Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, March 10, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to TribalSecretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

A.

Approve the February 24, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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March 10, 2021

Public Packet

V.

VI.

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RESOLUTIONS

A.

Adopt resolution entitled Amendments to the Emergency Management and

Homeland Security Law

Sponsor: David P. Jordan, Councilman

B.

Adopt resolution entitled Emergency Management Law Citation Schedule

Sponsor: David P. Jordan, Councilman

C.

Adopt resolution entitled Amendments to the Community Support Fund Law

Sponsor: David P. Jordan, Councilman

D.

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until April 12, 2021

Sponsor: Tehassi Hill, Chairman

STANDING COMMITTEES

A.

VII.

LEGISLATIVE OPERATING COMMITTE

1.

Accept the February 17, 2021, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

2.

Approve the Oneida Trust Enrollment Committee (OTEC) Bylaws amendments

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

A.

Post one (1) vacancy - Oneida Police Commission

Sponsor: Lisa Liggins, Secretary

B.

Authorize the use of stories from the Wisconsin Oneida Language Preservation

Project by Dr. Wendi Sierra for the purposes of creating interactive narratives to

teach vocabulary words in Oneida

Sponsor: Jo Anne House, Chief Counsel

C.

Accept the recommendation to approve of documentary film request regarding

Applefest

Sponsor: Jo Anne House, Chief Counsel

D.

Approved Oneida Airport Hotel Corporation resolution entitled Resolution Number

02-24-21 A Resolution to Approve Amendment of Bylaws

Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Hotel Corporation

E.

Review the Oneida Gaming Commission Chapter 5 Oneida Gaming Minimum Internal

Controls and determine appropriate next steps

Sponsor: Mark A. Powless, Chairman/Oneida Gaming Commission

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Regular Meeting Agenda

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F.

VIII.

REPORTS

A.

IX.

Review the Oneida Gaming Commission Chapter 3 Oneida Gaming Minimum Internal

Controls and determine appropriate next steps

Sponsor: Mark A. Powless, Chairman/Oneida Gaming Commission

CORPORATE BOARDS

1.

Accept the Bay Bank FY-2021 1st quarter report

Sponsor: Jeff Bowman, President/Bay Bank

2.

Accept the Oneida ESC Group, LLC FY-2021 1st quarter report

Sponsor: John L. Breuninger, Chairman/Oneida ESC Group, LLC

3.

Accept the Oneida Airport Hotel Corporation FY-2021 1st quarter report

Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Hotel Corporation

4.

Accept the Oneida Golf Enterprise FY-2021 1st quarter report

Sponsor: James Petitjean, Agent/Oneida Golf Enterprise

EXECUTIVE SESSION

A.

B.

REPORTS

1.

Accept the Bay Bank FY-2021 1st quarter executive report

Sponsor: Jeff Bowman, President/Bay Bank

2.

Accept the Oneida ESC Group, LLC FY-2021 1st quarter executive report

Sponsor: John L. Breuninger, Chairman/Oneida ESC Group, LLC

3.

Accept the Oneida Airport Hotel Corporation FY-2021 1st quarter executive

report

Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Corporation

4.

Accept the Oneida Golf Enterprise FY-2021 1st quarter executive report

Sponsor: ames Petitjean, Agent/Oneida Golf Enterprise

5.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

6.

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

AUDIT COMMITTEE

1.

Accept the January 21, 2021, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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C.

D.

X.

2.

Accept the Cultural Heritage performance assurance audit and life the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

3.

Accept the Oneida Child Care performance assurance audit and life the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

4.

Accept the Cage/Vault/Kiosk compliance audit and life the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

5.

Accept the Four Card Poker Rules of Play compliance audit and life the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

UNFINISHED BUSINESS

1.

Review COVID-19 Paid Time SOP and determine next steps

Sponsor: Geraldine Danforth, Area Manager/Human Resources

2.

Review follow up regarding audit # 368 and determine next steps BCAR

Sponsor: Geraldine Danforth, Area Manager/Human Resources

NEW BUSINESS

1.

Enter e-poll results into the record regarding the approved contract - Sweet &

Associates LLC - file #2021-0127

Sponsor: Lisa Liggins, Secretary

2.

Review request and determine next steps - BC DR08

Sponsor: Jessica Vandekamp, Employee Relations/Oneida Business Committee

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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March 10, 2021

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Approve the February 24, 2021, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

03/10/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Fiscal Impact Statement ☐ Presentation

☐ Contract Document(s) ☐ Law

☐ Report

☐ Correspondence

☐ Legal Review

☐ Resolution

☐ Draft GTC Notice

☒ Minutes

☐ Rule (adoption packet)

☐ Draft GTC Packet

☐ MOU/MOA

☐ Statement of Effect

☐ E-poll results/back-up ☐ Petition

☐ Travel Documents

☐ Other: Please note – due to technical difficulties, the time stamps are not available and

will be added

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other:

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, February 24, 2021

Microsoft Teams1

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary

Lisa Liggins, Council members: Daniel Guzman King, Kirby Metoxen, Marie Summers, Jennifer Webster;

Not Present: Councilman David P. Jordan;

Arrived at: n/a

Others present: Jo Anne House, Debbie Thundercloud, Larry Barton, Melinda J. Danforth, Cheryl

Stevens, Renita Hernandez, Mark A. Powless Sr., Clorissa Santiago, Debra J. Danforth, Donald

Dechamps, Jacque Boyle, Ravinder Vir, Jason Doxtator, Eric Bristol, Jacqueline Smith, Leslie Doxtator,

Michelle Danforth-Anderson, James Petitjean, Kristal Hill, Eric McLester, Geraldine Danforth, Kaylynn

Gresham, Loucinda Conway, Ralinda Ninham-Lamberies, Rae Skenandore, Louise Cornelius, Heather

Ohuafi, Ronald Wurth, Lisa Tillman, Michele Doxtator, Phil Wisneski, Nate King, Candice Skenandore,

Brandon Wisneski, Barbara Webster, Chad Fuss, Lorna Skenandore, Fawne Rasmussen, Eric

Boulanger, Kelly McAndrews;

I.

CALL TO ORDER

Roll call for the record:

Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill;

Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Council

Member Marie Summers; Councilwoman Jennifer Webster;

Not Present: Councilman David P. Jordan;

Meeting called to order by Chairman Tehassi Hill at 8:34 a.m.

For the record: Councilman David P. Jordan is out on vacation. Councilwoman Jennifer Webster will

be leaving at 10:00 a.m. for meeting with the Department of Health and Human Services Tribal

Advisory Committee. Treasurer Tina Danforth will be leaving at 2:00 p.m. for a personal appointment.

Councilman Kirby Metoxen will be leaving at 3:45 p.m. to attend the Oneida Airport Hotel Corporation

Board of Directors meeting.

II.

OPENING

Opening provided by Councilman Kirby Metoxen.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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III.

ADOPT THE AGENDA

Motion by Jennifer Webster to adopt with six (6) changes [1) delete item under Resolutions entitled

Adopt resolution entitled U.S. Department of Agriculture Food Distribution Program on Indian

Reservations Pilot Food Purchase Program Grant Application; 2) delete item under Executive Session

entitled Consider the employment request - Oneida Trust Enrollment Department; 3) delete item under

Executive Session entitled Approve a limited waiver of sovereign immunity - Net Health Systems Inc.

Master Agreement - file # 2020-0440; 4) add item under Resolutions entitled Adopt resolution entitled

Authorizing the use of Self-Governance Carryover Funds to Purchase Portable Radios for the Oneida

Police Department As Amended; 5) add item under Executive Session entitled Approve two (2) actions

regarding the Business Compliance Analyst vacancy; and 6) add item under Executive Session

entitled Expand paid leave provided in resolution # BC-11-24-20-F], seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

IV.

MINUTES

A.

Approve the February 10, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the February 10, 2021, regular Business Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

V.

RESOLUTIONS

A.

Adopt resolution entitled Additional Emergency Amendments to the Oneida

Higher Education Pandemic Relief Fund Law

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to adopt resolution 02-24-21-A Additional Emergency Amendments to the

Oneida Higher Education Pandemic Relief Fund Law, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

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B.

Enter the e-poll results into the record regarding the adopted resolution 02-19-21A Adopt resolution entitled Authorizing the use of Self-Governance Carryover

Funds to Purchase Portable Radios for the Oneida Police Department

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to enter the e-poll results into the record regarding the adopted resolution 0219-21-A Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds to

Purchase Portable Radios for the Oneida Police Department, seconded by Tina Danforth. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

C.

Authorizing the use of Self-Governance Carryover Funds to Purchase Portable

Radios for the Oneida Police Department As Amended

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to adopt resolution 02-24-21-B Authorizing the use of Self-Governance

Carryover Funds to Purchase Portable Radios for the Oneida Police Department As Amended,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

VI.

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

Accept the February 1, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Motion by Tina Danforth to accept the February 1, 2021, regular Finance Committee meeting minutes,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

2.

Accept the February 15, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Motion by Jennifer Webster to accept the February 15, 2021, regular Finance Committee meeting

minutes, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

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B.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the February 3, 2021, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the February 3, 2021, regular Legislative Operating Committee

meeting minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

C.

QUALITY OF LIFE COMMITTEE

1.

Accept the January 14, 2021, regular Quality of Life Committee meeting minutes

Sponsor: Marie Summers, Councilwoman

Motion by Jennifer Webster to accept the January 14, 2021, regular Quality of Life Committee meeting

minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

VII.

NEW BUSINESS

A.

Approve the Application for Elected Positions

Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to approve the Application for Elected Positions, seconded by Jennifer

Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

B.

Approve a limited waiver of sovereign immunity - Green Bay Metropolitan

Sewerage District Future Terminations of New Water Cost Share Agreement - file #

2021-0068

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to approve a limited waiver of sovereign immunity - Green Bay Metropolitan

Sewerage District Future Terminations of New Water Cost Share Agreement - file # 2021-0068,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

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C.

Approve the Outagamie County 1983 Wisconsin Act 161 agreement - file # 20210024

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to approve the Outagamie County 1983 Wisconsin Act 161 agreement - file #

2021-0024, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

Item VIII.C.1. was addressed next.

VIII.

REPORTS

A.

OPERATIONAL

1.

Accept the Comprehensive Health Division FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Motion by Brandon Stevens to accept the Comprehensive Health Division FY-2021 1st quarter report,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

2.

Accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Motion by Kirby Metoxen to accept the Environmental, Health, Safety, Land and Agriculture Division

FY-2021 1st quarter report, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

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3.

Accept the Governmental Services Division FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Councilwoman Jennifer Webster left at 9:51 a.m.

Motion by Kirby Metoxen to accept the Governmental Services Division FY-2021 1st quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

Motion by Tina Danforth to direct follow-up [by the General Manager] regarding the reopening

comprehensively across the board for Oneida Nation facilities and that a report be provided within 30

days, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

4.

Accept the Division of Public Works FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Motion by Tina Danforth to accept the Division of Public Works FY-2021 1st quarter report, seconded

by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

Councilman Daniel Guzman King left at 10:08 a.m.

Councilman Daniel Guzman King returned at 10:16 a.m.

5.

Accept the Management Information Systems FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Councilwoman Marie Summers left at 10:29 a.m.

Motion by Brandon Stevens to accept the Management Information Systems FY-2021 1st quarter

report, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens

Not Present:

David P. Jordan, Marie Summers, Jennifer Webster

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6.

Accept the Tribal Action Plan FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Councilwoman Marie Summers returned 10:32 a.m.

Motion by Marie Summers to accept the Tribal Action Plan FY-2021 1st quarter report, seconded by

Tina Danforth. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

7.

Accept the Big Bear Media FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Motion by Marie Summers to accept the Big Bear Media FY-2021 1st quarter report, seconded by Lisa

Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

8.

Accept the Education and Training FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to accept the Education and Training FY-2021 1st quarter report, seconded by

Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

9.

Accept the Grants Office FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Motion by Marie Summers to accept the Grants Office FY-2021 1st quarter report, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

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B.

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

1.

Accept the Anna John Resident Centered Care Community Board FY-2021 1st

quarter report

Sponsor: Joshua Hicks, Interim Chair/Anna John Resident Centered Care

Community Board

Motion by Brandon Stevens to accept the Anna John Resident Centered Care Community Board FY2021 1st quarter report, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

2.

Accept the Oneida Police Commission FY-2021 1st quarter report

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Motion by Marie Summers to accept the Oneida Police Commission FY-2021 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

Item VIII.C.2. was addressed next.

C.

ELECTED BOARDS, COMMITTEES, COMMISSIONS

1.

Accept the Oneida Election Board FY-2021 1st quarter report

Sponsor: Candace House, Chair/Oneida Election Board

Motion by Lisa Liggins to accept the Oneida Election Board FY-2021 1st quarter report, seconded by

Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

David P. Jordan

Item VIII.A.1. was addressed next.

2.

Accept the Oneida Gaming Commission FY-2021 1st quarter report

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to accept the Oneida Gaming Commission FY-2021 1st quarter report,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

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3.

Accept the Oneida Land Commission FY-2021 1st quarter report

Sponsor: Becky Webster, Chair/Oneida Land Commission

Motion by Lisa Liggins to accept the Oneida Land Commission FY-2021 1st quarter report, seconded

by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

4.

Accept the Oneida Nation School Board FY-2021 1st quarter report

Sponsor: Aaron Manders, Chair/Oneida Nation School Board

Motion by Lisa Liggins to accept the Oneida Nation School Board FY-2021 1st quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

Motion by Lisa Liggins to direct the BC Liaison to the Oneida Nation School Board to coordinate a joint

meeting [with the Oneida Nation School Board] to discuss the Comprehensive Language Program

referendum question, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

5.

Accept the Oneida Trust Enrollment Committee FY-2021 1st quarter report

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Motion by Lisa Liggins to accept the Oneida Trust Enrollment Committee FY-2021 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

D.

STANDING COMMITTEES

1.

Accept the Community Development Planning Committee FY-2021 1st quarter

report

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Lisa Liggins to accept the Community Development Planning Committee FY-2021 1st

quarter report, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

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2.

Accept the Finance Committee FY-2021 1st quarter report

Sponsor: Tina Danforth, Treasurer

Motion by Marie Summers to accept the Finance Committee FY-2021 1st quarter report, seconded by

Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

3.

Accept the Legislative Operating Committee FY-2021 1st quarter report

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Legislative Operating Committee FY-2021 1st quarter report,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

4.

Accept the Quality of Life Committee FY-2021 1st quarter report

Sponsor: Marie Summers, Councilwoman

Motion by Lisa Liggins to accept the Quality of Life Committee FY-2021 1st quarter report, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

E.

OTHER

1.

Accept the Oneida Youth Leadership Institute Board FY-2021 1st quarter report

Sponsor: Cheryl Stevens, Executive Manager

Motion by Lisa Liggins to accept the Oneida Youth Leadership Institute Board FY-2021 1st quarter

report, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

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IX.

EXECUTIVE SESSION

Motion by Lisa Liggins to go into executive session at 11:25 p.m., seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers

Not Present:

David P. Jordan, Jennifer Webster

The Oneida Business Committee, by consensus recessed at 12:00 p.m. to 1:30 p.m.

Chairman Tehassi Hill called the meeting to order at 1:30 p.m.

Roll call for the record:

Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill;

Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Council

Member Marie Summers;

Not Present: Councilman David P. Jordan; Councilwoman Jennifer Webster;

Treasurer Tina Danforth left at 2:00 p.m.

Councilman Kirby Metoxen left 3:44 p.m.

Councilwoman Jennifer Webster returned at 3:41 p.m.

Motion by Lisa Liggins to come out of executive session at 4:45 p.m., seconded by Daniel Guzman

King. Motion Pending:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

A.

REPORTS

1.

Accept the Joint Marketing FY-2021 1st quarter report

Sponsor: Eric McLester, Retail General Manager

Motion by Lisa Liggins to accept the Joint Marketing FY-2021 1st quarter report, seconded by Jennifer

Webster. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 16

February 24, 2021

Public Packet

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DRAFT

2.

Accept the Intergovernmental Affairs, Communications, and Self-Governance

February 2021 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to accept the Intergovernmental Affairs, Communications, and Self-Governance

February 2021 report, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Motion by Lisa Liggins to accept the Nation's Draft Federal Strategy as information, seconded by Marie

Summers. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Motion by Lisa Liggins to reschedule the special Business Committee Meeting of February 17, 2021 to

March 2, 2021, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Motion by Lisa Liggins to authorize the Chair to sign the letter of nomination for Councilwoman Jennifer

Webster to serve as a member of the PROGRESS Act Negotiated Rulemaking Committee with the

Self Governance Coordinator as her alternate, and direct Self Governance to submit the letter to the

BIA no later than March 3, 2021, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Motion by Jennifer Webster to direct Self-Governance to reallocate $85,000 from the COVID Welfare

Assistance Program to the Broadband expansion initiative, and direct Self-Governance to update the

BIA CARES Act spending plan and notify the BIA Office of Self Governance of the changes, seconded

by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Motion by Marie Summers to direct Self-Governance to reallocate $206,248 from the Homelessness

Task Force initiative to the Broadband expansion initiative and for Self-Governance to update the BIA

CARES Act spending plan and notify the BIA Office of Self Governance of the changes, seconded by

Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 16

February 24, 2021

Public Packet

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DRAFT

3.

Accept the Chief Financial Officer February 2021 report

Sponsor: Larry Barton, Chief Financial Officer

Motion by Marie Summers to accept the Chief Financial Officer February 2021 report, seconded by

Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

4.

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

Motion by Marie Summers to accept the General Manager report, seconded by Brandon Stevens.

Motion carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

5.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Marie Summers. Motion

carried:

Ayes:

Daniel Guzman King, Lisa Liggins, Brandon Stevens, Marie Summers,

Jennifer Webster

Not Present:

Tina Danforth, David P. Jordan, Kirby Metoxen

Secretary Lisa Liggins left at 4:51 p.m.

6.

Accept the January 2021 Treasurer's report

Sponsor: Tina Danforth, Treasurer

Motion by Brandon Stevens to accept the January 2021 Treasurer's report, seconded by Marie

Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

B.

AUDIT COMMITTEE

1.

Accept the Audit Committee FY-2021 1st quarter report

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Audit Committee FY-2021 1st quarter report, seconded by

Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 16

February 24, 2021

Public Packet

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DRAFT

2.

Review request regarding audit # 368 and determine next steps

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to direct the HR Area Manager to compile a report for public consumption

regarding the layoffs, furloughs, and recalls as a result of the COVID-19 pandemic to the March 10,

2021 regular Business Committee meeting, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

C.

UNFINISHED BUSINESS

1.

Determine next steps regarding the HRD realignment plan

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Marie Summers to accept the update regarding HRD realignment plan as information,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

2.

Approve two (2) actions regarding the Business Compliance Analyst vacancy

Sponsor: Jessica Wallenfang, Employee Relations Representative

Motion by Jennifer Webster to approve the Business Analyst job description and post the position,

seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

Motion by Jennifer Webster to assign Chairman Tehassi Hill, Councilwoman Marie Summers, and

Councilman Daniel Guzman King to a sub-team authorized to complete all hiring activities, seconded

by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

D.

NEW BUSINESS

1.

Review the Gaming operations phase III re-opening plans

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Daniel Guzman King to accept the Gaming operations phase III re-opening plans as

information, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 16

February 24, 2021

Public Packet

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DRAFT

2.

Approve 63 new enrollments

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Motion by Marie Summers to approve 62 new enrollments and defer one (1) applicant, as identified in

the correspondence dated February 23, 2021, back to the Oneida Trust Enrollment Committee,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

4.

Consider the employment request - Grants Office

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to delete this item from the agenda [note: Business Committee action is no

longer needed due to the issuance of the FY-21 workforce levels], seconded by Marie Summers.

Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

5.

Consider the employment request - Big Bear Media

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to accept the recommendation of the Chief Financial Officer, in

accordance with section 121.8-3(a) of the Budget Management and Control law noting that this [may]

result in overspending on the identified budget line and that future federal relief funds may be

used/reimbursed, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

Motion by Brandon Stevens to approve the recall request from Big Bear Media for one (1) Mail Center

Clerk, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

6.

Approve a limited waiver of sovereign immunity - Helix Innovations LLC. 2021

Retail Trade Program Agreement - file # 2020-0825

Sponsor: Eric McLester, Retail General Manager

Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the Helix Innovations

LLC. 2021 Retail Trade Program Agreement - file # 2020-0825, seconded by Daniel Guzman King.

Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 15 of 16

February 24, 2021

Public Packet

21 of 220

DRAFT

7.

Expand paid leave provided by resolution # BC-11-24-20-F

Sponsor: Marie Summers, Councilwoman

Motion by Daniel Guzman King to direct the Human Resources Department (SOP development), the

three (3) General Managers (and Public Health Officer), and the Chief Financial Officer (Finances) to

investigate and develop a SOP to be presented at the March 10, 2021, regular Business Committee

meeting, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

X.

ADJOURN

Motion by Marie Summers to adjourn at 4:58 p.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, Brandon Stevens, Marie Summers, Jennifer

Webster

Not Present:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Vice-Chairman Brandon

Stevens; Council Member Marie Summers; Councilwoman Jennifer Webster;

Not Present: Treasurer Tina Danforth; Councilman David P. Jordan; Secretary Lisa Liggins;

Councilman Kirby Metoxen;

Minutes prepared by Lisa Liggins, Secretary.

Minutes approved as presented on

.

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 16 of 16

February 24, 2021

Public Packet

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Adopt resolution entitled Amendments to the Emergency Management and Homeland Security Law

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Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #

Amendments to the Emergency Management and Homeland Security Law

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 Emergency Management and Homeland Security law (“the Law”) was adopted by the

Oneida Business Committee through resolution BC-07-15-98-A, amended by resolutions

BC-12-20-06-G and BC-05-13-09-F; and

WHEREAS,

the Oneida Business Committee recently adopted emergency amendments to the Law

through resolution BC-03-17-20-E and then extended those emergency amendments for

an additional six-month period through the adoption of resolution BC-08-26-20-A in

accordance with the emergency adoption process set forth by the Legislative Procedures

Act; and

WHEREAS,

the emergency amendments to the Law are set to expire on March 17, 2021; and

WHEREAS,

the Legislative Operating Committee has developed permanent amendments to the Law

for consideration by the Oneida Business Committee; and

WHEREAS,

the Law provides for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster; provides for the direction of

emergency management, response, and recovery on the Reservation, as well as

coordination with other agencies, victims, businesses, and organizations; establishes the

use of the National Incident Management System; and designates authority and

responsibilities for public health preparedness; and

WHEREAS,

the amendments to the Law amend the title from Emergency Management and Homeland

Security law to the Emergency Management law; and

WHEREAS,

the amendments to the Law remove a provision regarding the Public Safety Officers’

Benefits Program from the law because it is provided for in federal law; and

WHEREAS,

the amendments to the Law clarify that the Nation may implement more strict policies or

requirements than those issued by the Community/Public Health Officer; and

WHEREAS,

the amendments to the Law clarify that it is within the authority of the Community/Public

Health Officer to issue any mandate, order, and/or require restrictions which may limit the

spread of any communicable disease to any individual, business, or the general population

of the Reservation; and

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BC Resolution _____________

Amendments to the Emergency Management and Homeland Security Law

Page 2 of 3

WHEREAS,

the amendments to the Law remove a provision that required the Oneida Community

Health Services to be responsible for certain expenses of an infected individual; and

WHEREAS,

the amendments to the Law address the authority of the Community/Public Health Officer

to organize the vaccinations of individuals during the Public Health Emergency, and clarify

exemptions to the requirements for vaccinations; and

WHEREAS,

the amendments to the Law extend the time period for a proclamation of an emergency

from thirty (30) days to sixty (60) days; and

WHEREAS,

the amendments to the Law clarify that the Conservation Department may contract with an

agency to cover their responsibility for the care, disposal, and sheltering of all abandoned

domestic animals and livestock during a proclaimed emergency; and

WHEREAS,

the amendments to the Law delegate authority to the Oneida Business Committee to

establish an Emergency Core Decision Making Team upon the declaration of an

emergency and determine which positions of the Nation will compose the Emergency Core

Decision Making Team; and

WHEREAS,

the amendments to the Law delegate authority to the Emergency Core Decision Making

Team to declare exceptions to any law, policy, procedure, regulation, or standard operating

procedure of the Nation; and

WHEREAS,

the amendments to the Law provide how the Emergency Core Decision Making Team will

make declarations, and the duration of authority for those declarations; and

WHEREAS,

the amendments to the Law require that notification of any declaration be provided to the

Oneida Business Committee within twenty-four (24) hours of a declaration being made;

and

WHEREAS,

the amendments to the Law clarify the authority of the Oneida Business Committee to

modify, extend, or repeal any declaration or emergency action taken by the Emergency

Core Decision Making Team; and

WHEREAS,

the amendments to the Law provide that citations issued for violations of this Law shall be

processed in accordance with the procedure contained in the Nation’s laws and policies

governing citations; and

WHEREAS,

the amendments to the Law provide that the Oneida Business Committee shall adopt

through resolution a citation schedule which sets forth specific fine amounts for violations

of this Law; and

WHEREAS,

the amendments to the Law make other minor drafting changes throughout the law for

clarity; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Nation’s Emergency Management

Department, Comprehensive Health Division, Risk Management Department,

Intergovernmental Affairs, Oneida Law Office, Oneida Business Committee, General

Manager, and the Strategic Planner; and

WHEREAS,

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

statement were completed for the proposed amendments to the Law; and

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BC Resolution _____________

Amendments to the Emergency Management and Homeland Security Law

Page 3 of 3

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 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 then subsequently extended through March 13,

2021, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A; 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,

although a public meeting was not held for the proposed amendments to this Law, the

public comment period for the amendments to this Law was held open until January 13,

2021, and three (3) submissions of written comments were received during the public

comment period; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments

received on January 20, 2021; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Emergency Management and

Homeland Security law are hereby adopted and shall become effective on March 17, 2021.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Emergency Management and Homeland Security Law

Summary

This resolution adopts amendments to the Emergency Management and Homeland Security law.

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

Date: February 26, 2021

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Emergency Management and Homeland Security law

(“the Law”). The purpose of the 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

coordination with other agencies, victims, businesses, and organizations; establish the use of the

National Incident Management System; designate authority and responsibilities for public health

preparedness. [3 O.C. 302.1-1].

On March 17, 2020, emergency amendments to the Emergency Management and Homeland

Security law (the “Law”) were adopted by the Oneida Business Committee through resolution BC03-17-20-E for the purpose of creating and delegating authority to a COVID-19 Core Decision

Making Team during the Nation’s Public Health State of Emergency. Then on August 26, 2020,

the Oneida Business Committee extended the adoption of the emergency amendments to the Law

for an addition six (6) month period through the adoption of resolution BC-08-26-20-A. The

emergency amendments to the Law are set to expire on March 17, 2021.

This resolution seeks permanent amendments to the Emergency Management and Homeland

Security law which will:

 Amend the title from Emergency Management and Homeland Security law to the

Emergency Management law;

 Revise references to Oneida Community Health Services to Comprehensive Health

Division [3 O.C. 302.3-1(d)];

 Revise the title of the Emergency Management and Homeland Security Agency to

Emergency Management Department [3 O.C. 302.4];

 Remove a provision regarding the Public Safety Officers’ Benefits Program from the law

because it is provided for in federal law;

 Clarify that the Nation may implement more strict policies or requirements than those

issued by the Community/Public Health Officer [3 O.C. 302.6-2];

 Clarify that it is within the authority of the Community/Public Health Officer to issue any

mandate, order, and/or require restrictions which may limit the spread of any

communicable disease to any individual, business, or the general population of the

Reservation [3 O.C. 302.7-4(c)];

Page 1 of 3

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Remove a provision that required the Oneida Community Health Services to be responsible

for certain expenses of an infected individual;

Address the authority of the Community/Public Health Officer to organize the vaccinations

of individuals during the Public Health Emergency [3 O.C. 302.7-6(a)];

Clarify exemptions to the requirements for vaccines [3 O.C. 302.7-6(a)(1)(A)-(B)];

Extend the time period for a proclamation of an emergency from thirty (30) days to sixty

(60) days [3 O.C. 302.8-2];

Clarify that the Conservation Department may contract with an agency to cover their

responsibility for the care, disposal, and sheltering of all abandoned domestic animals and

livestock during a proclaimed emergency [3 O.C. 302.8-5];

Delegate authority to the Oneida Business Committee to establish an Emergency Core

Decision Making Team upon the declaration of an emergency and determine which

positions of the Nation will compose the Emergency Core Decision Making Team [3 O.C.

302.9-1];

Delegate authority to the Emergency Core Decision Making Team to declare exceptions to

any law, policy, procedure, regulation, or standard operating procedure of the Nation [3

O.C. 302.9-2];

Provide how the Emergency Core Decision Making Team will make declarations, and the

duration of authority for those declarations [3 O.C. 302.9-3, 302.9-4];

Require that notification of any declaration be provided to the Oneida Business Committee

within twenty-four (24) hours of a declaration being made [3 O.C. 302.9-5];

Clarify the authority of the Oneida Business Committee to modify, extend, or repeal any

declaration or emergency action taken by the Emergency Core Decision Making Team [3

O.C. 302.9-6];

Provide that citations issued for violations of this Law shall be processed in accordance

with the procedure contained in the Nation’s laws and policies governing citations [3 O.C.

302.10-2(a);

Provide that the Oneida Business Committee shall adopt through resolution a citation

schedule which sets forth specific fine amounts for violations of this Law [3 O.C. 302.102(b)]; and

Make other minor drafting changes throughout the law for clarity.

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 March 13, 2021, through the

adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BCPage 2 of 3

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08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21A, and BC-02-10-21-A.

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.

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

comment period was still held open until January 13, 2021. The Legislative Operating Committee

reviewed and considered the public comments that were received on January 20, 2021.

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 March 17,

2021, in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this

resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

Page 3 of 3

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Analysis to Draft 1 for OBC Consideration

2021 03 10

AMENDMENTS TO THE

EMERGENCY MANAGEMENT AND

HOMELAND SECURITY LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed

Amendments

Analysis by the Legislative Reference Office

Amend title from Emergency Management and Homeland Security law to the

Emergency Management law;

Revise references to Oneida Community Health Services to Comprehensive Health

Division;

Include a definition for “emergency;”

Revise the title of the Emergency Management and Homeland Security Agency to

Emergency Management Department;

Remove a provision regarding the Public Safety Officers’ Benefits Program from the

law because it is provided for in federal law;

Clarify that the Nation may implement more strict policies or requirements than those

issued by the Community/Public Health Officer;

Clarify that it is within the authority of the Community/Public Health Officer to issue

any mandate, order, and/or require restrictions which may limit the spread of any

communicable disease to any individual, business, or the general population of the

Reservation;

Remove provision that required the Oneida Community Health Services to be

responsible for certain expenses of an infected individual;

Address the authority of the Community/Public Health Officer to organize the

vaccinations of individuals during the Public Health Emergency;

Clarify exemptions to the requirements for vaccines;

Extend the time period for a proclamation of an emergency from thirty (30) days to

sixty (60) days;

Clarify that the Conservation Department may contract with an agency to cover their

responsibility for the care, disposal, and sheltering of all abandoned domestic animals

and livestock during a proclaimed emergency;

Delegate authority to the Oneida Business Committee to establish an Emergency Core

Decision Making Team upon the declaration of an emergency and determine which

positions of the Nation will compose the Emergency Core Decision Making Team;

Delegate authority to the Emergency Core Decision Making Team to declare

exceptions to any law, policy, procedure, regulation, or standard operating procedure

of the Nation;

Provide how the Emergency Core Decision Making Team will make declarations, and

the duration of authority for those declarations;

Require that notification of any declaration be provided to the Oneida Business

Committee within twenty-four (24) hours of a declaration being made;

Clarify the authority of the Oneida Business Committee to modify, extend, or repeal

any declaration or emergency action taken by the Emergency Core Decision Making

Team;

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Provide that citations issued for violations of this Law shall be processed in

accordance with the procedure contained in the Nation’s laws and policies governing

citations; and

 Provide that the Oneida Business Committee shall adopt through resolution a citation

schedule which sets forth specific fine amounts for violations of this Law.

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

coordination with other agencies, victims, businesses, and organizations; establish the use

of the National Incident Management System; and designate authority and responsibilities

for public health preparedness. [3 O.C. 302.1-1].

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A public comment period was held open until January 13, 2021. A public meeting was

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

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

On February 12, 2021, the Finance Department provided a fiscal impact statement.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Emergency Management and Homeland Security law (“the Law”) was first adopted

by the Oneida Business Committee on July 15, 1998. The Law provides for the development and

execution of plans for the protection of residents, property, and the environment in an emergency or

disaster; provides for the direction of emergency management, response, and recovery on the

Reservation, as well as coordination with other agencies, victims, businesses, and organizations;

establishes the use of the National Incident Management System; and designates authority and

responsibilities for public health preparedness. [3 O.C. 302.1-1].

B. Emergency Amendments. On March 17, 2020, the Oneida Business Committee adopted emergency

amendments to the Law through the adoption of resolution BC-03-17-20-E. Emergency amendments

to the Law were sought to create and delegate authority to a COVID-19 Core Decision Making Team

to declare exceptions to any law, policy, procedure, regulation, or standard operating procedure of the

Nation. The emergency amendments to this Law were necessary for the preservation of the public

health, safety, and general welfare of the Reservation population. The emergency amendments were

needed to allow the COVID-19 Core Decision Making Team to act on behalf of the Nation on a daily,

or even hourly basis, to protect the Reservation population against the public health crisis that is the

COVID-19 pandemic. The emergency amendments to the Law were set to expire on September 17,

2020. On August 26, 2020, the Oneida Business Committee extended the emergency amendments to

the Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A. The

emergency amendments to the Law are set to expire on March 17, 2021.

C. The Legislative Operating Committee proposed permanent amendments be made to this Law to

permanently adopt some of the emergency amendments that were recently made to the Law, as well as

to address other revisions that may be necessary.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

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 Oneida Business Committee;

 Oneida Law Office;

 Emergency Management Department;

 Comprehensive Health Division;

 Risk Management Department;

 Intergovernmental Affairs;

 General Manager; and

 Strategic Planner.

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

 Citations law;

 Oneida Personnel Policies and Procedures; and

 Legislative Procedures Act.

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SECTION 4. PROCESS

A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.

 On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Law

through the adoption of resolution BC-03-17-20-E for the purpose of creating and delegating

authority to a COVID-19 Core Decision Making Team.

 On August 26, 2020, the Oneida Business Committee extended the emergency amendments to the

Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A.

 The LOC added amendments to the Law to its Active Files List on October 7, 2020.

 The emergency amendments to the Law are set to expire on March 17, 2021.

 On December 16, 2020, the LOC approved a draft and legislative analysis for the proposed

amendments to the Law.

 On December 16, 2020, the LOC approved the public comment period packet and forwarded the

proposed amendments to the Law to a public comment period to be held open until January 13,

2021.

 The public comment period was held open until the close of business on January 13, 2021. Three

(3) submissions of written comments were received.

 On January 20, 2021, the Legislative Operating Committee accepted the public comments and

public comment review memorandum. The Legislative Operating Committee then reviewed and

considered all the public comments that were received.

 On February 3, 2021, the Legislative Operating Committee approved the updated public comment

review memorandum, final draft law and legislative analysis. The Legislative Operating Committee

also directed the Finance Department to prepare a fiscal impact statement and provide it to the

Legislative Operating Committee by February 17, 2021.

 The Finance Department provided a fiscal impact statement of February 12, 2021.

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

regarding the development of these amendments:

 November 4, 2020: LOC work meeting with Comprehensive Health Division, Emergency

Management Department, Oneida Law Office, Oneida Business Committee, Risk Management

Department, General Manager, Intergovernmental Affairs, Strategic Planner.

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December 8, 2020: LOC work meeting with Comprehensive Health Division, Emergency

Management Department, Strategic Planner.

 December 10, 2020: LOC work meeting.

 January 20, 2021: LOC work meeting.

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

of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China

and has spread to many other countries throughout the world, including the United States. The COVID19 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 this Law will not be held due to the COVID-19 pandemic, but the

submission of written comments will still be permitted.

 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 13, 2021, 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.

 COVID-19 Core Decision Making Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions of the “Safer at Home Declaration,

Amendment, Open for Business” while still providing guidance and some restrictions. This

declaration prohibits all public and private gatherings of more than twenty (20) people that

are not part of a single household or living unit.

 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

 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

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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.

Although a public meeting was not held for the proposed amendments to the Emergency

Management and Homeland Security law, a public comment period was still held open

until January 13, 2021, in accordance with the Legislative Procedures Act and the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration. Three (3) submissions of written comments were received

during the public comment period.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Public Safety Officers’ Benefit Program. The proposed amendments to the Law remove a provision

regarding the Public Safety Officers’ Benefit Program. Previously, the Law provided that if a person is

disabled or dies while serving as a public safety officer, as defined in the Public Safety Officers’

Benefits Program, then the spouse of that person and/or any children of that person may be eligible for

benefits as determined by the Bureau of Justice Assistance under the Public Safety Officers’ Benefits

Program, 42 U.S.C. ch. 46, subch. XII.

 Effect. The proposed amendments remove the provision regarding the Public Safety Officers’

Benefits Program from the Law because this program and its application is already provided in

federal law, so therefore the inclusion of this provision in the Law was duplicative.

B. More Strict Policies and Regulations. The proposed amendments to the Law include a new provision

which provides that the Nation may implement more strict policies or requirements than those issued

by the Community/Public Health Officer. [3 O.C. 302.6-2].

 Effect. The proposed amendment to the Law provides clarification that the Nation may implement

more strict policies or requirements on its employees and elected or appointed officials than those

issued by the Community/Public Health Officer.

C. Authority of the Community/Public Health Officer. The proposed amendments to the Law provide

clarification that it is within the authority of the Community/Public Health Officer to issue any mandate,

order, and/or require restrictions which may limit the spread of any communicable disease to any

individual, business, or the general population of the Reservation. [3 O.C. 302.7-4(c)]. The Law already

provided that the Community/Public Health Officer could act as necessary to protect the public by

taking action to limit the spread of any communicable disease through use of quarantine or isolation,

requiring restrictions, or by taking other communicable disease control measures as necessary.

 Effect. During the most recent COVID-19 pandemic the Community/Public Health Officer had to

take actions such as issuing a mandate requiring the use of face covering, or limiting the occupancy

of businesses in order to protect the Nation from COVID-19. The proposed amendments clarify

that these such actions are within the authority of the Nation’s Community/Public Health Officer

when acting as necessary to protect the public.

D. Expenses of the Oneida Community Health Services. The proposed amendments to the Law removed

a provision which provided that the Oneida Community Health Services would be responsible for the

following costs unless the costs are payable through third party liability or through any benefit system:

the expense for law enforcement assistance under 302.7-4; the expense of maintaining quarantine and

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isolation of the quarantined area; the expense of conducting examinations and tests made under the

direction of the Community/Public Health Officer; and the expense of care for dependent persons of

the infected individual. Now, the Law simply provides that expenses for necessary medical care, food,

and other articles needed for an infected individual shall be charged against the individual or whoever

is liable for the individual’s care and support. [3 O.C. 302.7-8].

 Effect. The proposed amendments to the Law remove the financial liability of the cost of care for

an infected individual from the Oneida Community Health Services due to the fact that the Nation

is not in a financial position to cover these expenses on such a widespread scale as the COVID-19

pandemic has presented. The Law provides that expenses for necessary medical care, food, and

other articles needed for an infected individual shall be charged against the individual or whoever

is liable for the individual’s care and support. The Comprehensive Health Division will still provide

care and have resources available for those who are eligible to receive care and assistance from the

Comprehensive Health Division.

E. Vaccinations During a Public Health Emergency. The proposed amendments to the Law adjust the

Community/Public Health Officer’s authority in regard to vaccinations during a public health

emergency. The Law provides that when a public health emergency is proclaimed, the

Community/Public Health Officer may organize the vaccination of individuals. [3 O.C. 302.7-6(a)].

The Law then clarifies that the following types of individuals shall not be subject to a vaccination: an

individual who the vaccination is reasonably likely to lead to serious harm to the individual; or an

individual, for reason of religion or conscience, refuses to obtain the vaccination. [3 O.C. 302.76(a)(1)(A)-(B)]. Previously, the Law provided that the Community/Public Health Officer had the

authority to order the vaccination of an individual, unless the vaccination is reasonably likely to lead to

serious harm to the individual or the individual, for reason of religion or conscience, refuses to obtain

the vaccination.

 Effect. The proposed amendment to the Law provides that the Community/Public Health Officer

can organize the vaccination of individuals but removes the authority of the Community/Public

Health Officer to order the vaccination of an individual. The Legislative Operating Committee

wants to ensure that each person has a choice as to whether to receive a vaccination.

F. Extension of the Time Period for a Proclamation of an Emergency. The proposed amendments to

the Law extend how long a proclamation of an emergency may last. The Law now provides that no

proclamation of an emergency by the Oneida Business Committee or the Director may last for longer

than sixty (60) days, unless the proclamation of emergency is extended by the Oneida Business

Committee. [3 O.C. 302.8-2]. Previously, the Law provided that no proclamation of an emergency by

the Oneida Business Committee or the Director may last for longer than thirty (30) days, unless renewed

by the Oneida Business Committee.

 Effect. The proposed amendment to the Law extends how long a proclamation of an emergency

may last in recognition that the Nation may experience longer lasting emergencies, such as the

COVID-19 pandemic. The Legislative Operating Committee determined that the extension of the

proclamation period from thirty (30) to sixty (60) days would be less tedious when extending an

emergency proclamation for longer periods of time, but still ensures responsible governance and

that the Oneida Business Committee is reviewing the conditions of the Nation to ensure an

emergency still exists.

G. Responsibility of the Conservation Department. The proposed amendments to the Law provide that

during a proclaimed emergency, the Conservation Department shall be responsible for the care,

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disposal, and sheltering of all abandoned domestic animals and livestock, and that the Conservation

Department may delegate this responsibility to a contracted agency. [3 O.C. 302.8-5]. Previously the

Law provided that the provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals

Ordinance, shall not apply during a proclaimed emergency in addition to the statement that during a

proclaimed emergency, the Conservation Department shall be responsible for the care, disposal, and

sheltering of all abandoned domestic animals and livestock.

 Effect. The proposed amendment to the Law clarifies that the Domestic Animals law still remains

in effect during a proclaimed emergency, but that it is simply the responsibility of the Conservation

Department to maintain the care, disposal, and sheltering of all abandoned domestic animals and

livestock. Additionally, the proposed amendment clarifies that the Conservation Department can

delegate this responsibility to another agency, such as a Humane Society, through a contract.

G. Emergency Core Decision Making Team. The proposed amendments to the Law allow the Oneida

Business Committee to establish an Emergency Core Decision Making Team upon the proclamation of

an emergency under this Law. [3 O.C. 302.9-1]. The Oneida Business Committee is responsible for

establishing the Team through the adoption of a motion, and through that motion identifying the

positions of the Nation which shall make up the members of the Emergency Core Decision Making

Team based on the type and severity of emergency the Nation is experiencing. [3 O.C. 302.9-1].

Previously, the emergency amendments to the Law adopted in March 2020 provided that a COVID-19

Core Decision Making Team would be created by the declaration of a public health emergency under

this Law, and would consist of the following persons: Oneida Business Committee Officers which

includes the Chairperson, Vice Chairperson, Treasurer, Secretary; Legislative Operating Committee

Chairperson; General Manager; Gaming General Manager; Gaming Assistant Chief Financial Officer;

Chief Financial Officer; Intergovernmental Affairs and Communications Director; and Public Relations

Director.

 Effect. The proposed amendments to the Law adopt on a permanent basis the inclusion of an

Emergency Core Decision Making Team, but make adjustments from the COVID-19 Core

Decision Making Team that was adopted through the emergency amendments. Instead of the

Emergency Core Decision Making Team being automatically established upon the declaration of

an emergency, the Oneida Business Committee now has to take the additional step of adopting a

motion to establish the Emergency Core Decision Making Team when an emergency is proclaimed.

This change to how the Emergency Core Decision Making Team is established was made due to

the recognition that not every proclaimed emergency may warrant the need for an Emergency Core

Decision Making Team. Additionally, the Law provides that the Oneida Business Committee will

identify the positions of the Nation which shall make up the members of the Emergency Core

Decision Making Team when the Team is established instead of the Law identifying these positions

so that the Emergency Core Decision Making Team can be scaled to the specific type and severity

of emergency the Nation is experiencing.

B. Delegation of Authority to the Emergency Core Decision Making Team. The proposed amendments

provide what authority the Emergency Core Decision Making Team is delegated. [3 O.C. 302.9-2].

The Emergency Core Decision Making Team shall have authority to declare exceptions to the Nation’s

laws during the emergency period which will be of immediate impact for the purposes of protecting the

health, safety, and general welfare of the community, members of the Nation, and employees of the

Nation. [3 O.C. 302.9-2(a)]. The Emergency Core Decision Making Team is also delegated the

authority to make these exceptions to the Nation’s laws notwithstanding the requirements of the

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Legislative Procedures Act. This means that the Emergency Core Decision Making team does not have

to follow the requirements of the Legislative Procedures Act. The Emergency Core Decision Making

Team is also delegated authority to declare an exception to any policy, procedure, regulation, or

standard operating procedure of the Nation during the emergency period which will be of immediate

impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community,

members, and employees. [3 O.C. 302.10-2(b)]. The Emergency Core Decision Making Team is

delegated the authority to make these exceptions to the Nation’s policies, procedures, regulations, or

standard operating procedures notwithstanding any requirements of the policies, procedures,

regulations, or standard operating procedures. The authority delegated to the Emergency Core Decision

Making Team through the proposed amendments is the same authority which was delegated to the

COVID-19 Core Decision Making Team through the emergency amendments.

 Effect. The proposed amendments outline the specific authority granted to the Emergency Core

Decision Making Team. The Emergency Core Decision Making Team is granted the authority to

declare exceptions to a law, policy, procedure, regulation, or standard operating procedure of the

Nation, notwithstanding the requirements of the Legislative Procedures Act or any other policy,

procedure, regulation, or standard operating procedure, in an effort to provide the Emergency Core

Decision Making Team the greatest flexibility in taking action to protect the health, safety, and

general welfare of the Nation’s community, members, and employees from an emergency.

C. Declaration of an Exception. The proposed amendments outline the requirements for making a

declaration and the duration of authority for declarations. [3 O.C. 302.9-3, 302.9-4]. Any declaration

made by the Emergency Core Decision Making Team must be written on the Nation’s letterhead,

provide the date the declaration was issued, contain a clear statement of the directives, provide the date

the directive shall go into effect, be signed by the Oneida Business Committee Chairperson or Vice

Chairperson in the Chairperson’s absence, and be posted on the Nation’s website. [3 O.C. 302.9-3(a)(f)]. Declarations and actions taken by the Emergency Core Decision Making Team shall be effective

upon the date declared by the Emergency Core Decision Making Team, and shall remain in effect for

the duration of any declared emergency, or for a shorter time period if identified. [3 O.C. 302.9-4]. The

requirements of a declaration and duration of a declaration provided through the proposed amendments

is the same as the requirements of a declaration and duration of a declaration provided by the COVID19 Core Decision Making Team through the emergency amendments.

 Effect. The proposed amendments provide more information on how the Emergency Core Decision

Making Team will make declarations of an exception to a law, policy, procedure, regulation, or

standard operating procedure of the Nation, and for how long that declaration will remain in effect.

D. Notification to and Review by the Oneida Business Committee. The proposed amendments to the

Law provide that within twenty-four (24) hours of a declaration being made, the Emergency Core

Decision Making Team shall provide notification of the declaration to the Oneida Business Committee.

[3 O.C. 302.9-5]. The Law also provides that the Oneida Business Committee may modify, extend, or

repeal any declaration or emergency action taken by the Emergency Core Decision Making Team. [3

O.C. 302.9-6].

 Effect. The proposed amendments to the Law ensure that the Oneida Business Committee is always

informed of any declarations that are made by the Emergency Core Decision Making Team, and

clarify that the Oneida Business Committee ultimately has the final authority to modify, extend, or

repeal any declaration made by the Emergency Core Decision Making Team.

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E. Citations. The proposed amendments to the Law reorganize the enforcement and penalties provisions

to clarify that an Oneida Police Department Officer may issue a citation to any person who violates a

provision of this Law. [3 O.C. 302.10-2]. The citation for a violation of this law shall be processed in

accordance with the procedure contained in the Nation’s Citations law. [3 O.C. 302.10-2(a)]. The

Oneida Business Committee shall adopt through resolution a citation schedule which sets forth specific

fine amounts for violations of this Law. [3 O.C. 302.10-2(b)]. Previously, the Law stated that violators

of this Law may be subject to a fine of not more than two hundred dollars ($200) per violation to be

issued by the Oneida Police Department and paid to the Nation, and that all fines assessed under this

section shall be paid within sixty (60) days of issuance of the citation, unless the person files an appeal

with the Judiciary before the fine is to be paid.

 Effect. The proposed amendment to the Law updates the language and process regarding citations

for violations of this Law in order to conform with the Nation’s Citations law.

F. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the

Law for clarity including the following:

 The title of the Law was changed from “Emergency Management and Homeland Security” to

“Emergency Management;”

 References to the “Emergency Management and Homeland Security Agency” were changed to

the Emergency Management Department;” and

 References to the “Oneida Community Health Services” was changed to the “Comprehensive

Health Division.”

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SECTION 6. EXISTING LEGISLATION

A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:

 Citations law. The Citations law provides a consistent process for handling citations of the Nation

in order to ensure equal and fair treatment to all persons who come before the Judiciary to have

their citations resolved. [8 O.C. 807.1-2]. The Citations law provides how a citation action is started

– such as who has the authority to issue a citation, the requirements of the form of the citation, and

how a citation is served and filed; stipulations for the settlement of a citation; and the citation

hearing procedures. [8 O.C. 807].

 This Law provides that a citation for a violation of this Law shall be processed in

accordance with the procedure contained in the Nation’s laws and policies governing

citations. [3 O.C. 302.10-2]. The Citations law is the Nation’s law governing citations.

 Any citations issued by the Oneida Police Department for a violation of this Law must

comply with the requirements and procedures of the Citations law.

 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 provides

the process for handling complaints, disciplinary actions, and grievances. [Section V.D.].

 This Law provides that an employee of the Nation who violates this Law during their

work hours or who refuses to follow the Emergency Response Plan may be subject to

disciplinary action in accordance with the Nation’s laws and policies governing

employment. [3 O.C. 302.10-3].

 This Law also provides that an employee of the Nation who is disciplined under this

Law may appeal the disciplinary action in accordance with the Nation’s laws and

policies governing employment. [3 O.C. 302.10-3(a)].

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 A supervisor would have to follow the disciplinary action procedure contained in the

Oneida Personnel Policies and Procedures to hold an employee accountable for a

violation of this Law.

B. The proposed amendments to the Law have the follow impact on existing legislation of the Nation.

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption of laws

of the Nation which includes taking into account comments from members of the Nation and input

from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

 A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Section 302.9-2(a) of the proposed emergency amendments to this Law conflict with

section 109.9-5 of the Legislative Procedures Act. The Legislative Procedures Act

provides a clear process for how the Nation is expected to handle emergency

legislation. The proposed amendments allow the Emergency Core Decision Making

Team the authority to declare exceptions to laws of the Nation notwithstanding any

requirements of the Legislative Procedures Act.

 Although the proposed amendments conflict with the Legislative Procedures Act, the

Oneida Business Committee is being asked to consider the adoption of this amendment

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due to the fact that the Nation needs to be able to address its internal governmental

operations and laws as they relate to an emergency on a daily, or even hourly basis in

order to provide the best effort of protection the health, safety, and general welfare of

the Reservation population.

 The proposed amendments allocation of authority to the Emergency Core Decision

Making Team to declare exceptions to the Nation’s laws during the emergency period

which will be of immediate impact for the purposes of protecting the health, safety,

and general welfare of the Nation’s community, members, and employees will

supersede the requirements of the Legislative Procedures Act when the Nation has

proclaimed an emergency.

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SECTION 8. OTHER CONSIDERATIONS

A. Enforcement. The Oneida Police Department is delegated enforcement authority under this Law.

 The Oneida Police Department shall take enforcement action when necessary and work with the

Community/Public Health Officer to execute the Community/Public Health Officer’s orders and

properly guard any place if quarantine, isolation, or other restrictions on communicable disease are

violated or intent to violate becomes apparent. [3 O.C. 302.7-7].

 An officer of the Oneida Police Department may issue a citation to any person who violates a

provision of this Law. [3 O.C. 302.10-2].

B. Citation Schedule Resolution. The Oneida Business Committee is delegated the authority to adopt

through resolution a citation schedule which sets forth specific fine amounts for violations of this Law.

[3 O.C. 302.10-2(b)].

A. Deadline for Permanent Adoption of Amendments. The emergency amendments to the Law, as

adopted by the Oneida Business Committee through BC-03-17-20-E, and extended through BC-08-2620-A, will expire on March 17, 2021.

 Conclusion: The Legislative Operating Committee will need to complete the development and

adoption of permanent amendments to this Law prior to March 17, 2021.

B. Citation Schedule. This Law provides that the Oneida Business Committee shall hereby be delegated

the authority to adopt through resolution a citation schedule which sets forth specific fine amounts for

violations of this Law. [3 O.C. 302.10-2(b)]. A citation schedule will need to be developed and adopted.

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

“Emergency Management and Homeland Security Law Fine and Penalty Schedule” which set forth a

fine schedule for violations of the Law. This declaration can be used in the development of a citations

schedule.

 Conclusion. The Legislative Operating Committee developed and plans to bring a proposed

citation schedule resolution to the Oneida Business Committee for consideration at the time these

amendments are considered for adoption.

C. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation. [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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

completing the fiscal impact statement. On February 3, 2021, the LOC directed that a fiscal impact

statement of the proposed amendments to the Law be completed by the Finance Department.

 Conclusion. On February 12, 2021, the Finance Department provided a fiscal impact statement

of the proposed amendments to the Law.

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FINANCE ADMINISTRATION

Fiscal Impact Statement

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MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

February 12, 2021

RE:

Fiscal Impact of the Emergency Management and Homeland Security Law

I. Estimated Fiscal Impact Summary

Law: Boards, Committees, and Commissions Law Amendments

Draft 1

Implementing Agency

Community Public Health Officer and Emergency

Management Department

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

10 days, in compliance with the Legislative Procedures Act

Current Fiscal Year

10 Year Estimate

No fiscal impact

No fiscal impact

II.

Background

A. Legislative History

This law was adopted by the Oneida Business Committee by resolution BC 07-15-98A and amended by resolutions BC-12-20-06-G, BC-05-13-09-F.

B. Summary of Content

The amendment changes the title to Emergency Management Law; revises references

to Oneida Community Health Services and Emergency Management Department;

defines emergency; clarifies the Nation may implement more strict policies than those

issued by the Community Public Health Officer and the Community Public Health

Officer has the authority to issue any mandate, order, and/or restriction to limit the

spread of any communicable disease to any individual or general population; clarify

exemptions to the requirements for vaccines; extends the time period for a

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proclamation of an emergency from thirty (30) days to sixty (60) days; delegates the

authority to the Oneida Business Committee to establish an Emergency Core

Decision Making Team; delegates authority to the Emergency Core Decision Making

Team to declare exceptions to any law, policy, procedure, regulation, or standard

operating procedure of the Nation; provide how the Emergency Core Decision

Making Team will make declarations and the duration of authority for those

declarations; require twenty-four (24) hour notification of the Oneida Business

Committee of a declaration being made; clarify the authority of the Oneida Business

Committee to modify, extend, or repeal any declaration or emergency action taken by

the Emergency Core Decision Making Team; provides that citation issue for violation

of this Law shall be process in accordance with the procedure contained in the

Nation’s laws and policies governing citations; and provides the Oneida Business

Committee shall adopt a resolution schedule with set forth specific fine amount for

violations of this law through a resolution.

III.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office,

documentation costs, as well as an estimate of the amount of time necessary for an

agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

Agency

There are no startup, personnel, office or documentation costs associated with this

legislation. The amendments will become effective 10 days from adoption.

V.

Financial Impact

There is no financial impact of the amendments.

VI.

Recommendation

Finance Department does not make a recommendation regarding course of action in this

matter. Rather, it is the purpose of this report to disclose potential financial impact of this

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legislation, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

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Title 3. Health and Public Safety – Chapter 302

Yotlihokt# Olihw@=ke

Matters that are concerning immediate attention

EMERGENCY MANAGEMENT AND HOMELAND SECURITY

302.1. Purpose and Policy

302.2. Adoption, Amendment, Conflicts

302.3. Definitions

302.4. Emergency Management/Homeland Security Department

302.5. Oneida Nation Emergency Planning Committee (ONEPC)

302.6. TribalEntity Cooperation

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302.7. Public Health Emergencies and Communicable Disease

302.8. WhenProclamation of an Emergency is Proclaimed

302.9. EmergencyEnforcement and Penalties

302.10. COVID-19 Core Decision Making Team

302.10. Enforcement and Penalties

302.1. Purpose and Policy

302.1-1. Purpose. The purposespurpose of this law areis to:

(a) provide for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster; and

(b) provide for the direction of emergency management, response, and recovery on the

Reservation; as well as coordination with other agencies, victims, businesses, and

organizations; and

(c) establish the use of the National Incident Management System (NIMS); and

(d) designate authority and responsibilities for public health preparedness.

302.1-2. Policy. It is the policy of this lawthe Nation to provide:

(a) a description of the emergency management network of the Nation; and

(b) authorization for specialized activities to mitigate hazardous conditions and for the

preparation of Tribalthe Nation’s emergency response management plans, as well as to

address concerns related to isolation and/or quarantine orders, emergency care, and mutual

aid; and

(c) for all expenditures made in connection with such emergency management activities

to be deemed specifically for the protection and benefit of the inhabitants, property, and

environment of the Reservation.

302.2. Adoption, Amendment, ConflictsRepeal

302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98A and amended by resolution BC-12-20-06-G, BC-05-13-09-F, and emergency amended by BC03-17-20-E.BC-__-__-__-__.

302.2-2.

This law may be amended or repealed by the Oneida Business Committee and/or

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

302.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

302.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

302.3. Definitions

302.3-1. This section shall govern the definitions of words or phrases as used within this law.

All words not defined herein shall be used in their ordinary and everyday sense.

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(a) “Biological Agentagent” means an infectious disease or toxin that has the ability to

adversely affect human health in a variety of ways, from mild allergic reactions to serious

medical conditions, and including death.

(b) “Communicable Diseasedisease” means any disease transmitted from one person or

animal to another directly by contact with excreta or other discharges from the body, or

indirectly via substances or inanimate objects that may cause a public health emergency.

(c) “Community/Public Health Officer” means an agent of the OCHSComprehensive

Health Division, or his or her designee(s), who is responsible for taking the appropriate

actions in order to prevent a public health emergency from occurring on the Reservation.

(d) “COVID-19” means a mild to severe respiratory illness that is caused by a coronavirus,

is transmitted chiefly by contact with infectious material, and is characterized especially

by fever, cough and shortness of breath and may progress to pneumonia and respiratory

failure.

(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,

which is authorized to issue compulsory vaccinations, require isolation, and quarantine

individuals in order to protect the public health.

(e) “Director” means the Director of the Nation’s Emergency Management/Homeland

Security Agency Department.

(f) (f) “Emergency” means a situation that poses an immediate risk to health, life, safety,

property, or environment which requires urgent intervention to prevent further illness,

injury, death, or other worsening of the situation.

(g) “Emergency Management Network” means the entities, volunteers, consultants,

contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents

and large-scale disasters.

(g) h) “Emergency OperationsResponse Plan” means the plan established to coordinate

mitigation, preparedness, response, and recovery activities for all emergency or disaster

situations within the Reservation.

(h) i) “Entity” means any Tribal agency, board, committee, commission, or department

of the Nation.

(i) j) “Fair Market Value” means the everyday cost of a product in an ordinary market,

absent of a disaster.

(j) k) “Isolation” means the separation of persons or animals presumably or actually

infected with a communicable disease, or that are disease carriers, for the usual period of

communicability of that disease in such places and under such conditions as will prevent

the direct or indirect transmission of an infectious agent to susceptible people or to those

who may spread the agent to others.

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

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

responsibilities of the Nation.

(l) “Nation” means the Oneida Nation.

(m) “National Incident Management System” or “NIMS” means the system mandated by

Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that

provides a consistent nationwide approach for federal, state, local, and tribal governments

to work effectively and efficiently together to prepare for, prevent, respond to, and recover

from domestic incidents, regardless of cause, size, or complexity.

(n) “OCHS” means the Oneida Community Health Services, which is authorized to issue

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compulsory vaccinations, require isolation, and quarantine individuals in order to protect

the public health.

(o) “Oneida Nation Emergency Planning Committee” or “ONEPC” means the committee

that assists the Director in the implementation of this law.

(p) o) “Proclaim” means to announce officially and publicly.

(q) p) “Public Health Emergency” means the occurrence or imminent threat of an illness

or health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number of

people.

(r) q) “Quarantine” means the limitation of freedom of movement of persons or animals

that have been exposed to a communicable disease or chemical, biological, or radiological

agent, for a period of time equal to the longest usual incubation period of the disease or

until there is no risk of spreading the chemical, biological, or radiological agent. The

limitation of movement shall be in such manner as to prevent the spread of a communicable

disease or chemical, biological, or radiological agent.

(s) r) “Reservation” means all land within the exterior boundaries of the Reservation of

the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and

any lands added thereto pursuant to federal law.

(s) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

(t) “Vital Resourcesresources” means food, water, equipment, sand, wood, or other

materials obtained for the protection of life, property, and/or the environment during a

proclaimed emergency.

302.4. Emergency Management/Homeland Security Department

302.4-1. There is hereby created anThe Emergency Management/Homeland Security Agency

which is Department shall be responsible for planning and coordinating the response to a disaster

or emergency that occurs within the boundaries of the Reservation.

302.4-2. Authority of the Director. The Director shall be responsible for coordinating and

planning the operational response to an emergency and is hereby empowered to:

(a) organize and coordinate efforts of the emergency management network of the Nation.;

(b) implement the Emergency OperationsResponse Plan as adopted by the Oneida

Business Committee.;

(c) facilitate coordination and cooperation between entities and resolve questions that

may arise among them.;

(d) incorporate the HSPD 5, issued on February 28, 2003 which requires all

Federalfederal, state, local, and tribal governments to administer the best practices

contained in the NIMS.;

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(e) coordinate the development and implementation of the NIMS within the Nation.;

(f) ensure that the following occurs:

(1) an Emergency OperationsResponse Plan is developed and maintained, and

includes training provisions for applicable personnel.;

(2) emergency resources, equipment, and communications systems are developed,

procured, supplied, inventoried, and accounted for.;

(g) establish the line of authority as recorded in the Emergency OperationsResponse Plan

as adopted by the Oneida Business Committee.; and

(h) enter into mutual aid and service agreements with tribal, local, state, and federal

governments, subject to Oneida Business Committee approval.

302.4-3. InAction when an Emergency is Proclaimed. In addition, in the event of a proclamation

of an emergency on the Reservation, the Director is hereby empowered:

(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon

approval of the Emergency Management/Homeland Security purchasing agent, who is

identified in the Emergency OperationsResponse Plan. If a person or business refuses to

provide the resource(s) required, the Director may commandeer resources for public use

and bind the Nation for the fair market value thereof. In the event the purchasing agent is

unavailable, the chain of command, as approved by the Oneida Business Committee, shall

be followed.

(b) to require emergency activities of as many Tribal members of the Nation and/or

employees as deemed necessary.

(c) to execute all of the ordinary powers of the Director, all of the special powers conferred

by this law or by resolution adopted pursuant thereto, all powers conferred on the Director

by any agreement approved by the Oneida Business Committee, and to exercise complete

emergency authority over the Reservation.

(d) to coordinate with tribal, federal, state, and local authorities.

302.5. Oneida Nation Emergency Planning Committee (ONEPC)

302.5-1.

The ONEPCOneida Nation Emergency Planning Committee shall consist of

representatives from entities and a community representative as identified in the ONEPCOneida

Nation Emergency Planning Committee bylaws as approved by the Oneida Business Committee.

302.5-2.

The ONEPCOneida Nation Emergency Planning Committee shall meet as necessary

to assist the Director in drafting and maintaining the Emergency OperationsResponse Plan.

302.5-3. At the request of the Director, the ONEPCOneida Nation Emergency Planning

Committee shall provide assistance to the Director in the implementation of the provisions of this

law or any plan issued thereunder.

302.6. TribalEntity Cooperation

302.6-1.

All entities shall comply with reasonable requests from the Director relating to

emergency planning, emergency operations, and federal mandate compliance.

302.6-2. A person who is disabled or dies while serving as a public safety officer, as defined in

the Public Safety Officers’ Benefits Program, the spouse of that person and/or any children of

that person may be eligible for benefits as determined by the Bureau of Justice Assistance under

the Public Safety Officers’ Benefits Program, 42 U.S.C. ch. 46, subch. XII.

302.6-2. The Nation may implement more strict policies or requirements than those issued by the

Community/Public Health Officer.

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302.7. Public Health Emergencies and Communicable Disease

302.7-1. In order to prevent a public health emergency, the Director and the Community/Public

Health Officer shall take action to limit the spread of any communicable disease, in accordance

with this law.

302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer

suspects or is informed of the existence of any communicable disease, the Community/Public

Health Officer shall investigate and make or cause examinations to be made, as are deemed

necessary.

302.7-3. The Community/Public Health Officer may quarantine, isolate, require restrictions, or

take other communicable disease control measures as necessary. Any individual, including an

authorized individual, who enters an isolation or quarantine premises may be subject to isolation

or quarantine under this lawQuarantinable Diseases. The Community/Public Health Officer shall

provide a list of quarantinable diseases specified in a resolution to be adopted by the Oneida

Business Committee.

302.7-4.(a) The list Authority of quarantinable diseases shall be specified in a resolution adopted

by the Oneida Business Committee as recommended by the the Community/Public Health Officer.

The Community/Public Health Officer shall act as necessary to protect the public including, but

not limited to, the following actions:

(b)(a) Request the Director to take the necessary steps to have a public health emergency

proclaimed;

(b) Quarantine, isolate, or take other communicable disease control measures upon an

individual(s); and

(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any

communicable disease to any individual, business, or the general population of the

Reservation.

302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately

quarantine, isolate, and/or take other communicable disease control measures upon an individual

if the Community/Public Health Officer receives a diagnostic report from a physician or a written

or verbal notification from an individual or his or her parent or caretaker that gives the

Community/Public Health Officer a reasonable belief that the individual has a communicable

disease that is likely to cause a public health emergency.

(c) When the Community/Public Health Officer deems it necessary that an individual be

quarantined or otherwise restricted in a separate place, the Community/Public Health

Officer shall have that individual removed to such a designated place, if it can be done

without danger to the individual’s health.

Cross-reference: See also Resolution Identifying Quarantinable Diseases BC-05-13-09-G.

(a) 302.7-4.

The Community/Public Health Officer shall act as necessary to protect the

public, including requesting the Director to take steps to have a public health emergency

proclaimed, as identified in 302.8.

302.7-5.

If an individual is infected with a communicable disease and the

Community/Public Health Officer determines it is necessary to limit contact with the

individual, all persons may be forbidden from being in direct contact with the infected

individual, except for those persons having a special written permit from the

Community/Public Health Officer.

(b) Any individual, including an authorized individual, who enters an isolation or quarantine

premises may be subject to isolation or quarantine under this 302.7-6. The Nation’s law

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enforcement agency shall work with the Community/Public Health Officer to execute the

Community/Public Health Officer’s orders and properly guard any place if quarantine or other

restrictions on communicable disease are violated or intent to violate is manifested.

302.7-7. Expenses forlaw.

(c) When the Community/Public Health Officer deems it necessary medical care, food, and other

articles needed for an infected individual shall be charged against the individual or whoever is

liable for the individual’s support. The OCHS is responsible for the following costs accruing under

this section unless the costs are payable through third party liability or through any benefit system:

(a) the expense for law enforcement assistance under 302.7-4.

(b) the expense of maintaining quarantine and isolation of thethat an individual be

quarantined area.

(c)

the expense of conducting examinations and tests made under the direction

of, isolated, or otherwise restricted in a separate place, the Community/Public Health

Officer shall have that individual removed to such a designated place, if it can be done

without danger to the individual’s health.

(d) the expense of care for dependent persons of the infected individual.

302.7-8. When302.7-6. Action when a Public Health Emergency is Proclaimed. In addition,

when a public health emergency is proclaimed, the Community/Public Health Officer may do all

of the following, as necessary:

(a) order organize the vaccination of individuals;

(1) The following types of individuals shall not be subject to a vaccination:

(A) an individual to receive a vaccination, unlesswho the vaccination is

reasonably likely to lead to serious harm to the individual or the; and

(B) an individual, for reason of religion or conscience, refuses to obtain the

vaccination.

(b) isolate or quarantine individuals, including those who are unable or unwilling to

receive thea vaccination under (a).; and

(c) prevent any individual, except for those individuals authorized by the

Community/Public Health Officer, from entering an isolation or quarantine premises.

302.8. When an Emergency is Proclaimed

302.7-7. The Oneida Police Department shall take enforcement action when necessary and work

with the Community/Public Health Officer to execute the Community/Public Health Officer’s

orders and properly guard any place if quarantine, isolation, or other restrictions on communicable

disease are violated or intent to violate becomes apparent.

302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected

individual shall be charged against the individual or whoever is liable for the individual’s care and

support.

302.8. Proclamation of an Emergency

302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible

for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or

presidential declaration.

(a) 302.8-2. The Director may request that the Oneida Business Committee proclaim the

existence of an emergency. The Oneida Business Committee may proclaim the existence

of an emergency without a request from the Director, if warranted.

(b) In the event the Oneida Business Committee is unable to proclaim or ratify the

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existence of an emergency, the Director may proclaim an emergency which shall be in

effect until such time the Oneida Business Committee can officially ratify this declaration.

The Oneida Business Committee may proclaim the existence of an emergency without a

request from the Director, if warranted.

302.8-2. 302.8-3.

The emergency management network of the Reservation shall be as

specified in the Emergency Operations Plan, as adopted by the Oneida Business Committee.

302.8-4. The provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals

Ordinance, shall not apply during a proclaimed emergency. During a proclaimed emergency, the

Conservation Department shall be responsible for the care, disposal, and sheltering of all

abandoned domestic animals and livestock.

302.8-5. No proclamation of an emergency by the Oneida Business Committee or the Director

may last for longer than thirty (30sixty (60) days, unless renewedthe proclamation of emergency

is extended by the Oneida Business Committee.

302.8-3. Management Network. The emergency management network of the Reservation shall

be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.

302.8-4. After-Action Report. After an emergency has subsided, the Director shall prepare, or

shall work in conjunction with the appropriate entity to prepare, an after-action report to be

presented to the Oneida Business Committee, any interested entity, and the public. This report

shall be presented to the required parties no longerlater than sixty (60) days after the emergency

has subsided, unless an extension is granted by the Oneida Business Committee.

302.8-5. During

302.9. Enforcement and Penalties

302.9-1. It shall be a violation of this law for any person to willfully obstruct, hinder, or delay

the implementation or enforcement of the provisions of this law or any plan issued thereunder,

whether or not an emergency has been proclaimed.

(a) Violators of this law may be subject to a fine of not more than $200 per violation to be issued

by the Oneida Police Department and paid to the Nation. Employees of the Nation who violate

this law during their work hours or who refuse to follow the a proclaimed emergency, the

Conservation Department shall be responsible for the care, disposal, and sheltering of all

abandoned domestic animals and livestock. The Conservation Department may delegate this

responsibility to a contracted agency.

302.9. Emergency Operations Plan may be subject to disciplinary action instead of a

fineEmergency Core Decision Making Team

.

302.9-2. All fines assessed under this section shall be paid within sixty (60) days of issuance of

the citation, unless the person files an appeal with the Judiciary before the fine is to be paid.

302.9-3. Employees of the Nation who are disciplined under this law may appeal the disciplinary

action in accordance with the personnel policies and procedures of the Nation.

302.10. COVID-19 Core Decision Making Team

302.10-1. Creation of302.9-1. Emergency Core Decision Making Team. Upon the proclamation

of an emergency under this law, the Oneida Business Committee may establish an Emergency

Core Decision Making Team through the adoption of a motion. The motion shall identify the

positions of the Nation which shall make up the members of the Emergency Core Decision Making

Team based on the type and severity of emergency the Nation is experiencing.

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302.9-2. Core Decision Making Team. There is hereby created a COVID-19 Core Decision

Making Team (COVID-19 Team) which shall exist by declaration of a public health emergency

under this law. The COVID-19 Team shall be made up of the following persons:

(a) Oneida Business Committee Officers which includes the Chairperson, Vice

Chairperson, Treasurer, Secretary;

(b) Legislative Operating Committee Chairperson;

(c) General Manager;

(d) Gaming General Manager;

(e) Gaming Assistant Chief Financial Officer;

(f) Chief Financial Officer;

(g) Intergovernmental Affairs and Communications Director; and

(h) Public Relations Director.

302.10-2. Delegation of Authority. The COVID-19The Emergency Core Decision Making Team

shall have emergency authority to take the following actions.:

(a) Notwithstanding any requirements of the Legislative Procedures Act, declare

exceptions to the Nation’s laws during the emergency period which will be of immediate

impact for the purposes of protecting the health, safety, and general welfare of the Nation’s

community, members, and employees.; and

(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard

operating procedures, declare exceptions to any policy, procedure, regulation, or standard

operating procedure during the emergency period which will be of immediate impact for

the purposes of protecting the health, safety, and general welfare of the the Nation’s

community, members, and employees.

302.109-3. Duration of Authority for Exceptions Declared by the COVID-19 Team. Any actions

taken under authority granted in this section shall be effective upon the date declared by the

COVID-19 Team and shall be effective for the duration of any declared emergency, or for a shorter

time period if identified.

(a) The Oneida Business Committee may change or extend any emergency actions taken

by the COVID-19 Team.

302.10-4. Declarations. All declarations made by the COVID-19Emergency Core Decision

Making Team shall:

(a) be written on the Nation’s letterhead;

(b) provide the date the declaration was issued;

(c) contain a clear statement of the directives;

(d) provide the date the directive shall go into effect;

(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the

Chairperson’s absence; and

(f) be posted on the Nation’s COVID-19 web sitewebsite.

302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making

Team. Any declaration made under the authority granted in this section shall be effective upon

the date declared by the Emergency Core Decision Making Team and shall be effective for the

duration of any proclaimed emergency, or for a shorter time period if identified.

302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a

declaration being made, the Emergency Core Decision Making Team shall provide notification of

the declaration to the Oneida Business Committee.

302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or

emergency action taken by the Emergency Core Decision Making Team.

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302.10. Enforcement and Penalties

302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct,

hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued

thereunder, whether or not an emergency has been proclaimed.

302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who

violates a provision of this law.

(a) A citation for a violation of this law shall be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations.

(b) The Oneida Business Committee shall adopt through resolution a citation schedule

which sets forth specific fine amounts for violations of this law.

(c) The Trial Court shall have jurisdiction over any action brought under this law.

302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work

hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action

in accordance with the Nation’s laws and policies governing employment.

(a) An employee of the Nation who is disciplined under this law may appeal the

disciplinary action in accordance with the Nation’s laws and policies governing

employment.

End.

Adopted - BC-07-15-98-A

Amended - BC-12-20-06-G

Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))

Amended- - BC-05-13-09-F

Emergency Amended – BC-03-17-20-E (COVID-19)

Extension of Emergency – BC-08-26-20-A

Amended – BC-__-__-__-__

3 O.C. 302 – Page 9

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Draft 2 for OBC Consideration

2021 03 10

Title 3. Health and Public Safety – Chapter 302

Yotlihokt# Olihw@=ke

Matters that are concerning immediate attention

EMERGENCY MANAGEMENT

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302.1. Purpose and Policy

302.2. Adoption, Amendment, Conflicts

302.3. Definitions

302.4. Emergency Management Department

302.5. Oneida Nation Emergency Planning Committee

302.6. Entity Cooperation

302.7. Public Health Emergencies

302.8. Proclamation of an Emergency

302.9. Emergency Core Decision Making Team

302.10. Enforcement and Penalties

302.1. Purpose and Policy

302.1-1. Purpose. The purpose of this law is to:

(a) provide for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster;

(b) provide for the direction of emergency management, response, and recovery on the

Reservation; as well as coordination with other agencies, victims, businesses, and

organizations;

(c) establish the use of the National Incident Management System (NIMS); and

(d) designate authority and responsibilities for public health preparedness.

302.1-2. Policy. It is the policy of the Nation to provide:

(a) a description of the emergency management network of the Nation;

(b) authorization for specialized activities to mitigate hazardous conditions and for the

preparation of the Nation’s emergency response plans, as well as to address concerns

related to isolation and/or quarantine orders, emergency care, and mutual aid; and

(c) for all expenditures made in connection with such emergency management activities

to be deemed specifically for the protection and benefit of the inhabitants, property, and

environment of the Reservation.

302.2. Adoption, Amendment, Repeal

302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98-A

and amended by resolution BC-12-20-06-G, BC-05-13-09-F, and BC-__-__-__-__.

302.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

302.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

302.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

302.3. Definitions

302.3-1. This section shall govern the definitions of words or phrases as used within this law.

All words not defined herein shall be used in their ordinary and everyday sense.

(a) “Biological agent” means an infectious disease or toxin that has the ability to adversely

affect human health in a variety of ways, from mild allergic reactions to serious medical

conditions, and including death.

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(b) “Communicable disease” means any disease transmitted from one person or animal to

another directly by contact with excreta or other discharges from the body, or indirectly via

substances or inanimate objects that may cause a public health emergency.

(c) “Community/Public Health Officer” means an agent of the Comprehensive Health

Division, or his or her designee(s), who is responsible for taking the appropriate actions in

order to prevent a public health emergency from occurring on the Reservation.

(d) “Comprehensive Health Division” means the Oneida Comprehensive Health Division,

which is authorized to issue compulsory vaccinations, require isolation, and quarantine

individuals in order to protect the public health.

(e) “Director” means the Director of the Nation’s Emergency Management Department.

(f) “Emergency” means a situation that poses an immediate risk to health, life, safety,

property, or environment which requires urgent intervention to prevent further illness,

injury, death, or other worsening of the situation.

(g) “Emergency Management Network” means the entities, volunteers, consultants,

contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents

and large-scale disasters.

(h) “Emergency Response Plan” means the plan established to coordinate mitigation,

preparedness, response, and recovery activities for all emergency or disaster situations

within the Reservation.

(i) “Entity” means any agency, board, committee, commission, or department of the

Nation.

(j) “Fair Market Value” means the everyday cost of a product in an ordinary market,

absent of a disaster.

(k) “Isolation” means the separation of persons or animals presumably or actually infected

with a communicable disease, or that are disease carriers, for the usual period of

communicability of that disease in such places and under such conditions as will prevent

the direct or indirect transmission of an infectious agent to susceptible people or to those

who may spread the agent to others.

(l) “Nation” means the Oneida Nation.

(m) “National Incident Management System” or “NIMS” means the system mandated by

Homeland Security Presidential Directive 5 (HSPD 5) issued on February 28, 2003, that

provides a consistent nationwide approach for federal, state, local, and tribal governments

to work effectively and efficiently together to prepare for, prevent, respond to, and recover

from domestic incidents, regardless of cause, size, or complexity.

(n) “Oneida Nation Emergency Planning Committee” means the committee that assists the

Director in the implementation of this law.

(o) “Proclaim” means to announce officially and publicly.

(p) “Public Health Emergency” means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

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that creates a significant risk of substantial future harm to a large number of

people.

(q) “Quarantine” means the limitation of freedom of movement of persons or animals that

have been exposed to a communicable disease or chemical, biological, or radiological

agent, for a period of time equal to the longest usual incubation period of the disease or

until there is no risk of spreading the chemical, biological, or radiological agent. The

limitation of movement shall be in such manner as to prevent the spread of a communicable

disease or chemical, biological, or radiological agent.

(r) “Reservation” means all land within the exterior boundaries of the Reservation of the

Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and

any lands added thereto pursuant to federal law.

(s) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

(t) “Vital resources” means food, water, equipment, sand, wood, or other materials

obtained for the protection of life, property, and/or the environment during a proclaimed

emergency.

302.4. Emergency Management Department

302.4-1. The Emergency Management Department shall be responsible for planning and

coordinating the response to a disaster or emergency that occurs within the boundaries of the

Reservation.

302.4-2. Authority of the Director. The Director shall be responsible for coordinating and

planning the operational response to an emergency and is hereby empowered to:

(a) organize and coordinate efforts of the emergency management network of the Nation;

(b) implement the Emergency Response Plan as adopted by the Oneida Business

Committee;

(c) facilitate coordination and cooperation between entities and resolve questions that may

arise among them;

(d) incorporate the HSPD 5 which requires all federal, state, local, and tribal governments

to administer the best practices contained in the NIMS;

(e) coordinate the development and implementation of the NIMS within the Nation;

(f) ensure that the following occurs:

(1) an Emergency Response Plan is developed and maintained, and includes

training provisions for applicable personnel;

(2) emergency resources, equipment, and communications systems are developed,

procured, supplied, inventoried, and accounted for;

(g) establish the line of authority as recorded in the Emergency Response Plan as adopted

by the Oneida Business Committee; and

(h) enter into mutual aid and service agreements with tribal, local, state, and federal

governments, subject to Oneida Business Committee approval.

302.4-3. Action when an Emergency is Proclaimed. In addition, in the event of a proclamation of

an emergency on the Reservation, the Director is hereby empowered:

(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon

approval of the Emergency Management purchasing agent, who is identified in the

Emergency Response Plan. If a person or business refuses to provide the resource(s)

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required, the Director may commandeer resources for public use and bind the Nation for

the fair market value thereof. In the event the purchasing agent is unavailable, the chain of

command, as approved by the Oneida Business Committee, shall be followed.

(b) to require emergency activities of as many members of the Nation and/or employees

as deemed necessary.

(c) to execute all of the ordinary powers of the Director, all of the special powers conferred

by this law or by resolution adopted pursuant thereto, all powers conferred on the Director

by any agreement approved by the Oneida Business Committee, and to exercise complete

emergency authority over the Reservation.

(d) to coordinate with tribal, federal, state, and local authorities.

302.5. Oneida Nation Emergency Planning Committee

302.5-1. The Oneida Nation Emergency Planning Committee shall consist of representatives from

entities and a community representative as identified in the Oneida Nation Emergency Planning

Committee bylaws as approved by the Oneida Business Committee.

302.5-2. The Oneida Nation Emergency Planning Committee shall meet as necessary to assist the

Director in drafting and maintaining the Emergency Response Plan.

302.5-3. At the request of the Director, the Oneida Nation Emergency Planning Committee shall

provide assistance to the Director in the implementation of the provisions of this law or any plan

issued thereunder.

302.6. Entity Cooperation

302.6-1. All entities shall comply with reasonable requests from the Director relating to

emergency planning, emergency operations, and federal mandate compliance.

302.6-2. The Nation may implement more strict policies or requirements than those issued by the

Community/Public Health Officer.

302.7. Public Health Emergencies

302.7-1. In order to prevent a public health emergency, the Director and the Community/Public

Health Officer shall take action to limit the spread of any communicable disease, in accordance

with this law.

302.7-2. Investigation of Communicable Disease. If the Community/Public Health Officer

suspects or is informed of the existence of any communicable disease, the Community/Public

Health Officer shall investigate and make or cause examinations to be made, as are deemed

necessary.

302.7-3. Quarantinable Diseases. The Community/Public Health Officer shall provide a list of

quarantinable diseases specified in a resolution to be adopted by the Oneida Business Committee.

302.7-4. Authority of the Community/Public Health Officer. The Community/Public Health

Officer shall act as necessary to protect the public including, but not limited to, the following

actions:

(a) Request the Director to take the necessary steps to have a public health emergency

proclaimed;

(b) Quarantine, isolate, or take other communicable disease control measures upon an

individual(s); and

(c) Issue any mandate, order, and/or require restrictions which may limit the spread of any

communicable disease to any individual, business, or the general population of the

Reservation.

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302.7-5. Quarantine and Isolation. The Community/Public Health Officer shall immediately

quarantine, isolate, and/or take other communicable disease control measures upon an individual

if the Community/Public Health Officer receives a diagnostic report from a physician or a written

or verbal notification from an individual or his or her parent or caretaker that gives the

Community/Public Health Officer a reasonable belief that the individual has a communicable

disease that is likely to cause a public health emergency.

(a) If an individual is infected with a communicable disease and the Community/Public

Health Officer determines it is necessary to limit contact with the individual, all persons

may be forbidden from being in direct contact with the infected individual, except for those

persons having a special written permit from the Community/Public Health Officer.

(b) Any individual, including an authorized individual, who enters an isolation or

quarantine premises may be subject to isolation or quarantine under this law.

(c) When the Community/Public Health Officer deems it necessary that an individual be

quarantined, isolated, or otherwise restricted in a separate place, the Community/Public

Health Officer shall have that individual removed to such a designated place, if it can be

done without danger to the individual’s health.

302.7-6. Action when a Public Health Emergency is Proclaimed. In addition, when a public health

emergency is proclaimed, the Community/Public Health Officer may do all of the following, as

necessary:

(a) organize the vaccination of individuals;

(1) The following types of individuals shall not be subject to a vaccination:

(A) an individual who the vaccination is reasonably likely to lead to serious

harm to the individual; and

(B) an individual, for reason of religion or conscience, refuses to obtain the

vaccination.

(b) isolate or quarantine individuals, including those who are unable or unwilling to receive

a vaccination; and

(c)

prevent any individual, except for those individuals authorized by the

Community/Public Health Officer, from entering an isolation or quarantine premises.

302.7-7. The Oneida Police Department shall take enforcement action when necessary and work

with the Community/Public Health Officer to execute the Community/Public Health Officer’s

orders and properly guard any place if quarantine, isolation, or other restrictions on communicable

disease are violated or intent to violate becomes apparent.

302.7-8. Expenses for necessary medical care, food, and other articles needed for an infected

individual shall be charged against the individual or whoever is liable for the individual’s care and

support.

302.8. Proclamation of an Emergency

302.8-1. Proclamation of an Emergency. The Oneida Business Committee shall be responsible

for proclaiming or ratifying the existence of an emergency and for requesting a gubernatorial or

presidential declaration.

(a) The Director may request that the Oneida Business Committee proclaim the existence

of an emergency. The Oneida Business Committee may proclaim the existence of an

emergency without a request from the Director, if warranted.

(b) In the event the Oneida Business Committee is unable to proclaim or ratify the

existence of an emergency, the Director may proclaim an emergency which shall be in

effect until such time the Oneida Business Committee can officially ratify this declaration.

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302.8-2. No proclamation of an emergency by the Oneida Business Committee or the Director

may last for longer than sixty (60) days, unless the proclamation of emergency is extended by the

Oneida Business Committee.

302.8-3. Management Network. The emergency management network of the Reservation shall

be as specified in the Emergency Response Plan, as adopted by the Oneida Business Committee.

302.8-4. After-Action Report. After an emergency has subsided, the Director shall prepare, or

shall work in conjunction with the appropriate entity to prepare, an after-action report to be

presented to the Oneida Business Committee, any interested entity, and the public. This report

shall be presented to the required parties no later than sixty (60) days after the emergency has

subsided, unless an extension is granted by the Oneida Business Committee.

302.8-5. During a proclaimed emergency, the Conservation Department shall be responsible for

the care, disposal, and sheltering of all abandoned domestic animals and livestock. The

Conservation Department may delegate this responsibility to a contracted agency.

302.9. Emergency Core Decision Making Team

302.9-1. Emergency Core Decision Making Team. Upon the proclamation of an emergency under

this law, the Oneida Business Committee may establish an Emergency Core Decision Making

Team through the adoption of a motion. The motion shall identify the positions of the Nation which

shall make up the members of the Emergency Core Decision Making Team based on the type and

severity of emergency the Nation is experiencing.

302.9-2. Delegation of Authority. The Emergency Core Decision Making Team shall have

emergency authority to take the following actions:

(a) Notwithstanding any requirements of the Legislative Procedures Act, declare

exceptions to the Nation’s laws during the emergency period which will be of immediate

impact for the purposes of protecting the health, safety, and general welfare of the Nation’s

community, members, and employees; and

(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard

operating procedures, declare exceptions to any policy, procedure, regulation, or standard

operating procedure during the emergency period which will be of immediate impact for

the purposes of protecting the health, safety, and general welfare of the Nation’s

community, members, and employees.

302.9-3. Declarations. All declarations made by the Emergency Core Decision Making Team

shall:

(a) be written on the Nation’s letterhead;

(b) provide the date the declaration was issued;

(c) contain a clear statement of the directives;

(d) provide the date the directive shall go into effect;

(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the

Chairperson’s absence; and

(f) be posted on the Nation’s website.

302.9-4. Duration of Authority for Exceptions Declared by the Emergency Core Decision Making

Team. Any declaration made under the authority granted in this section shall be effective upon

the date declared by the Emergency Core Decision Making Team and shall be effective for the

duration of any proclaimed emergency, or for a shorter time period if identified.

302.9-5. Notification to the Oneida Business Committee. Within twenty-four (24) hours of a

declaration being made, the Emergency Core Decision Making Team shall provide notification of

the declaration to the Oneida Business Committee.

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302.9-6. The Oneida Business Committee may modify, extend, or repeal any declaration or

emergency action taken by the Emergency Core Decision Making Team.

302.10. Enforcement and Penalties

302.10-1. It shall be a violation of this law for any person to not comply with or willfully obstruct,

hinder, or delay the implementation or enforcement of the provisions of this law or any plan issued

thereunder, whether or not an emergency has been proclaimed.

302.10-2. Citations. An Oneida Police Department officer may issue a citation to any person who

violates a provision of this law.

(a) A citation for a violation of this law shall be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations.

(b) The Oneida Business Committee shall adopt through resolution a citation schedule

which sets forth specific fine amounts for violations of this law.

(c) The Trial Court shall have jurisdiction over any action brought under this law.

302.10-3. Disciplinary Action. An employee of the Nation who violates this law during their work

hours or who refuses to follow the Emergency Response Plan may be subject to disciplinary action

in accordance with the Nation’s laws and policies governing employment.

(a) An employee of the Nation who is disciplined under this law may appeal the

disciplinary action in accordance with the Nation’s laws and policies governing

employment.

End.

Adopted - BC-07-15-98-A

Amended - BC-12-20-06-G

Emergency Amended – BC-04-30-09-A (Influenza A (H1N1))

Amended - BC-05-13-09-F

Emergency Amended – BC-03-17-20-E (COVID-19)

Extension of Emergency – BC-08-26-20-A

Amended – BC-__-__-__-__

3 O.C. 302 – Page 7

Public Packet

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Adopt resolution entitled Emergency Management Law Citation Schedule

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Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # _____________

Emergency Management Law Citation Schedule

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 Emergency Management law (‘the Law”) was adopted by the Oneida Business

Committee through resolution BC-07-15-98-A and amended by resolution BC-12-20-06-G,

BC-05-13-09-F, and BC-__-__-__-__; and

WHEREAS,

the purpose of the 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 coordination with other agencies, victims, businesses, and organizations;

establish the use of the National Incident Management System; and designate authority

and responsibilities for public health preparedness; and

WHEREAS,

the Law provides that it shall be a violation of this law for any person to not comply with or

willfully obstruct, hinder, or delay the implementation or enforcement of the provisions of

this law or any plan issued thereunder, whether or not an emergency has been proclaimed;

and

WHEREAS,

the Law allows an Oneida Police Department officer to issue a citation to any person who

violates a provision of this law; and

WHEREAS,

any citation issued for a violation of this Law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations; and

WHEREAS,

the Trial Court shall have jurisdiction over any action brought under this law; and

WHEREAS,

the Law delegates authority to the Oneida Business Committee to adopt through resolution

a citation schedule which sets forth specific fine amounts for violations of this Law; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby sets forth the

following citation schedule to be used for violations of the Emergency Management law:

Violation

Reference

1st Offense

2nd Offense

Failure to follow the Community/Public Health

302.7-4(b)

$100

$200

Officer’s directive to quarantine, isolate, or take 302.7-5

other communicable disease control measures

Public Packet

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BC Resolution # _______

Emergency Management Law Citation Schedule

Page 2 of 2

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Failure to comply with any mandate, order, or

requirement issued by the Community/Public

Health Officer which may limit the spread of

any communicable disease

Direct contact with an infected individual who

the Community/Public Health Officer has

prohibited contact with, without a special

written permit from the Community/Public

Health Officer

Unauthorized entry into an isolation or

quarantine premises

Obstructing, hindering, or delaying the

implementation or enforcement of a provision

of this law or a plan issued under this law

302.7-4(c)

$100

$200

302.7-5(a)

$100

$200

302.7-6(c)

$100

$200

302.10-1

$100

$200

BE IT FINALLY RESOLVED, the Oneida Business Committee hereby adopts this resolution which shall

become effective on March 17, 2021.

Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Management Law Citation Schedule

Summary

Through this resolution the Oneida Business Committee adopts a citation schedule for violations

of the Emergency Management law.

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

Date: February 26, 2021

Analysis by the Legislative Reference Office

The Emergency Management law (“the Law”) was adopted for the purpose of providing for the

development and execution of plans for the protection of residents, property, and the environment

in an emergency or disaster; providing for the direction of emergency management, response, and

recovery on the Reservation, as well as coordination with other agencies, victims, businesses, and

organizations; establishing the use of the National Incident Management System; and designating

authority and responsibilities for public health preparedness [3 O.C. 302.1-1].

The Law provides that it shall be a violation of this law for any person to not comply with or

willfully obstruct, hinder, or delay the implementation or enforcement of the provisions of this law

or any plan issued thereunder, whether or not an emergency has been proclaimed. [3 O.C. 302.101]. An Oneida Police Department officer may issue a citation to any person who violates a

provision of this law. [3 O.C. 302.10-2]. The Oneida Trial Court then has the jurisdiction to hear

any action brought under this law. [3 O.C. 302.10-2(c)].

The Law delegates authority to the Oneida Business Committee to adopt through resolution a

citation schedule which sets forth specific fine amounts for violations of this Law. [3 O.C. 302.102(b)]. This resolution sets forth the citation schedule which includes the specific fine amounts for

various violations of this Law. This resolution will become effective on March 17, 2021.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Adopt resolution entitled Amendments to the Community Support Fund Law

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Oneida Nation

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Post Office Box 365

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Oneida, WI 54155

BC Resolution #

Amendments to the Community Support Fund Law

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 Community Support Fund law (“the Law”) was adopted by the Oneida Business

Committee through BC-05-15-96-A and amended by resolutions BC-01-08-97-G, BC-1211-13-D, BC-01-11-17-B; and

WHEREAS,

the purpose of the Law is to assist the greatest number of members of the Nation who

apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or

injury, or emergency event when no other resources for assistance exist; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Nation’s Economic Support Services Department to develop the amendments to the Law;

and

WHEREAS,

the amendments to the Law Revise the definition of “immediate family” to better reflect

Oneida families; and

WHEREAS,

the amendments to the Law include a definition for Fund Operator, which is the Economic

Support Services Department, or other department within the Governmental Services

Division designated authority over the operation of the Fund; and

WHEREAS,

the amendments to the Law include a public health emergency as a catastrophic event,

catastrophic illness or injury, or emergency event that qualifies an applicant for assistance

from the Fund; and

WHEREAS,

the amendments to the Law clarify that the Fund may only be used for the waiting period

for a Social Security Disability Determination rent and utility assistance up to a maximum

of twelve (12) months; and

WHEREAS,

the amendments to the

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Oneida Business Committee (2021) | Frix