means the Oneida Nation Secretary, or their designee at their discretion.

(qt) “Treasurer” means the elected Oneida Nation Treasurer, or his or her their designee

at their discretion.

121.4.

Strategic Planning Authority and Responsibilities

121.4-1. Oneida Business Committee. The Oneida Business Committee shall:

(a) oversee the development of the Nation’s budget;

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(b) oversee the implementation of the Nation’s budget;

(c) develop priorities, a strategic plan, or broad goals to assist in guiding the budget; and

(d) exercise the authority provided in Article IV, Section 1, of the Constitution and Bylaws

of the Oneida Nation, as delegated to the Oneida Business Committee by the General Tribal

Council. Triennial Strategic Plan. Prior to December 1st of each year, the Oneida Business

Committee, in consultation with the Executive Managers, shall develop a triennial strategic

plan which includes, but is not limited to:

(a) Major policy and budgetary goals for the Nation, both long and short term;

(b) Specific strategies and planned actions for achieving each goal; and

(c) Performance targets and indicators to track progress which, to the extent available,

includes, but is not limited to:

(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal

years; and

(2) Performance targets for, at a minimum, the next three (3) complete fiscal years

moving forward.

121.4-2. Treasurer. In accordance with the Constitution and Bylaws of the Oneida Nation, the

Nation’s Treasurer shall:

(a) accept, receive, receipt for, preserve and safeguard all funds in the custody of the

Nation, whether they be funds of the Nation or special funds for which the Nation is acting

as trustee or custodian;

(b) deposit all funds in such depository as the Nation shall direct and shall make and

preserve a faithful record of such funds;

(c) submit expenditure reports and other financial reports as deemed necessary by the

Oneida Business Committee or the General Tribal Council at:

(1) the annual General Tribal Council meeting;

(2) the semi-annual General Tribal Council meeting; and

(3) other such times as may be directed by the Oneida Business Committee or the

General Tribal Council; and

(d) present the proposed draft budget to the General Tribal Council at the annual budget

meeting. Fund Units’ Contributions to the Triennial Strategic Plan. Managers shall

annually develop, submit and maintain a triennial strategic plan for the fund unit’s

operations which aligns with the triennial strategic plan established by the Oneida Business

Committee pursuant to 121.4-1. Managers shall submit the fund unit’s triennial strategic

plan to the CFO when the fund unit’s budget is due and, at a minimum, shall include the

following in the plan:

(a) A statement of the fund unit’s mission;

(b) Specific goals including a description of the fund unit’s strategies as part of its service

group provided in 121.5-3(c) which aligns with the goals established in the Nation’s

triennial strategic plan;

(c) Specific strategies for achieving each of the fund unit’s goals; and

(d) Performance targets and indicators to track progress which, to the extent available,

includes, but is not limited to:

(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal

years; and

(2) Performance targets for, at a minimum, the next three (3) complete fiscal years

moving forward.

1 O.C. 121- Page 4

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121.4-3. Chief Financial Officer. The CFO shall:

(a) ensure the Nation’s budget is properly implemented;

(b) provide managers with monthly revenue and expense reports;

(c) assist with the submission and presentation of the Treasurer’s report to the Oneida

Business Committee, which shall specifically include any monthly variances that are

either:

(1) a difference of three percent (3%) or more from the adopted annual budget; or

(2) fifty thousand dollars ($50,000) or more in total;

(d) provide the Oneida Business Committee with information and reports as requested;

(e) present the Treasurer’s report and hold financial condition meetings with the Nation’s

management on a minimum of a quarterly basis; and

(f) inform the appropriate Executive Manager of any fund unit which does not follow the

budget development process guidelines or deadlines as set forth by the Treasurer.

Budget Contingency Plan. The Oneida Business Committee shall work with the CFO, executive

managers and managers to create a budget contingency plan which provides a strategy for the

Nation to respond to extreme financial distress that could negatively impact the Nation. The

Oneida Business Committee shall approve, by resolution, the budget contingency plan and any

amendments thereto. The Oneida Business Committee is responsible for the implementation of

the budget contingency plan, provided that such implementation is predicated on the Oneida

Business Committee’s determination that the Nation is under extreme financial distress. For the

purposes of this section, extreme financial distress includes, but is not limited to, natural or humanmade disasters, United States Government shutdown, Tribal shutdown (which occurs when the

General Tribal Council has not approved a budget for the Nation prior to the beginning of a new

fiscal year) and economic downturns.

(a) Cost Savings Tools. As part of the budget contingency plan, the Oneida Business

Committee may require stabilization funds, reductions of expenditures, furloughs and other

cost saving tools provided that such tools are in compliance with the Nation’s laws,

specifically the Nation’s employment laws, rules and policies.

(b) Business Continuity Fund. The Oneida Business Committee shall maintain a

Permanent Executive Contingency account within the ownership investment report to be

used to prevent default on debt and to sustain operations during times of extreme financial

distress. The Treasurer, in consultation with the CFO, shall establish, and the Oneida

Business Committee shall approve, the level of business continuity funds required in the

Permanent Executive Contingency account. The Treasurer shall set aside business

continuity funds in the Permanent Executive Contingency account until the established

level has been achieved. Funds in the Permanent Executive Contingency may only be used

for the following purposes and only to the extent that alternative funding sources are

unavailable:

(1) Payments to notes payable to debt service, both principal and interest, and

applicable service fees;

(2) Employee payroll, including all applicable taxes;

(3) Payments to vendors for gaming and retail;

(4) Payments to vendors for governmental operations;

(5) Payments to any other debt; and

(6) To sustain any of the Nation’s other operations during implementation of the

budget contingency plan.

1 O.C. 121- Page 5

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(c) Grant Funds. Grant funds are exempt from requirements of the budget contingency

plan and any cost containment initiatives as such funding is not reliant on Tribal

contributions. Grant funds shall be spent according to any non-negotiable grant

requirements and guidelines of the granting agency to include purchases, travel, training,

hiring grant required positions and any other requirements attached to the funds as a

condition of the Nation’s acceptance of the grant funds.

121.4-4. Managers. Managers shall:

(a) Eensure that their business units operate, on a day-to-day basis, in compliance with the

budget adopted pursuant to this law;

(b) Rreport to the CFO and their relevant Executive Manager explanations and corrective

actions for any monthly variance that is either:

(1) a difference of three percent (3%) or more from the adopted annual budget; or

(2) fifty thousand dollars ($50,000) or more in total;

(c) Ssubmit budget review reports to the CFO on a reasonable and timely basis not to

exceed thirty (30) calendar days from the end of the month; and

(d) submit a budget for their fund unit in accordance with the budget schedule and

guidelines as adopted by the Oneida Business Committee.

121.5.

Budget Process

121.5-1. General. The Nation shall develop, adopt, and manage an annual budget. All revenues

and expenditures of the Nation shall be in accordance with the annual budget adopted by the

General Tribal Council. In creating the budget to present to the General Tribal Council for

consideration, the Oneida Business Committee, executive managers and managers shall follow the

processes provided in this law. The Oneida Business Committee may alter the deadlines provided

in this law only upon a showing of good cause, provided that, the Oneida Business Committee

shall approve any such alterations by resolution.

(a) The Nation’s budget shall be a balanced budget and not propose to spend more funds

than are reasonably expected to become available to the Nation during that fiscal year.

(1) Underwriting debt resources or the utilization of existing debt instruments shall

be expressly prohibited from use to balance the Nation’s annual budget.

(b) The budget shall align with any strategic plan, broad goals, or priorities developed and

adopted by the Oneida Business Committee on behalf of the Nation.

(c) The Nation’s corporate entities shall not be included in the Nation’s budget.

121.5-2. Content of the Budget. The Nation’s budget shall include the following information:

(a) Estimated revenues to be received from all sources;

(b) The individual budgets of each fund unit;

(c) A description of each line item within each fund unit’s budget;

(d) The estimated expenditures by each fund unit; and

(e) Summary of employment position counts including prior year, current year, and

budgeted year.

Community Input Budget Meeting(s). The Treasurer’s office shall schedule, at a minimum, one

(1) community input budget meeting(s) prior to December 1st of each year. At the community

input budget meeting(s), the Treasurer shall afford community members an opportunity to provide

input as to what should be included in the upcoming fiscal year budget. Any fund units that plan

to request forecast variations for the upcoming budget shall present the need and anticipated dollar

amount of the requested forecast variation. For the purposes of this section, a forecast variation is

1 O.C. 121- Page 6

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a fund unit’s requested deviation from the performance targets the fund unit submitted pursuant to

121.4-2(d)(2).

(a) The Treasurer shall ensure the community budget input meeting(s) are voice recorded

and transcribed.

(b) The CFO shall provide recommendations as to any forecast variations requested by

fund units.

(c) The CFO and any relevant managers shall provide responses and/or recommendations

to all comments and considerations presented by community members.

(d) The Treasurer shall work with the CFO to place a community budget input meeting

packet on the Oneida Business Committee agenda no later than the last Oneida Business

Committee Meeting in January. At a minimum, the packet is required to include:

(1) The community input budget meeting(s) transcript(s);

(2) Any applicable fund unit’s requested forecast variations; and

(3) Responses and/or recommendations by the CFO and any relevant managers

regarding requests for forecast variations and community members’ comments and

considerations related to forecast variations.

121.5-3. Fund Categories. The Nation’s budget shall include, but not be limited to, the following

categories of fund accounts:

(a) General Fund. The General Fund account is the Nation’s main operating fund which

is used to account for all financial resources not accounted for in other funds.

(b) Permanent Executive Contingency Fund. The Permanent Executive Contingency Fund

account is used by the Nation to prevent default on debt and to sustain operations during

times of extreme financial distress.

(c) Grant Reserve Fund. The Grant Reserve Fund account is used by the Nation to prefund the expenditures of grants upon receipt.

Priority List Established by the Oneida Business Committee. The Oneida Business Committee

shall review the community input budget meeting packet and shall hold work meetings to create a

priority list.

(a) The Oneida Business Committee shall establish the priority list by placing the

following services provided by the Nation in chronological order with the lowest number

having the highest priority. The order of the following service groups provided below has

no relation to the service groups’ anticipated and/or required placement within the Oneida

Business Committee’s priority list; the Oneida Business Committee’s priority list may vary

from year to year based on the needs of the Nation.

(1) Protection and Preservation of Natural Resources

(2) Protection and Preservation of Oneida Culture and Language

(3) Education and Literacy

(4) Health Care

(5) Economic Enterprises

(6) Building and Property Maintenance

(7) Human Services

(8) Public Safety

(9) Housing

(10) Utilities, Wells, Wastewater and Septic

(11) Planning, Zoning and Development

(12) Membership Administration

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(13) Government Administration

(b) The Oneida Business Committee shall approve the priority list by resolution no later

than the last meeting in February.

(c) The CFO shall maintain a list which places each fund unit into a corresponding service

group.

121.5-4. Budget Adoption Procedure. The Nation shall develop and adopt its budget according

to the following procedures:

(a)

Budget Schedule and Guidelines. The Treasurer shall develop the necessary

guidelines, including specific timelines and deadlines, to be followed by the managers that

have budget responsibility in preparing and submitting proposed budgets. The Treasurer

shall submit the guidelines to the Oneida Business Committee for review and approval

through the adoption of a resolution.

(1) The budget schedule and guidelines shall include at least one (1) opportunity

for community input from the Nation’s membership on what should be included in

the upcoming fiscal year budget.

(2) Each fund unit shall be responsible for complying with the budget schedule and

guidelines to submit a proposed budget to the Treasurer. The Finance

Administration shall not submit any budget on behalf of a fund unit unless granted

express permission by the Oneida Business Committee.

(3) The Oneida Business Committee shall set a deadline through the adoption of a

resolution for when the Treasurer shall submit their budget guidelines to the Oneida

Business Committee for review and approval.

(b) Annual Proposed Budgets. The Treasurer shall receive, review, and compile the

proposed budgets from all the fund units into the Nation’s draft budget. The Treasurer shall

present the Nation’s draft budget to the Oneida Business Committee for review each year

to ensure that it is consistent with the Nation’s strategic plan, broad goals, and budget

strategy.

(1) Notification of Budget Increase or Decrease. The Treasurer shall identify in

the budget guidelines a percentage of an increase or decrease in a fund unit’s budget

from the prior year budget that is required to be noticed to the Oneida Business

Committee. The Treasurer shall notify the Oneida Business Committee of any fund

units whose proposed budget increased or decreased by this percentage.

(c) Final Draft Budget. The Oneida Business Committee shall work with the Treasurer,

CFO, and managers to compile a final draft budget to be presented to the General Tribal

Council. The Oneida Business Committee shall approve, by resolution, the final draft

budget to be presented to the General Tribal Council.

(d) Community Meetings. Once the Oneida Business Committee has approved the final

draft budget, the Treasurer shall hold, at a minimum, two (2) community informational

meetings to present the contents of the final draft budget that will be presented to the

General Tribal Council.

(e) Budget Adoption. The Oneida Business Committee shall present the budget to the

General Tribal Council with a request for adoption by resolution no later than September

30th of each year. The General Tribal Council shall be responsible for adopting the

Nation’s budget.

(1) Continuing Budget Resolution. In the event that the General Tribal Council

does not adopt a budget by September 30th, the Oneida Business Committee may

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adopt a continuing budget resolution(s) for a period of time not to exceed three (3)

months, until such time as a budget is adopted by the General Tribal Council. If the

General Tribal Council does not adopt a budget within three (3) months of the

adoption of the continuing budget resolution, then the Oneida Business Committee

shall adopt the Nation’s budget.

(2) Emergency Budget Adoption. In the event that the Nation proclaims an

emergency, in accordance with the Emergency Management law, that stays in effect

for at least one (1) month and prevents the presentation to and adoption of the

budget by the General Tribal Council, the Oneida Business Committee shall adopt

the Nation’s budget.

Annual Proposed Budgets. The CFO shall develop the necessary guidelines, including specific

deadlines, to be followed by the managers that have budget responsibility in preparing and

submitting proposed budgets. Upon review of the Nation’s economic state, the CFO shall include

in the guidelines the exact amount that each service group’s cumulative budget is required to be

increased/decreased in accordance with its placement on the priority list. The CFO shall submit

the guidelines, as approved by the Treasurer, to the Oneida Business Committee for review in

accordance with the deadline as set by the Oneida Business Committee. The Oneida Business

Committee may revise the guidelines as it deems necessary and shall approve a set of budgetary

guidelines within thirty (30) calendar days of the date the budgetary guidelines proposed by the

CFO were received.

(a) In accordance with the approved budgetary guidelines, fund units offering like services

shall meet together to review each fund unit’s budget and discuss strategies for attaining

compliance with the approved budgetary guidelines. Each service group shall submit one

(1) draft budget which contains each fund unit’s individual proposed budget and

demonstrates cumulative compliance with the approved budgetary guidelines.

(b) The CFO shall receive, review and compile the proposed budgets into the Nation’s draft

budget which the CFO shall present to the Oneida Business Committee no later than the

last Oneida Business Committee meeting in May. The CFO may not alter any proposed

budgets until such budgets have been reviewed by the Oneida Business Committee.

(1) The CFO shall return any service group’s draft budget that is in non-compliance

with the approved budgetary guidelines within ten (10) business days of the date

the budget was submitted to the CFO.

(2) Upon return, the CFO shall notice the service group of the amount of its noncompliance and provide the service group with a deadline for a compliant

resubmission.

(3) Any service group’s budget that remains in non-compliance upon the expiration

of the deadline provided by the CFO shall be included in the draft budget submitted

to the Oneida Business Committee noting the dollar amount of the service group’s

non-compliance. A service group’s continued non-compliance may result in

employee discipline according to the Nation’s laws, rules and policies governing

employment.

121.5-5. Amendments to the Nation’s Budget. After the budget is adopted, amendments of the

budget shall not be permitted unless it is necessary to avoid a budget deficit. The Treasurer and

CFO shall identify when forecasted revenue and forecasted expenses are impacted in a manner

which creates a deficit for the current fiscal year. The CFO shall provide the Oneida Business

Committee a written fiscal analysis and any input on the potential budget amendment. The Oneida

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This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Oneida Business Committee (2022) | Frix