# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af1072697af9cdda7 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 508 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center 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 A good mind. A good heart. A strong fire. 2 of 508 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center 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. ~ Legislative Operating Committee Meeting Minutes of April 20, 2022 Page 1 of 2 ONEIDA 3 of 508 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 Page 2 of 2 4 of 508 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 Page 1 of 6 A good mind. A good heart. A strong fire. 5 of 508 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 A good mind. A goodcarried. heart. A strong fire. and Control law amended, seconded by Jennifer Webster. Motion ~ Page 2 of 6 ONEIDA 6 of 508 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. A good mind. A good heart. A strong fire. Page 3 of 6 ~ ONEIDA 7 of 508 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 A good mind. A good heart. A strong fire. Page 4 of 6 ~ ONEIDA 8 of 508 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. Page 5 of 6 ~ ONEIDA 9 of 508 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. Page 6 of 6 ~ ONEIDA 10 of 508 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 Page 1 of 3 \ A good mind. A good heart. A strong fi re. 11 of 508 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 A good mind. A good heart. A strong fire. ~ ONEIDA 12 of 508 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 Page 3 of.3 A good mind. A good heart. A strong fire. ~ ONEIDA 13 of 508 Oneida Nation 14 of 508 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Amendments to the Budget Management and Control Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 15 of 508 BC Resolution _____________ Amendments to the Budget Management and Control Law Page 2 of 4 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 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 16 of 508 BC Resolution _____________ Amendments to the Budget Management and Control Law Page 3 of 4 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 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 17 of 508 BC Resolution _____________ Amendments to the Budget Management and Control Law Page 4 of 4 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 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. 18 of 508 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. Page 1 of 5 A good mind. A good heart. A strong fire. 19 of 508 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 Page 2 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 20 of 508 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 Page 3 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 21 of 508    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 Page 4 of 5 A good mind. A good heart. A strong fire. ~ ONEIDA 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 A good mind. A good heart. A strong fire. ~ ONEIDA 23 of 508 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 17 18 19 20 21 22 23 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. Page 2 of 19 25 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 38 39 40 41 42 43 44 45 46 47 48 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. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 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. 68 69 70 71 72 73 74 75 76 77 78 79 80 81 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 Page 3 of 19 26 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 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.  Page 4 of 19 27 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 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  Page 5 of 19 28 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212   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 Page 6 of 19 29 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 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 Page 7 of 19 30 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 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. Page 8 of 19 31 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 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 Page 9 of 19 32 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 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 Page 10 of 19 33 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 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, Page 11 of 19 34 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 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 Page 12 of 19 35 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 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 Page 13 of 19 36 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 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. Page 14 of 19 37 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 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 Page 15 of 19 38 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650   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]. Page 16 of 19 39 of 508 Analysis to Draft 3 for OBC Consideration 2022 05 11 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682     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 a [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af1072697af9cdda7. Public record. Not legal advice.