# Oneida Business Committee (2022)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af99a16b4213baf92

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
April 6, 2022
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. March 16, 2022 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Wellness Court Law (pg. 4)

IV.

New Submissions
1. Oneida Land Claims Commission Bylaws Amendments (pg. 18)

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

"'

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
March 16, 2022
9:00 a.m.
Present: David P. Jordan Daniel Guzman King, Jennifer Webster, Marie Summers, Kirby
Metoxen (Microsoft Teams)
Others Present: Clorissa N. Santiago, Carmen Vanlanen, Brooke Doxtator, Lawrence Barton,
Justin Nishimoto (Microsoft Teams), Eric Boulanger (Microsoft Teams), Rae Skenandore
(Microsoft Teams), Amy Spears (Microsoft Teams), Courtney Georgia (Microsoft Teams),
Kaylynn Gresham (Microsoft Teams), Hon. Layatalati Hill (Microsoft Teams), Hon. Patricia Hoeft
(Microsoft Teams), Rhiannon Metoxen (Microsoft Teams)
I.

Call to Order and Approval of the Agenda
David P. Jordan called the March 16, 2022, Legislative Operating Committee meeting to
order at 9:12 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Daniel Guzman King.
Motion carried unanimously.

II.

Minutes to be Approved
1. March 2, 2022 LOC Meeting Minutes
Motion by Jennifer Webster to approve the March 2, 2022, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion
carried unanimously.

III.

Current Business
1. Budget Management and Control Law Amendments
Motion by Jennifer Webster to accept the updated public comment review memorandum;
seconded by Daniel Guzman King. Motion carried unanimously.
Motion by Jennifer Webster to approve the updated draft and legislative analysis with noted
change to section 121.8-2 of the law 1; seconded by Marie Summers. Motion carried
unanimously.

Section 121.8-2 of the Law was revised to read as follows:
121.8-2. Notice of the Acquisition of Debt. Any debt of ten million dollars ($10,000,000) or more underwritten by the
Nation shall be noticed to the General Tribal Council at the next available meeting prior to the execution of the credit
agreement encumbering all pledges of repayment.
(a) If emergency circumstances exist which prevents the notice of the acquisition of debt to the General Tribal~
Council, the Oneida Business Committee may approve the acquisition of debt.
GOOOOO

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

Legislative Operating Committee Meeting Minutes of March 16, 2022
Page 1 of 2

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Motion by Marie Summers to approve the fiscal impact statement request memorandum
and forward to the Finance Department directing that a fiscal impact statement be prepared
and submitted to the LOC by April 14, 2022; seconded by Jennifer Webster. Motion carried
unanimously.
2. Wellness Court Law
Motion by Jennifer Webster to approve the legislative analysis for the Healing to Wellness
Court law; seconded by Marie Summers. Motion carried unanimously.
3. Elder Assistance Program Law
Motion by Marie Summers to approve the updated draft of the Elder Assistance Program
law and direct that a legislative analysis be developed; seconded by Jennifer Webster.
Motion carried unanimously.
4. Oneida Nation Gaming Ordinance Amendments
Motion by Daniel Guzman King to approve the draft and legislative analysis of the
amendments to ONGO and direct that a public comment period be held open for the
proposed amendments to ONGO until April 13, 2022; seconded by Marie Summers.
Motion carried unanimously.
IV.

New Submissions
1. Oneida Nation Emergency Planning Committee Bylaws Amendments
Motion by Jennifer Webster to add the Oneida Nation Emergency Planning Committee
bylaws amendments to the Active Files List with David P. Jordan as the sponsor; seconded
by Kirby Metoxen. Motion carried unanimously.

V.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn
Motion by Marie Summers to adjourn at 10:14 a.m.; seconded by Daniel Guzman King.
Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of March 16, 2022
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Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee
April 6, 2022

Wellness Court Law

Submission Date:12/20/17
LOC Sponsor: Daniel Guzman King

Public Meeting: n/a
Emergency Enacted: n/a

Summary: This item was carried over from last term. The request to a develop a Wellness Court law

came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017. A Wellness
Court brings together alcohol and drug treatment, community healing resources, and the tribal justice
process by using a team approach to achieve the physical and spiritual healing of the individual
participant, and to promote Native Nation building and the well-being of the community.
10/7/20 LOC: Motion by Kirby Metoxen to add the Wellness Court Law to the Active Files List with Daniel
Guzman King as the sponsor; seconded by Jennifer Webster. Motion carried unanimously.
11/18/20:

THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter
(NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court
Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer
Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon
Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon.
John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Joel Maxam, Tsyoslake
House, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness
Court Planning Initiative (THTWCPI) Training presented by the National Association of Drug
Court Professionals (NADCP) held through Microsoft Teams.

11/19/20:

THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter
(NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court
Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah
Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless,
Hon. Patricia Hoeft, Simone Ninham, Joel Maxam, Wesley Martin, Gerald Hill. The group
participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training
presented by the National Association of Drug Court Professionals (NADCP) held through
Microsoft Teams.

11/20/20:

THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter
(NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court
Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer
Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon
Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon.
John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Tsyoslake House,
Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court

Page 1 of 3

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

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Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court
Professionals (NADCP) held through Microsoft Teams.
1/6/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie
Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati Hill, Hon. John
Powless, Hon. Patricia Hoeft, Simone Ninham, Deborah Thundercloud, Mari Kriescher,
Tsyoslake House, Wesley Martin, Gerald Hill, Kristal Hill, Rhiannon Metoxen, Bridget
Mendolla-Cornelius, Chelsea Place. This work meeting was held through Microsoft Teams.
The purpose of this work meeting was to begin the development of the Nation’s Wellness
Court law by reviewing an initial draft based off of other Tribal Healing to Wellness Court
laws to serve as an outline for discussion. The drafting attorney will schedule another work
meeting to continue the review of the draft.

1/20/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati
Hill, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Tsyoslake House, Wesley Martin,
Gerald Hill, Kristal Hill, Rhiannon Metoxen, Chelsea Place. This work meeting was held
through Microsoft Teams. The purpose of this work meeting was to continue review and
discussion of the Wellness Court law draft.

1/28/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to discuss a plan for moving
this item forward through the legislative process.

2/5/21:

Work Meeting. Present: Clorissa N. Santiago, Hon. Layatalati Hill, Hon. Patricia Hoeft,
Simone Ninham. This was a work meeting held through Microsoft Teams. The purpose of this
work meeting was to provide the Judiciary an opportunity to provide input on the development
of the Wellness Court law.

3/2/21:

Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel
Maxam, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Leslie
Doxtator, Renita Hernandez, Deborah Thundercloud, Tsyoslake House, Wesley Martin,
Gerald Hill. This was a work meeting held through Microsoft Teams. The purpose of this
work meeting was to review the various objectives for “TAP, Goal 4: Create and implement
a comprehensive Justice System that includes a Wellness Court and a rehabilitative
corrections system” and set a process for moving forward with work meetings.

3/16/21:

Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel
Maxam, Hon. John Powless, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita
Hernandez, Wesley Martin. This was a work meeting held through Microsoft Teams. The
purpose of this work meeting was to review and discuss potential eligibility requirements for
the Wellness Court.

5/18/21:

Work Meeting. Present: Clorissa N. Santiago, Hon. John Powless, Hon. Patricia Hoeft, Simone
Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Robert Brown. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to review and
discuss Wellness Court phase considerations.

1/19/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Kristal Hill.
This was a work meeting held through Microsoft Teams. The purpose of this work meeting
A good mind. A good heart. A strong fire.

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was to review the updated and simplified draft of the Wellness Court law and determine the
next steps for moving this legislative item forward.
1/27/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Rhiannon
Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric
Boulanger. This was a work meeting held through Microsoft Teams. The purpose of this work
meeting was to review updated and simplified draft of the Wellness Court law with the larger
group, as well receive an update from the Judiciary on the progress of the internal policies and
procedures for the Wellness Court.

2/10/22:

Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Clorissa N.
Santiago, Carmen Vanlanen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft,
Simone Ninham, Eric Boulanger, Joel Maxam, Kristal Hill. This was a work meeting held
through Microsoft Teams. The purpose of this work meeting was to review the two issues
identified in the last work meeting (closed court vs. open court, and court of record vs. not a
court of record), as well as review and discuss some suggested revisions from the Judiciary.

2/16/22 LOC: Motion by Marie Summers to approve the draft of the Healing to Wellness Court law and
direct that a legislative analysis be developed; seconded by Kirby Metoxen. Motion carried
unanimously.
3/16/22 LOC: Motion by Jennifer Webster to approve the legislative analysis for the Healing to Wellness
Court law; seconded by Marie Summers. Motion carried unanimously.
3/31/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon
Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work
meeting was to review the public meeting notice for this law.

Next Steps:
 Approve public meeting packet and forward the Healing to Wellness Court law to a public meeting
to be held on May 4, 2022.

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

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ONEIDA

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ONEIDA NATION PUBLIC MEETING NOTICE
WEDNESDAY, MAY 4, 2022, 12:15 pm

Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings

Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin

Send Public Comments to
LOC@oneidanation.org

Ask Questions here
LOC@oneidanation.org
920-869-4417

HEALING TO WELLNESS COURT LAW
The purpose of this proposed law is to establish the Nation’s Healing to Wellness Court to:
 offer intensive case management, treatment, and court supervision to individuals who
committed an offense directly or indirectly related to a substance abuse or addiction issue;
 provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways);
 create intragovernmental and intergovernmental collaborative teams to interact with
each participant; and
 encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction.
The Healing to Wellness Court Law will:
 Establish the Healing to Wellness Court as a division of the Trial Court and delegate jurisdiction to the Healing to Wellness Court for matters related to substance abuse and
addiction, and any matter arising under this law;
 Delegate authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction;
 Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court
Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any
other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made;
 Delegate authority to the Healing to Wellness Court to establish policies and procedures
governing the operation and implementation of the Healing to Wellness Court program;
and
 Provide that the Healing to Wellness Court is a non-adversarial forum, and that all Team
meetings and hearings are closed to the public, and held in accordance with the policies
and procedures created by the Court.

PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, MAY 11, 2022
During the public comment period, anyone may submit written
comments, questions or input. Comments may be submitted to the
Oneida Nation Secretary’s Office or the Legislative Reference
Office in person, by U.S. mail, interoffice mail, or e-mail.

ti

For more information on the proposed Healing to Wellness Court law please review the public meeting packet
at oneida-nsn.gov/government/register/public meetings.

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Analysis to Draft 1
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ADD ONEIDA TITLE IN ONEIDA LANGUAGE
HEALING TO WELLNESS COURT LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Tribal Action Plan
(TAP)-Laws and
Policies SubCommittee
Intent of the
Legislation or
Amendments

Purpose

Affected Entities
Related Legislation
Public Meeting
Fiscal Impact

SPONSOR:
Daniel Guzman King

DRAFTER:
Clorissa N. Santiago

ANALYST:
Carmen VanLanen

To establish the Nation’s Healing to Wellness Court to bring together community
healing resources with the Nation’s justice system to work collaboratively with
intragovernmental and intergovernmental partnerships to reduce the abuse of
alcohol and other drugs and drug-related criminal activity affecting the Nation’s
community in an effort to promote life-long substance abuse recovery and the
reintegration of participants into the Oneida community [8 O.C. 808.1-2].
The purpose of this law is to establish the Nation’s Healing to Wellness Court to:
• Offer intensive case management, treatment, and court supervision to
individuals who committed an offense directly or indirectly related to a
substance abuse or addiction issue [8 O.C. 808.1-1(a)];
• Provide access to holistic, structured, and phased substance abuse treatment
and rehabilitation services that incorporate culture, tradition, and Tsi
Niyukwaliho t^ (Our Ways) [8 O.C. 808.1-1(b)];
• Create intragovernmental and intergovernmental collaborative teams to
interact with each participant [8 O.C. 808.1-1(c)]; and
• Encourage and support each participant in the goal of recovery to lead
lawful, productive lives free of substance abuse and addiction [8 O.C.
808.1-1(d)].
The Nation’s Judiciary, Oneida Police Department, and Oneida Behavioral Health
Public Peace Law; Judiciary Law; Oneida Judiciary Rules of Civil Procedure Law;
Oneida Judiciary Rules of Evidence Law
A public meeting will be held on Wednesday, May 4, 2022 with a public
comment period held open until May 11, 2022.
A fiscal impact statement prepared in accordance with the Legislative Procedures
Act has not yet been requested.

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Analysis to Draft 1
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SECTION 2. LEGISLATIVE DEVELOPMENT

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SECTION 3. CONSULTATION AND OUTREACH

A. Background. The request to develop a Healing to Wellness Court law came from the Tribal Action
Plan (TAP)- Laws and Policies Sub-Committee in December 2017. The Law was first added to the
Active Files List on October 7, 2020.
B. History of Drug Courts. The drug court movement started in the late 1980s to help combat an increase
in the number drug-related offenses and re-offenses that resulted in overcrowded jails and prisons,
which incarceration alone was not able to control.1 Between 1980 and 2000, arrests for drug offenses
more than doubled.2 Those who were imprisoned were not being treated for their substance abuse and
the underlying problems and were subjected to traumatization by the prison system and faced many
barriers upon release3. The response to this issue was to develop a court approach that systematically
prioritized treatment in substance abuse cases.4 A drug court is a special court docket to which cases
involving alcohol and other substance abusing offenders are assigned for intensive supervision and
treatment.5 Drug courts are distinguished by several features, such as expedited case processing,
outpatient treatment, and support services (e.g., job placement and housing services).6
C. Development of Healing to Wellness Courts in Native Nations. Native nations were looking to develop
a court that would help confront intergenerational substance abuse issues while avoiding the term “drug
court”, thus developing the term “healing to wellness court”. This term referred to the healing and
wellness aspects of this approach, along with the idea that wellness is an ongoing journey.7 In August
2003, state and national drug court efforts were used to help draft tribal-specific healing to wellness
court curriculums. The newly developed Healing to Wellness Courts were not simply tribal courts that
heard cases involving substance abuse but were special court docket-collaboratives that partnered with
service providers to create a program for participants that included extensive supervision and
treatment.8 Tribal Healing to Wellness courts are guided by the Tribal Ten Key Components, which are
the fundamental essentials of the drug court concept that were adjusted to reflect the tribal notions of
healing and wellness, particularly the concept of a healing to wellness journey and the collaboration
involved.9

A. The following departments within the Nation participated in the development of this Law and
legislative analysis:
▪ Oneida Nation Judiciary;
▪ Oneida Police Department:
▪ Oneida Behavioral Health;
▪ Tribal Action Plan (TAP);
1

U.S. Department of Justice Office of Justice Programs, “Tribal Healing to Wellness Court: The Key Components,”
(April 2003).
2
Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”.
3
Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021).
4
Id.
5
Id.
6
Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”.
7
Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021).
8
Id.
9
Id.

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Analysis to Draft 1
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▪ Legal Resource Center;
▪ General Manager; and
▪ Oneida Business Committee
B. The following groups outside of the Nation were consulted in the drafting of this law and analysis:
▪ Tribal Law and Policy Institute;
▪ National Association of Drug Court Professionals (NADCP);
▪ Wisconsin Department of Corrections; and
▪ Wisconsin Statewide Treatment Court Coordinator.
C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the
drafting of this Law and analysis:
▪ Ho-Chunk Nation Healing to Wellness Court Code;
▪ Cherokee Tribal Drug Court Code of Ordinances;
▪ Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Wellness Court Tribal
Code;
▪ Fort Peck Wellness Court Code;
▪ Penobscot Nation Healing to Wellness Court Program Procedures;
▪ Poarch Band Creek of Indians Healing to Wellness Court Code;
▪ Swinomish Tribal Court Code;
▪ Fort McDowell Yavapai Nation Law and Order Code;
▪ Winnebago Tribal Traditional Wellness Court Code; and
▪ Tlingit and Haida Indian Tribes of Alaska Wellness Court Code.

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SECTION 4. PROCESS
A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).
▪ On October 7, 2020, the Legislative Operating Committee added this Law to its Active
Files List.
▪ On February 16, 2022, the Legislative Operating Committee approved the draft of this law
and directed that a legislative analysis be developed.
▪ On March 16, 2022, the Legislative Operating Committee approved the draft of the
legislative analysis.
B. A group that included members from the departments of the Legislative Reference Office, Legislative
Operating Committee, and the Oneida Business Committee participated in the Tribal Healing to
Wellness Court Planning Initiative (THTWCPI) Training held by the National Association of Drug
Court Professionals (NADCP) through Microsoft Teams on the following dates:
▪ November 18, 2020;
▪ November 19, 2020; and
▪ November 20, 2020.
C. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of this Law:
▪ January 6, 2021: LOC work meeting with the Oneida Police Department, Oneida Judiciary,
General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin
Department of Corrections.

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▪

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January 20, 2021: LOC work meeting Oneida Police Department, Oneida Judiciary,
General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin
Department of Corrections.
January 28, 2021: LOC work meeting.
February 5, 2021: Work meeting with Oneida Judiciary.
March 2, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary,
General Manager, Oneida Behavioral Health, Legal Recourse Center, and Tribal Action
Plan.
March 16, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary,
General Manager, Oneida Behavioral Health, and Legal Recourse Center.
May 18, 2021: Work meeting with Oneida Judiciary, Oneida Behavioral Health, Tribal
Action Plan, Cultural Heritage.
January 19, 2022: LOC work meeting.
January 27, 2022: LOC work meeting with Oneida Police Department, and Oneida
Judiciary.
February 10, 2022: LOC work meeting with Oneida Police Department, and Oneida
Judiciary.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Purpose and Policy. The purpose of this Law is to establish the Nation’s Healing to Wellness Court.
The Court shall offer intensive treatment, case management, and court supervision to individuals who
have committed an offense directly or indirectly related to substance abuse or addiction issues. [8 O.C.
808.1-1]. It is the policy of the Nation to bring together community-healing resources with the Nation’s
justice system to collaborate with partnerships to reduce the risk of substance abuse and criminal
activity related to substance abuse. [8 O.C. 808.1-2].
B. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court.
[8 O.C. 808.4-1]. The Court shall have the authority to issue all orders necessary to ensure the safety,
well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. [8 O.C.
808.4-1(a)]. The Court shall have the power to implement all the duties, responsibilities, and remedies
set out in this Law, including the power to enforce subpoenas and orders of restriction, fines and orders
of restitution, contempt, and other powers as appropriate. [8 O.C. 808.4-1(b)].
C. Jurisdiction. The Healing to Wellness Court shall have jurisdiction over matters related to substance
abuse and addiction and any matters arising under this Law .[8 O.C. 808.4-2].
D. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a
Healing to Wellness Court Team, which shall be comprised of the following individuals:
1. Trial Court Judge;
2. Healing to Wellness Court Coordinator;
3. Oneida Police Department Officer;
4. Representative of Probation;
5. Substance Abuse Treatment Provider;
6. Representative of Oneida culture and heritage; and
7. Any other member to be determines by the Healing to Wellness Court Team. [8 O.C. 808.43(a)].

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The composition of the Healing to Wellness Court Team may be revised as necessary as determined by
the Court. The Court shall provide notification of any revision to the composition of the Healing to
Wellness Court Team to the Oneida Business Committee and General Manager. [8 O.C. 808.4-3(b)].
E. Healing to Wellness Court Procedures. The Court shall establish policies and procedures governing
the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. All
Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited
guests as allowed by HIPAA regulations. [8 O.C. 808.5-3]. The Court shall not be a court of record.
Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team,
including the participant, while the participant is under the jurisdiction of the Court shall not be used
as evidence against the participant in any other proceeding in the Judiciary or any other court in any
other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to
the members of the Healing to Wellness Court Team. [8 O.C. 808.5-7]. However, confidential
information may always be disclosed after the participant has signed a proper consent form, even if it
is protected by Federal confidentiality regulations. The regulations also permit disclosure without a
participant’s consent in several situations, including medical emergencies, program evaluations, and
communications among program staff. [8 O.C. 808.5-7(a)].

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SECTION 6. RELATED LEGISLATION

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A. Related Legislation. The following laws of the Nation are related to this Law:
▪ Judiciary law. The Judiciary law established a Judiciary for the Nation, and provides for the
administration of law, justice, judicial procedures and practices by the Nation as a sovereign
nation by exercising the inherent power to make, execute, apply and enforce its own law, and
to apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.11].
▪ Court Open to the Public. The Judiciary law provides that proceedings of the Trial
Court shall be public and members of the general public may freely attend the same,
except for peacemaking or mediation proceedings or if expressly prohibited by law. [8
O.C. 801.4-4].
1. This Law provides that all Healing to Wellness Court Team hearings shall be
closed to the public except for invited guests as allowed by HIPAA
regulations. [8 O.C. 808.5-3].
▪ Subject Matter Jurisdiction. The Judiciary law provides that Trial Court shall have
subject matter jurisdiction over cases and controversies where laws of the Nation
specifically authorize the Trial Court to exercise jurisdiction.
1. This Law provides that the Healing to Wellness Court shall have jurisdiction
over matters related to substance abuse and addiction and any matters arising
under this law. [8 O.C. 808.4-2].
▪ Internal Operating Procedures. The Judiciary law provides that the Judiciary is
authorized to establish internal operating procedures governing the operation of the
court, as long as the procedures shall not affect substantive rights and shall not conflict
with existing law, the Rules of Procedure, or other rules enacted or approved by the
Oneida Business Committee or Oneida General Tribal Council.

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▪

▪

▪

1. This Law provides that the Court shall establish policies and procedures
governing the operation and implementation of the Healing to Wellness Court
program. [8 O.C. 808.5-1].
Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure
governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a
consistent set of rules governing the process for civil claims, in order to ensure equal and fair
treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8
O.C. 803.1-1, 803.1-2].
▪ This Law provides that the Oneida Judiciary Rules of Civil Procedure shall not apply
in any Court proceedings. [8 O.C. 808.5-6].
Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules
of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida
Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and
promote the development of evidence law, by obtaining the truth and securing a just
determination. [8 O.C. 804.1-1, 804.1-2].
▪ This Law provides that the Oneida Judiciary Rules of Evidence shall not apply in any
Court proceedings. [8 O.C. 808.5-6].
Public Peace Law. The Public Peace law sets forth community standards and expectations
which preserve the peace, harmony, safety, health, and general welfare of individuals who live
within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Public Peace law prohibits a
person from committing a civil infraction involving alcohol, tobacco, and drugs. [3 O.C. 309.44, 309.9]. Upon a finding by the Trial Court that a violation of the Public Peace law has
occurred, the individual may be ordered to participate in counseling or any other program
relevant and available to the Nation. [3 O.C. 309.11-2(c)].
▪ Potentially, a person who violates the Public Peace law may be ordered to participate
in the Nation’s Healing to Wellness Court program is allowed by Court’s policies and
procedures.

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SECTION 7. OTHER CONSIDERATIONS
A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.
a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation
except emergency legislation. [1 O.C. 109.6-1].
i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative
Operating Committee. [1 O.C. 109.6-1].
ii. Fiscal Impact statements may be prepared by any agency who may receive funding if
the legislation is enacted, any agency who may administer a program if the legislation
is enacted, any agency who may have financial information concerning the subject
matter of the legislation, or by the Finance Office, upon request of the Legislative
Operating Committee. [1 O.C. 109.6-1(a) and (b)].
iii. Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation
of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further
clarification on who the Legislative Operating Committee may direct complete a
fiscal impact statement at various stages of the legislative process, as well as
timeframes for completing the fiscal impact statement.
b. Conclusion. The Legislative Operating Committee has not yet requested that a fiscal impact

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statement be developed for this Law.

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Title 8. Judiciary - Chapter 808
Oneida Language

Oneida Translation

HEALING TO WELLNESS COURT
808.1. Purpose and Policy
808.2. Adoption, Amendment, Repeal
808.3. Definitions

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808.4. General
808.5. Healing to Wellness Court Procedures

808.1. Purpose and Policy
808.1-1. Purpose. The purpose of this law is to establish the Nation’s Healing to Wellness Court
to:
(a) offer intensive case management, treatment, and court supervision to individuals who
committed an offense directly or indirectly related to a substance abuse or addiction issue;
(b) provide access to holistic, structured, and phased substance abuse treatment and
rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our
Ways);
(c) create intragovernmental and intergovernmental collaborative teams to interact with
each participant; and
(d) encourage and support each participant in the goal of their recovery to lead lawful
productive lives free of substance abuse and addiction.
808.1-2. Policy. It is the policy of the Nation to bring together community-healing resources with
the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental
partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity
affecting the Nation’s community in an effort to promote life-long substance abuse recovery and
the reintegration of participants into the Oneida community.
808.2. Adoption, Amendment, Repeal
808.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.
808.2-2. 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.
808.2-3. 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.
808.2-4. 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.
808.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
808.3. Definitions
808.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Court” means the Oneida Healing to Wellness Court, which is a division under the
Trial Court that has the designated responsibility to oversee the Healing to Wellness Court
program matters.
(b) “Court of competent jurisdiction” means a federal, state, or tribal court that has
jurisdiction and authority to do a certain act or hear a certain dispute.
8. O.C. 808 – Page 1

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(c) “Healing to Wellness Court program” means a court-supervised evidence-based
treatment program which promotes recover through a coordinated community-based
response for individuals who abuse or are dependent on any controlled substance or
alcohol.
(d) “Intragovernmental” means relating to or conducted within a government.
(e) “Intergovernmental” means relating to or conducted between two (2) or more
governments.
(f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-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.
(g) “Nation” means the Oneida Nation.
(h) “Participant” means an individual who is admitted to the Healing to Wellness Court.
(i) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
808.4. General
808.4-1. Establishment. The Healing to Wellness Court is hereby established as a division of the
Trial Court.
(a) The Court shall have the authority to issue all orders necessary to ensure the safety,
well-being, and rehabilitation of individuals who come within or consent to its jurisdiction.
(b) The Court shall have the power to implement all the duties, responsibilities, and
remedies set out in this law, including the power to enforce subpoenas and orders of
restriction, fines and orders of restitution, contempt, and other powers as appropriate.
808.4-2. Jurisdiction. The Court shall have jurisdiction over matters related to substance abuse
and addiction and any matter arising under this law.
(a) Concurrent Jurisdiction. The Court shall have the authority to collaborate with courts
of competent jurisdiction that exercise concurrent jurisdiction.
(b) The Court may enter into collaborative inter-jurisdictional agreements with other
courts of competent jurisdiction, law enforcement agencies, and other service providers
upon approval by the Oneida Business Committee.
808.4-3. Healing to Wellness Court Team. The Healing to Wellness Court program shall be
administered by a Healing to Wellness Court Team. The Healing to Wellness Court Team is the
group of professionals who are primarily responsible for overseeing the day-to-day operations of
the Healing to Wellness Court program and administering the treatment and supervisory
interventions.
(a) Composition. The Healing to Wellness Court Team shall be comprised of the following
individuals:
(1) Trial Court Judge;
(2) Healing to Wellness Court Coordinator;
(3) Oneida Police Department Officer;
(4) Representative of Probation;
(5) Substance Abuse Treatment Provider;
(6) Representative of Oneida culture and heritage; and
(7) any other member to be determined by the Healing to Wellness Court Team.
(b) Revisions to the Composition of the Healing to Wellness Court Team. The composition
of the Healing to Wellness Court Team may be revised as necessary as determined by the
8. O.C. 808 – Page 2

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Court. The Court shall provide notification of any revision to the composition of the
Healing to Wellness Court Team to the Oneida Business Committee and General Manager.
808.5. Healing to Wellness Court Procedures
808.5-1. Establishment of Policies and Procedures. The Court shall establish policies and
procedures governing the operation and implementation of the Healing to Wellness Court program.
The policies and procedures of the Healing to Wellness Court program shall not affect substantive
rights and shall not conflict with existing law or rules enacted or approved by the Oneida Business
Committee or Oneida General Tribal Council unless otherwise provided for within this law.
808.5-2. Healing to Wellness Court Team meetings and hearings shall proceed pursuant to the
policies and procedures adopted by the Court.
808.5-3. All Healing to Wellness Court Team meetings and hearings shall be closed to the public
except for invited guests as allowed by HIPAA regulations.
808.5-4. The Court is strictly a non-adversarial forum.
808.5-5. The Court judge shall make all findings of facts relevant to each participant's case
pursuant to the policies and procedures adopted by the Court.
808.5-6. Exclusion from the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of
Civil Procedure. The Oneida Judiciary Rules of Evidence as well as the Oneida Judiciary Rules
of Civil Procedure shall not apply in any Court proceedings.
808.5-7. Not a Court of Record. The Court shall not be a court of record. Any information
obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the
participant, while the participant is under the jurisdiction of the Court shall not be used as evidence
against the participant in any other proceeding in the Judiciary or any other court in any other
jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to
the members of the Healing to Wellness Court Team.
(a) Confidential information may always be disclosed after the participant has signed a
proper consent form, even if it is protected by Federal confidentiality regulations. The
regulations also permit disclosure without a participant's consent in several situations,
including medical emergencies, program evaluations and communications among program
staff.
End.
Adopted – BC-__-__-__-__

8. O.C. 808 – Page 3

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

r°'\

ODODDO

ONEIDA

AGENDA REQUEST FORM
l) Request Date: March 21, 2022
_h_ r_is_o_rC _ _ne__sliu
2) Contact Person(s): _C
_________ _
Oneida
Land
Claims
Commission
:
Dept
Email: LCC-CCORN@ONEIDANATION.ORG
Phone Number: 920-713-6422
3) Agenda Title: Oneid a L and Claims C o m m ission Draft Bylaws

4) Detailed description of the item and the reason/justification it is being brought before the LOC:
The Oneida Land Claims Commission (OLCC) began their annual review of their Bylaws when
they resumed meeting in January 2022 an�d revisions they woold like considered
changed to the OLCC Bylaws. The OLCC feel the suggested changes will bring the Bylaws to fit
their current needs and update sections which have been changed due to the COVID pandemic

List any supporting materials included and submitted with the Agenda Request Form
l) Draft re dline OLCC Bylaws
3) ___________
BC
Res
olut
i
on
092
41
4C
2)
4) ___________
5) Please list any laws, policies or resolutions that might be affected:
6) Please list all other departments or person(s) you have brought your concern to:
7) Do you consider this request urgent?

li]Yes

□ No

If yes, please indicate why:
Some changes include changing the meeting start time, so members can participate timely

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:

Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376

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

19 of 32

ONEIDA LAND CLAIMS COMMISSION BYLAWS
Article I. Authority
1-1.
Name.
The name of this entity shall be the Oneida Land Claims Commission and
may hereinafter be referred to as the OLCC.
1-2.

Establishment. The Oneida Land Claims Commission, which evolved from the former
Litigation Committee created by motion of the Oneida Business Committee
on March 21, 1977, was originally established to supervise all activities
involving the New York Land Claims, including post settlement. Reestablished as the OLCC, its purpose was expanded to include developing
strategy and providing direction, as well as recommendation, for litigation,
negotiation and/or settlement to the Oneida Business Committee and
Oneida General Tribal Council, with the New York Land Claims
¥Wisconsin. land claims/other future _land_claims $trike.__.lpon concerned _that New York ______ _ Deleted: as the
established
priority, and ...
Land Claims shld be discussed with GTC vs OBC. Per Dakota there were barriers RE: the -----Deleted: as
the second priority
NY Land Claims & previous members not being able to participate in those discussions.
Per Chris maybe we can add this to a future agenda item.
!__ _______________ ______ __ _ Commented [BMP1 ]: This topic to be added to a future
OLCC meeting agenda. Date yet to be determined

1-3.

Authority.

1-4.

Office.

The OLCC shall inform and educate the membership on the issues
pertaining to Oneida Nation land claims, seek participation of the
membership, and be further responsible for carrying out the following
duties:
(a)
To bring forward concerns and suggestions of the membership regarding
the Nation's land claims to the Oneida Business Committee.
(b)
As part of its advisory procedures, to hold public meetings and undergo
outreach to provide an opportunity for the membership to voice their
concerns and suggestions regarding the Nation's land claims settlement
efforts and to share those concerns/suggestions with the Oneida Business
Committee.
(c)
To study other Indian land claim settlements achieved between tribal, state,
and federal governments and disseminate the information to the
membership and the Oneida Business Committee.
(d)
To manage the budget that the Oneida Business Committee provides to the
OLCC in accordance with governing laws and policies of the Nation.
(e)
To assist the Oneida Business Committee with any land claims arising out
of natural resource issues/disputes as requested by the Oneida Business
Committee.
(t)
To carry out all other powers and/or duties delegated to the OLCC through
any laws, policies, rules and/or resolutions of the Natioq. Don concerned
these bylaws were not drafted with input from attorneys outside of LOCI__ __ ____ _____ ___ ___ ____ _____ __ __ ____ __ Commented [BMP2]: Please provide a response from
LRO.

The official office mailing address of the OLCC shall be:
Oneida Land Claims Commission
P.O. Box 365
Oneida, WI 54155

Page 1 of 11

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Membership.
Number of Members. The Oneida Land Claims Commission shall be
(a)
composed of five (5) members. [Per Chris wondered how the# of members
were establishe~ ... .. . . . . . ............... .. .. .. . ............................... . . . . . .. . .... . ........... . .......... . ... •··· Commented [BMP3]: I did not research the history of
when the OLCC was formed. If LRO has such information,
(b)
Elected. Members of OLCC shall be elected by enrolled members of the
could you please share?
Nation in accordance with the laws and/or policies of the Nation governing
elections.
(!)
Members shall serve three (3) year staggered terms as currently
established.
Members shall hold office until their term expires, they resign, or
(2)
they are removed/terminated or leave and add due to unfo reseen
circum stances from office.
(A)
Although a member's term has expired, he or she shall
remain in office and serve until a successor has been sworn
in by the Oneida Business Committee.
A member may resign at any time verbally at a meeting or
(B)
by delivering written/emailed notice to the Oneida Business
Committee Support Office and/or the OLCC Chairperson or
Chairperson's designee. [How does th is impact Tomas
Escamea's terminatio1~. ................. . .. . ..... . . ..... . ... . .. . ... . ....... . .... . .... . .... . ..... •··· ·· Commented [BMP4]: This information was shared with
the OLCC members at several meetings. The legal opinion
(i)
The resignation is deemed effective upon acceptance
was provided. No changes necessary
by OLCC motion of a member's verbal resignation
1-5.

0

(c)

Vacancies. Vacancies~~ ~~~~~~i~e~Ka~t~t m~J;;sroiiows·:· ···············• · C:::::~>-- -:-:-::-::- :-:-:"-•_w_,i_tt•(1)

------------D_e_le_te_d_: _5:_3o_ _ _ __ _ _ _ _ _ _ _-=The date, time and/or place of the meeting may be reviewed by the OLCC
(a)
from time-to-time and changed as deemed necessary by a majority vote of
the members in attendance at an OLCC meeting of an established quorum
so long as notice is provided to all members in writing and, along with the
public, in accordance with the Nation's Open Records and Open Meetings
law, prior to the implementation of a new date, time and/or location.
All OLCC members shall be provided notice of meeting location, agendas,
(b)
documents, materials and minutes via email communication sent to the
official Oneida Nation email address provided each member to conduct
business electronically on behalf of the Board and, along with the public,
shall further be noticed in accordance with the Nation's Open Records and
Open Meetings law.
The OLCC shall conduct all meetings consistent with Robert's Rules of
(c)
Order.

2-8.

Personnel.

3-2.

Emergency Meetings. An emergency meeting may be called when an issue arises requiring
immediate action of the OLCC that cannot wait until its next regularly
scheduled meeting.
Emergency meetings may be called by the Chairperson or Vice(a)
Chairperson.
The OLCC Secretary shall provide notice of emergency meetings to all
(b)
OLCC members via telephone call, as well as email or text messaging, at
least twenty-four (24) hours before the scheduled meeting and, along with
the public, shall further provide notice in accordance with the Nation's
Open Records and Open Meetings law.
Notice via email communication shall be sent to the official Oneida
(I)
Nation email address that was provided to all members to conduct
business electronically on behalf of the OLCC.
Within seventy-two (72) hours after an emergency meeting, the Board shall
(c)
provide the Nation's Secretary with notice of the emergency meeting, the
reason for the emergency meeting, and an explanation as to why the matter
could not wait until the next regular meeting.

Page 6 of 11

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3-3.

Joint Meetings. !Joint meetings ~_l':_l_'::".(:~_f! _!~-~-Q~QQ_:i_f!9__th(:_9 _f!(:j~:i-~!1_~[1_1_l':_~~-Q9_~~j!!(:_l':_ ______ _ Commented [BMP8]: In accordance with BCC law section

(a)

may be held at the Norbert Hill Center located in Oneida, Wisconsin as
agreed upon between the parties.
Notice of the joint meeting agendas, documents and minutes shall be
provided, and the joint meetings conducted, in accordance with resolution
BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with
the Boards, Committees and Commissions-Definitions and Impact, as may
be amended from time-to-time hereafter.

105-3-1.(k)"Joint Meeting" means a meeting with the
Oneida Business Committee. OLCC may meet with any area
in the organization, however, it won't be considered a Joint
Meeting, nor would there be a stipend paid.

3-4.

A quorum shall consist of at least three (3) members of the OLCC, one (1)
of whom shall include the Chairperson, Vice-Chairperson or Secretary;
provided, the Secretary is the presiding Officer pursuant to section 2-4( e) of
these bylaws.
•
(a)
~fa quorum has not been established within fifteen (15) minutes of the
announced meeting start time, the meeting will be declared dismissed due
to no quorum and documented in the next meeting minutes. [__ _______________________ Commented [BMP9]: Would like language added that
Members may participate in OLCC meetings, with prior approval from the
OLCC may from time to time extend the (15) minutes.
(b)
Chairperson, ,v_[c_:(:~.--D_e_le_te_d_: _o r_ __ __ _ _ _ _ _ _ _- {
video ,conference .. __ ___________ ______ . ____ . ________ ______________________________________ ___ ____ ____ __ _____ ____- Deleted:
(I)
Members authorized to participate in a meeting per section 3-4(b) of
' - - - - - - - - -- - - - - - - - - - - '
these bylaws shall be deemed in attendance for purposes of
establishing a meeting lquorum).__ _______ ___ ___ ____________________ ___ _______ ~:::··· Commented [BMP10] : Ended discussion here. Start with

3-5.

Order ofBusiness. The order of business, as applicable, shall be:

Quorum.

.

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

G)
3-6.

Voting.
(a)
(b)

Call to Order/Roll Call
Opening Prayer
Approval of Agenda
Approval of Minutes
Old Business/Standing Items
New Business
Reports
Executive Session
Open Discussion
Adjournment/Closing Prayer
Decisions of the OLCC shall be by majority vote of the members in
attendance at an OLCC meeting of an established quorum.
The Chairperson, or Officer presiding in his or her absence pursuant to these
bylaws, shall only be allowed to vote in cases of a tie.
E-polls are permissible so long as conducted in accordance with the Boards,
Committees and Commission law.
(I)
The Vice-Chairperson shall serve as the Chairperson's designee for
the responsibility of conducting an e-poll in the Chairperson's
absence or discretion.

Article IV. Expectations
Page 7 of 11

section 3-5 at February 17, 2022 meeting

·--,;-----------------~
Deleted: but shall not be eligible to receive a
stipend for meeting attendance under section 5-1 of
tltese bylaws

26 of 32

4-1.

Behavior of Members. Members of the OLCC are expected to treat each other in
accordance with the Nation's core values of The Good Mind as expressed
by On"yote?a'ka. In addition, OLCC members are expected to:
Attend all OLCC meetings and actively participate.
(a)
A member who has three (3) unexcused meeting absences in one (I)
(1)
calendar year shall be added to an OLCC meeting agenda for
consideration of possible enforcement pursuant to subsection (c) of
this section.
An absence shall be deemed unexcused if a member fails to
(A)
provide an OLCC Officer with p otice __of _his __ or _ her __ .--- · i..__ D_e_le_te_d_: _w_rit_te_n_ _ __ _ _ _ __ _ __,
pending absence at least thirty (30) minutes prior to the
missed meeting.
A member who has accrued eight (8) meeting absences, whether
(2)
excused or unexcused, in one ( 1) calendar year shall be added to an
OLCC meeting agenda for consideration of possible enforcement
pursuant to subsection (c) of this section.
Adhere to this section, as well as every other section, of these bylaws and
(b)
to any governing laws and/or policies of the Nation L_ ______________ _______ ____ _____... Commented [BMP11]: Is this blanket language for
everything?
Enforcement. Any member found to be in violation of this section of these
(c)
bylaws may be subject to the following:
Sanctions and penalties in accordance with any laws or policies of
(1)
the Nation governing sanctions and/or penalties of officials.
If the member was elected, the OLCC's filing ofa petition for his or
(2)
her removal pursuant to the Removal law and/or any other laws or
policies of the Nation governing the removal of elected officials.
If the member was appointed, the OLCC's recommendation to the
(3)
Oneida Business Committee for termination of his or her
appointment pursuant to the Boards, Committees and Commissions
law and/or any other laws or policies of the Nation governing the
termination of appointed officials.
The filing of a petition for removal or recommendation for
(A)
termination shall be decided by a majority vote of the
members in attendance at an OLCC meeting of an
established quorum.

4-2.

Prohibition of Violence. Members are prohibited from committing any intentionally violent
act that inflicts, attempts to inflict, or threatens to inflict emotional or bodily
harm on another person, or damage to personal property.
Along with the possibility of enforcement under section 4-1 of these bylaws,
(a)
members who violate this section shall be ejected from the meeting:

4-3.

Drug and Alcohol Use. The use of alcohol and illegal drugs by members when acting in
their official capacity is prohibited.
Along with the possibility ofenforcement under section 4-1 of these bylaws,
(a)
members who present at meetings or events of the OLCC in violation of this
section shall be ejected from the meeting/event.
Page 8 of 11

27 of 32

4-4.

Social Media. OLCC members shall adhere to the Oneida Nation' s Social Media Policy

(a)

and their oath of office when using social media while acting on behalf of
or as a representative of the OLCC.
Any ~ocial media ~-~~_g_
~_g~-~11_!_( 9_((!~ _11~_ll_!"(:_2!"(:~-~J)_t~t_i}'.(:_9J!h~ _amended from time-to-time hereafter:
·. Commented [BMP1SR14] : This resolution was sent t o
(a)
Two (2) meeting stipends per month, provided that:
the OLCC members along with BC-0B-12-20-C
(1)
A quorum was established;
(2)
The meeting of the established quorum lasted for at least one (1)
hour and
The' member collecting the stipend was ,present __for ___the _. -----(' Deleted:
physically
(3)
- - --'-:....___:
entire meeting.
(b)
A stipend for attending duly called joint meetings between the OLCC and
the Oneida Business Committee, provided that:
(1)
A quorum was established by the OLCC;
(2)
The joint meeting lasted for at least one ( 1) hour; and
(3)
The member collecting the stipend was ,present __for ___ the - -----· {...__D_e_le_te_d_: .,_
pl..:.
1y_si_ca_ll::...
y _ _ _ _ _ _ _ _ _ __
entire joint meeting, including meetings with other areas of the
Nation.
(c)
A stipend for attending a Judiciary hearing so long as the member's
attendance at the hearing was required by official subpoena.
A stipend for attending a conference or training, provided that:
(d)
(1)
The member attended a full day of training or was present at the
conference for a full day; and
(2)
The member's attendance at the lc onferenctj or training was required ______ Commented [BMP16] : Ident ified that a "Retr eat" can fall
by law, bylaws or resolution.
~--... in alignment with a Conference
(e)
·. Commented [BMP17R16]: Shared at the OLCC meeting.
A stipend for attending a lwork/project type meetingj_ ___________ _______________ ___

____________

'~ ,

5-2.

Compensation. Besides travel, per diem and business expense reimbursement authorized

(a)

by the Boards, Committees and Commissions law, members shall not be
eligible for any other form of compensation for duties/activities they
perform on behalfofthe OLCC.
Before submitting to the Oneida Business Committee Support Office for
reimbursement sign-off, members shall submit written reports on accrued
travel, per diem and/or business expenses, in a format approved by the
Page 9 of 11

A change should not be necessary to the Bylaw

\ ,::_· Commented [BMP18]:

Insert alternative language

Commented [BMP19R18]: If a "Retreat'' would fall
under "Conference" then there is no need to insert this
language.

28 of 32

Secretary, to the Secretary no later than ten ( I 0) days from the date of the
activity.

Article VI. Records and Reporting
Agenda Items. Agenda items shall be maintained in a format.as identified .in.section 3-5. of ... •···
6-1.
these ByLaws.

Deleted: developed by the Oneida
Business Committee Support Office

Minutes.

6-2.

Meeting minutes shall be typed and in a consistent format created by the
Oneida Business Committee Support Office to generate the most
informative record of the meeting and shall include, but not be limited to, a
summaty of all action taken by the OLCC during the meeting.
,I~~ .Q~==================--D_e_le_te_d_: a_s_w_e_H_as_ _ __ _ _ _ __ _==<
implementation.
·
Deleted: ifrequired
(c)
At the fir~t regular meeting following an election of Officers, or no less
' - - - -- - ' - - - - -- - - - - - - - '
than annually, a review of the bylaws shall be conducted to determine
whether they are current and adequate.
These By-laws, as amended and revised, are hereby approved by the Oneida Business Committee
at a duly called meeting held on October 23, 2019, by the Secretaiy of the Oneida Business
Committee's signature.

ec
Lisa Summ~
Oneida Business Committee

Page 11 of 11

30 of 32

Oneida Tribe of Indians of Wisconsin

Oneidas bringing several
hundred bags of corn to
Washington' s starving army
at Valley Forge, after the
colonists had consistently
refused to aid them.

UGWA DEMOLUM YATEHE
Because of the help of
this Oneida Chief In
cementing a friendship
between the six nations
and the colony of
Pennsylvania, a new
nation, the United States
was made possble.

BC Resolution 09-24-14-C
Adopting Standards for the Roles and Responslbllities for Oneida Business Committee Liaison Assignments
WHEREAS,

the Oneida General Tribal Council is the duly recognized governing body of the Oneida Tribe of Indians of
Wisconsin; and

WHEREAS,

the General Tribal Council has been delegated the authority of Article IV, Section I of the Oneida Tribal
Constitution; and

WHEREAS,

the Oneida Business Committee may be delegated duties and responsibilities by the Oneida General
Tribal Council and is at all times subject to the review powers of the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee believes that communication between the boards, committees, and
commissions of the Tribe and corporations of the Tribe helps to create a shared understanding of the
vision and strategy of the Oneida Business Committee and the Tribe itself; and

WHEREAS,

the Oneida Business Committee believes that setting standards for liaison responsibilities assists in
setting expectations and reduces misunderstanding between the Oneida Business Committee, liaison,
and the board, committee, commission or corporate entity; and

WHEREAS,

Oneida Business Committees have discussed liaison responsibilities and taken actions at various times,
the earliest documented occurrence Is at the September 29, 1987 meeting of the Oneida Business
Committee; and

WHEREAS,

the most recent discussion of the liaison roles occurred in July of 2011 where the roles and
responsibilities were discussed by the Oneida Business Committee drawing up a list of those
expectations; and

WHEREAS,

the Oneida Business Committee believes that these roles and responsibilities should be formally adopted
by the Oneida Business Committee;

NOW THEREFORE BE IT RESOLVED that the Oneida Business Committee adopts the roles and responsibilities
standards for liaison assignments.
1. Liaisons shall foster open communications and a good working relationship with liaison areas.
2. Liaisons shall maintain and respect confidentiality of information passed from the Oneida Business Committee to
the liaison area and from the liaison area to the Oneida Business Committee.
3. Liaisons shall act as a communication agent and/or act to facilitate the transfer of Information between the entity
and the Oneida Business Committee through communication (phone, e-mail, correspondence, and
presentations), attending liaison area meetings, and scheduling meetings between the liaison and the chairperson
of the liaison area.
4. Liaisons shall present information, concerns, and questions from the Oneida Business Committee to the liaison
area and from the liaison area t.o the Oneida Business Committee In a timely manner in order to allow the greatest
possible opportunity to resolve concerns and address questions by the Oneida Business Committee or liaison
area.
5. Liaisons shall act as the governmental spokesperson for the liaison area at times when government-togovernment communication is required, to provide testimony at public hearings where testimony Is solicited, and
shall be responsible for obtaining Oneida Business Committee approval of all such testimony presented In order
to maintain a consistent Tribal position throughout the Tribe or Indian country as appropriate.
NOW THEREFORE BE IT FURTHER RESOLVED that the Oneida Business Committee directs that liaisons are not
assigned as members of the board, committee, commission or corporate board, and shall take such precautions as to
avoid influencing the actions of the liaison area other than presenting Information. Liaisons may identify where the Oneida

31 of 32

Business Committee has taken action, but shall refrain from expressing an opinion regarding how the Oneida Business
Committee may act.

NOW THEREFORE BE IT FURTHER RESOLVED that liaisons are authorized to participate in executive sessions of the
liaison area, except where prohibited by law, regulation or in common good sense the liaison should be excused from
attending the meeting.
NOW THEREFORE BE IT FINALLT RESOLVED that this resolution supersedes all prior actions.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee
is composed of 9 members of whom 5 members constitute a quorum; 7 members were present at a meeting duly called,
th
noticed and held on the 24 day of September, 2014; that the forgoing resolution was duly adopted at such meeting by a
vote of 6 members for, O members against, and O members not voting; and that said resolution has not been rescinded or
amended in any way.

Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only In the case of a tie."

32 of 32

April 2022

April 2022

May 2022

SuMo TuWe Th Fr Sa

SuMo TuWe Th Fr Sa

1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30

1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

Mar 27

28

29

30

31

Apr 1

2

3

4

5

6

7

8

9

14

15

16

21

22

23

28

29

30

8:30am LOC Prep
(BC_Conf_Roo
m) - Clorissa
N. Santiago
9:00am LOC
Meeting
(BC_Conf_Roo
m) - LOC

10

11

12

13

9:00am
Children's
Code
Amendments
Work Meeting
(Microsoft
Teams
Meeting) -

17

18

19

1:30pm LOC
Work Session
(Microsoft
Teams
Meeting) Clorissa N.
Santiago

20
8:30am LOC Prep
(BC_Conf_Roo
m) - Clorissa
N. Santiago
9:00am LOC
Meeting
(BC_Conf_Roo
m) - LOC

24

25

26

27

2:00pm LOC
Work Session
(Microsoft
Teams
Meeting) Clorissa N.
Santiago

LOC

1

3/31/2022 2:20 PM

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af99a16b4213baf92. Public record. Not legal advice.