Oneida Business Committee (2026)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

May 6, 2026

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. April 15, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Boards, Committees, and Commissions Law Amendments (pg. 4)

2. Ten Day Notice Policy Amendments (pg. 66)

3. Elder Protection Law (pg. 88)

4. Eviction and Termination Law Amendments (pg. 146)

IV.

New Submissions

1. Minors Trust Account General Welfare Assistance Law (pg. 187)

Additions

1. Emergency Amendments to the Real Property Law Rule No. 3 – Easements (pg. 188)

VI.

Administrative Updates

1. E-Poll Results: Approval of the Updated Sanctions and Penalties Law Adoption Packet (pg.

213)

2. E-Poll Results: Approval of the LOC and LRO FY 2026 Semi-Annual Reports for GTC (pg.

261)

3. LOC FY26 Second Quarter Report (pg. 269)

4. LOC Summer Community Meeting Notice (pg. 282)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

GOOODO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

April 15, 2026

9:00 a.m.

Present: Jameson Wilson, Jennifer Webster, Jonas Hill

Excused: Kirby Metoxen

Unexcused: Marlon Skenandore

Others Present: Clorissa Leeman, Lux Leeman, Grace Elliott, Carolyn Salutz, Gina PowlessBuenrostro

Others Present on Microsoft Teams: Sidney White, Michelle Braaten, Maureen Metoxen,

Mistylee Herzog, Isaiah Skenandore, Terri Schiltz, Josh Gerzetich, Taryn Wester, Sylvia Cornelius,

Sarah Miller, Rae Skenandore, Ashley Blaker, Rhiannon Metoxen, Kristal Hill, Tavia JamesCharles, Fawn Cottrell, Peggy Helm-Quest, Melissa Alvarado, Jason Martinez, Carrie Lindsey, Sarah White, Fawn Billie.

Call to Order and Approval of the Agenda

Jameson Wilson called the April 15, 2026, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. March 18, 2026 LOC Meeting Minutes

Motion by Jennifer Webster to approve the March 18, 2026, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried unanimously.

III.

Current Business

1. Budget and Finances Law Amendments.

Motion by Jonas Hill to approve the adoption packet for the proposed amendments to the

Budget and Finances law and forward to the Oneida Business Committee for consideration, seconded by Jennifer Webster. Motion carried unanimously.

(XJQOQO

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Legislative Operating Committee Meeting Minutes of April 15, 2026

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2. Recycling and Solid Waste Disposal Law Amendments.

Motion by Jennifer Webster to approve the adoption packet for the proposed amendments

to the Recycling and Solid Waste Disposal law and forward to the Oneida Business Committee for consideration, seconded by Jonas Hill; motion carried unanimously.

3. Probate Law.

Motion by Jonas Hill to approve the emergency adoption packet for the proposed Probate

law and forward to the Oneida Business Committee for consideration, seconded by Jennifer Webster. Motion carried unanimously.

4. Real Property Law Amendments.

Motion by Jonas Hill to approve the adoption packet for the proposed amendments to the

Real Property law and forward to the Oneida Business Committee for consideration, seconded by Jennifer Webster. Motion carried unanimously.

5. Higher Education Scholarship Law.

Motion by Jennifer Webster to approve the adoption packet for the Higher Education

Scholarship law and forward to the Oneida Business Committee for consideration, seconded by Jonas Hill. Motion carried unanimously.

6. Boards, Committees, and Commissions Law Amendments.

Motion by Jennifer Webster to approve the draft and the legislative analysis for the proposed amendments to the Boards, Committees, and Commissions law; seconded by Jonas

Hill. Motion carried unanimously.

IV.

New Submissions

1. Attendance and Performance Duties for Elected Officials Emergency Amendments.

Motion by Jennifer Webster to deny the request to add the Election law/Removal

law/Code of Ethics/Open Records and Open Meetings Emergency amendments to the

Active Files List, seconded by Jonas Hill. Motion carried unanimously.

Additions

1. Sanctions and Penalties Law.

Motion by Jennifer Webster to approve the updated adoption packet with the addition of

the LOC Chairman signature for the proposed Sanctions and Penalties law and forward to

the Oneida Business Committee for inclusion on an upcoming General Tribal Council

meeting agenda for consideration, seconded by Jonas Hill. Motion carried unanimously.

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 10:09 a.m.; seconded by Jonas Hill. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of April 15, 2026

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

May 6, 2026

Boards, Committees, and Commissions

Law Amendments

Submission Date: 2/7/2024

LOC Sponsor: Kirby Metoxen

Public Meeting: 6/11/2026

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on February 7, 2024. On January 10, 2024,

the Oneida Business Committee adopted a motion to defer the Board, Committees, Commissions

law to the Legislative Operating Committee for a revision of the eligibility on the Board,

Committees, Commissions law for any and all veterans to serve on any and all veteran related

committees and to have open eligibility with no exclusions.

1/10/24 OBC:

Motion by Lawrence Barton to defer the Board, Committees, and Commissions law to

the Legislative Operating Committee for a revision of the eligibility on the Board,

Committees, and Commissions law for any and all veterans to serve on any and all

veterans related committees to have open eligibility with no exclusions, seconded by

Jennifer Webster. Motion carried.

2/7/24 LOC:

Motion by Jennifer Webster to add the Boards, Committees, and Commissions law

amendments to the Active Files List with Kirby Metoxen as the sponsor; seconded by

Jonas Hill. Motion carried unanimously.

2/20/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen Clorissa Leeman,

Grace Elliott, Lisa Summers, Shannon Davis, Kristal Hill, Maureen Perkins, Fawn

Billie. The purpose of this work meeting was for the LOC to review the Boards,

Committees, and Commissions law with the Government Administrative Office and

discuss potential amendments to be made to the law.

10/24/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Clorissa Leeman,

Grace Elliott, Carolyn Salutz, Maureen Perkins, Kristal Hill, Fawn Cottrell. The

purpose of this work meeting was to discuss what topics should be included on the

December 2024 LOC community meeting. Ultimately, the LOC decided to include the

topics of the Marijuana law, Short Term Rental law, and Boards, Committees, and

Commissions law amendments.

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11/6/24 LOC:

Motion by Kirby Metoxen to approve the Legislative Operating Committee community

meeting notice and schedule the community meeting to take place on December 4,

2024; seconded by Marlon Skenandore. Motion carried unanimously.

11/14/24:

Work Meeting. Present: Lisa Summers, Brooke Doxtator, Shannon Davis, Amber

Martinez, Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore, Kristal

Hill, Maureen Perkins, Fawn Cottrell, Fawn Billie, Carolyn Salutz. The purpose of this

work meeting was to start fresh with reviewing this law for amendments, so we started

from the beginning with a line-by-line review. We reviewed the law up to section

105.11. Jenny suggested for the next meeting, we schedule 1.5 hours; we did go over

one hour, and this is a lengthy law.

12/4/24:

Community Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore,

Jennifer Webster, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell.

Maureen Perkins, Kristal Hill. A community meeting was held from 5:30-7:30p.m. in

the cafeteria of the Norbert Hill Center, this law was one of three laws presented for

community input.

2/7/25:

Work Meeting. Present: Mark Powless, Brooke Doxtator, Shannon Davis, Amber

Martinez, Krystal John, Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby

Metoxen, Jennifer Webster, Carolyn Salutz. The purpose of this work meeting was to

finish a line-by-line review of the law, starting where we finished at the last work

meeting. We started at Section 105.11 and were able to finish a line-by-line review of

the entire law.

5/21/25:

Work Meeting. Present: Mark Powless, Brooke Doxtator, Shannon Davis, Amber

Martinez, Krystal John, Lisa Summers, Jameson Wilson, Jonas Hill, Marlon

Skenandore. Kirby Metoxen, Jennifer Webster, Clorissa Leeman, Grace Elliott,

Carolyn Salutz, Kristal Hill, Fawn Cottrell. The purpose of this work meeting was to

continue reviewing for potential amendments by doing another read-through. We did a

line-by-line read through, stopping at section 105.15.

9/12/25:

Work Meeting. Present; Jennifer Webster, Kirby Metoxen, Lisa Summers, Brooke

Doxtator, Shannon Davis, Amber Martinez, Krystal John, Fawn Billie, Fawn Cottrell,

Grace Elliott, Carolyn Salutz. The purpose of this meeting was to continue reviewing

edits. Group did not do a read-through, instead we stopped and discussed specific

sections. Lisa said she and her team were meeting to discuss what we currently have as

section 105.10 Other Responsibilities. Krystal mentioned that I should double check

the draft of Sanctions and Penalties to cross reference penalties for noncompliance.

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10/27/25:

Work Meeting. Present: Lisa Summers, Brooke Doxtator, Rhiannon Metoxen, Kristal

Hill, Fawn Cottrell, Carolyn Salutz. The purpose of this work meeting was to discuss

section 205.10 Other Responsibilities. Lisa Summers wrote suggested language in the

chat. Lisa and Brooke had a few other changes – things we changed during the meeting.

2/3/26:

Work Meeting. Present: Brooke Doxtator, Krystal John, Grace Elliott, Kirby Metoxen,

Jameson Wilson, Jennifer Webster, Jonas Hill, Shannon Davis, Mark Powless. The

purpose of this work meeting was to review the newest amendments; the amendments

now incorporate reference to Standards of Conduct, standards that are currently found

in the Code of Ethics law, but on 1/29/26 the LOC made a policy decision to remove

BCCs from the Code of Ethics law and in response, those behavioral expectations will

need to be found in this law.

2/26/26:

Work Meeting. Present: Brooke Doxtator, Krystal John, Grace Elliott, Kirby Metoxen,

Jameson Wilson, Shannon Davis, Fawn Cottrell, Fawn Billie, Bonnie Pigman. The

purpose of this work meeting was to review the newest amendments. The group spent

majority of the work meeting discussing enforcement.

3/13/26:

Work Meeting. Present: Brooke Doxtator, Shannon Davis, Kirby Metoxen, Jennifer

Webster, Jonas Hill, Grace Elliott, Carolyn Salutz. LOC members present approved

amendments.

3/18/26 LOC:

Motion by Jennifer Webster to accept the draft and direct a legislative analysis be

completed, seconded by Kirby Metoxen; motion carried unanimously.

4/15/26 LOC:

Motion by Jennifer Webster to approve the draft and the legislative analysis, seconded

by Jonas Hill; motion carried unanimously.

Next Steps:

▪ Accept the public meeting packet and schedule a public meeting to be held on June 11,

2026, with a public comment period held open until June 18, 2026.

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

ONEIDA

ONEIDA NATION PUBLIC MEETING NOTICE

JUNE 11, 2026, 12:15 pm

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Find Public Mee ng 7Materials

Oneida-nsn.gov/government/register/public mee ngs

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidana on.org

Ask Ques ons here

LOC@oneidana on.org

920-869-4417

BOARDS, COMMITTEES, and COMMISSIONS LAW AMENDMENTS

The purpose of the Boards, Committees, and Commissions law is to govern boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of individuals to boards, committees, and commissions, creation of

bylaws, maintenance of official records, compensation, to establish clear standards of conduct, and other items related to boards, committees, and commissions.

The Boards, Committees, and Commissions law amendments will:

Clarify it is the purpose of the amendments to establish clear standards of conduct.

Strengthen, clarify, and add definitions for Conflict of Interest, fiscal year, letter, member, political appointee, and Secretary.

Clarify the responsibilities of the Boards, Committees, Commissions Department, including: responsibilities once managed by the Business Committee Support

Office; and managing offboarding procedures for when a member leaves an entity.

Clarify when a member’s term ends, the member may remain in their position until the successor is sworn in but no longer than sixty (60) business days. This

helps prevent discontinuation of services but by setting a sixty-day (60) deadline also reinforces appropriate turnover.

Clarify all entities must be in compliance with the Nation’s travel policies.

Clarify all entities may hold virtual meetings pursuant to any requirements established by the Oneida Business Committee and pursuant to any additional requirements established by the entity.

Clarify that every appointed and elected member will receive an official Oneida Nation email address.

Clarify how the Nation will manage actual or implied conflicts of interest including the creation and maintenance of annual and as-needed disclosure forms.

Clarify which positions may not be eligible to serve on an appointed or elected board because of the potential for an actual or implied conflict of interest.

Various grammatical changes and other minor changes throughout the law.

Clarify it is the policy of the Nation that appointed and elected individuals serving on a board, committee, or commission of the Nation carry themselves in a way

that brings honor to the Oneida people and government.

Clarify the Oneida Business Committee or designee shall be responsible for drafting the initial bylaws and the Oneida Business Committee will approve the initial

bylaws.

Clarify all entities must address conflict resolution and leaves of absence in their bylaws.

Clarify all entities must include a procedure for withholding a member’s stipend in their bylaws.

Clarify that rather than the requirement to submit quarterly reports to the Oneida Business Committee, all entities will be required to submit at least two reports

each fiscal year to the Oneida Business Committee.

Clarify standards of conduct such as: good mind; cultural accountability; several instances of prohibited conduct; attendance and meeting conduct; nepotism; gifts

and honorarium; and fair dealing and impartiality.

Add a requirement that all members shall submit disclosure forms annually and within a reasonable time after a conflict arises or becomes known.

Clarify all entities may develop an internal conflict of interest mitigation plan for eligible conflicts in consultation with the Oneida Law Office, the Nation’s Human Resources Department, and other departments of the Nation as needed.

Clarify that members have an ongoing duty to disclose and shall promptly disclose and comply with the requirements of a conflict of interest mitigation plan.

Clarify enforcement provisions.

Include appeal rights; if applicable, a member shall have the right to appeal an enforcement action pursuant to the requirements and procedures regarding appeals

of the law under which the member received a sanction or penalty.

PUBLIC COMMENT PERIOD CLOSES JUNE 18, 2026.

Individuals may attend the public meeting for the proposed Boards, Committees, and Commissions law amendments in person at the

Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please

contact LOC@oneidanation.org.

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.

For more information on the proposed Boards, Committees, and Commissions law amendments please review

the public meeting packet at oneida-nsn.gov/government/register/public meetings.

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BOARDS, COMMITTEES, AND COMMISSIONS

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation or

Amendments

▪

Clarify it is the purpose of the amendments to establish clear standards of

conduct. [1 O.C. 105.1-1].

Clarify it is the policy of the Nation that appointed and elected individuals

serving on a board, committee, or commission of the Nation carry themselves

in a way that brings honor to the Oneida people and government. [1 O.C

105.1-2].

Strengthen, clarify, and add definitions for Conflict of Interest, fiscal year,

letter, member, political appointee, and Secretary. [1 O.C. 105.3-1(h); (l); (n);

(o); (r); (t)].

Clarify the Oneida Business Committee or designee shall be responsible for

drafting the initial bylaws and the Oneida Business Committee will approve

the initial bylaws. [1 O.C 105.4-3; 105.4-4].

Clarify the responsibilities of the Boards, Committees, Commissions

Department, including:

▪ responsibilities once managed by the Business Committee Support Office;

and

▪ managing offboarding procedures for when a member leaves an entity. [1

O.C. 105.10-2].

Clarify when a member’s term ends, the member may remain in their position

until the successor is sworn in but no longer than sixty (60) business days.

This helps prevent discontinuation of services but by setting a sixty-day (60)

deadline also reinforces appropriate turnover. [1 O.C. 105.6-2(a)(1)].

Clarify all entities must be in compliance with the Nation’s travel policies. [1

O.C. 105.11-3(7)].

Clarify all entities must address conflict resolution and leaves of absence in

their bylaws. [1 O.C. 105.11-3(d)(6)-(7)].

Clarify all entities must include a procedure for withholding a member’s

stipend in their bylaws. [1 O.C. 105.11-3(e)].

Clarify that rather than the requirement to submit quarterly reports to the

Oneida Business Committee, all entities will be required to submit at least two

reports each fiscal year to the Oneida Business Committee. [1 O.C. 105.13-3].

Clarify all entities may hold virtual meetings pursuant to any requirements

established by the Oneida Business Committee and pursuant to any additional

requirements established by the entity. [1 O.C. 105.14-8].

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▪

Clarify that every appointed and elected member will receive an official

Oneida Nation email address. [1 O.C. 105.15].

Clarify standards of conduct such as:

▪ good mind;

▪ cultural accountability;

▪ several instances of prohibited conduct;

▪ attendance and meeting conduct;

▪ nepotism;

▪ gifts and honorarium; and

▪ fair dealing and impartiality. [1 O.C. 105.16].

Clarify how the Nation will manage actual or implied conflicts of interest

including the creation and maintenance of annual and as-needed disclosure

forms. [1 O.C. 105.16-8(a)].

Add a requirement that all members shall submit disclosure forms annually

and within a reasonable time after a conflict arises or becomes known. [1 O.C

105.16-8(a)(3)].

Clarify all entities may develop an internal conflict of interest mitigation plan

for eligible conflicts in consultation with the Oneida Law Office, the Nation’s

Human Resources Department, and other departments of the Nation as

needed. [1 O.C. 105.16-8(b)(1)].

Clarify which positions may not be eligible to serve on an appointed or

elected board because of the potential for an actual or implied conflict of

interest. [1 O.C. 105.16-8(c)].

Clarify that members have an ongoing duty to disclose and shall promptly

disclose and comply with the requirements of a conflict of interest mitigation

plan. [1 O.C. 105.16-8(d)].

Clarify enforcement provisions. [1 O.C. 105.19].

Include appeal rights; if applicable, a member shall have the right to appeal an

enforcement action pursuant to the requirements and procedures regarding

appeals of the law under which the member received a sanction or penalty. [1

O.C. 105.19-4].

Various grammatical changes and other minor changes throughout the law.

Purpose

It is the purpose of this law to govern boards, committees, and commissions of the

Nation, including the procedures regarding the appointment and election of

individuals to boards, committees and commissions, creation of bylaws,

maintenance of official records, compensation, to establish clear standards of

conduct, and other items related to boards, committees, and commissions. [1 O.C.

105.1-1].

Affected Entities

All Boards, Committees, and Commissions of the Nation, the Boards, Committees,

and Commissions Department, the Governmental Administrative Office, the

Oneida Business Committee.

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Analysis to Draft 8

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Enforcement

Any appointed member of an entity found to be in violation of this law may be

subject to termination of appointment by the Oneida Business Committee, loss of

stipend, or any other penalty identified in the entity’s bylaws. [1 O.C. 105.19-1].

Any elected member of an entity found to be in violation of this law may be

subject to loss of stipend or any other sanction or penalty in accordance with any

laws or policies of the Nation governing sanctions and penalties, removal pursuant

to any laws or policies of the Nation governing removal, or any other penalty

identified by the entity in their bylaws. [1 O.C. 105.19-2].

Enforcement provisions are also found in various subsections throughout the

entire law, such as:

▪

Due Process

The requirement that all entities address in their bylaws the reasons for

termination and removal of a member, if any, in addition to those identified in

laws or policies of the Nation. [1 O.C. 105.11-3(6)].

The requirement that all entities address in their bylaws behavioral

expectations and requirements for members and how the entity will enforce

those expectations and requirements. [1 O.C. 105.11(3)(d)].

The requirement that all entities shall address in their bylaws a procedure for

withholding a member’s stipend. [1 O.C. 105.11-3(e)(1)].

If an entity fails to comply with the reporting requirements of this law, the

Oneida Business Committee may place a hold on the release of a stipend

payment. [1 O.C. 105.13-5].

Once the Boards, Committees, Commissions Department has certified all

applications for appointed positions, delivered the applications to the Oneida

Business Committee, and the Oneida Business Committee has held a full and

complete discussion of the merits and qualifications of the potential applicants and

any recommendation made by the Chairperson of the entity during executive

session, the Oneida Business Committee shall select an applicant for appointment.

[1 O.C. 105.7-1].

All appointments shall be made during open session of the Oneida Business

Committee. [1 O.C. 105.7-1(d)-(e)].

Once an individual is selected for appointment at an Oneida Business Committee

meeting, the Secretary shall notify all applicants of the final status of their

application. [1 O.C. 105.7-2].

All elected positions shall be nominated at a caucus called by the Oneida Election

Board or by applying for ballot placement in accordance with the Nation’s laws or

policies governing elections. [1 O.C. 105.8]. All other processes for the election of

a member of an entity shall be pursuant to the Nation’s laws or policies governing

elections. [1 O.C. 105.8-2].

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If applicable, a member shall have the right to appeal an enforcement action

pursuant to the requirements and procedures regarding appeals of the law under

which the member received a sanction or penalty. [1 O.C. 105.19-4].

Public Meeting

A public meeting will be scheduled to be held on June 11, 2026, with a public

comment period held open until June 18, 2026.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Boards, Committees, and Commissions Law was originally adopted by the Oneida

Business Committee on August 2, 1995, through resolution BC-08-02-95-A. The law was subsequently

amended by the Oneida Business Committee on May 14, 1997, through resolution BC-05-14-97-F. The

law was emergency amended by the Oneida Business Committee on April 12, 2006, through resolution

BC-04-12-06-JJ. The emergency amendments were then permanently adopted by the Oneida Business

Committee on September 27, 2006, through resolution BC-09-27-06-E. The law was then amended by

the Oneida Business Committee on September 22, 2010, through resolution BC-09-22-10-C and on

September 26, 2018, through resolution BC-09-26-18-C. The law was emergency amended by the

Oneida Business Committee on March 11, 2020, through resolution BC-03-11-20-B and on March 17,

2020, through resolution BC-03-17-20-C. The law was most recently amended by the Oneida Business

Committee on August 12, 2020, through resolution BC-08-12-20-B.

B. Request for Amendments. This item was added to the Active Files List on February 7, 2024, at the

request of the Oneida Business Committee to address the eligibility of veterans to serve on any and all

veteran related committees and to have open eligibility requirements with no exclusions. The sponsor

of the Boards, Committees, Commissions law amendments is Councilman Kirby Metoxen.

SECTION 3. CONSULTATION AND OUTREACH

▪

•

Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ Oneida Boards, Committees, Commissions Department (“BCC Department”);

▪ Oneida Government Administrative Office (“GAO”);

▪ Oneida Law Office; and

▪ CEO of Nation Services.

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

▪ Code of Ethics law [1 O.C. 103];

▪ Conflict of Interest [2 O.C. 217];

▪ Removal Law [1 O.C. 104];

▪ Sanctions and Penalties [1 O.C. 120]; and

▪ Election Law [1 O.C. 102].

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SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On February 7, 2024, the Legislative Operating Committee added this Law to its Active Files

List for amendments this legislative term.

▪ On March 18, 2026, the Legislative Operating Committee approved the draft of the Boards,

Committees, and Commissions Law Amendments and directed the Legislative Reference

Office to complete a Legislative Analysis.

▪ On April 15, 2026, the Legislative Operating Committee approved the draft and Legislative

Analysis to the proposed amendments to the Boards, Committees, and Commissions law.

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

regarding the development of the amendments to this law:

▪ February 20, 2024: LOC work meeting with GAO.

▪ October 24, 2024: LOC work meeting.

▪ February 7, 2025: LOC work meeting with the BCC Department, GAO, the Oneida Law

Office, and the CEO of Nation Services.

▪ May 21, 2025: LOC work meeting with the BCC Department, GAO, the Oneida Law Office,

and the CEO of Nation Services.

▪ September 12, 2025: LOC work meeting with the BCC Department, GAO, and the Oneida

Law Office.

▪ October 27, 2025: LOC work meeting with the BCC Department and GAO.

▪ February 3, 2026: LOC work meeting with the BCC Department, GAO, the Oneida Law

Office, and the CEO of Nation Services.

▪ February 26, 2026: LOC work meeting with the BCC Department, GAO, and the Oneida Law

Office.

▪ March 13, 2026: LOC work meeting with the BCC Department when the LOC informally

approved the draft.

C. At the time this legislative analysis was developed the following community event had been held

regarding the development of amendments to this law:

▪ December 4, 2024: Community Meeting. The Legislative Operating Committee held

a community meeting in the cafeteria of the Norbert Hill Center to gather input from

the community on amendments to the Boards, Committees, and Commissions law.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Application of the Law. Overall, the proposed amendments improve the governance of

boards, committees, and commissions of the Nation by enhancing the procedural requirements of

boards, committees, and commissions to conduct business, manage internal operations, and manage

members. [1 O.C 105.1-1; 1 O.C. 105.10; 1 O.C 105.11; 1 O.C. 105.13; 1 O.C. 105.16].

▪ Effect. The proposed amendments establish clear standards of conduct for appointed and

elected members and clear standards for the reporting, internal maintenance and management

of each board, committee, or commission of the Nation which enhances the Nation’s ability to

self-govern through the use of its boards, committees, and commissions.

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Analysis to Draft 8

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B. Enhancing Policy. The proposed amendments expand the policy section of this law by making it the

policy of the Nation to ensure appointed and elected members reflect the values of the Good Mind. [1

O.C. 105.1-2].

▪ Effect. By expanding the policy section to make it a policy of the Nation that appointed and

elected members of all entities carry themselves in a way that brings honor to the Oneida people

and government, walk with integrity, and uphold the highest standards of ethical conduct as

elaborated through principles of the Good Mind, the proposed amendments strengthen the

Nation’s ability to ethically and efficiently self-govern through the use of its boards,

committees, and commissions and according to its traditional ways.

C. Transition from Business Committee Support Office to BCC Department. The proposed amendments

clarify the BCC Department, not the Oneida Business Committee Support Office, will be responsible

for all administrative responsibilities related to the posting and processing of applications, vacancies,

and resignations, managing oaths of office, offboarding procedures, managing official budgetary signoff for all entities, managing minutes and Standard Operating Procedures, managing records and

materials relating to the dissolution of an entity, and providing notice to an appointed member if their

stipend is withheld. [1 O.C. 105.5; 1 O.C. 105.6; 1 O.C. 105.7; 1 O.C. 105.9; 1 O.C. 105.10-2; 1 O.C.

105.11-3(b); 1 O.C. 105.11-3(f); 1 O.C 105.13; 1 O.C. 105.18; 1 O.C. 105.19].

▪ Effect. The proposed amendments clarify the responsibilities of the BCC Department which is

the correct Department of the Nation to assist in managing all entities of the Nation.

D. Onboarding and Offboarding Procedures. The proposed amendments require all members to

complete both onboarding and offboarding procedures. [1 O.C. 105.10]. The proposed amendments

standardize the expectations of all members before they begin official duties and at the conclusion of

their official duties. [Id].

▪ Effect. The proposed amendments clarify the requirements of all new members to complete

before they begin official duties and the requirements when a member leaves an entity which

will ensure consistency and appropriate turnover, reinforcing the ability of the Nation to selfgovern through the use of its boards, committee, and commissions.

E. Bylaws. The proposed amendments clarify various provisions of the requirement for all entities to have

bylaws that conform to the requirements of the law. [1 O.C. 105.11].

▪ All entities shall address travel for training and conferences and shall be in compliance with

the Nation’s travel policies. [105.11-3].

▪ All entities shall address Conflict Resolution and Leave of Absences. [1 O.C. 105.11-3(d)].

▪ All entities shall include a procedure to withhold a member’s stipend if that member does not

meet the requirements, as established in the entity’s bylaws, to collect a stipend. [1 O.C.

105.11-3(e)].

▪ Effect. The proposed amendments clarify and strengthen each entity’s ability to establish its

own processes and procedures for self-governance in its bylaws which ultimately enhances the

Nation’s ability to self-govern through the use of its boards, committees, and commissions.

F. Reporting Requirements. The proposed amendments clarify the reporting of meeting minutes and

standard operating procedures will be made to the BCC Department. [1 O.C. 105.13-2; 1 O.C. 105.132]. The proposed amendments further clarify that rather than the requirement to submit quarterly reports

to the Oneida Business Committee, each entity will now be required to submit two reports each fiscal

year. [1 O.C. 105.13-3].

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Effect. The proposed amendments clarify which Department will assist all entities in filing

meeting minutes and standard operating procedures and by reducing the frequency of required

reporting will ensure each report reflects substantive accomplishments and goals.

G. Virtual Meetings. The proposed amendments clarify all entities may hold virtual meetings if the entity

complies with any requirements established by the Oneida Business Committee and any additional

requirements established by the entity. [1 O.C. 105.14-8]. The proposed amendments also include four

minimum requirements for virtual meetings. [1 O.C. 105.14-8(a)-(d)].

▪ Effect. The proposed amendment clarifies all entities may hold virtual meetings subject to some

conditions. The proposed amendment allows all entities to continue operations despite any

unforeseen circumstances which may require virtual meetings.

H. Oneida Email Address. The proposed amendments include a new section addressing the creation, use,

and management of an official Oneida Nation email address for each member of an entity. [1 O.C.

105.15].

▪ Effect. The proposed amendment clarifies the Nation’s responsibility to create an official

Oneida Nation email address and requires all members to use the official Oneida Nation email

address to conduct any business of the entity. The proposed amendments clarify both the

Nation’s responsibility to create and the Nation’s and all members’ responsibility to use and

maintain an official Oneida Nation email address.

I. Standards of Conduct. The proposed amendments include a new section addressing various standards

of conduct. [1 O.C. 105.16]. The new standards include:

▪ good mind;

▪ cultural accountability;

▪ several instances of prohibited conduct;

▪ attendance and meeting conduct;

▪ nepotism;

▪ gifts and honorarium;

▪ fair dealing and impartiality; and

▪ accountability and transparency. [1 O.C. 105.16-1; 1 O.C. 105.16-2; 1 O.C. 105.16-3; 1 O.C.

105.16-4; 1 O.C. 105.16-5; 1 O.C. 105.16-6; 1 O.C. 105.16-9; 1 O.C. 105.16-10].

▪ The proposed amendments also clarify the requirement to maintain confidentiality. [1 O.C

105.16-7].

▪ Effect. The proposed amendments strengthen, clarify, and standardize the Nation’s

expectations regarding all appointed and elected members of its boards, committees, and

commissions.

J. Conflict of Interest. The proposed amendments clarify the duty to disclose conflicts of interest, the

creation and maintenance of conflict of interest disclosure forms, the development of a conflict of

interest mitigation plan, and identifies which individuals may be ineligible to serve on an entity of the

Nation. [1 O.C. 105.16-8].

▪ Effect. The proposed amendments strengthen the Nation’s ability to manage conflict of interest

and to protect its interests from any actual or implied or future conflict of interest.

K. Enforcement. The proposed amendments clarify the enforcement for all appointed and elected

members found to be in violation of the law. [1 O.C. 105.19]. The proposed amendments distinguish

appointed and elected members and any enforcement actions that may apply to an appointed member

versus an elected member. [1 O.C. 105.19-1; 1 O.C. 105.19-2].

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Effect. The proposed amendments clarify enforcement mechanisms against any appointed or

elected member found to be in violation of the law; thereby, enhancing the Nation’s ability to

self-govern by ensuring its appointed and elected members are accountable and can receive

enforcement actions if they are found to be in violation of the law.

L. Other amendments. Overall, a variety of other amendments and revisions were made to the law to

address formatting, drafting style, and organization that did not affect the substance of the law.

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A. Related legislation. The following laws of the Nation are related to the proposed amendments to this

law:

▪ Code of Ethics Law. The Code of Ethics law is currently being amended.

▪ Currently, “[i]t is the policy of the Oneida Tribe of Indians of Wisconsin to

promote the highest ethical conduct in all of its elected and appointed officials,

and employees. This Code of Ethics represents a beginning, it is the very

minimum standard of conduct which is expected. This Code is intended to create

a base from which all persons are expected to work upwards and strive to work

toward improving the health, safety and welfare of the Oneida Nation, citizens of

the Nation, employees of the Tribe, and persons living in and around the

jurisdiction of the Oneida Tribe of Indians of Wisconsin.” [1 O.C. 103.1-1].

▪ In the proposed amendments, the purpose of the law will be “to establish clear

standards of conduct rooted in the values of the Oneida people, to guide the

Oneida Business Committee in serving the Nation with honor and responsibility.

These standards reflect the sacred trust between the government and the people,

and are intended to promote integrity, uphold the will of the Nation, and preserve

the confidence of the Oneida people. In a government founded upon the consent

of the people, it is the right of the Oneida to expect loyalty, honesty, and

accountability from those who serve.” [1 O.C. 103.1-1].

▪ The proposed amendments to the Code of Ethics law remove its application to

appointed and elected members and because of this amendment most Standards

of Conduct that were once addressed in the Code of Ethics have been moved to

the proposed amendments to the Boards, Committees, and Commissions law as

applicable to appointed and elected members. [1 O.C. 105.16].

▪ The proposed amendments align with the proposed amendments to the Code of

Ethics law by streamlining the Nation’s ability to monitor and establish standards

regarding the behavior of its appointed and elected members.

▪ Conflict of Interest Law. The Conflict of Interest law is currently being amended.

▪ Currently, “[t]he purpose of this law is for the Nation to ensure that all employees,

contractors, elected officials, officers, political appointees, appointed and elected

members and all others who may have access to information or materials that are

confidential or may be used by competitors of the Nation’s enterprises or interests

be subject to specific limitations to which such information and materials may be

used in order to protect the interests of the Nation.” [2 O.C. 217.1-1].

▪ In the proposed amendments, the amended purpose of the law will remove

elected officials and appointed and elected members and only be for the purpose

▪

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▪

of ensuring all employees, contractors, political appointees, and all others who

may have access to information or materials that are confidential or may be used

by competitors of the Nation’s enterprises or interests be subject to specific

limitations to which such information and materials may be used in order to

protect the interests of the Nation.” [Id].

▪ The proposed amendments change the application of the conflict of interest law

and remove the coverage of appointed and elected members. [2 O.C. 217.4-1].

▪ While appointed and elected members are being removed from the Conflict of

Interest law, the provisions regarding conflicts of interest in the Boards,

Committees, and Commissions law are being strengthened. [1 O.C. 105.16-8].

▪ The proposed amendments align with proposed amendments to the Conflict of

Interest law by streamlining the Nation’s ability to monitor and enforce conflict

of interests. The proposed amendments to this law strengthen the Nation’s ability

to monitor conflict of interest as applicable solely to members of boards,

committees, and commissions.

Removal Law. The purpose of the Removal law is to govern the removal of persons elected to

serve on boards, committees, and commissions of the Oneida Nation. [1 O.C. 104.1-1].

▪ The Removal law contains various grounds for removal including:

▪ failure to attend four (4) regularly scheduled meetings without a written

explanation;

▪ failure to attend fifty percent (50%) of an entity’s regular scheduled

meetings within a twelve (12) month period for any reason provided that

this subsection shall not apply to the Oneida Business Committee;

▪ intentional misuse of Tribal funds;

▪ alcohol use while performing official responsibilities or use of illegal

drugs at any time;

▪ if he or she no longer meets the qualifications for office;

▪ violating a Tribal law which specifies removal as a penalty; or

▪ felony conviction while in office. [1O.C. 104.4].

▪ The Removal law contains a procedure for removing an appointed or elected

member. [1 O.C. 104.5; 1 O.C. 104.6; 1 O.C. 104.7; 1 O.C. 104.8].

▪ The proposed amendments to the Boards, Committees, and Commissions law

align with the Removal law by deferring to its standards and procedures for the

removal of an elected member and allowing any elected member found to be in

violation of the Boards, Committees, and Commissions law to potentially face

removal according to the standards of the Removal Law.

Sanctions and Penalties Law. There is no currently adopted Sanctions and Penalties Law. To

complete this legislative analysis, the proposed law was reviewed. Most recently, on April 15,

2026, the Oneida Business Committee approved a draft to send to the General Tribal Council

for consideration. The Oneida Business Committee also attempted to gain General Tribal

Council approval of the draft on January 5, 2026, when the Oneida Business Committee

presented the approved draft to the General Tribal Council for adoption. The General Tribal

Council did not vote to adopt the law; therefore, the Oneida Business Committee has again

approved a draft and will again present that draft to the General Tribal Council for approval

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and adoption. The Legislative Operating Committee and the Oneida Business Committee

plan to continue addressing the adoption of a Sanction and Penalties law with the General

Tribal Council; therefore, amendments to the Boards, Committees, and Commissions law

keep reference to a Sanction and Penalties Law, and in preparing this legislative analysis the

proposed draft was reviewed and considered.

▪ The purpose of a Sanctions and Penalties law would be to address the misconduct

and promote accountability and improved performance of the official, to

establish a consistent set of sanctions and penalties that may be imposed upon

elected officials of the Nation for misconduct in office in order to provide an

opportunity for the official to take corrective action. [1 O.C. 120.1-1].

▪ Rather than include a new section on sanction and penalties in the Boards,

Committees, Commissions law, it is the Legislative Operating Committee’s and

the Oneida Business Committee’s belief that addressing sanctions and penalties

in one law is in the best interests of the Nation and will provide the Nation a

standardized process and procedure to hold accountable all individuals who are

appointed or elected; thereby enhancing the Nation’s self-governance.

Election Law. It is the intent of the Election law to govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses and

nominations. [1 O.C. 102.1-1].

▪ The election law contains the requirements to conduct elections of the Nation

including the election for elected members of boards, committees, or

commissions. [1 O.C. [1]02.6; 102.9].

▪ The proposed amendments to the Boards, Committees, and Commissions law

align with the Election law by citing to its requirements and requiring all

elections for elected members of a board, committee, or commission align with

its requirements.

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A. Amendments to the Boards, Committees, Commissions law enhance the enforcement mechanisms

required of each board, committee, or commission to include in their bylaws. [1 O. C 105.11].

B. Amendments to the Boards, Committees, Commissions law clarify the reporting requirements of each

board, committee, or commission to submit at least two reports, rather than quarterly reports, to the

Oneida Business Committee. [1 O.C. 105.13-3].

C. Amendments to the Boards, Committees, and Commissions law enhance the behavioral expectations of

appointed and elected members by adding a new section regarding Standards of Conduct. [I O.C.

105.16].

D. Amendments to the Boards, Committees, Commissions law clarify enforcement provisions relating to

the activity and functioning of a board, committee, or commission, and the conduct of individual

members by strengthening the provisions of the enforcement section. [1 O.C. 105.19].

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SECTION 8. OTHER CONSIDERATIONS

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A. 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 BC-

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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.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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Title 1. Government and Finances – Chapter 105

Laotiyanlsh&ha k<tyohkway<=t&=se>

Their laws of the groups we have

BOARDS, COMMITTEES, AND COMMISSIONS

105.1. Purpose and Policy

105.2. Adoption, Amendment, Repeal

105.3. Definitions

105.4. Creation of an Entity

105.5. Applications

105.6. Vacancies

105.7. Appointment to an Entity

105.8. Election to an Entity

105.9. Oath of Office

105.10. Other Responsibilities

105.11. Bylaws

105.121 Electronic Polling

105.132. Reporting Requirements

105.143. Stipends, Reimbursement and Compensation

105.154. Official Oneida Nation Email Address

105.16. Standards of Conduct

Confidential Information

105.15. Conflicts of Interest

105.176. Use of the Nation’s Assets

105.187. Dissolution of an Entity

105.198. Enforcement

______________________________________________________________________________

105.1. Purpose and Policy

105.1-1. Purpose. It is the purpose of this law to govern boards, committees, and commissions of

the Nation, including the procedures regarding the appointment and election of individuals

persons to boards, committees, and commissions, creation of bylaws, maintenance of official

records, compensation, to establish clear standards of conduct, and other items related to boards,

committees, and commissions.

(a) This law shall not apply to the Oneida Business Committee, or standing committees

of the Oneida Business Committee.

(b) This law does not apply to Tribal corporations due to the corporate structure and

autonomy of those entities.

105.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for

choosing and appointing or electing the most qualified individuals persons to boards,

committees, and commissions, for creation of bylaws governing boards, committees, and

commissions, and for the maintenance of information created by, and for, boards, committees,

and commissions.

(a) It is further the policy of the Nation that appointed and elected individuals serving on

a board, committee, or commission of the Nation carry themselves in a way that brings

honor to the Oneida people and government. They shall walk with integrity, follow the

laws of the Nation, and uphold the highest standards of ethical conduct in all their duties.

All appointed and elected individuals shall strive to exhibit and uphold the Nation’s core

values of The Good Mind as expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our

future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

1 O.C. 105 – Page 1

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105.2. Adoption, Amendment, Repeal

105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F

and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, BC-09-26-18-C, and BC-08-1220-B, and BC-__-___-___-__.

105.2-2. This law may be amended or repealed by the Oneida Business Committee or the

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

105.2-3. 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.

105.2-4. 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.

105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

105.3. Definitions

105.3-1. 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) "Application" means the form by which a person seeks to be appointed to fill a

vacancy on an entity.

(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an

entity by the Oneida Business Committee.

(d) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays recognized by the Nation.

(ed) “Bylaws” means a document which provides a framework for the operation and

management of a board, committee, or commission of the Nation chiefly for the

government of its members and the regulation of its affairs.

(fe) “Conference” means any training, seminar, meeting, or other assembly of individuals

persons which is not an assembly of the entity.

(gf) “Confidential information” means all information or data, whether printed, written,

or oral, concerning business or customers of the Nation, disclosed to, acquired by, or

generated by a member of an entity in confidence at any time during their appointed or

elected elected or appointed term or during their employment.

(hg) “Conflict of interest” means any financial, personal, or political interest, actual or

implied real or apparent, whether it be personal, financial, political, or otherwise,= in

which an appointed or elected member or any member of their immediate family official,

officer, political appointee, employee, contractor, or appointed or elected member, or

their immediate family members, friends or associates, or any other person with whom

they havecontact,hasve that conflicts with any right of the Nation to property,

information, or any other right to own and operate activities free from undisclosed

competition or other violation of such rights of the Nation or to any transaction between

the Nation and an outside party. In addition, conflict of interest also means any financial

or familial interest an elected official, officer, political appointee, employee, contractor,

or appointed or elected member or their immediate family members may have in any

transaction between the Nation and an outside party.

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(ih) “Direct report” means a position which requires direct contact and supervision by the

Oneida Business Committee because of the position, the duties, or the services provided.

Direct reports shall be identified by the Oneida Business Committee through resolution.

(ji) "Entity" means a board, committee or commission created by the General Tribal

Council or the Oneida Business Committee whose members are appointed by the Oneida

Business Committee or elected by the Nation’s membership.

(kj) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all

officials members of an entity, in order to seek a response which identifies a vote in favor

of, opposing, or abstaining to an issue requiring approval by the entity.

(lk) “Fiscal year” means the one (1) year period each year from October 1st to September

30th.

(m) “Joint meeting” means a meeting with the Oneida Business Committee.

(nl) “Letter” means a written or printed message addressed to a specific person or

organization; for the purposes of this law, a letter can be on paper or sent electronically.

(o) “Member” means all individuals who are appointed or elected to serve on a board,

committee, or commission created by the Oneida Business Committee or the Oneida

General Tribal Council.

(p) “Nation” means the Oneida Nation.

(qm) “Per dDiem” means the payment made by the Nation to offset the costs of being on

travel on behalf of the Oneida Nation.

(n) “Political appointee” means a person appointed by a member of the Oneida Business

Committee to provide assistance with the Oneida Business Committee member’s daily

activities and operations.

(ro) “Political appointee” means a person who assists an elected member of the Oneida

Business Committee in their daily activities and operations.

(s) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. This also includes prescription medication or over-the-counter medicine

used in an unauthorized or unlawful manner.

(p) (t) “Secretary” means the person elected and serving as the Nation’s Secretary; an

officer position of the Oneida Business Committee.

(u) “Stipend” means the amount paid by the Oneida Nation to a person serving on a

board, committee, or commission of the Nation in order to compensate the individual for

his or hertheir contribution of time, effort, and work for his or hertheir board, committee,

or commission for the betterment of the Nation.

(vq) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all

members of the entity; which is designated one (1) or more specific responsibilities on

behalf of the entity.

(wr) “Substantiated complaint” means a complaint or allegation in a complaint that was

found to be valid by clear and convincing evidence.

(xs) "Task Force or Ad Hoc" means a group of individuals persons gathered to pursue a

single goal, the accomplishment of which means the disbanding of the group. The goal is

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generally accomplished in a short time period, i.e. less than one year, but the goal itself

may be long term.

(yt) "Vacancy" means any position on any board, committee, or commission caused by

resignation, end of term, removal, termination, or creation of a new position.

105.4. Creation of an Entity

105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida

Business Committee or General Tribal Council.

105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all

powers and responsibilities delegated to the entity.

105.4-3. The Oneida Business Committee or designee shall be responsible for drafting the initial

bylaws of the entity.

105.4-4. The Oneida Business Committee shall be responsible for approving drafting the initial

bylaws of the entity.

105.5. Applications

105.5-1. The BCC Department Oneida Business Committee shall approve all applications to

serve on an entity of the Nation. All application materials shall be available in the Business

Committee Support Office any location identified by, or in the offices of, the BCC Department

and any other location specified by the Business Committee Support Office.

(a) All applications shall include:

(1) a statement explaining the attendance reporting requirements of section

105.132-3; and

(2) a section regarding disclosures of conflicts of interest.

(b) An additional application form shall be required for those entities that require a

background investigation. This background investigation application shall include the

applicant’s social security number and any other information required for a background

investigation. The background investigation application shall be solely used for the

background investigation and not included in the application materials that are then

shared with the Oneida Business Committee, entity, and/or the Election Board.

105.5-2. Applications shall be filed with the Business Committee Support OfficeBCC

Department by 4:30 p.m. of the deadline date.

105.5-3. Within eight (8) business days after the posted deadline for filing applications, the

Business Committee Support OfficeBCC Department shall notify all individuals persons who

have filed an application of the date his or her their application was received and if his or hertheir

application met the deadline to be considered for the election or appointment.

105.5-4. Applications for elected positions shall be verified according to the Nation’s laws,

bylaws, and/or policies governing elections. Applications for appointed positions shall be

verified by the Business Committee Support OfficeBCC Department as needed or as required in

the bylaws of the entity.

105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants

after the deadline date has passed for appointed positions, the Business Committee Support

OfficeBCC Department may repost. for an additional time period.

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(a) If the number of applicants is equal to or less than the number of vacancies then it

shall be determined to be an insufficient number of applicants.

(b) The Business Committee Support OfficeBCC Department shall notify the Oneida

Business Committee if a position will be reposted. for an additional time period.

within the deadline period.

(d) The Oneida Business Committee may elect to consider include late applicants. within

the pool of appointed persons late applications.

The manner by which an individual fills a vacancy, either through election or appointment, shall

determine that member’s status as an appointed or official, despite the entity’s classification as an

appointed or elected entity pursuant to the entity’s bylaws.

105.6. Vacancies

105.6-1. The manner by which an individual fills a vacancy, either through appointment or

election, or appointment, shall determine that member’s status as an appointed or elected official,

despite the entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.

105.6-2. A position on an entity shall be considered vacant in the following situations:

(a) End of Term. A vacancy is effective as of 4:30 p.m. of the last day of the month in

which the term ends.

(1) Although a position is considered vacant once the term ends, the member of

the entity may remain in office until the member’s successor has been sworn in by

the Oneida Business Committee, provided that the position may not be held by the

predecessor for longer than sixty (60) business days, in an effort to prevent a

discontinuation of business or a loss of quorum for the entity.

(b) Removal. Removal is effective, pursuant to any law and/or policy of the Nation

regarding removal.

majority vote of the Oneida Business Committee in favor of a member’s termination of

appointment.

(d) Resignation. A resignation is effective upon:

(1) Ddeliverance of a letter to the Business Committee Support OfficeBCC

Department and to the Chairperson of the entity, or designee; or

(2) Aacceptance by motion of the entity of a verbal resignation; and

(3) certification and acceptance by the Secretary.

(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.

105.6-3. An entity shall notify the Business Committee Support OfficeBCC Department as soon

as the entity learns that a position has or will become vacant. All notices of vacancy shall be sent

to the entities for clarification or confirmation prior to notification to the Oneida Business

Committee.

105.6-4. The Business Committee Support OfficeBCC Department shall forward the notice of

vacancy to the Secretary. The Secretary shall request and receive approval from the Oneida

Business Committee to post the notice of vacancy. The Business Committee Support OfficeBCC

Department shall post notice of vacancies at the following times:

(a) End of Term. Automatically sixty (60) days prior to completion of the term.

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(b) Removal. No later than the next Oneida Business Committee meeting following the

effective date of the removal.

the Business Committee Support OfficeBCC Department’s receipt of notice of an

effective resignation from the entity.

(d) New Positions. Upon one of the following conditions:

(1) if not specified, immediately upon the creation of an entity or the adoption of

bylaws, whichever is later, or

(2) upon the date specified when creating the entity.

(e) Termination of appointment. No later than the next Oneida Business Committee

meeting following the effective date of the termination.

105.6-5. Notice of vacancies shall be posted by the Business Committee Support OfficeBCC

Department in all official media outlets of the Nation, as determined by the Oneida Business

Committee, as well as any other location deemed appropriate by the Secretary.

105.7. Appointment to an Entity

105.7-1. Appointment Selection. The following procedures shall be used to determine how the

applicant for an appointed position is selected:

(a) Within eight (8) business days after the posted deadline for submitting an application,

or within twenty-one (21) business days of the posted deadline if the entity requires a

background investigation to be completed as part of the application process, the Business

Committee Support OfficeBCC Department shall:

(1) deliver all applications, along with a summary of qualifications to hold office,

and the results of the background investigation if required, to each member of the

Oneida Business Committee as well as the entity’s Chairperson; and

(2) place the appointment for the entity on the next executive session portion of

the agenda of a regular or special Oneida Business Committee meeting in which

the appointment is intended to be made; or

(3) if delays in compiling the applications, summary of qualifications, or results of

any investigations exist, request additional time from the Oneida Business

Committee to complete requirements of section 105.7-1(a)(1)-(2).

(b) Each member of the Oneida Business Committee shall review the application

materials prior to executive session and be prepared to discuss and select an applicant for

appointment.

(1) The entity’s Chairperson may review the application materials and submit a

recommendation to the Business Committee Support OfficeBCC Department to

include in the application materials to be reviewed by a recommendation to the

Oneida Business Committee. of an applicant for appointment.

(A) The recommendation shall be submitted to the Business Committee

Support OfficeBCC Department in accordance with the submission

deadlines for the Oneida Business Committee meeting in which the

appointment is intended to be made.

merits and qualifications of the potential applicants, and any recommendations made by

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the Chairperson of the entity, during executive session. After completing a thorough

discussion, the Oneida Business Committee shall:

(1) select an applicant for appointment;, or

(2) ask the Oneida Nation’s Secretary to re-notice the vacancy because of

ineligible, unqualified, or under qualified applicants.

(d) All appointments shall be made by the Oneida Business Committee during the open

session of a regular or special Oneida Business Committee meeting. The Oneida Business

Committee shall not appoint an applicant who fails to meet the requirements set out in the

entity's bylaws.

(e) During the open session of the regular or special Oneida Business Committee

meeting, a member of the Oneida Business Committee may make a motion to appoint an

individual. Oneida Business Committee members may:

(1) accept the selected applicant and vote to appoint the individual to the vacant

position;, or

(2) reject the selected applicant and vote to oppose the appointment. of the

individual.

(f) If the Oneida Business Committee rejects the selected applicant, the matter will be

deferred to the next Oneida Business Committee meeting where another applicant may be

recommended by the Oneida Business Committee, or the Oneida Business Committee

may direct the vacancy to be re-posted. When a vacancy is re-posted under this section,

all applications from the first posting shall be considered to have been filed within the

deadline period.

105.7-2. Notification of Appointment. Once an individual is selected for appointment at an

Oneida Business Committee meeting, the Nation’s Secretary shall notify all applicants of the

final status of their application.

(a) The Nation’s Chairperson shall forward a list of all applicants to the Nation’s

Secretary and the final decision regarding the selection after the procedures for selection

of an applicant described in section 105.7-1 are completed.

(ab) The Nation’s Secretary shall include on the notice to the applicant selected for

appointment the following paragraph: “The Oneida Nation reports all income paid by the

Oneida Nation in whatever form. The Internal Revenue Service of the United States

considers stipends paid to members of boards, committees, and commissions to be

income which may be offset by expenses related to that income. You will receive an

income report which is also forwarded to the Internal Revenue Service, it is also your

responsibility to keep documentation of expenses related to this income.”

105.7-3. Declination of Appointment. An individual who has been selected for appointment to an

entity by the Oneida Business Committee may decline the appointment.

(a) An individual may decline an appointment to an entity in the following ways:

(1) delivery of a letter to the BCC Department stating that the individual wishes to

decline the appointment to the Business Committee Support Office; or

(2) failure to take the oath of office within thirty (30) days or within two (2)

regularly scheduled Oneida Business Committee meetings of being selected for

appointment by the Oneida Business Committee.

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(b) The Business Committee Support OfficeBCC Department shall notify the Oneida

Business Committee if an individual declines an appointment to an entity. The Oneida

Business Committee shall then use the original pool of applications for the vacancy

posting and the process outlined in section 105.7-1 to select another applicant for

appointment.

105.7-4. Termination of Appointment. An appointed member of an entity serves at the discretion

of the Oneida Business Committee. Upon the recommendation of a member of the Oneida

Business Committee or the entity, a member of an appointed entity may have his or hertheir

appointment terminated by the Oneida Business Committee.

(a) A two-thirds majority vote of the Oneida Business Committee shall be required in

order to terminate the appointment of an individual.

(b) The Oneida Business Committee’s decision to terminate an appointment is final and

not subject to appeal.

105.8. Election to an Entity

105.8-1. All elected positions shall be nominated at a caucus called by the Oneida Election

Board, or apply for ballot placement, in accordance with the Nation’s laws and/or policies

governing elections, except where an entity’s bylaws allow for a vacancy to be filled by

appointment.

(a) When the Election Board notifies an applicant or nominee that they are he or she is

eligible to be placed on the ballot, the following paragraph shall be included: “The

Oneida Nation reports all income paid by the Nation in whatever form. The Internal

Revenue Service of the United States considers stipends paid to members of boards,

committees, and commissions to be income which may be offset by expenses related to

that income. You will receive an income report which is also forwarded to the Internal

Revenue Service, it is also your responsibility to keep documentation of expenses related

to this income.”

105.8-2. All other processes for the election of a member of an entity shall be pursuant to as

directed by the Nation’s laws and/or policies governing elections.

105.9. Oath of Office

105.9-1. All appointed and elected positions are official upon taking an oath during a regular or

special Oneida Business Committee meeting, or at an alternative time and location as determined

by the Secretary. All rights and delegated authorities of membership in the entity shall vest upon

taking the oath. The Nation’s Secretary shall notify the chosen individuals persons when they

shall appear for taking the oath.

(a) When taking an oath, the appointed or elected member shall appear in person to take

his or hertheir oath, except if granted permission by the Secretary to appear through video

conferencing, or through other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a

quorum of Oneida Business Committee members shall be present to witness the oath.

105.9-2. The Oneida Business Committee shall approve wording of oaths. Any revisions of oaths

shall be approved by the Oneida Business Committee prior to usage. Oaths shall be kept on file

by the Business Committee Support OfficeBCC Department.

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105.9-3. Originals of the signed oath, or electronic copies of the originals of the signed oath,

shall be maintained by the Business Committee Support OfficeBCC Department. Copies of the

oath shall be forwarded to the new member of the entity and the entity.

105.9-4. The following oath is the standard oath to be used unless a specific oath for the entity is

pre-approved by the Oneida Business Committee: “I, [name], hereby promise to uphold the laws

and regulations of the Oneida Nation, the General Tribal Council, and the Oneida Nation

Constitution. I will perform my duties to the best of my ability and on behalf of the Oneida

people with honor, respect, dignity, and sincerity and will strictly maintain confidential

information. I will carry out the duties and responsibilities as a member of the [entity name], and

all recommendations shall be made in the best interest of the Oneida Nation as a whole.”

105.9-5. All oaths shall be sufficient to make the appointed or elected member of an entity aware

of their duty to the Nation and as members of the entity.

105.10. Other Responsibilities

105.10-1. Onboarding. Before a new member begins performing their duties and in addition to

taking the oath of office, the new member must complete the entity’s onboarding requirements in

accordance with an approved standard operating procedure. This procedure shall include, but is

not limited to the following:

(a) Conflict of Interest.

(b) Confidentiality Agreement.

(1) Regarding the Nation and the State of the Nation, in general. Such training

may include, but will not be limited to, the Nation’s Economic Impact Statement,

organizational chart, and government goals and vision.

(2) Regarding the training required by the specific entity’s bylaws.

(3) Regarding human resources as determined by the Nation’s Human Resources

Department to the extent that entity directly supervises employees of the Nation.

105.10-2. Offboarding. When a member leaves an entity that member and the BCC Department

or the Government Administrative Office shall be responsible for ensuring the member

completes offboarding in accordance with an approved standard operating procedure. The

offboarding procedure may include, but is not limited to:

(a) Transition of assigned duties and responsibilities.

(b) Return of equipment.

(d) Exit interview or survey.

105.110. Bylaws

105.110-1. All entities of the Nation shall have bylaws that conform to the requirements of this

law. Bylaws shall become effective upon approval of the Oneida Business Committee, unless

where General Tribal Council approval is additionally required.

(a) All existing entities shall comply with this format and present bylaws for adoption

within a reasonable time after creation of the entity, or within a reasonable time after

adoption or amendment of this law.

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(b) Bylaws shall contain at least the minimum information required by law, although

more information is not prohibited.

have bylaws. However, these entities shall have, at minimum, mission or goal statements

for completion of the task.

105.110-2. Articles. Bylaws shall contain, at a minimum, the following Articles:

(a) Article I. Authority.

(b) Article II. Officers.

(d) Article IV. Expectations.

(e) Article V. Stipends and Compensation.

(f) Article VI. Records and Reporting.

(g) Article VII. Amendments.

105.110-3. Sections. Articles shall be divided into the following

--"sSections" as set out.

(a) "Article I. Authority" shall consist of the following:

(1) Name. The full name of the entity shall be stated, along with any short name

that will be officially used.

(2) Establishment. This section shall state the citation and name, if any, of the

creation document.

(3) Authority. This section shall state the purpose for which the entity was created

and what, if any, authority the entity is delegated.

(4) Office. There shall be listed the official office or post box of the entity.

(5) Membership. The following information shall be in this section:

(A) Nnumber of members on the entity;

(B) Iif members on the entity are appointed or elected or appointed, and

how a member is appointed or elected or appointed;

(D) Qqualifications for membership on the entity.

(i) In order to qualify for membership on an entity, a person shall

meet the minimum age requirements set forth for status as a

qualified voter of the Nation, unless a law, policy, or directive sets

forth a minimum age requirement.

(6) Termination or Removal. This section shall identify causes for termination or

removal, if any, in addition to those already identified in laws and/or policies of

the Nation.

(7) Trainings and Conferences. This section shall address travel for training and

conferences. Travel for training and conferences is allowable in accordance with

the Nation’s travel policies. All entities shall be in compliance with the Nation’s

travel policies. describe any trainings and/or conferences that the entity deems

necessary for members to responsibly serve the entity, if any.

(b) "Article II. Officers" shall consist of the following:

(1) Chairperson and Vice-Chairperson. This section creates the cChairperson and

vVice-cChairperson positions of the entity. Other officer positions may also be

created here.

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(2) Responsibilities of the Chairperson. Because of the importance of this

position, all duties and responsibilities of the cChairperson, as well as limitations

of the cChairperson shall be specifically listed here.

(3) Responsibilities of the Vice-Chairperson. Because of the importance of this

position, all duties and responsibilities of the vVice-cChairperson, as well as

limitations of the vVice-cChairperson shall be specifically listed here.

(4) Responsibilities of Additional Officers. There may be additional sections as

needed for every officer position created in subsection one (1) above. These

sections shall state all duties and responsibilities of the officer, as well as any

limitations of the officer.

(5) Selection of Officers. This section shall identify how a member of the entity

shall be selected for an official officer position in the entity.

(6) Purchases and Travel. This section shall identify how the entity shall approve

purchases or travel on behalf of the entity.

(A) An entity shall follow the Nation’s policies and procedures regarding

purchasing and sign-off authority.

(B) Upon formal approval of a purchase by an entity, the Business

Committee Support OfficeBCC Department shall have official budgetary

sign off authority for the entity.

entity by majority vote at a regular or emergency meeting of the entity.

(7) Personnel. This section shall state the entity’s authority for hiring personnel, if

any, and the duties of such personnel.

(1) Regular meetings. This section shall identify when and where regular

meetings shall be held, and how the entity shall provide notice of the meeting

agenda, documents, and minutes.

(2) Emergency meetings. This section shall identify what constitutes an

emergency meeting, how emergency meetings shall be called, and how the entity

shall provide notice of the emergency meeting.

(A) All bylaws shall include a provision requiring that within seventy-two

(72) hours after an emergency meeting, the entity shall provide the

Nation’s Secretary with notice of the meeting, the reason for the

emergency meeting, and an explanation of why the matter could not wait

for a regular meeting.

(3) Joint Meetings. This section shall identify if joint meetings shall be held, the

frequency and location of joint meetings, and how the entity shall provide notice

of the meeting agenda, documents, and minutes.

(4) Quorum. This section shall identify how many members of an entity create a

quorum.

(5) Order of Business. This section sets out how the agenda will be set up.

(6) Voting. This section shall identify voting requirements, such as, but not limited

to:

(A) the percentages that shall be needed to pass different items;

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(B) if, and when, the cChairperson is allowed to vote;

(D) if the use of and e-poll is permissible, who will serve as the

Chairperson’s designee for the responsibility of conducting an e-poll, if a

designee is utilized.

(d) “Article IV. Expectations” shall consist of the following information:

(1) Behavior of Members. This section shall identify the behavioral expectations

and requirements of a member of the entity required by this law and any

additional expectations and requirements specific to the entity, and identify how

the entity shall enforce these behavioral expectations.

(2) Prohibition of Violence. This section shall prohibit any violent, intentional act

committed by a member of the entity that inflicts, attempts to inflict, or threatens

to inflict emotional or bodily harm on another person, or damage to property, and

set forth any further expectations regarding the prohibition of violence.

(3) Drug and Alcohol Use. This section shall prohibit the use of alcohol and

prohibited drugs for a member of an entity when acting in their official capacity,

and set forth any further expectations regarding the use of prohibited drugs and

alcohol.

(4) Social Media. This section shall identify expectations for the use of social

media regarding in regards to official business of the entity.

(5) Conflict of Interest. This section shall state any standards and expectations

additional to those required by this law of the Nation regarding in regards to

conflicts of interest and how they are handled, as well as requirements related to

prohibited activities resulting from disclosed conflicts of interest, and means by

which a party can alleviate or mitigate the conflict of interest.

(6) Conflict Resolution. This section shall address how the entity will handle

conflict resolution. At a minimum, the entity’s procedures and requirements for

conflict resolution shall conform to any policy of the Nation’s Human Resources

Department.

(7) Leave of Absence. This section shall address leave of absence, at a minimum,

as it is allowed to employees of the Nation pursuant to policies of the Nation’s

Human Resources Department.

(e) “Article V. Stipends and Compensation” shall consist of the following information:

(1) Stipends. This section shall include a comprehensive list of all stipends

members are eligible to receive and the requirements for collecting each stipend,

if any, in addition to those contained in this law. This section shall also include the

procedure to withhold a member’s stipend if a member does not meet the

identified requirements needed to collect each stipend.

(2) Compensation. This section shall include details regarding all other forms of

compensation members are eligible to receive and the requirements for collecting

such compensation, if any, in addition to those contained in this law.

(f) "Article VI. Records and Reporting" shall consist of the following information:

(1) Agenda Items. Agenda items shall be maintained in a consistent format as

identified by this section.

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(2) Minutes. Minutes shall be typed and in a consistent format designed to

generate the most informative record of the meetings of the entity. This may

include a summary of action taken by the entity. This section shall identify the

format for minutes, and a reasonable timeframe by which minutes shall be

submitted to the Business Committee Support OfficeBCC Department.

(3) Attachments. Handouts, reports, memoranda, or other relevant documents and

the like may be attached to the minutes and agenda, or may be kept separately,

provided that all materials can be identified to the meeting in which they were

presented. This section shall identify how records of attachments shall be kept.

(4) Oneida Business Committee Liaison. Entities shall regularly communicate

with the Oneida Business Committee member who is their designated liaison.

This section shall identify a format and frequency for communication which may

be as the liaison and entity agree to, but not less than that required in any law or

policy on reporting developed by the Oneida Business Committee or Oneida

General Tribal Council. The purpose of the liaison shall act relationship is to

uphold the ability of the liaison to act as a support to that entity.

(5) Audio Recordings. An entity shall audio record all meetings. This section shall

state how the entity shall audio record meetings, and how the entity shall maintain

the audio records.

(A) Exception. Audio recordings of executive session portions of a

meeting shall not be required.

(g) "Article VII. Amendments" consists of:

(1) Amendments to Bylaws. This section shall describe how amendments to the

bylaws are made. Any amendments to bylaws shall conform to the requirements

of this law and any other policy of the Nation. Amendments to bylaws shall be

approved by the Oneida Business Committee, in addition to the General Tribal

Council when applicable, prior to implementation.

105.121. Electronic Polling

105.121-1. An entity may utilize an e-poll when approval of an action may be required before the

next available meeting agenda of the entity.

105.121-2. Conducting an E-Poll. The Chairperson of the entity, or designee, shall e-mail the epoll to all members of the entity. Requests for an e-poll shall be sent only from an official e-mail

address of the entity. The e-poll’s message shall include the following information:

(a) The e-mail subject line shall begin with “E-poll Request:” and include a short title

describing the purpose of the request.

(b) The body of the e-poll shall contain the following elements:

(a1) An executivea summary of the reason for the request and why the request cannot be

presented at the next available meeting of the entity; and

(2) A proposed motion which shall be in bold and identified in a separate

paragraph by the words “Requested Action;”

(3) All attachments in *.pdf format, which are necessary to understand the request

being made; and

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(b4) a deadline date for a response. to be returned regarding the results of the electronic

poll which shall be in bold and identified in a separate paragraph by the words “Deadline

for Response.”

(1A) E-poll requests shall be open for response not less than one (1) hour and no

more than twenty-four (24) hours.

(2B) The Chairperson of the entity, or designee, is responsible for creating a time

frame for responses shall be determined by the Secretary of the entity, or

designee, based on urgency, scheduling, and any other pertinent factors.

105.121-3. Response to an E-Poll. Only the member of an entity shall respond to an e-poll. A

response from a member of an entity shall be valid if received from an official e-mail address of

the entity. No responses from unknown e-mails or personal e-mails shall be accepted. An e-poll

request shall receive responses from a majority of members of the entity in order to be an official

vote.

(a) E-polls that receive at least a majority of supporting votes by the deadline are

considered to be approved.

(b) E-polls for which insufficient responses were received by the deadline are considered

to have failed to receive support, and result in a denied request.

available meeting.

(d) The Chairperson, or designee, shall monitor all responses and deadline dates for

responses.

105.121-4. Entering an E-Poll in the Record. Both approved and denied e-poll requests shall be

placed on the next meeting agenda of the entity to be entered into the record. The agenda item

shall contain the following information:

(a) Original e-poll request and all supporting documentation;

(b) A summary of the e-poll results identifying each member of the entity and his or

hertheir response; and

vote.

105.132. Reporting Requirements

105.132-1. Minutes. All minutes shall be submitted to the Business Committee Support

OfficeBCC Department within a reasonable time after approval by the entity, as identified in the

entity’s bylaws.

(a) Actions taken by an entity are valid upon approval of the action by vote, unless the

bylaws of the entity otherwise require minutes to be approved by the entity before the

actions are valid.

(b) Minutes shall be filed according to this section, and any specific directions within

approved bylaws.

minutes submitted by an entity unless specifically required by the bylaws of that entity.

105.132-2. Standard Operating Procedures. All standard operating procedures established by an

entity shall be submitted to the Business Committee Support OfficeBCC Department, where they

shall be kept on file.

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-Reports to the Oneida Business Committee. Every fiscal year eEntities

105.132-3.

Quarterly

shall provide quarterly at least two reports to the Oneida Business Committee in accordance with

the quarterly reporting schedule approved by the Oneida Business Committee. All quarterly The

reports shall be approved by official entity action before they are submitted. The quarterly

reports shall not contain any information that conflicts with any law, resolution, or policy of the

Nation. At least one (1) member of the entity shall attend the Oneida Business Committee

meeting where the quarterly report is an agenda item. Quarterly rReports shall follow a format

prescribed by the Oneida Business Committee and contain the following information:

(a) Contact Information. The name of the entity, the member submitting the report, the

Oneida Business Committee liaison; and a list of the members and their titles, term

expiration dates, and contact information.

(b) Meetings. When and how often the entity is holding meetings and whether any

emergency meetings have been held.

(1) If emergency meetings were held, the report shall indicate the basis of the

emergency for each meeting.

quarter, including any special events held during the reporting period and any travel by

the members and/or staff.

(d) Goals. Details of both the entity’s long-term goals, the entity’s goals for the next

quarterreporting period, and projected quarterly activities during the next reporting

period.

(e) Budget. The amount of the entity’s budget, the status of the budget at that quarter, the

amount of each stipend a member may be eligible to receive, how the budget is being

utilized by the entity, and projected budgetary uses for the next quarterreporting period.

(f) Requests. Details of any requests to the Oneida Business Committee.

(g) Other. And any other information deemed appropriate by the entity, as well as any

other information required by a law or policy of the Nation.

105.132-4. Annual and Semi-Annual Reports to the General Tribal Council. Entities shall

provide annual reports to the Oneida General Tribal Council based on their activities during the

previous fiscal year, and semi-annual reports based on their activities during the current fiscal

year. All annual and semi-annual reports shall follow a format prescribed by the Oneida Business

Committee.

(a) Annual and semi-annual reports shall contain information on the number of

substantiated complaints against all members of the entity.

(b) Each entity with oversight of a department shall also submit annual and semi-annual

reports for each department the entity oversees.

105.132-5. Any failure to comply with the reporting requirements may result in the Oneida

Business Committee placing a hold on the release of a stipend payment.

105.143. Stipends, Reimbursement and Compensation

105.143-1. Stipends and reimbursement for expenses shall follow the procedures as set out in

this section and according to procedures for payment as set out by the Nation, unless otherwise

declined by the entity through its bylaws, or declined by a member.

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105.143-2. The Oneida Business Committee shall set stipend amounts by resolution. The Oneida

Business Committee shall periodically review the amounts provided for stipends and, based on

the availability of funds, shall adjust those amounts accordingly by amending the resolution.

Stipends are paid in the form of cash or cash equivalent, which may include, but is not limited to,

gift cards.

105.143-3. Meeting Stipends. A member of an entity shall only receive a meeting stipend for a

regular or emergency meeting where a quorum has been established in accordance with the duly

adopted bylaws of that entity, that lasts for at least one (1) hour, and the member collecting the

stipend is present for the entire meeting. Meetings can occur in person, by telephone, through

videoconferencing, or through other telecommunications.

(a) Meeting Stipends for an Appointed Entity. An individual serving on an appointed

entity shall be paid no more than twelve (12) meeting stipends per fiscal year.

(b) Meeting Stipends for an Elected Entity. An individual serving on an elected entity

shall be paid no more than twenty-four (24) meeting stipends per fiscal year.

of its members during a meeting by taking roll call on the record at both the beginning

and conclusion of a meeting.

(d) Technological Issues Affecting Presence During a Meeting. If a member of an entity

experiences a technological issue during a regular or emergency meeting held by

telephone, through videoconferencing, or through other telecommunications, and the

technological issue disrupts the member’s presence during the meeting, the member shall

notify the entity of the technological issue as soon as possible.

(1) An exemption to the stipend eligibility requirement to be present for the entire

meeting may be granted if the entity certifies by a majority vote that the member

was present for a majority of the meeting despite the technological issue which

disrupted the member’s presence during the meeting.

105.143-4. Joint Meeting Stipends. A member of an entity shall only receive a stipend for a joint

meeting where a quorum has been established in accordance with the duly adopted bylaws of

that entity, that lasts for at least one (1) hour, and the member collecting the stipend is present for

the entire meeting. Joint meetings can occur in person, by telephone, through videoconferencing,

or through other telecommunications.

(a) An individual shall receive a stipend for his or hertheir attendance at a duly called

joint meeting.

(1) A joint meeting stipend does not count towards the limitation on meeting

stipends as provided for in section 105.13-3(a)-(b).

(b) Demonstrating Presence During a Joint Meeting. An entity shall demonstrate the

presence of its members during a joint meeting by taking roll call on the record at both

the beginning and conclusion of a joint meeting.

entity experiences a technological issue during a joint meeting held by telephone, through

videoconferencing, or through other telecommunications, and the technological issue

disrupts the member’s presence during the joint meeting, the member shall notify the

entity of the technological issue as soon as possible.

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(1) An exemption to the stipend eligibility requirement to be present for the entire

joint meeting may be granted if the entity certifies by a majority vote that the

member was present for a majority of the joint meeting despite the technological

issue which disrupted the member’s presence during the joint meeting.

105.143-5. Oneida Judiciary Hearings. A member of an entity shall receive a Judiciary hearing

stipend if the member’s attendance at the Judiciary hearing is required by official subpoena.

105.143-6. Hearings of an Entity. A member of an entity that maintains hearing authority may

obtain onea hearing stipend for conducting a hearings administered by the entity. A hearing

consists of all functions related to the resolution of the matter notwithstanding the amount of

time it takes to resolve the matter, including, but not limited to, any continuations of the hearing

and decision drafting. A member may receive additional stipends for any continuation if a

continuation is necessary to resolve the matter.

105.143-7. Other Stipends. The Oneida Business Committee shall determine if, and when, any

other stipends are appropriate to compensate members of entities for their official actions. All

possible stipends shall be included in the Oneida Business Committee resolution which sets

stipend amounts.

105.14-8. Virtual Meetings. The entity may hold a virtual meeting pursuant to any requirements

established by the Oneida Business Committee and pursuant to any additional requirements

established by the entity. At a minimum those requirements for members shall be:

(a) The Chairperson shall open the meeting with an explanation for the record as to why

the meeting is being held virtually.

(b) The Chairperson shall take roll call at both the beginning and end of the virtual

meeting.

(d) The Chairperson shall poll each individual member to vocalize their support,

opposition, or abstention to any motion.

105.143-98. Conferences and Training Conferences, Training, and Travel. An appointed or

elected member of any entity, elected or appointed, shall be reimbursed in accordance with the

Nation’s policy for travel and per diem, for attending a conference or training. P provided that:

(a) All entities shall be in compliance with the Nation’s travel policies.

(b) A member shall be eligible for a stipend for attending a conference or training, when

attendance at the conference or training is required by law, bylaw, or resolution.

(1) The amount of the stipend a member is eligible to receive for attendance at a

conference or training shall be dependent on whether the member attended up to

four (4) hours of a conference or training, or more than four (4) hours of a

conference or training.

(cb) A member shall not be eligible for a conference and training stipend if that training is

not required by law, bylaw, or resolution.

(dc) No stipend payments shall be made for those days spent traveling to and from the

conference or training.

(e) The board, committee, or commission approves reimbursement for the member.

105.143-109. Business Expenses. All members of entities shall be eligible for reimbursement for

normal business expenses naturally related to membership in the entity.

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(a) Before a member is eligible for reimbursement of normal business expenses, the

board, committee, or commission must approve such expenses.

105.143-110. Task Force and Ad Hoc Subcommittees. Members of task force, ad hoc committees

and subcommittees shall not be eligible for stipends unless specific exception is made by the

Oneida Business Committee or the Oneida General Tribal Council.

105.15. Official Oneida Nation E-mail Address.

105.15-1. Each member of an entity shall be provided with an official Oneida e-mail address

upon election or appointment for the purpose of conducting business of the entity electronically.

(a) If a member is also an employee of the Nation, they shall receive a separate email

address from their regular work e-mail address.

(b) A member of an entity shall have thirty (30) days after appointment or election to

activate their official e-mail address.

be exempt from the requirement to be provided with an official e-mail address, unless

determined that an e-mail address is necessary for the role and responsibilities of the ad

hoc or alternate member.

(d) A member of an entity shall sign an acknowledgment form provided by the Secretary

indicating notice of the Nation’s applicable computer and media related laws, policies,

and rules. The Secretary shall maintain a record of all such acknowledgment forms.

(e) A member of an entity shall exclusively use their official e-mail address to

electronically conduct any business of the entity.

(f) Immediately upon receipt of notice of a vacancy, the Secretary shall instruct the

Digital Technology Services department to disable the e-mail address for the member

having vacated the position.

105.164. Standards of Conduct

105.16-1. Good Mind. All members shall serve with a Good Mind guided by wisdom, compassion,

and responsibility and shall avoid actions or situations that give rise to the appearance of

impropriety, undue influence, or favoritism.

105.16-2. Cultural Accountability. Members are reminded that their conduct reflects not only on

themselves but on the Nation as a whole. They are expected to uphold the teachings of the Good

Mind, protect the well-being of the community, and serve with humility, honor, and respect.

105.16-3. Prohibited Conduct. Members are expected to walk with the Good Mind, honoring the

trust of the people and the teachings of the Great Law of Peace. The following conduct is prohibited

as it undermines the integrity of governance, the dignity of the Nation, and the responsibilities

entrusted to those who serve. No member shall:

(a) Use their position for personal gain, financial benefit, or advancement of family,

friends, or associates.

(b) Engage in any form of bribery, coercion, or undue influence in the performance of their

duties.

information.

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(d) Discriminate against or harass any individual based on race, gender, age, religion, tribal

affiliation, or any other protected status.

(e) Retaliate against any person who reports unethical behavior, misconduct, or violations

of this law.

(f) Falsify records, reports, or communications related to their official duties.

(g) Accept gifts, gratuities, or honoraria in violation of Section 105.15-10.

(h) Participate in decisions where a conflict of interest exists, as defined in Section 105.158.

(j) Engage in nepotism or favoritism in hiring, supervision, or contracting, as prohibited in

Section 105.15-9.

(k) Act in a manner that brings dishonor to the Oneida people or undermines the public’s

trust in the Nation’s government.

105.16-4. Attendance and Meeting Conduct. Members shall honor their responsibility to

participate fully and professionally in the governance of the Nation. Attendance and conduct

during meetings reflect the integrity of leadership and the trust placed in members by the Oneida

people. Accordingly:

(a) Commitment to Presence and Preparedness. Members shall attend all scheduled

meetings unless excused or prevented by circumstances beyond their control. Absences

should be communicated promptly and with respect for the entity’s ability to conduct

business. Members are expected to arrive prepared, having reviewed all materials

necessary for informed decision making.

(b) Engagement and Respectful Dialogue. Meetings shall be conducted in a manner that

upholds the Good Mind and fosters constructive dialogue. Members shall:

(1) Actively and thoughtfully participate.

(2) Contribute to deliberations with clarity and respect.

(3) Listen attentively to others, avoid interruptions, and ensure that all voices are

heard.

(4) Refrain from conduct that disrupts proceedings or diminishes the dignity of the

office.

facts, and the collective good of the Nation. Members shall:

(1) Avoid side conversations, electronic distractions, or any behavior that signals

disengagement.

(2) Maintain confidentiality of closed-session discussions and sensitive

information.

(3) Conduct themselves in a manner that reflects honor, impartiality, and

accountability.

(d) Responsibility for Governance Continuity. Attendance and participation are essential to

the functioning of the Nation’s government. Persistent failure to meet these expectations

may constitute a breach of trust and be subject to review under enforcement provisions.

105.16-5. Fair Dealing and Impartiality. Members shall carry out their duties with fairness,

honesty, and impartiality, honoring the trust placed in them by the Oneida people. Members shall:

(a) Refrain from granting special treatment beyond what is available to others under the

law.

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(b) Make decisions based solely on merit, facts, and the well-being of the Nation, free from

bias, favoritism, or personal interest.

trust.

(d) Treat all individuals with respect and dignity, and foster an environment of equity,

justice, and inclusion in governmental dealings.

105.16-6. Accountability and Transparency. Public service is a sacred responsibility. Members are

entrusted by the Oneida people to act with integrity, humility, and accountability. Their actions

shall reflect the values of the Nation and honor the trust placed in them by the community.

(a) Duty to be Accountable: Members shall be answerable to the Oneida people for their

decisions, conduct, and use of authority; explain their actions, accept responsibility for

mistakes, and take corrective steps when necessary. Accountability is not only a legal

obligation, but also a cultural duty rooted in respect for the people and the teachings of the

Good Mind.

(b) Transparency in Governance. Transparency is essential to maintaining the good mind

and the confidence of the people. Members shall:

(1) conduct public business in a manner that is open, honest, and accessible to the

community;

(2) provide timely and accurate information about decisions, policies, and the use

of Nation resources; and

(3) ensure that records, reports, and proceedings are maintained and made available

in accordance with the laws and customs of the Nation.

respecting the wisdom of elders, the concerns of families, and the guidance of traditional

knowledge. Decisions shall reflect the collective good and be made with the understanding

that leadership is a service to the Nation, not a privilege.

105.16-7. Confidentiality Information.105.14-1. All members of an entity shall maintain in a

confidential manner all information obtained through their position on the entity. The Nation

requires that all members of an entity who have access to the Nation’s confidential information

be subject to specific limitations in order to protect the interest of the Nation and ensure that no

individuals persons engaged in by the Nation, nor their relatives or associates, benefit from the

use of confidential information.

(a) Confidential information shall be considered and kept as the private and privileged

records of the Nation and will not be divulged to any person, firm, corporation, or other

entity except by direct written authorization of the Oneida Business Committee.

(b) A member of an entity will continue to treat as private and privileged any confidential

information, and will not release any such information to any person, firm, corporation,

or other entity, either by statement, deposition, or as a witness, except upon direct written

authority of Oneida Business Committee, and the Nation shall be entitled to an injunction

by any competent court to enjoin and restrain the unauthorized disclosure of such

information. Such restriction continues after termination of the relationship with the

Nation and the entity.

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term of membership in an entity, for any cause whatsoever, the member of the entity will

surrender to the Nation, in good condition, all records kept by the member of the entity.

(d) No member of an entity shall disclose confidential information acquired by reason of

his their other relationship or status with the Nation for his or her their personal

advantage, gain, or profit, or for the advantage, gain, or profit of a relative or associate.

(e) If a member does intentionally disclose confidential information, that member will be

subject to fines or penalties set forth in a fine and penalty schedule adopted by the Oneida

Business Committee.

105.14-8. (f) Any records created or obtained while serving as a membern official of an

entity are the property of the Nation and shall only be removed or destroyed by approval

from a majority vote of the entity at a duly called meeting. All removal or destruction of

documents shall be made in accordance with the Nation’s laws and policies governing

open records and open meetings.

105.14-3. Official Oneida Nation E-mail Address. Each member of an entity shall be provided an

official Oneida e-mail address upon election or appointment for the purpose of conducting

business of the entity electronically.

(a) If a member is also an employee of the Nation, he or she shall receive a separate email

address from his or her regular work e-mail address.

(b) A member of an entity shall have thirty (30) days upon election or appointment to an

entity to activate his or her e-mail address.

be exempt from the requirement to be provided an official e-mail address, unless

determined that an e-mail address is necessary for the role and responsibilities of the ad

hoc or alternate member.

(d) A member of an entity shall sign an acknowledgment form provided by the Nation’s

Secretary indicating notice of the Nation’s applicable computer and media related laws,

policies and rules. The Nation’s Secretary shall maintain a record of all such

acknowledgment forms.

(e) A member of an entity shall exclusively use his or her official e-mail address to

electronically conduct any business of the entity, and shall not use a personal or work email address to electronically conduct any business of the entity.

(f) Immediately upon receipt of notice of an entity vacancy, the Nation’s Secretary shall

instruct the Management Information Systems department to disable the e-mail address

for the member having vacated the position.

105.165-8. Conflicts of Interest. 05.15-1. All members of an entity are required to adhere to the

Nation’s laws and policies governing conflicts of interest.105.15-2. A mMembers of an entity

shall disclose a conflict of interest in writing to the Nation’s Secretary as soon as the conflict

arises and update a conflict of interest disclosure form with the Nation’s Secretary on an annual

basis.

(a) Disclosure Forms.

(1) The Oneida Law Office shall create both annual and as-needed disclosure

forms.

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(2) The Office of the Oneida Nation Secretary shall distribute, collect, and

maintain these disclosure forms.

(3) All members shall submit disclosure forms annually and within a reasonable

time after a conflict arises or becomes known.

(ba) Upon receiving information of a potential conflict of interest, the Nation’s Secretary

shall request a determination from the Oneida Law Office whether further action shall be

taken by the Nation regarding the status of the official.

(1) Entities may develop an internal conflict of interest mitigation plan for eligible

conflicts in consultation with the Oneida Law Office, the Nation’s Human

Resources Department, and other departments of the Nation as needed.

105.15-3. (c) Ineligibility Due to Conflicts of Interest. Due to the potential for an actual or

implied a real or perceived conflict of interest to exist, the following individuals

shall may not be eligible to serve on an appointed or elected entity unless they

obtain approval from their immediate supervisor; the individual may also be

required to complete a conflict mitigation plan:

(1a) political appointees;

(2b) an employee of the Nation’s Internal Audit Department, Finance

Administration, Oneida Law Office, Business Committee Support OfficeBCC

Department, Government Administrative Office, or Intergovernmental Affairs and

Communications; and

(3c) an employee who serves as a direct report to the Oneida Business Committee

or the Chief Executive Officer of Nation Services. General Manager.

(d) Ongoing Duty to Disclose. Members who become aware of a conflict of interest shall

promptly disclose and comply with the requirements of the conflict of interest mitigation

plan.

105.16-9. Nepotism Prohibited. The Oneida people expect their leaders to act with integrity and

impartiality. Avoiding nepotism is essential to maintaining the trust between the government and

the community, and to ensuring that all Oneida people have equal opportunity to serve and

contribute to the Nation.

(a) Commitment to Fairness. Members shall be guided by fairness, respect, and the Good

Mind. Favoring family members in employment, appointments, or decision-making

undermines the trust of the people and disrupts the balance that is essential to good

governance.

(b) Preferential Treatment Prohibited. No member shall use their position to secure

employment, advancement, contracts, or other benefits for immediate family members or

close relatives. All decisions shall be made based on merit, qualifications, and the best

interests of the Nation.

participate in employment decisions involving a family member. The Nation shall

implement procedures to ensure that hiring and promotion processes are free from undue

influence and favoritism.

105.16-10. Gifts and Honorarium.

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(a) Prohibition on Gifts for Business Privilege. No member shall accept any gift, gratuity,

or honorarium of any value in exchange for, or as a condition of, doing business with the

Nation.

(b) Reporting Requirements. Members shall report any gift, honorarium, or sponsored

event with a fair market value of $1000 or more that is given in connection with activities

organized by or participated in on behalf of the Nation.

(1) Sponsored events not paid for or reimbursed by the Nation or another

government entity for official duties, including fundraisers, social events,

recreational events, or entertainment events and any associated travel costs must be

recorded as a gift.

(2) Travel provided or reimbursed by a federal, state, or tribal government entity

for the purpose of carrying out official government functions, such as tribal

consultations, meetings, or trainings, is considered official business and is not

reportable under this section.

105.15-10(a) shall be documented using the Gift Disclosure Form and submitted to the

Office of the Nation’s Secretary within ten (10) business days of receipt.

(1) The Office of the Secretary shall maintain a public record of all reported gifts

and honoraria; and

(2) The Oneida Law Office shall maintain and update the Gift Disclosure Form and

related procedures.

(d) Gifts below the Reporting Threshold. Gifts or honoraria valued at $999.00 or less are

not required to be reported on the Gift Disclosure Form.

(e) Cultural and Ceremonial Gifts. Gifts given in the context of traditional, ceremonial, or

cultural exchange may be exempt from reporting requirements, provided they are not of

significant monetary value and do not create a conflict of interest. Members are encouraged

to consult with the Oneida Law Office when in doubt.

105.176. Use of the Nation’s Assets

105.176-1. Entities shall maintain all bank accounts for the Nation’s funds in the name of the

Oneida Nation. Bank accounts will be reflected on the Oneida Nation's books in accordance with

Generally Accepted Accounting Principles.

105.176-2. Each member of an entity shall comply with the system of internal accounting

controls sufficient to provide assurances that:

(a) all transactions are executed in accordance with management's authorization; and

(b) access to assets is permitted only in accordance with management's authorization; and

conformity with Generally Accepted Accounting Principles or other applicable criteria.

105.176-3. Any evidence of noncompliance with any policy regarding the use of the Nation’s

tribal assets shall be immediately reported to the Internal Audit department. If the Internal Audit

ddepartment finds evidence of noncompliance, they shall notify the Oneida Law Office, who will

then provide a recommendation to the Government Administrative Office on how to proceed.

make a determination of further action to be taken, if any.

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105.187. Dissolution of an Entity

105.187-1. Dissolution of a Task Force or Ad Hoc Committee. A task force or ad hoc committee

dissolves upon a set date or acceptance of a final report. Unless otherwise indicated, the

materials generated by a task force or ad hoc committee shall be forwarded to the Business

Committee Support OfficeBCC Department for proper disposal within two four (24) weeks of

the dissolution.

105.187-2. Dissolution of an Entity. All other entities of the Nation shall be dissolved only by

motion of the Oneida General Tribal Council or the Oneida Business Committee.

105.187-3. Notice of Dissolution. Within five (5) business days of the Oneida General Tribal

Council or the Oneida Business Committee taking official action to dissolve an entity, the Oneida

Business Committee shall provide the entity written notice of the dissolution.

105.187-4. Management of Records and Materials. All Chairpersons and Secretaries of dissolved

entities shall be responsible for finalizing closing out open business of the entity and forwarding

all materials and records to the Business Committee Support OfficeBCC Department for proper

storage and disposal within two four (24) weeks of dissolution. The entity shall not alter or

destroy any records. The Business Committee Support OfficeBCC Department may utilize the

assistance of the Records Management Department and/or any other appropriate department for

the storage and disposal of the records and materials.

(a) The entity may request the Oneida Business Committee to grant an one (1) week

extension of the time allowed to close out open business of the entity and forward all

materials and records to the Business Committee Support OfficeBCC Department.

105.198. Enforcement

105.198-1. Any appointed member of an entity found to be in violation of this law may be

subject to:

(a) termination of appointment by the Oneida Business Committee;

(b) loss of stipend; or

(1) When an appointed member’s stipend is withheld, the Secretary shall submit

written notices to the member, the entity’s Chairperson or Vice-Chairperson, as

applicable, and the BCC Department.

105.19-2. Any elected member of an entity found to be in violation of this law may be subject to:

(a) loss of stipend or any other sanctions and penaltyies in accordance with any laws or

policies of the Nation governing sanctions and/or penalties;

(b) removal pursuant to any laws or policies of the Nation’s governing removal; or

, if the individual is a member of an elected entity; or

of an appointed entity.

105.19-3. All entities shall identify in their bylaws the procedures for withholding a member’s

stipend and any other sanctions or penalties identified by that entity as long as those sanctions or

penalties meet the requirements of this law and all other laws, policies, and rules of the Nation.

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105.19-4. Appeal. If applicable, a member shall have the right to appeal an enforcement action

pursuant to the requirements and procedures regarding appeals of the law under which the member

received a sanction or penalty.

End.

Adopted - BC-08-02-95-A

Amended - BC-05-14-97-F

Emergency Amended - BC-04-12-06-JJ Amended - BC-09-27-06-E (permanent adoption of emergency

amendments)

Amended – BC-09-22-10-C

Amended – BC-09-26-18-C

Emergency Amended – BC-03-11-20-B

Emergency Amended – BC-03-17-20-C

Amended – BC-08-12-20-B

1 O.C. 105 – Page 25

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Title 1. Government and Finances – Chapter 105

Laotiyanlsh&ha k<tyohkway<=t&=se>

Their laws of the groups we have

BOARDS, COMMITTEES, AND COMMISSIONS

105.1. Purpose and Policy

105.2. Adoption, Amendment, Repeal

105.3. Definitions

105.4. Creation of an Entity

105.5. Applications

105.6. Vacancies

105.7. Appointment to an Entity

105.8. Election to an Entity

105.9. Oath of Office

105.10. Other Responsibilities

105.11. Bylaws

105.12 Electronic Polling

105.13. Reporting Requirements

105.14. Stipends, Reimbursement and Compensation

105.15. Official Oneida Nation Email Address

105.16. Standards of Conduct

105.17. Use of the Nation’s Assets

105.18. Dissolution of an Entity

105.19. Enforcement

______________________________________________________________________________

105.1. Purpose and Policy

105.1-1. Purpose. It is the purpose of this law to govern boards, committees, and commissions of

the Nation, including the procedures regarding the appointment and election of individuals to

boards, committees, and commissions, creation of bylaws, maintenance of official records,

compensation, to establish clear standards of conduct, and other items related to boards,

committees, and commissions.

(a) This law shall not apply to the Oneida Business Committee or standing committees of

the Oneida Business Committee.

(b) This law does not apply to Tribal corporations due to the corporate structure and

autonomy of those entities.

105.1-2. Policy. It is the policy of the Nation to have consistent and standard procedures for

choosing and appointing or electing the most qualified individuals to boards, committees, and

commissions, for creation of bylaws governing boards, committees, and commissions, and for

the maintenance of information created by, and for, boards, committees, and commissions.

(a) It is further the policy of the Nation that appointed and elected individuals serving on

a board, committee, or commission of the Nation carry themselves in a way that brings

honor to the Oneida people and government. They shall walk with integrity, follow the

laws of the Nation, and uphold the highest standards of ethical conduct in all their duties.

All appointed and elected individuals shall strive to exhibit and uphold the Nation’s core

values of The Good Mind as expressed by On<yote>a=ka, which includes:

(1) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(2) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(3) Ka>nikuhli=y%. The openness of the good spirit and mind.

(4) Ka>tshatst^sla. The strength of belief and vision as a People.

(5) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our

future.

(6) Twahwahts$lay<. All of us are family.

(7) Yukwats$stay<. Our fire, our spirit within each one of us.

105.2. Adoption, Amendment, Repeal

1 O.C. 105 – Page 1

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105.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-14-97-F

and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, BC-09-26-18-C, BC-08-12-20-B,

and BC-__-___-___-__.

105.2-2. This law may be amended or repealed by the Oneida Business Committee or the

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

105.2-3. 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.

105.2-4. 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.

105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

105.3. Definitions

105.3-1. 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) "Application" means the form by which a person seeks to be appointed to fill a

vacancy on an entity.

(b) "Appointment" means the process by which a person is chosen to fill a vacancy on an

entity by the Oneida Business Committee.

(d) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays recognized by the Nation.

(e) “Bylaws” means a document which provides a framework for the operation and

management of a board, committee, or commission of the Nation chiefly for the

government of its members and the regulation of its affairs.

(f) “Conference” means any training, seminar, meeting, or other assembly of individuals

which is not an assembly of the entity.

(g) “Confidential information” means all information or data, whether printed, written, or

oral, concerning business or customers of the Nation, disclosed to, acquired by, or

generated by a member of an entity in confidence at any time during their appointed or

elected term or during their employment.

(h) “Conflict of interest” means any financial, personal, or political interest, actual or

implied in which an appointed or elected member or any member of their immediate

family, has that conflicts with any right of the Nation to property, information, or any

other right to own and operate activities free from undisclosed competition or other

violation of such rights of the Nation or to any transaction between the Nation and an

outside party.

(i) “Direct report” means a position which requires direct contact and supervision by the

Oneida Business Committee because of the position, the duties, or the services provided.

Direct reports shall be identified by the Oneida Business Committee through resolution.

(j) “Entity" means a board, committee or commission created by the General Tribal

Council or the Oneida Business Committee whose members are appointed by the Oneida

Business Committee or elected by the Nation’s membership.

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(k) “E-poll” means an electronic poll, which is the act of delivering an e-mail to all

officials of an entity, in order to seek a response which identifies a vote in favor of,

opposing, or abstaining to an issue requiring approval by the entity.

(l) “Fiscal year” means the one (1) year period each year from October 1st to September

30th.

(m) “Joint meeting” means a meeting with the Oneida Business Committee.

(n) “Letter” means a written or printed message addressed to a specific person or

organization; for the purposes of this law, a letter can be on paper or sent electronically.

(o) “Member” means all individuals who are appointed or elected to serve on a board,

committee, or commission created by the Oneida Business Committee or the Oneida

General Tribal Council.

(p) “Nation” means the Oneida Nation.

(q) “Per diem” means the payment made by the Nation to offset the costs of being on

travel on behalf of the Nation.

(r) “Political appointee” means a person who assists an elected member of the Oneida

Business Committee in their daily activities and operations.

(s) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. This also includes prescription medication or over-the-counter medicine

used in an unauthorized or unlawful manner.

(t) “Secretary” means the person elected and serving as the Nation’s Secretary; an officer

position of the Oneida Business Committee.

(u) “Stipend” means the amount paid by the Nation to a person serving on a board,

committee, or commission of the Nation in order to compensate the individual for their

contribution of time, effort, and work for their board, committee, or commission for the

betterment of the Nation.

(v) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than all

members of the entity; which is designated one (1) or more specific responsibilities on

behalf of the entity.

(w) “Substantiated complaint” means a complaint or allegation in a complaint that was

found to be valid by clear and convincing evidence.

(x) "Task Force or Ad Hoc" means a group of individuals gathered to pursue a single

goal, the accomplishment of which means the disbanding of the group. The goal is

generally accomplished in a short time period, i.e. less than one year, but the goal itself

may be long term.

(y) "Vacancy" means any position on any board, committee, or commission caused by

resignation, end of term, removal, termination, or creation of a new position.

105.4. Creation of an Entity

105.4-1. An entity of the Nation shall be created by a resolution or law adopted by the Oneida

Business Committee or General Tribal Council.

105.4-2. The law or resolution establishing the entity shall state the purpose of the entity and all

powers and responsibilities delegated to the entity.

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105.4-3. The Oneida Business Committee or designee shall be responsible for drafting the initial

bylaws of the entity.

105.4-4. The Oneida Business Committee shall be responsible for approving the initial bylaws of

the entity.

105.5. Applications

105.5-1. The BCC Department shall approve all applications to serve on an entity of the Nation.

All application materials shall be available in any location identified by, or in the offices of, the

BCC Department

(a) All applications shall include:

(1) a statement explaining the reporting requirements of section 105.13-3; and

(2) a section regarding disclosures of conflicts of interest.

(b) An additional application form shall be required for those entities that require a

background investigation. This background investigation application shall include the

applicant’s social security number and any other information required for a background

investigation. The background investigation application shall be solely used for the

background investigation and not included in the application materials that are then

shared with the Oneida Business Committee, entity, or the Election Board.

105.5-2. Applications shall be filed with the BCC Department by 4:30 p.m. of the deadline date.

105.5-3. Within eight (8) business days after the posted deadline for filing applications, the BCC

Department shall notify all individuals who have filed an application of the date their application

was received and if their application met the deadline to be considered for the election or

appointment.

105.5-4. Applications for elected positions shall be verified according to the Nation’s laws,

bylaws, or policies governing elections. Applications for appointed positions shall be verified by

the BCC Department as needed or as required in the bylaws of the entity.

105.5-5. Insufficient Applicants. In the event that there are an insufficient number of applicants

after the deadline has passed for appointed positions, the BCC Department may repost.

(a) If the number of applicants is equal to or less than the number of vacancies then it

shall be determined to be an insufficient number of applicants.

(b) The BCC Department shall notify the Oneida Business Committee if a position will

be reposted.

within the deadline period.

(d) The Oneida Business Committee may consider late applicants.

105.6. Vacancies

105.6-1. The manner by which an individual fills a vacancy, either through appointment or

election, shall determine that member’s status as an appointed or elected official, despite the

entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.

105.6-2. A position on an entity shall be considered vacant in the following situations:

(a) End of Term. A vacancy is effective as of 4:30 p.m. on the last day of the month in

which the term ends.

(1) Although a position is considered vacant once the term ends, the member of

the entity may remain in office until the member’s successor has been sworn in by

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the Oneida Business Committee, provided that the position may not be held by the

predecessor for longer than sixty (60) business days, in an effort to prevent a

discontinuation of business or a loss of quorum for the entity.

(b) Removal. Removal is effective, pursuant to any law or policy of the Nation regarding

removal.

majority vote of the Oneida Business Committee in favor of a member’s termination of

appointment.

(d) Resignation. A resignation is effective upon:

(1) deliverance of a letter to the BCC Department and to the Chairperson of the

entity, or designee; or

(2) acceptance by motion of the entity of a verbal resignation; and

(3) certification and acceptance by the Secretary.

(e) New Positions. Vacancies on new entities are effective upon adoption of bylaws.

105.6-3. An entity shall notify the BCC Department as soon as the entity learns that a position

has or will become vacant. All notices of vacancy shall be sent to the entities for clarification or

confirmation prior to notification to the Oneida Business Committee.

105.6-4. The BCC Department shall forward the notice of vacancy to the Secretary. The

Secretary shall request and receive approval from the Oneida Business Committee to post the

notice of vacancy. The BCC Department shall post notice of vacancies at the following times:

(a) End of Term. Automatically sixty (60) days prior to completion of the term.

(b) Removal. No later than the next Oneida Business Committee meeting following the

effective date of the removal.

the BCC Department’s receipt of notice of an effective resignation from the entity.

(d) New Positions. Upon one of the following conditions:

(1) if not specified, immediately upon the creation of an entity or the adoption of

bylaws, whichever is later; or

(2) upon the date specified when creating the entity.

(e) Termination of appointment. No later than the next Oneida Business Committee

meeting following the effective date of the termination.

105.6-5. Notice of vacancies shall be posted by the BCC Department in all official media outlets

of the Nation, as determined by the Oneida Business Committee, as well as any other location

deemed appropriate by the Secretary.

105.7. Appointment to an Entity

105.7-1. Appointment Selection. The following procedures shall be used to determine how the

applicant for an appointed position is selected:

(a) Within eight (8) business days after the posted deadline for submitting an application,

or within twenty-one (21) business days of the posted deadline if the entity requires a

background investigation to be completed as part of the application process, the BCC

Department shall:

(1) deliver all applications, along with a summary of qualifications to hold office,

and the results of the background investigation if required, to each member of the

Oneida Business Committee as well as the entity’s Chairperson; and

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(2) place the appointment for the entity on the next executive session portion of

the agenda of a regular or special Oneida Business Committee meeting in which

the appointment is intended to be made; or

(3) if delays in compiling the applications, summary of qualifications, or results of

any investigations exist, request additional time from the Oneida Business

Committee to complete requirements of section 105.7-1(a)(1)-(2).

(b) Each member of the Oneida Business Committee shall review the application

materials prior to executive session and be prepared to discuss and select an applicant for

appointment.

(1) The entity’s Chairperson may review the application materials and submit a

recommendation to the BCC Department to include in the application materials to

be reviewed by the Oneida Business Committee.

(A) The recommendation shall be submitted to the BCC Department in

accordance with the submission deadlines for the Oneida Business

Committee meeting in which the appointment is intended to be made.

merits and qualifications of the potential applicants and any recommendations made by

the Chairperson of the entity during executive session. After completing a thorough

discussion the Oneida Business Committee shall:

(1) select an applicant for appointment; or

(2) ask the Secretary to re-notice the vacancy because of ineligible, unqualified, or

under qualified applicants.

(d) All appointments shall be made by the Oneida Business Committee during the open

session of a regular or special Oneida Business Committee meeting. The Oneida Business

Committee shall not appoint an applicant who fails to meet the requirements set out in the

entity's bylaws.

(e) During the open session of the regular or special Oneida Business Committee

meeting, a member of the Oneida Business Committee may make a motion to appoint an

individual. Oneida Business Committee members may:

(1) accept the selected applicant and vote to appoint the individual to the vacant

position; or

(2) reject the selected applicant and vote to oppose the appointment.

(f) If the Oneida Business Committee rejects the selected applicant, the matter will be

deferred to the next Oneida Business Committee meeting where another applicant may be

recommended by the Oneida Business Committee or the Oneida Business Committee

may direct the vacancy to be re-posted. When a vacancy is re-posted under this section,

all applications from the first posting shall be considered to have been filed within the

deadline period.

105.7-2. Notification of Appointment. Once an individual is selected for appointment at an

Oneida Business Committee meeting, the Secretary shall notify all applicants of the final status

of their application.

(a) The Secretary shall include on the notice to the applicant selected for appointment the

following paragraph: “The Oneida Nation reports all income paid by the Oneida Nation

in whatever form. The Internal Revenue Service of the United States considers stipends

paid to members of boards, committees, and commissions to be income which may be

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offset by expenses related to that income. You will receive an income report which is also

forwarded to the Internal Revenue Service, it is also your responsibility to keep

documentation of expenses related to this income.”

105.7-3. Declination of Appointment. An individual who has been selected for appointment to an

entity by the Oneida Business Committee may decline the appointment.

(a) An individual may decline an appointment to an entity in the following ways:

(1) delivery of a letter to the BCC Department stating that the individual wishes to

decline the appointment; or

(2) failure to take the oath of office within thirty (30) days or within two (2)

regularly scheduled Oneida Business Committee meetings of being selected for

appointment by the Oneida Business Committee.

(b) The BCC Department shall notify the Oneida Business Committee if an individual

declines an appointment to an entity. The Oneida Business Committee shall then use the

original pool of applications for the vacancy posting and the process outlined in section

105.7-1 to select another applicant for appointment.

105.7-4. Termination of Appointment. An appointed member of an entity serves at the discretion

of the Oneida Business Committee. Upon the recommendation of a member of the Oneida

Business Committee or the entity, a member of an appointed entity may have their appointment

terminated by the Oneida Business Committee.

(a) A two-thirds majority vote of the Oneida Business Committee shall be required in

order to terminate the appointment of an individual.

(b) The Oneida Business Committee’s decision to terminate an appointment is final and

not subject to appeal.

105.8. Election to an Entity

105.8-1. All elected positions shall be nominated at a caucus called by the Oneida Election

Board, or apply for ballot placement, in accordance with the Nation’s laws or policies governing

elections, except where an entity’s bylaws allow for a vacancy to be filled by appointment.

(a) When the Election Board notifies an applicant or nominee that they are eligible to be

placed on the ballot, the following paragraph shall be included: “The Oneida Nation

reports all income paid by the Nation in whatever form. The Internal Revenue Service of

the United States considers stipends paid to members of boards, committees, and

commissions to be income which may be offset by expenses related to that income. You

will receive an income report which is also forwarded to the Internal Revenue Service, it

is also your responsibility to keep documentation of expenses related to this income.”

105.8-2. All other processes for the election of a member of an entity shall be pursuant to the

Nation’s laws or policies governing elections.

105.9. Oath of Office

105.9-1. All appointed and elected positions are official upon taking an oath during a regular or

special Oneida Business Committee meeting or at an alternative time and location as determined

by the Secretary. All rights and delegated authorities of membership in the entity shall vest upon

taking the oath. The Secretary shall notify the chosen individuals when they shall appear for

taking the oath.

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(a) When taking an oath, the appointed or elected member shall appear in person to take

their oath, except if granted permission by the Secretary to appear through video

conferencing, or through other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a

quorum of Oneida Business Committee members shall be present to witness the oath.

105.9-2. The Oneida Business Committee shall approve wording of oaths. Any revisions of oaths

shall be approved by the Oneida Business Committee prior to usage. Oaths shall be kept on file

by the BCC Department.

105.9-3. Originals of the signed oath, or electronic copies of the originals of the signed oath,

shall be maintained by the BCC Department. Copies of the oath shall be forwarded to the new

member of the entity and the entity.