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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials May 24, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 230 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 24th day of May, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Open Packet
Page 1 of 229
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, May 23, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, May 24, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
A. Special Recognition – June Wommack – Retirement from Oneida Nation with over 25 years
of service
Requestors:
Sponsor:
pp. 8-9
Joan Christnot, Director/Head Start; Tina Torrez, Education Manager/Head Start
Jennifer Webster, Councilwoman
B. Special Recognition – Kevin Shoenebeck – Promotion to “Kyoshi” in the art of Danzan
Ryu Kodenkan Ju Jitsu
Requestors:
Ryan Waterstreet, Assistant Director/Oneida Family Fitness Center; Susan
House, Area Manager/Parks & Recreation
Sponsor:
George Skenandore, Division Director/Governmental Services
III. ADOPT THE AGENDA
pp. 10-12
pp. 1-7
IV. OATHS OF OFFICE
A. Oneida Public Safety Pension Board – Nathan Ness, Joel Maxam, Ronald King Jr., and Jack
Mehojah
pp. 13-14
B. Oneida Nation Veterans Affairs Committee – Carol Silva and Benjamin Skenandore
pp. 15-16
V. MINUTES
A. Approve May 10, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 1 of 7
pp. 17-33
Open Packet
Page 2 of 229
VI. RESOLUTIONS
A. Adopt resolution entitled Legal Resource Center Emergency Adoption
Sponsor:
pp. 34-48
Brandon Stevens, Councilman/Legislative Operating Committee Chair
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept May 3, 2017, Legislative Operating Committee meeting minutes
pp. 49-53
2. Approve Per Capita Rule No. 1: Distribution Rule Certification; and Hunting, Fishing, &
Trapping Rule Handbook Certification
pp. 54-149
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve May 16, 2017, Finance Committee meeting minutes
pp. 150-156
C. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
1. Accept April 20, 2017, Quality of Life Committee meeting minutes
pp. 157-159
VIII. NEW BUSINESS (Please Note: Scheduled times are approximate and subject to change)
A. Approve three (3) requests regarding doctoral dissertation – Jennifer J. Jordan, Ph.D.,
CHES, HHS – “Communicating Periodontal Disease Risk to American Indian Patients
with Diabetes” (This item is scheduled to begin at 10:00 a.m.)
Sponsor:
Jo Anne House, Chief Counsel
B. Approve EZ-Baccarat Rules of Play
Chair:
Liaison:
pp. 160-169
pp. 170-184
Mark A. Powless Sr., Oneida Gaming Commission
Brandon Stevens, Councilman
C. Approve limited waiver of sovereign immunity – WI. Dept. of Veterans Affairs – Access and
Data Sharing agreement – contract # 2017-0464
Requestor:
Kerry R. Metoxen, Manager/Oneida Nation Veterans Dept.
Liaison:
Jennifer Webster, Councilwoman
pp. 185-196
D. Approve request for status update regarding community concern # 2016-CC-21 –
Tysunhehkwa operations
Requestor:
Nancy Barton
Sponsor:
Tina Danforth, Tribal Chairwoman
E. Review community concern # 2017-CC-08 – Tribal phone company
Requestor:
Sponsor:
Brad Graham
Tina Danforth, Tribal Chairwoman
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 2 of 7
pp. 197-199
pp. 200-204
Open Packet
Page 3 of 229
IX. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Secretary Lisa Summers, Councilman Tehassi Hill, and
Councilwoman Jennifer Webster – OTIE Welcome and Orientation – Milwaukee, WI –
April 20-21, 2017
pp. 205-206
B. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approved travel request – Councilman Tehassi Hill – American Indian/Alaska
Native Public Witness Hearing – Washington D.C. – May 15-17, 2017
Requestor:
Tehassi Hill, Councilman
pp. 207-211
b. Approved travel request – Chairwoman Tina Danforth – Great Lakes Restoration
Initiative (GLRI) tribal forum – Ashland, WI – May 23-24, 2017
Requestor:
Tina Danforth, Tribal Chairwoman
pp. 212-218
X. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support
Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE)
A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept financial analysis
Sponsor:
Larry Barton, Chief Financial Officer
EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the
May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion carried
unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2)
Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept
the progress report regarding the financial analysis, seconded by Brandon Stevens. Motion
carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 3 of 7
pp. 219-229
Open Packet
Page 4 of 229
marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices for the legal, financial, legislative, and administrative analyses to be
completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
XI. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. REPORTS
1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manger
pp. 230-358
a. Gaming Strategy for FY 2018 budget (This item is scheduled to begin at 8:30 a.m.) pp. 359-391
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the
agenda to the May 24, 2017, regular Business Committee meeting with the exception of
item XIII.E.04 to be processed via E-Poll because there is a deadline to that, seconded by
Brandon Stevens. Motion carried unanimously.
2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
3. Accept Chief Counsel report – Jo Anne House, Chief Counsel
a. Review legal opinion regarding complaint # 2017-CC-05 and determine next steps
pp. 392-410
p. 411
pp. 412-419
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
Sponsor:
pp. 420-428
Trish King, Tribal Treasurer (This item is scheduled to begin at 1:30 p.m.)
C. AUDIT COMMITTEE (No Requested Action)
D. TABLED BUSINESS
1. Approve recommendation regarding Oneida Trust Enrollment memorandum dated
April 25, 2017
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM MAY 10, 2017: (1) Motion by Trish King to accept the Oneida Trust
Enrollment Committee decision from their memorandum dated April 25, 2017, as information;
to support recommendation #1 regarding the funding source identified in the decision on
enrollment; and to authorize the use of income from the Language Revitalization Fund for the
purpose of making the Minors Trust Account referred to in the decision on enrollment whole,
seconded by Tehassi Hill. Motion not voted on; item tabled. (2) Motion by David Jordan to
table this item until the next meeting and make sure we have Trust Enrollment Committee
representation when we untable it. Motion failed due to lack of support. (3) Motion by Fawn
Billie to table this item for two (2) weeks, seconded by David Jordan. Motion carried with two
opposed.
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 4 of 7
pp. 429-433
Open Packet
Page 5 of 229
E. UNFINISHED BUSINESS
1. Accept status update regarding wage adjustment procedures; and direct sub-team to
bring draft policy to June 28, 2017, regular Business Committee meeting
Sponsors: Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary;
Trish King, Tribal Treasurer; Geraldine Danforth, Area Manager/Human
Resources
pp. 434-435
EXCERPT FROM APRIL 12, 2017: (1) Motion by Lisa Summers to assign the Human
Resources Area Manager and a Oneida Business Committee sub-team consisting of the
Offices of Secretary Lisa Summers, Vice-Chairwoman Melinda J. Danforth, and Treasurer
Trish King to work together to bring forward a revised policy which achieves preservation of
managerial decision-making and checks-and-balances relating to budget requirements for any
type of wage adjustment, raises, bonuses, etc., seconded by Jennifer Webster. Motion carried
unanimously. (2) Motion by Lisa Summers for the Oneida Business Committee sub-team and
Human Resources to bring back a status update to the May 24, 2017, regular Business
Committee meeting agenda in executive session, seconded by Jennifer Webster. Motion
carried unanimously.
2. Review Language House proposal and determine next steps
pp. 436-445
Sponsors: Tehassi Hill, Councilman; Jennifer Webster, Councilwoman; Brandon Stevens,
Councilman (This item is scheduled to begin at 10:30 a.m.)
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Lisa Summers to approve the concept to move
forward; to assign the team members of Councilmembers Tehassi Hill, Jennifer Webster, and
Brandon Stevens to complete the follow-up; and that the final proposal be brought back for
final approval at the May 10, 2017, regular Business Committee meeting, seconded by Trish
King. Motion carried unanimously.
3. Approve final report regarding Tsyunhehkwa
Sponsor:
pp. 446-552
Joanie Buckley, Division Director/Internal Services
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the final recommendations
regarding Tsyunhehkwa to the May 10, 2017, regular Business Committee meeting, seconded
by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Tehassi Hill to accept the Tsyunhehkwa report;
and to request the Internal Services Division Director to bring back final recommendations for
the April 26, 2017, regular Business Committee meeting, seconded by Brandon Stevens.
Motion carried unanimously.
4. Defer applicable documents and policies from Law Office regarding community
concern # 2017-CC-05 to May 24, 2017, regular Business Committee meeting
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 5 of 7
pp. 553-554
Open Packet
Page 6 of 229
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to forward this item to the Law Office
for a legal review of all applicable documents and policies to be brought back at the next
Business Committee meeting or as soon as possible, seconded by Fawn Billie. Motion carried
unanimously.
5. Review applications and appoint appropriate applicants to Oneida ESC Group LLC.
Board of Managers
Sponsor: Lisa Summers, Tribal Secretary
pp. 555-601
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer this item to the next Business
Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.
6. Direct Housing Authority Executive Director to provide update on process to exceed
FY 2016 IHP acquisition/rehabilitation limit
pp. 602-605
Sponsor: Lisa Summers, Tribal Secretary (This item is scheduled to begin at 11:30 a.m.)
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to defer this item to the May 10,
2017, Business Committee meeting, seconded by Fawn Billie. Motion carried with one
abstention.
7. Approve reorganization proposal and consolidation plan
Sponsor:
pp. 606-616
Joanie Buckley, Division Director/Internal Services
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
8. Review community concern # 2017-CC-07
Sponsor:
pp. 617-678
Tina Danforth, Tribal Chairwoman
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
9. Review complaint # 2017-DR08-05 (This item is scheduled to begin at 3:30 p.m.)
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM MAY 10, 2017: Motion by Trish King to defer the remainder of the agenda
to the May 24, 2017, regular Business Committee meeting with the exception of item XIII.E.04
to be processed via E-Poll because there is a deadline to that, seconded by Brandon Stevens.
Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 6 of 7
pp. 679-732
Open Packet
Page 7 of 229
F. NEW BUSINESS
1. Approve limited waiver of sovereign immunity – Wonderlic Inc. – contract # 2017-0155 pp. 733-755
Sponsor:
Ravinder Vir, Medical Director/Comprehensive Health
2. Approve Development Division re-organizational structure (This item is scheduled
to begin at 2:30 p.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
pp. 756-767
3. Determine next steps regarding additional duties compensation for Direct Report – 01 pp. 768-779
Sponsor:
Fawn Billie, Councilwoman
4. Approve three (3) actions regarding Judge of the Court of Appeals resignation
Sponsor:
5. Review OBC liaison concerns regarding Oneida Total Integrated Enterprises LLC.
Sponsor:
pp. 780-784
Melinda J. Danforth, Tribal Vice-Chairwoman
p. 785
Jennifer Webster, Councilwoman
6. Enter E-Poll results in to the record in accordance with OBC SOP Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Failed request to reconsider the changed offer and continue with due diligence
with 3rd party review, per the 4/26/17 OBC action regarding Aimbridge proposal
Requestor:
Trish King, Tribal Treasurer
pp. 786-796
XII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:15 p.m., Friday, May 19, 2017, pursuant to
the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of May 24, 2017
Page 7 of 7
Open Packet
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Open Packet
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Open Packet
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Open Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 24 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer the Oath of Office to Nathan Ness, Joel Maxam, Ronald King, Jr. and Jack Mehojah to serve a two
year term on the Oneida Public Safety Pension Board.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Richard Van Boxtel, Oneida Police Department
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
Page 14 of 229
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Administer the Oath of Office to the following individuals for a two year term to the the Oneida Public Safety
Pension Board:
Nathan Ness
Joel Maxam
Ronald King, Jr.
Jack Mehojah
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
Page 15 of 229
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 24 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Carol Silva and Benjamin Skenandore to the Oneida Nation Veterans Affairs
Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the March 2, 2017 issue of the Kalihwisaks for (2) vacancies on the Oneida Nation Veterans
Affairs Committee for a 3 year term with the deadline of April 3, 2017. There were (6) applicants for the (2)
vacancies on the Oneida Nation Veterans Affairs Committee. The appointment was made on the May 10, 2017
BC Agenda.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 10 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve May 10, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. May 10, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Open Packet
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, May 9, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, May 10, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth (excused at 10:15 a.m.), Treasurer Trish King (excused
at 3:42 p.m.), Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens (excused at
3:43), Jennifer Webster;
Not Present: Secretary Lisa Summers;
Arrived at: Chairwoman Tina Danforth at 2:00 p.m.;
Others present: James Bittorf, Lisa Liggins, Larry Barton, Michele Doxtator, Nathan King, Janice L.
Jourdan, Tim Ninham, Lonnie Metoxen, Floyd Schuman, Keith Danforth, Brandy John, Alvira Close, Jodi
Skenandore, Michelle M. Braaten, Joanie Buckley, Michelle Danforth;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers (excused at 2:10
p.m.), Council members: David Jordan, Brandon Stevens;
Not Present: Vice-Chairwoman Melinda J. Danforth, Councilwoman Jennifer Webster;
Arrived at: Councilwoman Fawn Billie at 10:04 a.m., Councilman Tehassi Hill at 10:07 a.m.;
Others present: Jo Anne House, Brad Graham, Bill Graham, Tammy Skenandore, Mike Debraska,
Geraldine Danforth, Heather Heuer, Jessica Wallenfang, Don Miller, Lora Skenandore, Brian Doxtator,
Florence Petri, Pat Lassila, Trina Villegas, Jen Falck, Cheryl Stevens, Dale Wheelock, RaLinda NinhamLamberies, Arthur Cornelius, Carmelita Escamea, Albert Manders, Cathy Metoxen, Ed Delgado, Danelle
Wilson, George Skenandore, Joanie Buckley, Michelle Gordon, Lisa Liggins, Chris Johnson, RC
Metoxen, Julie Barton, Wes Martin Jr., Pat Pelky, Matt Denny, Barb Kolitsch, Victrietta Hensley, Josh
Cottrell, Nic Reynolds, Dawn Walschinski, Richard Elm-Hill, Marianne Close, David Cluckey, Michele
Doxtator, Bill Vervoort, Michelle Danforth, Kerry Metoxen, Carol Elm, Lois Strong, Arlie Doxtator Sr., Dale
Webster, Mandy Schneider, Nicole Rommel, Priscilla Belisle, Wayne D. Metoxen, Iris Metoxen, Larry
Barton, Paul Witek, Susan White, Wendy Alvarez;
I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 8:00 a.m.
For the record:
Vice-Chairwoman Melinda J. Danforth and Councilwoman Jennifer
Webster are on approved travel attending the WI. Dept. of Health
state/tribal consultation in Hayward, WI. Councilwoman Fawn Billie and
Councilman Tehassi Hill will be arriving late from attending the Greater
Green Bay Economic Development strategic roll-out event at the
Radisson Hotel & Conference Center.
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
Page 1 of 16
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DRAFT
II. OPENING by Tribal Member and ONCOA Vice-Chairman Arlie Doxtator Sr.
A. Special Recognition – Florence Petri – Retirement from Oneida Nation with 31 years of
service
Sponsor:
Geraldine Danforth, Area Manager/Human Resources
Special Recognition by Councilman David Jordan and members of the Oneida Nation Commission on
Aging (ONCOA) of Florence Petri for her retirement from the Oneida Nation after 31 years of service.
B. Special Recognition – Larry Barton – Native American Finance Officers Association
(NAFOA) (1:39:32)
Sponsor:
Tina Danforth, Tribal Chairwoman
Special Recognition by Chairwoman Tina Danforth on behalf of NAFOA of Larry Barton, Chief Financial
Officer, for his contributions to the “Financial Reporting and Information Guide for Tribal Governments
and Enterprises” book a.k.a. “The Orange Book”. Larry Barton acknowledged the Finance Department
staff and gave thanks: RaLinda Ninham-Lamberies, Terry Cornelius, Rae Skenandore, and Denise Vigue.
III. ADOPT THE AGENDA (00:07:26)
Motion by Brandon Stevens to adopt the agenda with the following changes: [Revise title of item VII.A.01.
to read “Accept April 19, 2017, Legislative Operating Committee meeting minutes; move from Executive
Session to Open Session – New Business item XIII.E.03. Approve revised OBC Standard Operating
Procedure entitled Political Appointees; move from Executive Session to Open Session – New Business
item XIII.E.05. Review request from Oneida Personnel Commission and determine appropriate steps; and
add-on a “NAFOA presentation by Chairwoman Danforth” to after Oaths of Office], seconded by David
Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
IV. OATHS OF OFFICE (00:10:07) administered by Secretary Lisa Summers
A. Oneida Nation Veterans Affairs Committee – Arthur Cornelius
B. Oneida Child Protective Board – Carmelita Escamea
C. Environmental Resources Board – Albert Manders and Isaiah Skenandore (Not Present)
Motion by Brandon Stevens to defer the NAFOA presentation until after 9:00 a.m. or until after Larry
Barton arrives, seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
V. MINUTES
A. Approve April 19, 2017, special meeting minutes (00:13:37)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the April 19, 2017, special meeting minutes, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
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DRAFT
B. Approve April 26, 2017, regular meeting minutes (00:14:10)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the April 26, 2017, regular meeting minutes, seconded by Trish King.
Motion carried with one abstention:
Ayes:
Trish King, Brandon Stevens, Lisa Summers
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
C. Approve April 27, 2017, FY ’17 2nd quarter reports meeting minutes (00:16:56)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Trish King to approve the April 27, 2017, FY ’17 2nd quarter reports meeting minutes, seconded
by Brandon Stevens. Motion carried with one abstention:
Ayes:
Trish King, Brandon Stevens, Lisa Summers
Abstained:
David Jordan
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
VI. RESOLUTIONS
A. Adopt resolution entitled 2017 Intertribal Buffalo Council, Buffalo Herd Development Grant
Sponsor:
Larry Barton, Chief Financial Officer (00:26:52)
Motion by Lisa Summers to adopt resolution # 05-10-17-A 2017 Intertribal Buffalo Council, Buffalo Herd
Development Grant with the following changes: [Revise “Oneida Tribe of Indians of Wisconsin” to “Oneida
Nation” in line 26; and revise the alternate to be “RaLinda Ninham-Lamberies, Assistant Chief Financial
Officer” in line 34], seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
B. Adopt resolution entitled FY 2017 Indian Community Development Block Grant
Sponsor:
Dale Wheelock, Executive Director/Oneida Housing Authority (00:29:35)
Motion by Lisa Summers to adopt resolution # 05-10-17-B FY 2017 Indian Community Development
Block Grant, seconded by Trish King. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
C. Adopt resolution entitled Tribal Action Plan (00:33:48)
Sponsor:
Fawn Billie, Councilwoman
Motion by Lisa Summers to adopt resolution # 05-10-17-C Tribal Action Plan, seconded by David Jordan.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
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D. Enter E-Poll results into the record in accordance with OBC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Adoption of resolution entitled Hunting, Fishing and Trapping Amendments and Rules
Extension (00:45:33)
Requestor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to enter the E-Poll results into the record for the adoption of resolution # 04-2517-A Hunting, Fishing and Trapping Amendments and Rules Extension, seconded by David Jordan.
Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman
1. Accept April 19, 2017, Legislative Operating Committee meeting minutes (00:46:16)
Motion by Lisa Summers to accept the April 19, 2017, Legislative Operating Committee meeting minutes,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
B. Finance Committee
Chair: Trish King, Tribal Treasurer
1. Approve May 1, 2017, Finance Committee meeting minutes (1:08:37)
Motion by Trish King to approve the May 1, 2017, Finance Committee meeting minutes, seconded by
David Jordan. Motion carried with three abstentions:
Ayes:
David Jordan, Trish King, Brandon Stevens
Abstained:
Fawn Billie, Tehassi Hill, Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Councilwoman Fawn Billie arrives at 10:04 a.m.
Secretary Lisa Summers departs at 10:05 a.m.
Councilman Tehassi Hill arrives at 10:07 a.m.
Secretary Lisa Summers returns at 10:09 a.m.
Amendment to the main motion by Lisa Summers to defer the topic of Finance Committee agenda item
VII.03. to a Business Committee Officer’s meeting for further conversation; as well as a chronology of
events to be included, seconded by David Jordan. Motion carried unanimously1:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
Councilman David Jordan departs at 10:12 a.m.
Councilman David Jordan returns at 10:23 a.m.
Amendment to the main motion was made and passed before the arrival of Councilmembers Fawn
Billie, and Tehassi Hill and before the main motion was voted on.
1
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C. Quality of Life Committee
Chair: Fawn Billie, Councilwoman
1. Accept March 9, 2017, Quality of Life Committee meeting minutes (1:44:42)
Motion by Trish King to accept the March 9, 2017, Quality of Life Committee meeting minutes, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Motion by Lisa Summers to take a five (5) minute recess at 10:30 a.m., seconded by David Jordan.
Motion carried unanimously: (1:55:15)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Meeting called to order by Chairwoman Tina Danforth at 10:34 a.m.
Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, and Councilwoman Jennifer Webster not
present.
VIII. APPOINTMENTS
A. Approve recommendation to appoint Carol Silva and Benjamin Skenandore to Oneida
Nation Veterans Affairs Committee (1:55:40)
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM APRIL 26, 2017: Motion by Brandon Stevens to defer the recommendations to
the Oneida Nation Veterans Affairs Committee back to the Tribal Chair’s office to confirm her
recommendations, seconded by Tehassi Hill. Motion carried unanimously.
Motion by Lisa Summers to approve the recommendation to appoint Carol Silva and Benjamin
Skenandore to Oneida Nation Veterans Affairs Committee, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Trish King, Jennifer Webster
Treasurer Trish King arrives at 10:36 a.m.
B. Approve up to seven (7) appointments to Oneida Youth Leadership Institute (OYLI) Board
Sponsor:
Joanie Buckley, Division Director/Internal Services (1:56:20)
Motion by Lisa Summers to approve the appointments of Jennifer Hill-Kelly, Elijah Metoxen, Melissa
Metoxen, Margaret Ellis, Jeff House, Margaret King Francour, and Richard Elm-Hill to the Oneida Youth
Leadership Institute (OYLI) Board, noting the first three (3) will have one (1) year terms and the remaining
four (4) will have two (2) year terms, seconded by Fawn Billie. Motion carried with two abstentions:
Ayes:
Fawn Billie, David Jordan, Trish King, Lisa Summers
Abstained:
Tehassi Hill, Brandon Stevens
Not Present:
Melinda J. Danforth, Jennifer Webster
For the record:
Chairwoman Tina Danforth stated I feel that it’s always necessary to be
diligent in preventing any conflict of interest especially regarding financial
matters of the tribe and that it should be duly noted.
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For the record:
Secretary Lisa Summers stated the conversation around the conflict of
interest, the questions were asked and answered appropriately so that
there’s clarity around what the process is going to be moving forward.
IX. NEW BUSINESS
A. Approve three (3) requests regarding CIP project # 07-002 Social Services Building
Remodel (2:21:39)
Sponsor:
Troy Parr, Assistant Division Director/Development-Development
Motion by Lisa Summers to approve the CIP project # 07-002 Social Services Building Remodel – Phase
V; and to approve activation of the funding, seconded by David Jordan. Motion withdrawn.
Motion by Lisa Summers to approve the procedural except to forgo Phase II of the CIP process of routing
the CIP Package to various reviewing entities, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Motion by Lisa Summers to approve the CIP Concept Paper for project # 07-002 Social Services Building
Remodel – Phase V; and to approve activation of the approved FY 2017 CIP budget for CIP # 07-002
Social Services Building Remodel – Phase V, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
B. Approve two (2) requests regarding CIP project # 16-005 Casinos Exterior Enhancements
Sponsor:
Louise Cornelius, Gaming General Manager (2:30:54)
Motion by Lisa Summers to approve the activation of CIP project # 16-005 Casinos Exterior
Enhancements; and to approve the activation of the $500,000 from the approved FY 2017 CIP budget for
CIP # 16-005 Casinos Exterior Enhancements, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
C. Re-post vacancy to Oneida Nation Arts Board (2:34:27)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Fawn Billie to re-post the vacancy to the Oneida Nation Arts Board, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
Secretary Lisa Summers departs at 11:13 a.m.
Councilman Brandon Stevens departs at 11:17 a.m.
Secretary Lisa Summers returns at 11:18 a.m.
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D. Support memorandum regarding Fiscal Year 2018 Budget Directives (2:34:46)
Sponsor:
Trish King, Tribal Treasurer
Motion by Lisa Summers to support the memorandum provided by Trish King dated May 2, 2017,
regarding Fiscal Year 2018 Budget Directives, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers
Not Present:
Melinda J. Danforth, Brandon Stevens, Jennifer Webster
Councilman David Jordan departs at 11:57 a.m.
E. Approve request to have the Oneida Election Board report screening results for all elected
positions to GTC prior to elections (2:42:00)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept the request as information; and to defer the requestor back to the
Oneida Election Board if they have any additional questions, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
Motion by Brandon Stevens to recess at 12:09 p.m. until 1:30 p.m., seconded by Tehassi Hill. Motion
withdrawn.
F. Make determination regarding June 14, 2017, regular Business Committee meeting
Sponsor:
Lisa Summers, Tribal Secretary (3:32:44)
Motion by Brandon Stevens to recommend option #1 to hold Executive Session discussion on June 13,
2017, and hold the regular meeting on June 14, 2017, adjourning at 12:00 p.m. (noon), seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
G. Approve revised OBC Standard Operating Procedure entitled Political Appointees
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman (3:35:11)
Motion by Lisa Summers to approve the OBC SOP entitled Hiring and Negotiating Political Appointments,
with the revision date of April 27, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
H. Review request from Oneida Personnel Commission and determine appropriate steps
Sponsor:
Lisa Summers, Tribal Secretary (3:37:41)
Motion by Lisa Summers to approve the request for sixty (60) days instead of ninety (90) so that we have
a little bit more time on our end to get everything ready, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
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X. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Secretary Lisa Summers – 2017 Crimes Against Children in
Indian Country conference – Carlton, MN – April 24-27, 2017 (3:42:03)
Motion by Fawn Billie to accept the travel report – Secretary Lisa Summers – 2017 Crimes Against
Children in Indian Country conference – Carlton, MN – April 24-27, 2017, seconded by Trish King.
Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth, Jennifer Webster
B. TRAVEL REQUESTS
1. Approve travel request in accordance with Travel & Expense Policy – six (6) Oneida
Child Support staff members – National Tribal Child Support Association conference –
Niagara Falls, NY – July 9-13, 2017 (3:42:36)
Sponsor: George Skenandore, Division Director/Governmental Services
Motion by Lisa Summers to approve the travel request in accordance with the Travel & Expense Policy –
six (6) Oneida Child Support staff members – National Tribal Child Support Association conference –
Niagara Falls, NY – July 9-13, 2017, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
2. Approve travel request in accordance with Travel & Expense Policy – eight (8) Division
of Land Management employees – 2017 Bureau of Indian Affairs (BIA) National Realty
training – Albuquerque, NM – June 5-9, 2017 (3:44:20)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to approve the travel request in accordance with the Travel & Expense Policy –
four (4) Division of Land Management employees – 2017 Bureau of Indian Affairs (BIA) National Realty
training – Albuquerque, NM – June 5-9, 2017, seconded by Brandon Stevens. Motion carried with one
abstention:
Ayes:
Fawn Billie, Trish King, Brandon Stevens, Lisa Summers
Abstained:
Tehassi Hill
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
3. Approve travel request – Councilman Brandon Stevens – 2017 Haskell Board of
Regents spring meeting – Lawrence, KS – May 17-19, 2017 (3:46:14)
Motion by Lisa Summers to approve the travel request – Councilman Brandon Stevens – 2017 Haskell
Board of Regents spring meeting – Lawrence, KS – May 17-19, 2017, seconded by Fawn Billie. Motion
carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Lisa Summers
Abstained:
Brandon Stevens
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
Motion by Lisa Summers to defer OBC resolution # 04-22-15-F to Councilman Brandon Stevens’ Office to
bring back a recommendation on an alternate, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
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C. E-POLLS
1. Enter E-Poll results into the record in accordance with OBC SOP Conducting
Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
a. Approved travel request – Vice-Chairwoman Melinda J. Danforth – National Indian
Health Board (NIHB) & Medicare, Medicaid, and Health Reform Policy Committee
(MMPC) retreat – Portland, OR – May 15-17, 2017 (3:48:37)
Requestor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Fawn Billie to enter the E-Poll results into the record for the approved travel request – ViceChairwoman Melinda J. Danforth – National Indian Health Board (NIHB) & Medicare, Medicaid, and
Health Reform Policy Committee (MMPC) retreat – Portland, OR – May 15-17, 2017, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
b. Approved travel request – Councilwoman Jennifer Webster – National Indian
Health Board (NIHB) & Medicare, Medicaid, and Health Reform Policy Committee
(MMPC) retreat – Portland, OR – May 15-17, 2017 (3:49:16)
Requestor:
Jennifer Webster, Councilwoman
Motion by Tehassi Hill to enter the E-Poll results into the record for the approved travel request –
Councilwoman Jennifer Webster – National Indian Health Board (NIHB) & Medicare, Medicaid, and
Health Reform Policy Committee (MMPC) retreat – Portland, OR – May 15-17, 2017, seconded by Trish
King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
Motion by Tehassi Hill to recess at 12:29 p.m. until 1:30 p.m., seconded by Brandon Stevens. Motion
carried unanimously: (3:50:02)
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, David Jordan, Jennifer Webster
Meeting called to order by Chairwoman Tina Danforth at 1:39 p.m.
Vice-Chairwoman Melinda J. Danforth, Councilman Brandon Stevens, and Councilwoman Jennifer
Webster not present.
XI. OPERATIONAL REPORTS
Councilman Brandon Stevens arrives at 1:42 p.m.
A. Accept Environmental Health & Safety Division FY ’17 2nd quarter report (3:40:25)
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
Motion by Brandon Stevens to accept the Environmental Health & Safety Division FY ’17 2nd quarter
report, seconded by Trish King. Motion carried unanimously:
Treasurer Trish King departs at 1:57 p.m. before voting occurs.
Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers
Melinda J. Danforth, Trish King, Jennifer Webster
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Treasurer Trish King returns at 2:00 p.m.
Secretary Lisa Summers departs at 2:13 p.m.
B. Accept Division of Land Management FY ’17 2nd quarter report (4:07:38)
Sponsor:
Patrick Pelky, Division Director/Land Management
Motion by David Jordan to accept the Division of Land Management FY ’17 2nd quarter report, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
C. Accept Oneida Housing Authority FY ’17 2nd quarter report (4:28:52)
Sponsor:
Dale Wheelock, Executive Director/Oneida Housing Authority
Motion by David Jordan to accept the Oneida Housing Authority FY ’17 2nd quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
D. Accept Human Resources Department FY ’17 2nd quarter report (4:43:23)
Sponsor:
Geraldine Danforth, Area Manager/Human Resources
Motion by David Jordan to accept the Human Resources Department FY ’17 2nd quarter report, seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
E. Accept Internal Services Division FY ’17 2nd quarter report (5:10:56)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by David Jordan to accept the Internal Services Division FY ’17 2nd quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
F. Accept Retail Enterprises FY ’17 2nd quarter report (5:57:20)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
Motion by David Jordan to accept the Retail Enterprises FY ’17 2nd quarter report, seconded by Trish
King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
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XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten
students
1. Accept response memo regarding financial analysis (6:13:08)
Sponsor:
Larry Barton, Chief Financial Officer
EXCERPT FROM JANUARY 25, 2017: Motion by Lisa Summers to accept the legal analysis
as information which was a handout dated January 23, 2017, from Chief Counsel, seconded
by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Trish King to accept the legislative
analysis progress report from December 14, 2016, seconded by Lisa Summers. Motion
carried unanimously. (2) Motion by Lisa Summers to accept the legislative analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Lisa Summers to accept
the legal analysis progress report from December 14, 2016, as information, seconded by
Fawn Billie. Motion carried unanimously. (4) Motion by Lisa Summers to accept the verbal
update regarding the legal analysis for January 13, 2017, noting that the complete analysis
will be provided at the January 25, 2017, regular Business Committee meeting, seconded by
Brandon Stevens. Motion carried unanimously. (5) Motion by Lisa Summers to accept the
financial analysis progress report from December 14, 2016, seconded by Brandon Stevens.
Motion carried unanimously. (6) Motion by Lisa Summers to accept the update regarding the
financial analysis, seconded by Fawn Billie. Motion carried unanimously.
EXCERPT FROM DECEMBER 28, 2016: Meeting cancelled.
EXCERPT FROM DECEMBER 14, 2016: Motion by Jennifer Webster to adjourn at 11:59
a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business
Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding
Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.
Danforth. Motion carried unanimously.
EXCERPT FROM OCTOBER 26, 2016: (1) Motion by Lisa Summers to accept the verified
petition submitted by Edward Delgado regarding Oneida panel of educators and retention of
kindergarten students; and to request appropriate analyses, seconded by Fawn Billie. Motion
carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law,
Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative,
and administrative analyses to be completed, seconded by Fawn Billie. Motion carried
unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative
Reference Offices to submit their analyses within sixty (60) days; and that a progress report
be submitted within forty-five (45) days, seconded by David Jordan. Motion carried
unanimously.
Motion by Tehassi Hill to accept the financial impact memo, seconded by Brandon Stevens. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
B. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana
1. Accept financial analysis (6:14:52) (Not Submitted)
Sponsor:
Larry Barton, Chief Financial Officer
EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis
to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion
carried unanimously.
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EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,
seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to
defer the financial analysis to the April 26, 2017, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative
analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to
defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded
by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the
financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress
report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously.
(2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis,
seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to
accept the progress report regarding the financial analysis, seconded by Brandon Stevens.
Motion carried unanimously.
EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified
petition from Sherrole Benton regarding a request to change pre-employment drug testing for
marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices for the legal, financial, legislative, and administrative analyses to be
completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their
analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be
submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.
Motion by Fawn Billie to defer the financial analysis to the May 24, 2017, regular Business Committee
meeting, seconded by David Jordan. Motion carried unanimously:
Ayes:
David Jordan, Trish King, Brandon Stevens, Lisa Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Jennifer Webster
XIII. EXECUTIVE SESSION
A. REPORTS
1. Accept Retail Enterprises FY ’17 2nd quarter report (6:15:50)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
Motion by Trish King to accept the Retail Enterprises FY ’17 2nd quarter report, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
a. Accept update regarding strategic land purchase (6:16:25)
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the update regarding
strategic land purchase to May 10, 2017, regular Business Committee meeting,
seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM JANUARY 25, 2017: Motion by Lisa Summers to accept the update;
and to request a follow-up report be brought back in approximately sixty (60) days for the
April 26, 2017, regular Business Committee meeting, seconded by Jennifer Webster.
Motion carried unanimously.
Motion by Tehassi Hill to accept the update regarding strategic land purchase, seconded by Trish King.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
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2. Accept Chief Counsel report – Jo Anne House, Chief Counsel (6:17:14)
Motion by Trish King to approve the contract addendum – Karma Group Inc. – contract # 2015-0472,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Motion by Trish King to accept recommendation (1)(c) and recommendation (2) in the Chief Counsel
report dated May 9, 2017, in regards to the New York trademark issue, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Councilman David Jordan departs at 4:11 p.m.
Councilman David Jordan returns at 4:16 p.m.
Motion by Trish King to accept the Oneida Trust Enrollment Committee decision from their memorandum
dated April 25, 2017, as information; to support recommendation #1 regarding the funding source
identified in the decision on enrollment; and to authorize the use of income from the Language
Revitalization Fund for the purpose of making the Minors Trust Account referred to in the decision on
enrollment whole, seconded by Tehassi Hill. Motion not voted on; item tabled.
Motion by David Jordan to table this item until the next meeting and make sure we have Trust Enrollment
Committee representation when we untable it. Motion failed due to lack of support.
Motion by Fawn Billie to table this item for two (2) weeks, seconded by David Jordan. Motion carried with
two opposed:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan
Opposed:
Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Motion by Trish King to accept the Chief Counsel report, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously: (6:37:03)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. AUDIT COMMITTEE (No Requested Action)
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
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D. UNFINISHED BUSINESS
1. Review Language House proposal and determine next steps
Sponsors: Tehassi Hill, Councilman; Jennifer Webster, Councilwoman; Brandon Stevens,
Councilman
EXCERPT FROM MARCH 22, 2017: Motion by Lisa Summers to approve the concept to
move forward; to assign the team members of Councilmembers Tehassi Hill, Jennifer
Webster, and Brandon Stevens to complete the follow-up; and that the final proposal be
brought back for final approval at the May 10, 2017, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
2. Approve final report regarding Tsyunhehkwa
Sponsor:
Joanie Buckley, Division Director/Internal Services
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the final recommendations
regarding Tsyunhehkwa to the May 10, 2017, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 22, 2017: Motion by Tehassi Hill to accept the Tsyunhehkwa
report; and to request the Internal Services Division Director to bring back final
recommendations for the April 26, 2017, regular Business Committee meeting, seconded by
Brandon Stevens. Motion carried unanimously.
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
3. Defer applicable documents and policies from Law Office regarding community
concern # 2017-CC-05 to May 24, 2017, regular Business Committee meeting
Sponsor: Jo Anne House, Chief Counsel
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to forward this item to the Law
Office for a legal review of all applicable documents and policies to be brought back at the
next Business Committee meeting or as soon as possible, seconded by Fawn Billie. Motion
carried unanimously.
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
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4. Review applications and appoint appropriate applicants to Oneida ESC Group LLC.
Board of Managers
Sponsor: Lisa Summers, Tribal Secretary
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer this item to the next
Business Committee meeting, seconded by Jennifer Webster. Motion carried unanimously.
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
5. Direct Housing Authority Executive Director to provide update on process to exceed
FY 2016 IHP acquisition/rehabilitation limit
Sponsor: Lisa Summers, Tribal Secretary
EXCERPT FROM APRIL 26, 2017: Motion by Tehassi Hill to defer this item to the May 10,
2017, Business Committee meeting, seconded by Fawn Billie. Motion carried with one
abstention.
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
E. NEW BUSINESS
1. Approve reorganization proposal and consolidation plan
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
2. Approve Gaming Strategy for FY 2018 budget
Sponsor:
Louise Cornelius, Gaming General Manager
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
3. Approve revised OBC Standard Operating Procedure entitled Political Appointees
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Moved to Open Session – New Business as item IX.G.
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
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4. Affirm or provide alternative direction regarding Aimbridge proposal
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
5. Review request from Oneida Personnel Commission and determine appropriate steps
Sponsor:
Lisa Summers, Tribal Secretary
Moved to Open Session – New Business as item IX.H.
6. Review community concern # 2017-CC-07
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
7. Review complaint # 2017-DR08-05
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Trish King to defer the remainder of the agenda to the May 24, 2017, regular Business
Committee meeting with the exception of item XIII.E.04 to be processed via E-Poll because there is a
deadline to that, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
XIV. ADJOURN
Motion by Brandon Stevens to adjourn at 4:30 p.m., seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens
Not Present:
Melinda J. Danforth, Lisa Summers, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
5
/ 24 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt Resolution Legal Resource Emergency Law
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Memorandum
3. Legislative Analysis
2. Statement of Effect
4. Law
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Jennifer Falck, Director, LRO
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Candice E. Skenandore, Legislative Analyst, LRO
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Attached is a Resolution that adopts the Legal Resource Center law on an emergency basis. On November 14,
2016, the General Tribal Council (GTC) directed the OBC to establish a legal office consisting of advocates and an
advising attorney for GTC. These advocates and attorney are to be elected at the 2017 General Election, to
represent employees employed by the Oneida Nation and Tribal enrolled members that have any type of
litigation at the Oneida Judiciary, and to retain legal counsel specifically for GTC to advise during duly called GTC
meetings.
This Law is being adopted on an emergency basis because the advocates that will provide legal advice and
representation to Tribal members and employees are on the ballot for the July 8, 2017 general election. In
accordance with the Legislative Procedures Act, emergency legislation does not require a public meeting or
fiscal impact statement. If adopted, the law will become effective immediately and will remain in effect for six
months, unless extended for up to an additional six months or the law is permanently adopted.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Open Packet
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Open Packet
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BC Resolution # ________________
Legal Resource Center Emergency Law
WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV,
Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal
Council; and
WHEREAS, on November 14, 2016, the Oneida General Tribal Council approved a motion
directing the Oneida Business Committee to establish a legal office consisting of
advocates and an advising attorney to represent Tribal members and employees in
any type of litigation at the Oneida Judiciary and to advise the Oneida General
Tribal Council during duly called General Tribal Council meetings; and
WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to
enact legislation on an emergency basis, to be in effect for a period of six (6)
months, renewable for an additional six (6) months; and
WHEREAS, adopting an emergency law to create the Legal Resource Center is necessary in
order to preserve the public health, safety, or general welfare of the reservation
population as two (2) advocates are on the ballot for the July 8, 2017 general
election and legislation is necessary to provide structure to the Legal Resource
Center; and
WHEREAS, observance of the adoption requirements under the Legislative Procedures Act for
passage of laws and policies would be contrary to public interest.
NOW THEREFORE BE IT RESOLVED, that the Legal Resource Center law is hereby
adopted on an emergency basis for six (6) months and shall take effect immediately.
BE IT FURTHER RESOLVED, that the Oneida Business Committee is hereby directed to
implement a Transition Plan to include the following:
(1) Elections. The elections for the Legal Resource Center shall be held during the 2017
general election. The election process shall follow the Nation’s Election law and
during the first Legal Resource Center election, the Advocates shall be elected as
follows:
a. The candidate for Advocate with the highest number of votes shall be elected
to a term of four (4) years.
b. The candidate for Advocate with the next highest number of votes shall be
elected to a term of three (3) years.
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BC Resolution _____________
Legal Resource Center Emergency Law
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c. In the event of any tie vote, the provisions of the Nation’s Election law for
resolving a tie vote shall determine the outcome.
(2) Legal Resource Center Opening. The Legal Resource Center shall be open to Tribal
members and employees beginning on February 1, 2018.
BE IT FURTHER RESOLVED, that the Oneida Business Committee is authorized to make
such modifications and additions to the above Transition Plan as it deems necessary to
implement the Legal Resource Center in accordance with the proposed timelines, and shall
subsequently file a report at the annual or semi-annual meeting of the Oneida General Tribal
Council that occurs after the modifications or additions are made.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Legal Resource Center Emergency Law
Summary
This Resolution adopts an emergency law that creates the Legal Resource Center.
Submitted by: Robert J. Collins II, Staff Attorney, Oneida Law Office.
Analysis by the Legislative Reference Office
This Resolution adopts an emergency law that creates the Legal Resource Center. The Legal
Resource Center was approved by General Tribal Council (GTC) motion on November 14, 2016
and establishes a department that will provide legal advice and representation to Tribal members
and employees in cases brought forth in the Judiciary and to represent GTC at GTC meetings.
The Legislative Procedures Act (LPA) allows the Oneida Business Committee (OBC) to take
emergency action to amend a law where it is "necessary for the immediate preservation of the
public health, safety, or general welfare of the reservation population" and when enactment or
amendment of legislation is required sooner than would be possible under the LPA. [See section
109.9-5 of the LPA]. Through this Resolution, the OBC will provide structure to the Legal
Resource Center which will guide the two (2) advocates that are on the ballot for the July 8, 2017
general election by informing the advocates of the general provisions and duties associated with
the Legal Resource Center.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Analysis to Emergency Adoption
2017 05 17
Legal Resource Center
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
GTC Directive
Intent of Law
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
DRAFTER:
ANALYST:
Brandon Stevens
Robert J. Collins
Maureen Perkins
To govern the Legal Resource Center (LRC) including the establishment,
restrictions, prohibitions, filling vacancies, establishing qualifications, election
and duties of attorneys and advocates, and detail the discipline and removal
process.
The purpose of this law is to establish a Legal Resource Center to provide legal
advice and representation to both Tribal members and employees in cases before
the Judiciary and to represent the Oneida General Tribal Council at General Tribal
Council meetings [see 811.1-1].
Judiciary, Employees of the Nation, Tribal members, Supervising Attorney,
Advocates, Oneida General Tribal Council (GTC), Oneida Business Committee
(OBC)
Removal Law, Professional Conduct for Attorneys and Advocates (in
development), Judiciary Rules of Admission
Supervising Attorneys and Advocates are subject to disciplinary actions pursuant
to the Professional Conduct for Attorneys and Advocates law and any other laws
that govern discipline and/or removal of elected positions [see 811.7-1].
Supervising Attorneys and Advocates are subject to the Removal Law if they have
their admission to practice before the Judiciary revoked or no longer qualifies for
the position [see 811.7-2].
This draft is presented for adoption on an emergency basis; meaning no public
meeting is required until the law is submitted for permanent adoption.
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SECTION 2. LEGISLATIVE DEVELOPMENT
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SECTION 3. CONSULTATION
A. The proposed legislation was developed in response to a directive from the GTC. The draft is
presented as emergency legislation because there is not enough time to follow the regular legislative
process to have the legislation in place by the July 8, 2017 General Election.
B. An alternative to this legislation was considered. Early on, there was discussion about setting the
office up as a Tribal corporate entity similar to a legal aid entity; however, based on the motion and
the timelines it was decided that the office would be created via legislation similar to that of the
Judiciary.
C. The benefits to this legislation include the development of the framework as a governing document to
implement the Legal Resource Center to fulfill the GTC directive to elect Advocates and a
Supervising Attorney to represent Tribal members and employees before the Judiciary and to
represent the GTC at GTC meetings.
A. The Oneida Business Committee and the Oneida Judiciary were consulted about the contents of the
legislation.
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B. The laws and rules pertaining to the Judiciary were consulted in the drafting of this legislation.
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
A. This law has been introduced as emergency legislation in order to have a governing document in place
when the Legal Resource Center Advocates are elected at the general election on July 8, 2017. This is
the correct legislative process in light of the fact that there isn’t time to have this law in place by the
election through the regular legislative process.
B. This law was directed by the GTC on 11/14/2016 and added to the Active Files List as an emergency
on 4/5/17.
A. This legislation establishes general provisions related to the Legal Resource Center [see 811.4].
• Established the Legal Resource Center which will provide legal advice and representation to
Tribal members and employees in cases brought before the Judiciary and to represent the GTC at
GTC meetings [see 811.4-1].
• Restrictions are provided which limit the actions of the Legal Resource Center [see 811.4-2].
• The Supervising Attorney or Advocates elected by the GTC may not be elected or appointed to
serve on any of the Nation’s boards, committees or commissions or be otherwise employed,
elected or appointed by the Nation [see 811.4-3].
• Vacancies of the Supervising Attorney or Advocate positions may be appointed by the OBC until
the next general election at which time the successor will be elected to a four (4) year term [see
811.4-4].
• If there is no Supervising Attorney in office (there are no candidates on the July general election
ballot for the Supervising Attorney position), then the Advocates shall assume duties related to:
o [see 811.4-5].
B. The Supervising Attorney is detailed in section 811.5 including:
• Qualifications [see 811.5-1]:
o There shall be at least one full-time elected Supervising Attorney with qualifications
detailed in this section.
• The elected term is four (4) years [see 811.5-2].
• Duties are detailed in section 811.5-3 and include:
o providing legal services
o maintaining ethical standards
o setting up the Legal Resource Center including drafting any rules or standard operating
procedures (SOP’s)
o supervising Advocates and staff
o representing the Legal Resource Center at functions and meetings
o managing the Legal Resource Center including budging and reporting
o advising the GTC at GTC meetings
o providing training to Tribal members regarding the Oneida Code of Laws and the
Judiciary’s processes and procedures
o any other duties prescribed by the Nation’s laws and the Legal Resources Center’s
SOP’s.
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C. The Advocates are detailed in section 811.6 including:
• Qualifications [see 811.6-1]:
o There shall be at least two (2) full time Advocates elected by the Nation’s membership
with qualifications detailed in this section.
Admission to practice before the Judiciary includes standards that appear in
section 811.6-1 and passing a background check, receiving a pardon or
forgiveness from the Nation if the background check includes a conviction of any
offense involving fraud or misrepresentation or any felony [see Judiciary Rules
of Admission Rule 1-2(A)].
• The elected term is four (4) years [see 811.6-2].
• Duties are detailed in section 811.6-3 and include:
o providing legal services
o representing the LRC at functions as appropriate
o maintaining ethical standards
o attending continuous training
o maintaining informed regarding applicable laws
o other duties as assigned by the Supervising Attorney or the laws and rules of the Nation
and the LRC’s SOPs.
o The Advocates are responsible for a portion of the Supervising Attorney’s duties if this
position is vacant [see 811.4-5].
D. Discipline and Removal [see 811.7].
• Supervising Attorneys and Advocates are subject to disciplinary actions according to the
Professional Conduct for Attorneys and Advocates law (under development) and the Removal
Law.
E. Administrative Rulemaking Authority
• The Supervising Attorney shall promulgate rules establishing how clients apply for the Legal
Resource Center’s services [see 811.5-3(l)]. The Advocates shall assume this duty if no
Supervising Attorney is in office [see 811.4-5].
F. The proposed legislation is written clearly and simply.
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SECTION 6. INTENT
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SECTION 7. EFFECT ON EXISTING LEGISLATION
A. The purpose of this law is to provide the foundation for the LRC in order to guide the development of
the office.
B. This legislation clearly applies to the elected positions of the LRC including the Supervising Attorney
and the Advocates.
A. This law does not impact or conflict with any existing laws of the Nation. The Supervising Attorney
and Advocates shall act in accordance with all existing laws and rules of the Nation that establish
guidelines for attorneys and advocates including:
•
The Rules of Civil Procedure [see Chapter 803]
o Establishes the role and responsibilities of attorneys and advocates in the civil
proceedings
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The Rules of Appellate Procedure [see chapter 805]
o Establishes the role and responsibilities of attorneys and advocates in the appellate
proceedings
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Oneida Judiciary Rules of Evidence [see Chapter 804]
o Establishes the attorney-client and advocate-client relationship
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Divorce, Annulment, Legal Separation [see Chapter 702]
o Establishes the role and responsibilities of an attorney or advocate representing a party in
divorce, annulment, or legal separation proceedings.
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Professional Conduct for Attorneys and Advocates law (under development)
o Governs the conduct of attorneys and advocates admitted to practice law before the
Judiciary.
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Judiciary Rules of Admission [See Judiciary Website]
o Establishes minimum requirements for admission to practice before the Judiciary and to
regulate those admitted to practice.
B. Although it is not a conflict; this law establishes Advocates as elected by the membership, whereas the
laws above do not consider advocates to be elected positions; rather non-attorneys admitted by the
Judiciary to practice law as a representative or advisor to a party [see Rules of Civil Procedure,
803.3(a)].
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OBLIGATIONS
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A. This legislation does not impact existing rights, privileges, benefits or obligations.
B. Due process is addressed through the Professional Conduct for Attorneys and Advocates law (in
development) regarding disciplinary action and the Removal Law regarding Supervising Attorneys or
Advocates who have their admission to practice before the Judiciary revoked or no longer qualifies to
serve as a Supervising Attorney or Advocate [see 811.7].
C. The Judiciary Rules of Admission details the revocation process should an attorney or advocate violate
any of the rules of admission and no long qualify to practice before the Judiciary [see Judiciary Rules
of Admission on the Judiciary website].
D. The Supervising Attorney and the Advocates are elected to four year terms. The first election for the
Advocates will be for staggered terms with the Advocate with the highest votes getting a term of four
(4) and the next highest votes with a term of three (3) years [see adopting Resolution].
E. This legislation will not affect any existing legislation or any processes currently in place.
SECTION 9. ENFORCEMENT
A. The Professional Conduct for Attorneys and Advocates law (currently in development) will establish:
• the requirement of competent representation of clients
• the scope of representation, promptness of representation
• the required nature communication with clients
• any legal fees
• the confidential nature of representation
• address any conflicts of interest
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• duties to former clients
• restrictions for former judges, mediators, or peacemakers
• representing clients with diminished capacity
• declining or terminating representation
• duties to perspective clients
• the role as advisor
• candor and impartiality toward the Judiciary
• fairness to opposing party and counsel
• counsel as witness
• admittance to practice and disciplinary matters
• misconduct
• civil actions for negligence or violation of duty
• disciplinary actions
B. The GTC will enforce this law in accordance with the Removal Law which governs the removal of
elected officials [see Removal Law, 104.4-1].
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SECTION 10. ACCOUNTABILITY
A. The Supervising Attorney and the Advocates are elected positions who are accountable directly to the
GTC.
B. The Legal Resource Center will report to GTC on an Annual and Semi-Annual schedule.
C. These reports are available to Tribal members at GTC meetings, on the Members Only website, or
through the Secretary’s Office.
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SECTION 11. OTHER CONSIDERATIONS
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A. Section 109.9-5 of the Legislative Procedures Act authorizes the OBC to temporarily enact an
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emergency law where legislation is necessary for the immediate preservation of the public health,
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safety or general welfare of the reservation population and the enactment or amendment of legislation
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is required sooner than would be possible by utilizing the standard legislative process [see Legislative
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Procedures Act, 109.9-5(b)]. In this situation, there would not be time to implement the law through
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the standard legislative process prior to the Nation’s general election on July 8, 2017.
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If adopted on an emergency basis, this law will become effective immediately, and will remain in
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effect for up to six months, with the possibility of a one-time extension of up to an additional six
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months [see Legislative Procedures Act, 109.9-5(b)].
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B. There are no candidates for the Supervising Attorney position. In this case the elected Advocates will
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be responsible for the implementation of this law and establishing the Legal Resource Center [see
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811.4-5].
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C. The adopting resolution for this legislation includes a transition plan which includes staggered terms
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for the Advocate positions as noted above, and an official opening date for the Legal Resource Center
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of February 1, 2018 to allow the elected Advocates time to create the rules and SOP’s necessary to
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run the LRC [see adopting resolution].
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Title 8. Judiciary – Chapter 811
LEGAL RESOURCE CENTER
811.1. Purpose and Policy
811.2. Adoption, Amendment, Repeal
811.3. Definitions
811.4. General Provisions
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811.5. Supervising Attorney
811.6. Advocates
811.7. Discipline and Removal
811.1. Purpose and Policy
811.1-1. Purpose. The purpose of this law is to establish a Legal Resource Center to provide
legal advice and representation to both Tribal members and employees in cases before the
Judiciary and to represent the Oneida General Tribal Council at General Tribal Council
meetings.
811.1-2. Policy. It is the policy of the Nation to provide legal assistance to its members and
employees in an effort to protect individual rights.
811.2. Adoption, Amendment, Repeal
811.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
811.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
811.2-3. 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.
811.2-4. 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.
811.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
811.3. Definitions
811.3-1. 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) “Advocate” means a person elected by the membership who is a non-attorney admitted to
practice law before the Judiciary and presented to the Court as the representative or
advisor to a party.
(b) “Employee” means any individual hired by the Nation and on the Nation’s payroll
and encompasses all forms of employment, including but not limited to: full-time,
part-time, at-will, elected/appointed officials, political appointees, and contracted
persons.
(c) “Judiciary” means the judicial system responsible for applying the laws of the Oneida
Nation. The three branches, as identified in resolutions BC-05-08-13-A and GTC 01-0713-B are the Family Court, Trial Court, and Appellate Court.
(d) “Nation” means the Oneida Nation.
(e) “Rule” means a set of requirements enacted by an authorized agency in accordance with
the Administrative Rulemaking law based on authority delegated in this law in order to
implement, interpret, and/or enforce this law.
8 O.C. 811 – Page 1
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(f) “Supervising Attorney” means a person elected by the membership who is trained and
licensed to represent another person in Court, to prepare documents, and to give advice or
counsel on matters of law.
(g) “Tribal member” means an individual who is an enrolled member of the Nation.
811.4. General Provisions
811.4-1. Establishment. There is hereby established a Legal Resource Center, which shall
provide legal advice and representation to Tribal members and employees in cases brought forth
in the Judiciary and to represent the Oneida General Tribal Council at General Tribal Council
meetings.
811.4-2. Restrictions. The Legal Resource Center shall not:
(a) Accept a case that is determined to be frivolous or without legal merit. Whenever the
Supervising Attorney or Advocate makes such a determination in a case where a notice of
representation has been filed or an appearance has been made, he or she shall motion the
court for withdrawal;
(b) Accept a case when there is a conflict of interest pursuant to the Professional Conduct
for Attorneys and Advocates law;
(c) Appear in any case before the Judiciary prior to the client applying for the services of
the Legal Resource Center; or
(d) Appear in any case before the Judiciary where the Supervising Attorney or Advocate
does not meet the qualifications established by law.
811.4-3. Prohibitions. While serving a term of office, no Supervising Attorney or Advocate
may:
(a) Be elected or appointed to serve on any of the Nation’s boards, committees or
commissions; or
(b) Be otherwise employed, elected, or appointed by the Nation.
811.4-4. Vacancies. If a Supervising Attorney or Advocate dies, resigns, is removed from
office, becomes incapacitated for a period in excess of one hundred eighty (180) consecutive
days, is declared incompetent by a court of competent jurisdiction, or there are no candidates for
the position in the election, the position shall be declared vacant by the Oneida Business
Committee and the Oneida Business Committee may appoint a successor to fill the position until
the next general election at which time a successor will be elected to a four (4) year term.
811.4-5. Assumption of Duties. If there is no Supervising Attorney in office, then the Advocates
shall share the duties promulgated by sections 811.5-3(b), (d), (e), (f), (g), (h), (l), (m), and (o).
811.5. Supervising Attorney
811.5-1. Qualifications. There shall be at least one (1) full-time Supervising Attorney of the
Legal Resource Center. This position shall be an elected position and shall have the following
qualifications:
(a) is an enrolled Tribal member and is at least twenty-one (21) years of age on the date
of the election;
(b) have a juris doctor (J.D.) degree from an accredited law school;
(c) have at least two (2) years of previous experience practicing law and/or equivalent
combination of education and experience;
(d) be licensed to practice law in the State of Wisconsin and in good standing; and
(e) be admitted to practice before the Judiciary.
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811.5-2. Election. The Supervising Attorney shall be elected by the Nation’s membership to a
term of four (4) years.
811.5-3. Duties. The Supervising Attorney shall have the duty of administering the Legal
Resource Center, which shall include the following:
(a) provide legal services;
(b) oversee the assignment of cases to the Advocates;
(c) supervise the Advocates;
(d) supervise any administrative personnel;
(e) establish standards concerning the training and continued education for the
Advocates;
(f) manage the operation, activities, policies, and procedures of the Legal Resource
Center;
(g) submit an annual budget for consideration by the Oneida General Tribal Council;
(h) provide annual and semi-annual reports to the Oneida General Tribal Council;
(i) represent the Legal Resource Center at functions and meetings where appropriate;
(j) maintain the integrity of the legal process by acting ethically and honestly both in
private and in public and maintaining the strictest of confidentiality;
(k) remain informed about changes to Tribal, state and federal laws, and state and federal
court and administrative hearing body decisions that may impact Indian country;
(l) develop standard operating procedures to ensure confidentiality and accommodate the
handling of potential conflicts of interest by the Legal Resource Center (e.g. should the
Legal Resource Center represent both parties to an action, written informed consent shall
be obtained by both parties prior to the commencement of representation). The
procedures shall not conflict with existing law, including the Professional Conduct for
Attorneys and Advocates law;
(m) promulgate rules establishing how clients apply for the Legal Resource Center’s
services;
(n) advise the Oneida General Tribal Council during General Tribal Council meetings;
(o) provide bi-annual training starting in FY 2018 that is open to all Tribal members and
includes, but is not limited to, training on the Oneida Code of Laws and the Judiciary’s
processes and procedures; and
(p) other duties as prescribed by the Nation’s laws and the Legal Resource Center’s
standard operating procedures.
811.6. Advocates
811.6-1. Qualifications. There shall be at least two (2) full-time Advocates in the Legal
Resource Center. The Advocates shall be elected by the Nation’s membership and have the
following qualifications:
(a) is an enrolled Tribal member and is at least twenty-one (21) years of age on the date
of the election;
(b) have one (1) of the following from an accredited institution:
(1) a juris doctor degree;
(2) a doctor of philosophy degree;
(3) a master’s degree; or
(4) a bachelor’s degree or associate’s degree in one of the following fields of
study, provided that a degree in a similar field of study shall also apply:
(A) Criminal Justice
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(B) Education
(C) Political Science (including Government, Politics or Public Policy)
(D) Human Rights
(E) Journalism
(F) Legal Studies
(G) Native American Studies
(H) Psychology
(I) Sociology
(J) Public Administration
(K) History
(L) Business Administration
(M) Economics or Finance
(N) Philosophy
(O) Judicial Studies
(P) Paralegal Studies
(Q) Family Law
(c) have at least two (2) years of experience in litigation, negotiation, or advocacy and/or
equivalent combination of education and experience; and
(d) be admitted to practice before the Judiciary.
811.6-2. Election. Advocates shall be elected by the Nation’s membership to a term of four (4)
years.
811.6-3. Duties. Advocates shall represent clients in accordance with the Professional Conduct
for Attorneys and Advocates law. In addition to all other duties imposed by this law and other
laws or rules of the Nation, advocates shall:
(a) provide legal services;
(b) complete assignments given by the Supervising Attorney or pursuant to section
811.4-5;
(c) represent the Legal Resource Center at functions and meetings where appropriate;
(d) maintain the integrity of the legal process by acting ethically and honestly both in
private and in public and maintaining the strictest of confidentiality;
(e) attend training and continued education;
(f) remain informed about changes to Tribal, state and federal laws, and state and federal
court and administrative hearing body decisions that may impact Indian country; and
(g) other duties as established by the Supervising Attorney or pursuant to section 811.4-5,
the Nation’s laws and rules, and the Legal Resource Center’s standard operating
procedures.
811.7. Discipline and Removal
811.7-1. Supervising Attorneys and Advocates shall be subject to disciplinary actions pursuant
to the Professional Conduct for Attorneys and Advocates law and any other laws that govern
discipline and/or removal of elected positions.
811.7-2. Supervising Attorneys and Advocates shall at all times be subject to removal. When a
Supervising Attorney or Advocate has their admission to practice before the Judiciary revoked or
no longer qualifies to serve as a Supervising Attorney or Advocate, removal proceedings shall be
commenced in accordance with the Removal Law.
End.
Adopted – BC-______________
8 O.C. 811 – Page 4
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
5
/ 24 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
Approve the LOC Meeting Minutes for May 3, 2017
3. Supporting Materials
Report
Resolution
Contract
Other:
1. LOC Meeting Minutes for May 3, 2017
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Candice E. Skenandore, Legislative Analyst, LRO
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The purpose of this memo is to request the OBC to consider accepting the attached May 3, 2017LOC meeting
minutes. In accordance with the LOC Bylaws, all minutes shall be submitted to the Tribal Secretary's Office within
30 calendar days after approval by the LOC [See LOC Bylaws, 4-2 (a)].
Action Requested:
Accept the LOC meeting minutes of May 3, 2017.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Business Committee Conference Room-2nd Floor Norbert Hill Center
May 3, 2017 9:00 a.m.
Present: Brandon Stevens, Jennifer Webster, Fawn Billie, Tehassi Hill.
Excused: David P. Jordan.
Others Present: Jennifer Falck, Candice Skenandore, Clorissa Santiago, Maureen Perkins, Tani
Thurner, Rae Skenandore, Krystal John, Bonnie Pigman, Laura Manthe, Gene Schubert.
I.
Call to Order and Approval of the Agenda
Tehassi Hill called the May 3, 2017 Legislative Operating Committee meeting to order at
9:00 a.m.
Motion by Jennifer Webster to adopt the agenda, seconded by Fawn Billie. Motion
carried unanimously.
II.
Minutes to be approved
1. April 19, 2017 LOC Meeting Minutes
Motion by Jennifer Webster to approve the April 19, 2017 LOC meeting minutes;
seconded by Fawn Billie. Motion carried unanimously.
III.
Current Business
1. Domestic Animals (Oneida Tribal Regulation of) Amendments (01:03-10:03)
Motion by Fawn Billie to direct the Legislative Reference Office to update the
legislative analysis and then conduct an e-poll to approve the public meeting packet,
and hold a public meeting on June 5, 2017; seconded by Jennifer Webster. Motion
carried unanimously.
Motion by Fawn Billie to forward to the Finance Department for a fiscal analysis to
be completed by June 2, 2017; seconded by Tehassi Hill. Motion carried
unanimously.
2. Landlord-Tenant Permanent Amendments (10:05-11:16)
Motion by Tehassi Hill to approve the public meeting packet and forward the
Landlord-Tenant permanent amendments to a public meeting to be held on June 5,
2017 and to forward to the Finance Department for a fiscal analysis due back to the
Legislative Reference Office on June 2, 2017; seconded by Fawn Billie. Motion
carried unanimously.
3. Conflict of Interest Permanent Amendments (11:17-14:25)
Motion by Tehassi Hill to approve the public meeting packet and forward the Conflict
of Interest permanent amendments to a public meeting to be held on June 5, 2017 and
to forward to the Finance Department for a fiscal analysis due back to the Legislative
Reference Office on June 2, 2017; seconded by Jennifer Webster. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of May 3, 2017
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4. Vehicle Driver Certification and Fleet Management (14:30-15:38)
Motion by Fawn Billie to approve the public meeting packet and forward the Vehicle
Driver and Fleet Management law to a public meeting to be held on June 5, 2017;
seconded by Tehassi Hill. Motion carried unanimously.
Motion by Tehassi Hill to forward to the Finance Department for a fiscal analysis due
back to the Legislative Reference Office on June 2, 2017; seconded by Fawn Billie
Motion carried unanimously.
5. General Tribal Council Meetings Law (15:42-20:54)
Motion by Jennifer Webster to approve the draft and forward the General Tribal
Council Meetings law for a legislative analysis due back to the Legislative Operating
Committee by May 17, 2017; seconded by Tehassi Hill. Motion carried unanimously.
Motion by Jennifer Webster to have Brandon Stevens put the General Tribal Council
Meetings law on the May 15, 2017 Oneida Business Committee work meeting
agenda; seconded by Fawn Billie. Motion carried unanimously.
6. Administrative Rulemaking Law Amendments (20:55-23:02)
Motion by Tehassi Hill to approve the draft Administrative Rulemaking law
amendments and send for legislative analysis due back to the Legislative Operating
Committee by May 17, 2017; seconded by Fawn Billie. Motion carried unanimously.
7. Audit Law Amendments (23:04-32:14)
Motion by Jennifer Webster to approve the public meeting packet and forward the
Audit law amendments to a public meeting to be held on June 5, 2017 and to forward
to the Finance Department for a fiscal analysis due back to the Legislative Reference
Office on June 2, 2017; seconded by Tehassi Hill. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. Conflict of Interest Emergency Amendments E-Poll Results (32:18-32:53)
Motion by Tehassi Hill to accept the e-poll results of April 25, 2017 into the record;
seconded by Fawn Billie. Motion carried unanimously.
Note: During discussion on this matter the Legislative Reference Office Director, Jen
Falck, informed the Legislative Operating Committee that the record of the e-poll
results will be updated in the LOC packet due to include David P. Jordan’s full
response to the e-poll.
2. Children’s Code E-Poll Results (32:55-33:11)
Motion by Fawn Billie to accept the e-poll results of April 20, 2017 into the record;
seconded by Tehassi Hill. Motion carried unanimously
VII.
Executive Session
VIII. Adjourn
Legislative Operating Committee Meeting Minutes of May 3, 2017
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Motion by Jennifer Webster to adjourn the May 3, 2017 Legislative Operating
Committee meeting at 9:33 a.m.; seconded by Fawn Billie. Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of May 3, 2017
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
5
/ 24 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
Review the following Rules per the Administrative Rulemaking Law:
Per Capita Rule No. 1: Distribution Rule Certification
Hunting, Fishing, & Trapping Rule Handbook Certification
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Per Capita Rule Packet
3.
2. Hunting, Fishing, & Trapping Rule Handbook Pkt
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Candice E. Skenandore, Legislative Analyst, LRO
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Attached are the Per Capita Rule No. 1: Distribution Certification Packet and the Hunting, Fishing & Trapping Rule
Handbook Certification for consideration.
On May 17, 2017, the Legislative Operating Committee certified the identified rules. According to the
Administrative Rulemaking Law, the Oneida Business Committee will review the rules and if there are concerns,
work with the Authorized Agency to address them.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Legislative Operating Committee (LOC)
Clorissa N. Santiago, Legislative Reference Office Staff Attorney
May 17, 2017
Certification of Per Capita Law Rule No. 1 – Distributions Rule
The Legislative Reference Office has reviewed the certification packet provided by the Oneida
Trust Enrollment Committee for the Per Capita law Rule No. 1 – Distributions Rule (“the Rule”).
If certified by the Legislative Operating Committee, the Rule Handbook would become effective
on May 17, 2017.
Administrative Record
The certification packet contains all documentation required by the Administrative Rulemaking
law for a complete administrative record.
The certification packet contains:
•
•
•
•
•
•
•
•
•
A memorandum containing the Rule’s procedural timeline;
Updated draft of the Rule;
Summary Report;
Memorandum containing the public comments that were received and the Oneida Trust
Enrollment Committee’s response to each comment;
Public Meeting Sign In Sheet;
Copy of Public Meeting Notice as it appeared in the Kalihwisaks;
Draft of the Rule considered at the public meeting;
The redacted April 4, 2017 Rescheduled Regular Oneida Trust Enrollment Committee
meeting minutes approving the first draft of the Rule; and
The redacted April 24, 2017 regular Oneida Trust Enrollment Committee meeting
minutes approving the public comments and revision to the Rule.
Procedural Requirements
The certification packet illustrates that the promulgation of the rule complies with the procedural
requirements contained in the Administrative Rulemaking law.
In accordance with the Administrative Rulemaking law:
•
•
A public meeting notice for the Rule Handbook was published in the Kalihwisaks on
April 6, 2017;
A public meeting for the Rule Handbook was held on April 21, 2017;
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•
•
•
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The public comment period was held open until April 28, 2017;
The Oneida Trust Enrollment Committee considered and responded to the public
comments received in a memorandum dated April 21, 2017; and
The Oneida Trust Enrollment Committee approved the Rule on April 24, 2017.
Rulemaking Authority
The Rule did not exceed the rulemaking authority granted under the law for which the Rule is
being promulgated.
Conclusion
Promulgation of the Per Capita law Rule No. 1 – Distributions Rule complies with all
requirements of the Administrative Rulemaking law.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Legislative Operating Committee (LOC)
Clorissa N. Santiago, Legislative Reference Office Staff Attorney
May 17, 2017
Certification of Hunting, Fishing and Trapping Law Rule Handbook
The Legislative Reference Office has reviewed the certification packet provided by the
Environmental Resource Board and the Oneida Conservation Department for the Hunting,
Fishing and Trapping law Rule Handbook (“the Rule Handbook”).
If certified by the Legislative Operating Committee, the Rule Handbook would become effective
on May 25, 2017.
Administrative Record
The certification packet contains all documentation required by the Administrative Rulemaking
law for a complete administrative record.
The certification packet contains:
•
•
•
•
•
•
•
•
•
•
•
•
A memorandum containing the Rule’s procedural timeline;
Final draft of the Rule Handbook;
Memorandum from Minnie Garvey, Chairwoman of the Environmental Resource Board
approving the Rule Handbook and stating that the Environmental Resource Board
approved the Rule Handbook at their April 6, 2017 meeting;
Memorandum from Shad L. Webster, Natural Resources Director of the Oneida
Conservation Department approving the Rule Handbook;
Summary Report;
Public Meeting Notice;
Draft of the Rule Handbook considered at the public meeting;
Copy of Public Meeting Notice as it appeared in the Kalihwisaks;
Public Meeting Sign In Sheet;
Public Meeting Transcript;
Memorandum containing the public comments that were received and a response to each
comment; and
Redline draft of Rule Handbook illustrating changes made after the public meeting.
Procedural Requirements
The certification packet illustrates that the promulgation of the rule complies with the procedural
requirements contained in the Administrative Rulemaking law.
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In accordance with the Administrative Rulemaking law:
•
•
•
•
•
•
A public meeting notice for the Rule Handbook was published in the Kalihwisaks on
April 6, 2017;
A public meeting for the Rule Handbook was held on April 21, 2017;
The public comment period was held open until April 28, 2017;
There was one community member in attendance at the public meeting, and no written
comments received during the public meeting or the public meeting comment period;
Public comments were considered and responded to in a memorandum dated May 3,
2017; and
The Environmental Resource Board and the Oneida Conservation Department approved
the Rule Handbook.
Rulemaking Authority
The Rule did not exceed the rulemaking authority granted under the law for which the Rule is
being promulgated.
Conclusion
Promulgation of the Hunting, Fishing and Trapping Rule Handbook complies with all
requirements of the Administrative Rulemaking law.
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Jo Anne House, PhD | Chief Counsel
James R. Bittorf | Deputy Chief Counsel
Law Office
Patricia M. Stevens Garvey
Kelly M. McAndrews
Michelle L. Gordon
Krystal L. John
Robert J. Collins, II
MEMORANDUM
TO:
Legislative Operating Committee
FROM:
Krystal L. John, Staff Attorney
DATE:
May 3, 2017
SUBJECT: Request for Certification of Procedural Compliance – Hunting, Fishing and
Trapping Rule Handbook
The Environmental Resource Board and the Oneida Conversation Department are exercising
their rulemaking authority delegated to them in the Hunting, Fishing and Trapping law.
The contents of this Rule Handbook were mostly contained in the prior draft of the Hunting,
Fishing and Trapping law; this Rule Handbook is newly drafted and is not a revision of a prior
rule.
In accordance with the Administrative Rulemaking law, a public meeting was held for this Rule
Handbook on April 21, 2017 for which the comment period expired on April 28, 2017. There
was only one (1) community member in attendance and no written comments were submitted
during the comment period. The chart below provides a timeline outlining compliance with the
Administrative Rulemaking process.
Rulemaking Timeline
Required Action
Public Meeting notice for the rule is posted in the Kalihwisaks (see page 36)
and on the Oneida Register
Public Meeting held
Public Comment Period closed
Date Completed
April 6, 2017
April 21, 2017
April 28, 2017
The following attachments are included for your review:
1. Hunting, Fishing and Trapping Rule Handbook
2. Environmental Resource Board Approval
3. Oneida Conservation Department Approval
4. Summary Report
5. Public Meeting Packet
6. Copy of the Public Meeting Notice Published in the Kalihwisaks – Page 36 of the April
6, 2017 issue
N7210 Seminary Road ● P.O. Box 109 ● Oneida, WI 54155 ● 920.869.4327
oneida-nsn.gov
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7. Sign in sheet from the April 21, 2017 Public Meeting
8. Public Meeting transcription from the April 21, 2017 Public Meeting
9. Public Meeting response memorandum
10. Redline draft of the final rule comparing it to the rule that received public comment.
In accordance with resolution BC-04-25-17-A, the effective date of the Hunting, Fishing and
Trapping rule handbook shall be the same as for the Hunting, Fishing and Trapping law
amendments, May 25, 2017.
A good mind. A good heart. A strong fire.
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Title 4. Environment and Natural Resources – Chapter 406
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HUNTING, FISHING and TRAPPING
Rule # 1-13 – Hunting, Fishing and Trapping Handbook
I.
Purpose, Authority, Adoption,
Amendment and Repeal
II.
Definitions
III. General Requirements
IV. Available Permits
V. Tree Stands
VI. Blinds
VII. Baiting
VIII. Endangered, Threatened and
Protected Species
IX. Possession, Registration and
Transportation of Carcasses
X. Fishing
XI. General Regulations
XII. Health Advisory
XIII. Enforcement
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I.
Purpose, Authority, Adoption, Amendment and Repeal
1-1. Purpose. The purpose for these rules is to further detail the information related to
harvests, limits, seasons, licenses, and other details to further support the Hunting, Fishing and
Trapping law.
1-2. Authority. The Hunting, Fishing and Trapping law delegated the Environmental
Resource Board and Conservation Department joint rulemaking authority pursuant to the
Administrative Rulemaking law.
1-3. These rules were jointly adopted by the Environmental Resource Board and Conservation
Department in accordance with the procedures of the Administrative Rulemaking law.
1-4. These rules may be amended or repealed by the joint approval of the Environmental
Resource Board and Conservation Department pursuant to the procedures set out in the
Administrative Rulemaking law. For the purpose of future amendments to these rules, each
article is a separate rule and may be amended as such.
1-5. Should a provision of these rules or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of these rules
which are considered to have legal force without the invalid portions.
1-6. In the event of a conflict between a provision of these rules and a provision of another
rule, internal policy, procedure, or other regulation, the provisions of these rules control.
1-7. These rules supersede all prior rules, regulations, internal policies or other requirements
relating to the Hunting, Fishing and Trapping law.
1-8. This article I applies to each subsequent rule listed herein.
II.
Definitions
2-1. This article governs the definitions of words and phrases used within this Handbook. All
words not defined herein are to be used in their ordinary and everyday sense.
(a) “Antlered Deer” means a deer which has either two (2) antlers with two (2) or more
points on each antler or one (1) antler with four (4) or more points where each point must
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measure one (1) inch in length from the main beam and, at a minimum, one (1) antler
must be three (3) or more inches in length.
(b) “Baited Area” means an area within a one hundred (100) yard radius from any
placed bait material, provided that once bait material is placed, the area remains a baited
area for a period of ten (10) calendar days from the date the bait material is either fully
consumed or removed.
(c) “Furbearer” means wildlife taken primarily for the sale of the said wildlife’s pelt and
includes, but is not limited to, mink, muskrat, beaver, weasel, fox, coyote, bobcat, badger
and raccoon.
(d) “Game Fish” means all species belonging to the trout, pike, catfish, bullhead,
sunfish (including blue gill and crappie), bass, and perch families of fish.
(e) “Harass” means to shoot at, disturb, worry, rally, concentrate, harry, chase, drive,
herd, or torment wildlife.
(f) “Open Water” means any water beyond a natural growth of vegetation rooted to
the bottom and extending above the water surface of such height as to offer whole or
partial concealment of the hunter.
(g) “Permanent Tree Stand” means any manufactured or constructed platform
fastened by nails, screws, or other means deemed permanently fixed, for the purpose of
allowing a person to view, observe, or hunt wild animals.
(h) “Possession Limit” means the maximum number of a particular wildlife species
that may be in the possession of a person who has hunted, fished, or trapped two (2) days
or more.
(i) “Raptor” means all hawks, owls, eagles, falcons, and osprey.
(j) “Rifle” means a weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single projectile through a rifle
bore for each single pull of the trigger, and includes any such weapon which may be
readily restored to fire a fixed cartridge.
(k) “Semi-permanent Tree Stand” means any manufactured or constructed platform
fastened, strapped, chained, or otherwise attached to a tree, for the purpose of allowing a
person to view, observe or hunt wild animals.
(l) “Shotgun” means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and made or remade to
use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore
either a number of projectiles (bird shot) or a single projectile for each pull of the trigger
and includes any such weapon which may be readily restored to fire a fixed shotgun
shell.
(m) “Sight Exposed Bait” means any bones, meat or viscera of an animal, bird, or
fish with or without skin, hide or feathers which can be seen from above the bait.
(n) “Size Limit” means the specific minimum length and/or maximum length in
inches of a species of fish that may be possessed legally.
(o) “Small Game” includes, but is not limited to the following: geese, brants, dabbling
ducks, diving ducks, tree ducks, sea ducks, and mergansers; commonly known as rails,
coots, mud hens, and gallinule; commonly known as snipe and woodcock; commonly
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known as grouse, pheasants, partridges, and quail; cottontail rabbit, and gray and fox
squirrel.
(p) “Specified Area” means areas where the taking of fish and wildlife is restricted
to the specifications set forth by the law, rule or Environmental Resource Board
resolutions.
(q) “Unprotected Species” means species which can be hunted year round without
limit and includes: opossum, skunk, weasel, mice, and all other animals not mentioned in
the Hunting, Fishing and Trapping law and these rules.
(r) “Waterfowl” means any wild species of geese, brants, or ducks.
(s) “Wet Set” or “Water Set” means a trap which is staked in such a manner as to
permit the trap or trapped animal to reach water at any point.
III.
General Requirements
3-1. License and Permit on Person. All persons shall have in his/her possession, while hunting,
fishing or trapping within the exterior boundaries of the reservation, a valid Oneida sportsman
license issued by the Department allowing him/her to hunt, fish, or trap on the reservation and, if
the action also requires a permit, the applicable permit also.
3-2. Limit on Non-Tribal Member Licenses. The Department may not issue more than thirtyfive (35) Oneida sportsman licenses to Non-Tribal Members in any calendar year. In addition, in
order for a non-Tribal member to apply for an Oneida sportsman license, the non-Tribal member
shall consent in writing to forfeit any deer hunting privileges granted by a state issued hunting
license/permit in regard to all land within the Reservation boundaries, regardless of ownership
status.
3-3. License Application Deadlines and Expirations. Tribal members, descendants, affiliates of
other tribes and Tribal member’s spouses and/or dependents may apply for a sportsman license at
any time; the application deadline for a non-member sportsman license is the third (3rd) Monday
of August. Sportsman licenses expire each year on August 31st.
3-4. License and Permit Availability and Schedule. Oneida sportsman licenses and permits may
be obtained from the Conservation Department, which is located at N8047 County Road U.
(a) Permit Availability. Nuisance permits, sustenance permits, ceremonial permits and
dog training permits are only available to Tribal members and Tribal members shall
apply for each of these permits separately from the Oneida sportsman license. Turkey
permits are available to all persons eligible for an Oneida sportsman license that is not
limited to fishing, provided that licensees shall apply for turkey permits separately from
the Oneida sportsman license.
(b) License and Permit Schedule. The license and permit schedule is included in these
rules as Attachment A.
3-5. Denial of a License or Permit. An application for a sportsman license or permit may be
denied according to section 406.6-7 of the Hunting, Fishing and Trapping law.
3-6. Applicants born on or after January 1, 1973 shall present a hunter’s education certification
prior to issuance of any sportsman license.
IV.
Available Permits
4-1. Comprehensive List of Available Permits. Subject to the requirements provided in the
Hunting, Fishing, Trapping law and these rules, the Department may issue the following permits,
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provided that in order to be eligible for a permit, a full sportsman license is required; a fishing
only sportsman license is not sufficient:
(a) Tribal Member Ceremonial/Feast Permit;
(b) Disabled Permit;
(c) Nuisance Permit;
(d) Sustenance Permit;
(e) Deer Gun Permit;
(f) Deer Gun Hunter’s Choice Permit;
(g) Deer Bow Permit;
(h) Small Game Permit;
(i) Turkey Permit;
(j) Waterfowl Permit;
(k) Furbearer Permit;
(l) Dog Hunting Permit; and
(m) Found Carcass Permit.
4-2. Responsibility to Set Seasons and Limits. The Environmental Resource Board, with input
from the Conservation Department, shall establish, annually by written Environmental Resource
Board resolution, by no later than the end of March each calendar year, the following and, in
doing so shall consider the supply of wildlife, the needs of conservation, and the objective of
achieving a fair allocation of the harvest:
(a) Any bag limits applicable to various permits.
(b) Any possession limits applicable to various permits.
(c) Season opening and closing dates for each permit, provided that:
(1) Bow deer season may not open before September 1st and may not close any
later than January 31st.
(2) Muzzleloading deer season shall open the calendar day following the close of
the deer gun season and may not close any later than the first Sunday in January.
(3) The season for small game may not begin before September 1st or close later
than March 31st.
(4) The season for waterfowl may not begin before September 1st or close later
than December 31st.
(5) The seasons for furbearers may not begin before October 1st or close later than
April 1st.
(d) Any hunting hour restrictions that may apply to a season, provided that if setting
hunting hours, such hours may not permit hunting prior to thirty (30) minutes before
sunrise or extend beyond fifteen (15) minutes after sunset.
(e) The number of carcass tags that may be issued pursuant to each applicable permit,
which may include limitations based on age, sex, size, species or other factors established
by the Environmental Resource Board. Daily bag and possession limits pursuant to a
small game permit may not exceed a harvest of ten (10) wildlife of each species per day.
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(f) Fish minimum lengths and slot sizes for designated fish species.
(g) Which areas are designated as available for hunting and trapping as indicated on the
Oneida Nation Hunting Map. If the Nation acquires additional properties eligible for
hunting and trapping after the initial annual Oneida Nation Hunting Map has been
approved, the Environmental Resource Board may adopt a revised Oneida Nation
Hunting Map by written resolution. Upon the setting of such designated areas, the
Department shall mark all properties not open for hunting and trapping.
(h) Any designated protected waters in which fishing is not permitted.
4-3. Tribal Member Ceremonial/Feast Permit. In addition to the requirement in section
406.6-2 of the Hunting, Fishing and Trapping law, the following requirements also apply:
(a) A ceremonial/feast permit may not be effective for a period longer than ten (10)
calendar days and may only be issued between the third (3rd) Saturday of September and
the last day of December for any calendar year .
(b) The Department shall indicate on each permit how much wildlife may be taken
pursuant to the permit and which areas are open for the ceremonial/feast hunt.
(c) Permittees shall register any deer harvested pursuant to a ceremonial/feast permit
within twenty-four (24) hours of the harvest.
(d) A ceremonial/feast permit issued for harvested deer may only be issued for antlerless
deer; it is unlawful to harvest an antlered deer under a ceremonial/feast permit.
4-4. Disabled Permit. In addition to the requirements and limitations regarding disabled
permits included in section 406.6-6 of the Hunting, Fishing and Trapping law, a disabled hunter
permit also requires:
(a) The vehicle is located off of the hard surface of the roadway and is not in violation of
any applicable prohibition or restriction that applies to parking, stopping or standing of
the vehicle.
(b) The holder of the permit is not as a designated hunter.
(c) The holder of the permit has obtained permission from any person who is the owner
or lessee of private property across or on to which the holder of the permit intends to
discharge a weapon.
(d) The vehicle bears disabled plates or displays a sign that is at least 11 inches square on
which is conspicuously written “disabled hunter”.
(e) The holder of the permit discharges the weapon away from and not across or parallel
to the roadway.
4-5. Nuisance Animal Removal Permit. For each nuisance animal removal permit, based on
the circumstances and extent of the nuisance, the Department shall provide the amount of
wildlife that the permittee may take pursuant to the permit and may limit the amount based on
age, sex, size, species or other relevant factors established by the Department; the Department
may also the prescribed manner of taking required by the permit. In addition to the requirements
in section 406.8 of the Hunting, Fishing and Trapping law, the following also apply:
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(a) Assistance by the Department. The Department may assist the permittee in taking
and/or trapping a nuisance animal if:
(1) Extraordinary damage is occurring, where the determination of extraordinary
damage is in the Department’s best discretion.
(2) The permittee has demonstrated an inability to harvest an adequate number of
the nuisance animals and damage to the permittee’s property in the current
calendar exceeds, or is likely to exceed, $5,000.00.
(b) Conditions to Nuisance Deer Removal Permits. The following conditions apply to
nuisance deer removal permits:
(1) Permittees and permittees’ agents may hunt deer only during the period from
thirty (30) minutes before sunrise to fifteen (15) minutes after sunset during the
closed deer gun season. During the deer gun season permittees and permittees’
agents shall comply with any restrictions regarding shooting hours.
(2) No deer may be harvested pursuant to a nuisance deer removal permit within
the twenty-four (24) hour period prior to the opening of gun deer season.
(3) The weapon restrictions provided in article 4-7(a)(1) and (2) apply to nuisance
deer removal permits.
(4) If the permittee and/or the permittee’s agent does not fulfill fifty percent
(50%) or more of the nuisance deer removal permit’s quota in the initial thirty
(30) calendar days for which the permit is effective, the Department may
withdraw the permit.
(5) Unless specifically exempt by the Department in the permit, only deer without
antlers or with antlers less than three (3) inches in length may be harvested
pursuant to a nuisance deer removal permit.
(c) Conditions to Nuisance Canadian Geese Removal Permits. The following conditions
apply to nuisance Canadian geese removal permits:
(1) Permittees and/or permittees’ agents may retain any Canadian goose carcasses
harvested pursuant to a nuisance Canadian geese removal permit, provided that
permittees’ agents may only retain carcasses declined by the original permittee.
(2) The weapon restrictions provided in article 4-10(a) apply to nuisance
Canadian geese removal permits.
(3) If during open goose season, the Department may not issue an applicant a
nuisance Canadian geese removal permit until all of the applicant’s goose carcass
tags under the goose permit have been filled.
4-6. Sustenance Permits. The Department may issue sustenance permits to Tribal Members
who are in need of nourishment which allows the permittee to harvest one (1) additional
antlerless deer throughout the course of the open deer bow, gun or muzzleloader seasons. Only
one (1) sustenance permit may be issued per household. Permittees may designate a hunter to
hunt on the permittee’s behalf in accordance with section 406.9-4 of the Hunting, Fishing and
Trapping law. Permittees shall register any deer harvested pursuant to a sustenance permit within
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twenty-four (24) hours of the harvest. The weapon restrictions provided in article 4-7(a)(1), (2)
and (3) below apply to sustenance permits.
4-7. Deer Permits. This article applies to deer gun, deer bow and deer hunter’s choice permits.
(a) Restrictions on Deer Permits.
(1) Firearms Restrictions. No person may hunt deer with:
(A) A rifle, with a shot gun smaller than twenty (20) gauge or larger than
ten (10) gauge, or with a muzzleloader smaller than .40 caliber.
(B) Any handgun which is loaded with caliber chambered for
commercially manufactured center fire cartridge which produce a muzzle
velocity of nine hundred fifty (950) feet per second and no more than two
thousand two hundred (2,200) feet per second and has a barrel length of
five (5) inches measured from the muzzle to the firing pin with the action
closed. Hunters using handguns for deer hunting may possess other
firearms legal for the zone in which they are hunting deer.
(2) Deer Archery Season Regulations.
(A) No person may hunt deer with a bow having a pull strength less than
thirty-five (35) pounds or using an arrow that does not have a broadhead.
(B) No person may hunt deer with a crossbow, unless the crossbow:
(i) Is fired from the shoulder;
(ii) Has a minimum draw weight of one hundred (100) pounds;
(iii) Has stock of not less than thirty (30) inches in length;
(iv) Is used with arrows or bolts of not less than fourteen (14)
inches in length with a broadhead; and
(v) Has a working safety.
(C) No person may possess a deer harvested with a firearm during an
archery only deer hunting season.
(D) No person hunting deer under the authority of an archery deer permit
may have a firearm in his/her possession unless participating in
muzzleloading season or using a ceremonial/feast permit.
(E) Group hunting is not permitted during deer archery hunting seasons.
(3) Archery Hunting During Deer Gun Season. A person may hunt deer with
archery equipment during deer gun season and shall tag any such harvested deer
with either a deer gun or deer bow tag, provided that the blaze orange
requirements in this article apply.
(4) Blaze Orange Required. During the gun deer season and muzzleloading
season, no person shall hunt any wildlife, except waterfowl, unless at least fifty
percent (50%) of the person’s outer clothing above the waist is colored
blaze/hunter orange.
(5) Hunting Deer with Dogs Prohibited. No person may hunt deer with the aid of
a dog(s).
(6) Removal and Retention of Carcass Tags. Permittees that harvest deer shall
ensure that deer carcass tags remain attached to the deer until the carcass is
butchered or processed for consumption and, once the carcass tag is removed
from the deer, shall retain the carcass tag until all of the meat from the subject
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carcass has been consumed. A person who receives meat from another as a gift is
not required to possess the carcass tag, provided that the permittee gifting the
meat shall provide the receiver with the carcass tag number pursuant to which the
meat was harvested.
(7) Designated Hunters. Designated deer hunters may only take antlerless deer
and, regardless of the number of tags issued to the original permittee, may fill a
maximum of two (2) deer carcass tags on behalf of the original permittee.
(8) Registration.
(A) Permittees shall register deer harvested by a firearm during the gun
deer season no later than 4:00 p.m. the day after the close of the gun deer
season.
(B) Permittees shall register all deer harvested by a bow and arrow, cross
bow or muzzleloader no later than 4:00 p.m. on the third (3rd) day after the
deer was harvested.
(b) Deer Hunter’s Choice Permits. Deer hunter’s choice permits may be issued to Tribal
Member elders and first time graduates of a hunter safety program. A deer hunters
choice permit allows the permittee to harvest an additional antlerless deer during the gun
season and, if the tag has not been filled, extending into the deer muzzleloading season.
Permittees may designate a hunter to hunt on the permittee’s behalf in accordance with
section 406.9-4 of the Hunting, Fishing and Trapping law.
4-8. Small Game Permit. No person may take, pursue, injure, or harass small game while on
or in its nest or den, or remove any eggs or young except as may be approved in advance by the
Environmental Resource Board for activities which may include, but are not limited to, normal
agricultural or horticultural practices or wildlife research practices.
(a) Permissible Methods. The hunting of small game birds is restricted to the use of an
air rifle, shotgun or bow and arrow. The hunting of small game mammals is restricted to
the use of an air rifle, shotgun, rifle, or bow and arrow.
(1) Firearm Restrictions. No person may hunt small game:
(A) With a shotgun larger than ten (10) gauge.
(B) With a rifle or handgun larger than .22 caliber, including both rim fire
and center-fire cartridges.
(C) Rifles or handguns may not be used for hunting birds.
(D) With a handgun with a barrel less than five and a half (5) inches in
length as measured from the muzzle to the firing pin with action closed.
(E) While possessing shot shells larger than two (2) shot or while
possessing slugs, except that during deer gun season, a person having both
an Oneida sportsman license and a deer gun hunting permit may possess
slugs while hunting small game.
(E) With any type of shell, cartridge or altered projectile or device which
is not considered a factory load, copy or style.
(2) Bow and Arrow Restrictions. No person may hunt small game:
(A) With a bow having a pull or draw strength less than thirty-five (35)
pounds.
(B) With arrows less than twenty-four (24) inches in length or without at
least three (3) untrimmed feathers or five (5) trimmed feathers.
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(b) Use of Dogs. Dogs may be used while hunting small game.
4-9. Turkey Permit. An issued turkey permit authorizes the permittee to hunt turkey during
both the spring and fall seasons; a separate permit is not required for each season. Hunting dogs
may be used during the fall turkey season. Designated hunters named pursuant to a turkey permit
and based on the requirements of the Hunting, Fishing and Trapping law in section 406.9-4 may
fill a maximum of two (2) turkey tags for the original permittee, regardless of the number of tags
issued to the original permittee.
4-10. Waterfowl Permit. An issued waterfowl permit authorizes the permittee to hunt
waterfowl during the set season, but does not authorize permittees to possess live waterfowl;
permittees shall kill all waterfowl immediately once possession is gained.
(a) Permissible Methods. No person may take waterfowl with a trap, net and/or
fishhook.
(1) Firearms Restrictions. No person may hunt waterfowl:
(A) With a shotgun larger than ten (10) gauge; duck plugs are not required.
(B) With a rifle of any type.
(C) With a shotgun with a barrel length less than eighteen (18) inches.
(D) With a handgun of any type.
(E) While in possession of lead shot.
(2) Bow and Arrow Restrictions. No person may hunt waterfowl:
(A) With a bow having a pull or draw strength less than thirty-five (35)
pounds.
(B) With arrows less than twenty-four (24) inches in length or without at
least three (3) untrimmed feathers or five (5) trimmed feathers.
(3) Migratory Bird Calls. No person may use electronic calls of any type to hunt
waterfowl.
(4) Hazing. No person may drive, rally or chase waterfowl with any motorized
conveyance in order to force the waterfowl into hunters’ range.
(5) Live Decoys. No person may hunt waterfowl with the aid of live decoys. All
live, tame or captive waterfowl shall be removed for a period of ten (10)
consecutive days prior to hunting and confined within an enclosure which
substantially reduces the audibility of the waterfowls’ calls and completely
conceals the captive waterfowl from the sight of any non-captive waterfowl.
(6) Decoys. No person hunting waterfowl may place decoys beyond two hundred
(200) feet from the cover or blind in which the person is located. No person
hunting waterfowl may:
(A) Place decoys in the water prior to one (1) hour before opening of
waterfowl hunting time.
(B) Leave decoys in the water more than twenty (20) minutes after the
close of waterfowl hunting time.
(b) Blind Restrictions. No person hunting waterfowl may establish a waterfowl hunting
blind, including the bed of any navigable lake, reservoir, pond or stream, prior to seven
(7) days before the waterfowl hunting season or leave it established beyond seven (7)
days after the close of the waterfowl hunting season.
(c) Open Water Hunting. Unless pursuing a crippled waterfowl, waterfowl may not be
hunting from a moving watercraft. If a motorized watercraft is used to pursue a crippled
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waterfowl into open water, the motor must be shut off and all forward movement of the
boat must cease before loading and shooting at the crippled waterfowl.
4-11. Furbearer Permit. A furbearer permit authorizes Tribal members to operate an
unlimited number of traps or snares in any combination and authorizes spouses or dependents of
Tribal members or persons affiliated with another tribe to operate a maximum of one hundred
and fifty (150) traps or snares in any combination.
(a) Permissible Methods. No person may:
(1) Trap with any leg hold dry set trap larger than a number four (4).
(2) Trap with any leg hold wet set trap larger than a number five (5).
(3) Trap within twenty-five (25) feet of any sight-exposed bait.
(4) Set any trap or snare unless a metal tag is attached, stamped, or engraved
legibly upon the trap or snare which has the owner’s enrollment number and/or
the name, address, and phone number.
(5) Take mink or muskrat by means other than trapping or snaring.
(6) Use any traps to take any wildlife not specified as furbearers.
(7) Possess any trap for the purpose of trapping furbearers other than a leg hold
trap, live trap, conibear trap, snare or colony trap.
(8) Firearm Restrictions. No person may hunt small game:
(A) With a shotgun larger than ten (10) gauge.
(B) With a rifle or handgun larger than .22 caliber, including both rim fire
and center-fire cartridges, provided that a permittee may use up to a .223
caliber for fox and coyote hunting.
(C) With a handgun with a barrel less than five and a half (5) inches in
length as measured from the muzzle to the firing pin with action closed.
(D) While possessing shot shells larger than two (2) shot or while
possessing slugs, except that:
(i) During deer gun season, a person having both an Oneida
sportsman license and a deer gun hunting permit may possess slugs
while hunting furbearer; and
(ii) A buckshot may be used for hunting fox and coyote.
(E) With any type of shell, cartridge or altered projectile or device which
is not considered a factory load, copy or style.
(9) Bow and Arrow Restrictions. No person may hunt small game:
(A) With a bow having a pull or draw strength less than thirty-five (35)
pounds.
(B) With arrows less than twenty-four (24) inches in length or without at
least three (3) untrimmed feathers or five (5) trimmed feathers.
(b) Set and Placement Restrictions. No person trapping furbearers may:
(1) Operate trap sets which permit the trapped animal to reach water, except
during the operation of a wet set or colony trap during applicable furbearer
seasons.
(2) Set any trap on any perch more than three (3) feet above the ground.
(c) Trap Tending. Permittees shall check all dry set traps at least once every twenty-four
(24) hours and shall and remove any wildlife trapped therein. Permittees shall check all
wet set traps at least once every four (4) calendar days and shall remove any wildlife
trapped therein.
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(d) Use of Dogs. Dogs may be used while hunting raccoon, coyote and fox.
(e) Permission to Hunt from a Motor Vehicle. Permittees may request permission to hunt
furbearers from a motor vehicle; absent permission from the Department it is not
permissible to hunt, kill or harass furbearers from any type of motor vehicle.
4-12. Dog Training Permit. The Department may issue dog training permits to persons who
wish to possess and release small game birds for dog training purposes. The permit shall contain
requirements such as the location where the birds will be released and, if applicable, the
maximum number of birds that may be released.
(a) Prior to being released, the permittee shall mark and identify all birds to be released
by fixing a leg band to the bird’s leg which identifies the dog training permit number.
(b) The following small game birds may be released pursuant to a dog training permit:
(1) Pheasant;
(2) Grey partridge;
(3) Red Legged Partridge;
(4) Bob White Quail;
(5) Chukar Partridge; and
(6) Pharo Pigeons.
(c) The approval of the Environmental Resource Board is required, prior to release,
should a permittee wish to release a small game bird that is not included in the list of
authorized small game birds provided in article 4-12(b).
4-13. Found Carcass Permit. A found carcass permit is available to Tribal members only for
any wildlife found injured and/or killed by any non-hunting related cause. To obtain a Found
Carcass Permit, the requestor shall contact the Department and provide the location of the found
carcass. After inspecting the condition of the wildlife, the Department shall either issue the
requestor a Found Carcass Permit or deny the permit and take the carcass into possession.
V.
Tree Stands
5-1. Permanent Tree Stands Prohibited on the Nation’s Lands. Permanent tree stands may
not be erected on land owned by the Nation.
5-2. Semi-Permanent Tree Stands. Semi-permanent tree stands may be put, but not sooner than
two (2) weeks before the archery season opens and shall be removed no later than April 1st.
5-3. Tree Stand Owner Information. All tree stands must be stamped with the owner’s
enrollment number and/or name, address and phone number for identification.
VI.
Blinds
6-1. If a blind is constructed with manufactured materials, such blind requires identification
either with a tag affixed to the blind or engraved directly into the blind which contains the
owner’s enrollment number and/or name, address and phone number for identification.
6-2. During the gun deer season and muzzleloading season, no person shall occupy a blind
unless there is three hundred sixty (360) degrees of visible blaze orange on the blind.
VII. Baiting
7-1. Persons may not:
(a) Use bait material, which includes, but is not limited to, liquid or scent, for attracting
wildlife:
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(1) which contains or, at the time of use, is contained within: honey, bones, fish,
meat, solid animal fat, parts of animal carcasses, metal, paper, plastic, glass, wood
(other than hollow stumps, or other non-degradable materials;
(2) in excess of ten (10) gallons of bait material in a baited area, provided that,
salt and salt blocks are excluded from this restriction.
(b) Hunt waterfowl with the aid of bait other than grain crops left in the field due to
normal agricultural practices.
(c) Hunt over bait materials, regardless of whether or not the bait materials were
intentionally placed as bait, which do not comply with the requirements of these rules.
VIII. Endangered, Threatened and Protected Species
8-1. Absent a nuisance permit, no person may take or kill any endangered, threatened or
otherwise protected species or damage or tamper with the nests or eggs of an endangered,
threatened or otherwise protected species on the reservation.
8-2. A federal permit issued by the United States Fish and Wildlife Service is required in
order for any Tribal member possess an eagle or any part thereof. Tribal members may request
application forms directly from the United States Fish and Wildlife Service, the Department shall
also have copies of the application forms available.
IX.
Possession, Registration and Transportation of Carcasses
9-1. Attachment of Carcass Tags. For wildlife subject to permit that includes carcass tags,
upon taking of the wildlife, the permittee shall immediately attach the carcass tag as follows:
Wildlife Species Required Method of Carcass Tag Attachment
Deer
Attach to antler, ear or hind leg
Goose
Attach to featherless portion of the leg
Turkey
Attach to featherless portion of the leg
9-2. Wildlife Registration. Except for deer during deer gun hunting season or where shorter
timeframes are provided in these rules, a permittee taking wildlife pursuant to a permit which
requires a carcass tag shall register the said wildlife with the Department within three (3)
calendar days of the taking. Permittee may register wildlife at the Department or any other
registration area designated by the Department. Deer harvested during deer gun hunting season
shall be registered by 4 pm the day after close of the firearm season. Deer registration tag should
be retained with meat until consumed.
9-3. Wildlife Transportation. Wildlife may not be transported by persons that do not possess
the required Oneida sportsman license and any applicable permits. A person may only transport
his or her own lawfully possessed wildlife.
(a) Birds. Permittees shall ensure that, at a minimum, the fully feathered head or one (1)
fully feathered wing remains attached to each bird that is transported from the field until
the bird reaches the permittees residence or processing location.
(b) Fish. While in transportation, all fish must be able to be readily counted. Fish may
be dressed, but permittees shall ensure that the body of each fish remains intact while the
fish is transported from the water until the fish reaches the permittee’s residence or
processing location.
(c) Found Carcasses. Persons finding wildlife carcasses may not transport said carcasses
until such person has applied for and received a Found Carcass Permit from the
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Department. Permittees shall abide by any requirements of the Found Carcass Permit,
including those related to carcass tags and transportation of the carcass.
(d) Registration Required Prior to Transportation. Wildlife subject to registration
requirements may not be transported off of the reservation until all registration
requirements have been satisfied.
(e) Accompaniment of Wildlife Pending Registration. Permittees shall accompany all
wildlife harvested subject to registration requirements at all times until all registration
requirements have been satisfied. No person may knowingly accept for and transport
another’s wildlife without the valid license and permit holder present. This provision
does not apply to authorized enforcement persons who, in the course of their duties, may
be required transport seized wildlife.
X.
Fishing
10-1. Seasons. The fishing season shall be continuous (year-round) unless specific seasons
are established in accordance with article 4-2 of these rules. Further, fishing hours are not
limited.
10-2. Possession and Bag Limits. Persons fishing shall comply with any possession, size and
bag limits applicable to fish as established in accordance with article 4-2 of these rules.
10-3. Fishing Restricted to Authorized Methods. No person may take or kill fish by any
method other than rods, lines and bare hooks, baited fish hooks, nets, spears, use of hands, and
bows/arrows, except that bows/arrows may not be used on rough fish. For the purpose of this
section, rough fish means carp, all sucker species and sheep head.
10-4. Firearm Restriction. No firearms may be used while fishing.
10-5. Trespass. No person may fish on private waters without permission from the owner or
occupant. No person may fish on Tribal, state, or federal refuge waters or protected waters.
10-6. Trading of Fish. All fish caught or taken by any means may be traded, provided that
persons shall comply with possession and bag limits at all times, regardless of trading.
10-7. Ice Fishing. Ice fishing holes may not be larger than ten inches (10") in diameter. While
ice fishing, a person may not use more than four (4) fishing lines at one (1) time.
10-8. Attending Lines – Lines may not be left unattended.
XI.
General Regulations
11-1. Persons may not:
(a) Hunt with a handgun if under the age of eighteen (18) unless under the immediate
supervision of a parent or responsible adult.
(b) Transport, deliver, receive, or offer to deliver or receive for transporting any wildlife
or part thereof at any time other than during the open season and three (3) calendar days
after.
(c) Exceed daily bag or possession limits, or possess wildlife above or below the size
limits established in accordance with article 4-2 of these rules.
(d) Possess any live wildlife unless authorized by the Department.
(e) Hunt species for which hunting seasons are not established, hunt wildlife during the
closed season, or hunt wildlife in a refuge/closed area.
(f) Hunt any species more than fifteen (15) minutes after sunset or more than thirty (30)
minutes before sunrise during the gun deer season. Except during the gun deer hunting
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season, coyote, fox, raccoon and unprotected species may be hunted without hunting hour
restrictions.
(g) Leave, deposit, place or throw on the waters, ice, shores of water or upon Tribal land,
any empty receptacles containing bait, fish offal, fish carcasses, and/or fish parts.
(h) Catch, kill or take frogs and turtles except by the following authorized methods: hand,
dip net, hook and line, or spear.
(i) Shine while in possession of a firearm, bow or crossbow.
(j) Hunt in a party of more than ten (10) persons.
XII. Health Advisory
12-1. Fish caught in Duck Creek, ducks, geese, and other wildlife may contain PCB’s.
Women and children are most at risk for health defects. Detailed information is available
from the Oneida Conservation Department.
XIII. Enforcement
13.1. Fine and Penalty Schedule. Violation of the Hunting, Fishing and Trapping law and/or
rules may result in the fines/penalties as provided in the Fine and Penalty Schedule, which is
incorporated into these rules as Attachment B.
13.2. Animal Assessments. In the event the Board finds a violation of the Hunting, Fishing and
Trapping law and/or rules, in addition to imposing a fine or penalty, it may also impose a
wildlife protection assessment (civil recovery value) as provided in the Animal Assessment
Schedule, which is incorporated into these rules as Attachment C.
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ATTACHMENT A ‐ LICENSE AND PERMIT SCHEDULE
License or Permit Name
Application Deadline**
Oneida Sportsmans License
Adult Tribal Member
Elder/Disabled Tribal Member
Youth Tribal Member
Spouse or Dependent of a Tribal Member
Elder Spouse or Elder Dependent of a Tribal Member
Adult Descendant/Other Tribal Affiliation
Elder Descendant/Other Tribal Affiliation
Youth Descendant/Other Tr
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