LOC Bylaws
ARTICLE I. NAME
Section 1. Name. The name of the committee shall be known as the Legislative Operating Committee (LOC).
Section 2. Authority. Delegated authority under these By-Laws is derived from the Constitution and By-Laws of the Oneida Tribe of Indians of Wisconsin, adopted November 14, 1936, under Article IV, Section 1(g).
Section 3. Goals. The government of the Oneida Tribe of Indians of Wisconsin (Oneida Tribe or Tribe) is a constitutionally defined body that promotes openness in its deliberations and invites participation in carrying out its responsibilities for the benefit of the Oneida people.
Section 4. Mission. The mission of the LOC is to enhance the capability of the Oneida Tribe to fulfill its sovereign authority to review and enact its laws, policies and regulations in a planned and orderly manner.
Section 5. Personnel. The LOC may employ such personnel as it deems necessary to carry out the duties and responsibilities as prescribed by Tribal law or budget.
a. The LOC shall approve the staff structure for the Legislative Reference Office (LRO).
b. The LOC shall be responsible for negotiating the LOC Staff Attorney contract and forwarding the contract to the Oneida Business Committee for approval.
ARTICLE II. MEMBERSHIP
Section 1. The LOC shall consist of the five (5) Council member positions of the Business Committee.
Section 2. The members of the LOC shall serve three (3) year terms consistent with the Tribal election of the Business Committee.
ARTICLE III. OFFICERS
Section 1. Officers. The Officers of the LOC shall be the Chairperson and the Vice-Chairperson.
Section 2. Selection and Tenure of Officer Positions.
a. Officers for the First Session. If any officer of the LOC is reelected to the Business Committee, he or she shall have the option of continuing in office for the duration of the new term.
(1) If any LOC Officer is not reelected to the Business Committee, the LOC shall meet within twenty-four (24) hours of taking the Oath of Office for the Business Committee. At said meeting, the LOC shall select a member(s) to fill any vacant officer position(s). The member(s) with the longest seniority shall have the option to be placed into any vacant position.
(2) If two (2) or more LOC members share the same seniority, the senior member who received the most popular votes in the preceding Business Committee election shall enjoy the option of being appointed Chairperson. The LOC senior member who received the next highest number of popular votes in the preceding Business Committee election shall have the option of being appointed Vice-Chairperson.
(3) If there is not a senior member on the LOC, or that no senior member wishes to serve in an officer position, the Officer positions shall be chosen by a vote in compliance with Article V, Section 4. Said vote shall be recorded and be made part of the LOC minutes (minutes).
b. Change of Officers. After the completion of the First Session a change in Officers can be accomplished by passage of a motion, by a majority vote of the full committee, calling for an election for the particular position(s), provided that:
(1) The vote is a roll call vote; and
(2) The individual(s) who holds the position(s) which is the subject of the motion is entitled to vote on the motion.
Section 3. Duties of the Chairperson: The Chairperson shall:
a. Preside at all meetings of the LOC;
(1) The Chair shall have voting privileges in all matters which come before the LOC.
b. Sign all correspondence of the LOC;
c. Be responsible to submit the approved Minutes to the Tribal Secretary for action and approval by the Business Committee;
d. Be responsible to monitor the budget of the LOC;
e. Submit a semi-annual report to the General Tribal Council; and
f. Supervise the LOC Staff Attorney.
Section 3. Duties of the Vice-Chairperson. In the absence or incapacity of the Chairperson, the Vice- Chairperson shall perform the duties of the Chairperson.
Section 4. Additional Duties. The Officers of the LOC shall perform such other duties and functions as from time to time may be determined by resolution or Tribal law.
ARTICLE IV. MEETINGS
Section 1. Regular Meetings. The LOC shall approve the schedule at a meeting called by the chair in the month of January to set the dates for the LOC meetings for the calendar year.
Section 2. Special Meetings.
a. Special meetings of the LOC may be called by the Chairperson of the LOC or by Business Committee directive.
b. Special meetings shall address a specific purpose(s) and convene at a time outside of the regularly scheduled meeting time.
c. Special meetings shall require a written notice, to each member of the LOC, a minimum of twenty-four (24) hours prior to convening the meeting.
Section 3. Quorum. A quorum shall consist of three (3) persons, one of which shall be the Chairperson or Vice-Chairperson.
Section 4. Voting. The LOC shall make decisions based upon the majority of a quorum of voting members present at a regularly called or specially called meeting of the Committee.
ARTICLE V. REPORTING
Section 1. Materials. Specific issues referred to the Business Committee agenda for action through the Minutes must have appropriate background material and/or proper summary accompanied by the procedural sign-off documents before consideration by the Business Committee.
Section 2. Notification. Prior to final adoption, amendment, or repeal of any ordinance/rule as defined in 1.3-1(l)(p) of the Administrative Procedures Act (APA) , the LOC with the approval of the Business Committee, shall in a manner compliant with 1.5-1 (a)(b) of the APA, provide public notice to a public hearing regarding said adoption, amendment, or repeal.
Section 3. Specific Notice. When proposed legislation may pertain to any particular agency(s) as defined in 1.3-1(a) of the APA or, if the proposed legislation may pertain to any individual or group of individuals who have introduced such legislation, the Chairperson of the LOC shall be responsible for notification to the Tribal Secretary, and other interested persons, prior to the adoption, amendment, or repeal of any ordinance/rule by the Business Committee.
ARTICLE VI. INTER-DEPARTMENTAL COOPERATION
Section 1. Authority to Request Information. The Legislative Reference Office personnel has been delegated authority by the LOC to request and examine all information from Tribally funded, managed, or operated business units, corporations, and elected entities such as boards, committees and commissions.
ARTICLE VII. AMENDMENTS
Section 1. Amendments to By-Laws. The By-Laws of the LOC may be amended only with the approval of a quorum of the LOC and with subsequent approval of the Business Committee.
Oneida Business Committee Approval Date of January 14, 2009.