# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A065f3c495f2494cd ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 Page 8 of 229 Open Packet Page 9 of 229 Open Packet Page 10 of 229 Open Packet Page 11 of 229 Open Packet Page 12 of 229 Open Packet Page 13 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 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 Page 16 of 229 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 Page 17 of 229 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 Page 18 of 229 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 Open Packet Page 19 of 229 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 Page 2 of 16 Open Packet Page 20 of 229 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 3 of 16 Open Packet Page 21 of 229 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 4 of 16 Open Packet Page 22 of 229 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 5 of 16 Open Packet Page 23 of 229 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 6 of 16 Open Packet Page 24 of 229 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 7 of 16 Open Packet Page 25 of 229 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 8 of 16 Open Packet Page 26 of 229 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 9 of 16 Open Packet Page 27 of 229 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 10 of 16 Open Packet Page 28 of 229 DRAFT 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. Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 11 of 16 Open Packet Page 29 of 229 DRAFT 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 Oneida Business Committee Regular Meeting Minutes DRAFT of May 10, 2017 Page 12 of 16 Open Packet Page 30 of 229 DRAFT 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 Page 13 of 16 Open Packet Page 31 of 229 DRAFT 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 Page 14 of 16 Open Packet Page 32 of 229 DRAFT 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 Page 15 of 16 Open Packet Page 33 of 229 DRAFT 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 Page 16 of 16 Open Packet Page 34 of 229 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. Page 1 of 2 Unbudgeted Open Packet Page 35 of 229 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 Page 36 of 229 Open Packet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Page 37 of 229 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. Open Packet Page 38 of 229 BC Resolution _____________ Legal Resource Center Emergency Law Page 2 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 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. Open Packet Page 39 of 229 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. Page 1 of 1 Open Packet Page 40 of 229 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 SECTION 2. LEGISLATIVE DEVELOPMENT 14 15 16 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. Page 1 of 5 Open Packet Page 41 of 229 Analysis to Emergency Adoption 2017 05 17 17 18 B. The laws and rules pertaining to the Judiciary were consulted in the drafting of this legislation. 19 20 21 22 23 24 25 26 SECTION 4. PROCESS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 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. Page 2 of 5 Open Packet Page 42 of 229 Analysis to Emergency Adoption 2017 05 17 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 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. 89 90 91 92 93 94 95 SECTION 6. INTENT 96 97 98 99 100 101 102 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 Page 3 of 5 Open Packet Page 43 of 229 Analysis to Emergency Adoption 2017 05 17 • 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 The Rules of Appellate Procedure [see chapter 805] o Establishes the role and responsibilities of attorneys and advocates in the appellate proceedings • Oneida Judiciary Rules of Evidence [see Chapter 804] o Establishes the attorney-client and advocate-client relationship • 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. • Professional Conduct for Attorneys and Advocates law (under development) o Governs the conduct of attorneys and advocates admitted to practice law before the Judiciary. • 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)]. 122 SECTION 8. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 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 Page 4 of 5 Open Packet Page 44 of 229 Analysis to Emergency Adoption 2017 05 17 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 • 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]. 161 162 163 164 165 166 167 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. 168 SECTION 11. OTHER CONSIDERATIONS 169 A. Section 109.9-5 of the Legislative Procedures Act authorizes the OBC to temporarily enact an 170 emergency law where legislation is necessary for the immediate preservation of the public health, 171 safety or general welfare of the reservation population and the enactment or amendment of legislation 172 is required sooner than would be possible by utilizing the standard legislative process [see Legislative 173 Procedures Act, 109.9-5(b)]. In this situation, there would not be time to implement the law through 174 the standard legislative process prior to the Nation’s general election on July 8, 2017. 175 If adopted on an emergency basis, this law will become effective immediately, and will remain in 176 effect for up to six months, with the possibility of a one-time extension of up to an additional six 177 months [see Legislative Procedures Act, 109.9-5(b)]. 178 B. There are no candidates for the Supervising Attorney position. In this case the elected Advocates will 179 be responsible for the implementation of this law and establishing the Legal Resource Center [see 180 811.4-5]. 181 C. The adopting resolution for this legislation includes a transition plan which includes staggered terms 182 for the Advocate positions as noted above, and an official opening date for the Legal Resource Center 183 of February 1, 2018 to allow the elected Advocates time to create the rules and SOP’s necessary to 184 run the LRC [see adopting resolution]. 185 186 Page 5 of 5 Open Packet Page 45 of 229 Draft 5 2017 05 17 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 811.5. 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 Open Packet Page 46 of 229 Draft 5 2017 05 17 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 (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. 8 O.C. 811 – Page 2 Open Packet Page 47 of 229 Draft 5 2017 05 17 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 811.5-2. 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 8 O.C. 811 – Page 3 Open Packet Page 48 of 229 Draft 5 2017 05 17 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 (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 Open Packet Page 49 of 229 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. Page 1 of 2 Unbudgeted Open Packet Page 50 of 229 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 Page 2 of 2 Open Packet Page 51 of 229 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 Page 1 of 3 Open Packet Page 52 of 229 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 Page 2 of 3 Open Packet Page 53 of 229 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 Page 3 of 3 Open Packet Page 54 of 229 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 Open Packet Page 55 of 229 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 Open Packet Page 56 of 229 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; Page 1 of 2 Open Packet • • • Page 57 of 229 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. Page 2 of 2 Open Packet Page 58 of 229 Open Packet Page 59 of 229 Open Packet Page 60 of 229 Open Packet Page 61 of 229 Open Packet Page 62 of 229 Open Packet Page 63 of 229 Open Packet Page 64 of 229 Open Packet Page 65 of 229 Open Packet Page 66 of 229 Open Packet Page 67 of 229 Open Packet Page 68 of 229 Open Packet Page 69 of 229 Open Packet Page 70 of 229 Open Packet Page 71 of 229 Open Packet Page 72 of 229 Open Packet Page 73 of 229 Open Packet Page 74 of 229 Open Packet Page 75 of 229 Open Packet Page 76 of 229 Open Packet Page 77 of 229 Open Packet Page 78 of 229 Open Packet Page 79 of 229 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. Page 1 of 2 Open Packet Page 80 of 229 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. Page 2 of 2 Open Packet Page 81 of 229 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 Open Packet Page 82 of 229 Page 2 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. Open Packet Page 83 of 229 Draft 03 2017 05 03 – For Certification 1 Title 4. Environment and Natural Resources – Chapter 406 2 3 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 Page 1 of 14 Open Packet Page 84 of 229 Draft 03 2017 05 03 – For Certification 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A065f3c495f2494cd. Public record. Not legal advice.