# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A069474f9e3091eed ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 212 Oneida Business Committee Regular Meeting 8:30 AM Wednesday, October 13, 2021 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. NOTICE Effective August 20, 2021, the Norbert Hill Center Administrative Offices are closed to the public; this include OBC meetings. Any person who has comments or questions regarding open session items may submit them via e-mail to the OBC at secretary@oneidanation.org no later than the close of business the day before the OBC meeting. Any comments or questions received shall be noticed to the OBC and entered into the record as a handout by the BC Support Office. The meeting will also be conducted using Microsoft Teams, please contact the BC Support Office at 920-869-4364 for instructions on how to join virtually. The decision to close Norbert Hill Center Administrative Offices to the public is due to both the rise in COVID-19 cases throughout both Brown and Outagamie Counites, as well as to ensure compliance with protocols relating to public access to the Oneida Nation High School. I. CALL TO ORDER II. OPENING A. III. Special recognition for years of service Sponsor: Todd VanDen Heuvel, Executive HR Director ADOPT THE AGENDA Oneida Business Committee Regular Meeting Agenda Page 1 of 6 October 13, 2021 Public Packet IV. V. 2 of 212 OATH OF OFFICE A. Anna John Resident Centered Care Community Board - Jeanette Ninham Sponsor: Lisa Liggins, Secretary B. Oneida Community Library Board - Michelle Sawyer Sponsor: Lisa Liggins, Secretary C. Pardon and Forgiveness Screening Committee - Rosa Laster Sponsor: Lisa Liggins, Secretary D. Southeastern Wisconsin Oneida Tribal Services Advisory Board - Diane Hill and Kathleen "Kitty" Hill Sponsor: Lisa Liggins, Secretary MINUTES A. VI. VII. Approve the September 22, 2021, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Application for the FY 2021 Indian Community Development Block Grant-American Rescue Plan Sponsor: Mark W. Powless, General Manager B. Enter the e-poll results into the record regarding the adoption of BC resolution # 0916-21-A Revised Public Peace Law Citation Schedule Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. VIII. Accept the September 15, 2021, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman STANDING ITEMS A. ARPA FRF Updates and Requests/Proposals 1. Accept the ARPA FRF post-secondary project report Sponsor: Mark W. Powless, General Manager 2. Accept the ARPA FRF food card distribution project update Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 2 of 6 October 13, 2021 Public Packet IX. 3 of 212 UNFINISHED BUSINESS A. X. Review Pandemic Pay options and determine next steps Sponsor: Todd VanDen Heuvel, Executive HR Director TRAVEL REQUESTS A. Approve the travel request - Treasurer Tina Danforth - Native American Bank Quarterly Meeting & Strategic Planning - Denver, CO - October 18-21, 2021 Sponsor: Tina Danforth, Treasurer B. Approve the travel request - Councilman Kirby Metoxen - Annual American Indian Tourism Conference - Scottsdale, AZ - October 24-28, 2021 Sponsor: Kirby Metoxen, Councilman C. Approve the travel request - Vice-Chairman Brandon Stevens - Fall 2021 Board of Regents Meeting - Lawrence, KS - October 26-29, 2021 Sponsor: Brandon Stevens, Vice-Chairman D. Approve the travel request - Secretary Lisa Liggins - 2021 TribalNet Conference and Tradeshow - Grapevine, TX - November 7-11, 2021 Sponsor: Lisa Liggins, Secretary E. Enter the e-poll results into the record regarding the approved travel request Councilman Kirby Metoxen - Red Cliff Cultural Days - Miskwaabekong (Red Cliff Reservation) - September 24-26, 2021 Sponsor: Lisa Liggins, Secretary F. Enter the e-poll results into the record regarding the approved travel request Chairman Tehassi Hill - Congressional leadership ICWA meetings - Washington DCSeptember 28–29, 2021 Sponsor: Lisa Liggins, Secretary G. Enter the e-poll results into the record regarding the approved travel request - ViceChairman Brandon Stevens - Global Gaming Expo 2021 - Las Vegas, NV - October 56, 2021 Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 6 October 13, 2021 Public Packet XI. XII. 4 of 212 NEW BUSINESS A. Approve three (3) actions regarding the Oneida Nation Food Sovereignty Strategic Plan Sponsor: Daniel Guzman King, Councilman B. Review WisDOT Dual Language Sign Program information and determine next steps Sponsor: Marie Summers, Councilwoman C. Authorize the Chairman to sign the nomination letter for the USDA Equity Commission Advisory Committee Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs D. Approve a limited waiver of sovereign immunity - Mind Garden Inc. terms of service agreement - file # 2021-0476 Sponsor: Mark W. Powless, General Manager E. Research Request: Skenandore-Univ. of Wisconsin/Green Bay-The Journey of Learning to Be Oneida - Review recommendation and determine next steps Sponsor: Jo Anne House, Chief Counsel F. Approve the Oneida Business Committee Standard Operating Procedure (SOP) entitled Business Committee Vehicle Usage Sponsor: Lisa Liggins, Secretary GENERAL TRIBAL COUNCIL A. Schedule the 2022 annual General Tribal Council meeting and alternate date Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 4 of 6 October 13, 2021 Public Packet XIII. 5 of 212 EXECUTIVE SESSION A. B. C. REPORTS 1. Accept the Chief Financial Officer October 2021 report Sponsor: Larry Barton, Chief Financial Officer 2. Accept the General Manager report Sponsor: Mark W. Powless, General Manager 3. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel AUDIT COMMITTEE 1. Accept the July 15, 2021, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Information Technology complaint audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman UNFINISHED BUSINESS 1. D. Review draft Purchasing Policies & Procedures Addendum Sponsor: Larry Barton, Chief Financial Officer NEW BUSINESS 1. Accept the October 2021 Sports Wagering implementation update (11:00 a.m.) Sponsor: Louise Cornelius, Gaming General Manager 2. Accept compensation study update (11:00 a.m.) Sponsor: Todd VanDen Heuvel, Executive HR Director 3. Accept the Human Resources Area Manager closeout report as information Sponsor: Jessica Vandekamp, Employee Relations Representative 4. Approve three (3) actions regarding the Joint Food Distribution Program on Indian Reservations Self-Determination Demonstration Project Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 5. Approve a limited waiver of sovereign immunity - Riesterer & Schnell IncJohn Deere Financial Lease Agreement - file # 2021-0687 Sponsor: Mark W. Powless, General Manager 6. Consider a negotiation for DR18 employment contract - file # 2021-0241 Sponsor: Jessica Vandekamp, Employee Relations Representative Oneida Business Committee Regular Meeting Agenda Page 5 of 6 October 13, 2021 Public Packet XIV. 6 of 212 7. Approve the addendum A for DR09 employment contract - file # 2021-0563 Sponsor: Jessica Vandekamp, Employee Relations Representative 8. Complaint # 2021-DR14-02 - Review and determine next steps Sponsor: Jessica Vandekamp, Employee Relations Representative 9. Enter the e-poll results into the record regarding the approved attorney contract - Husch Blackwell LLP - file # 2021-0713 Sponsor: Lisa Liggins, Secretary 10. Enter the e-poll results into the record regarding the appointment of Rodney Dequaine as Family Court Judge Sponsor: Lisa Liggins, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: 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) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 6 of 6 October 13, 2021 Public Packet Special recognition for years of service 7 of 212 Public Packet 8 of 212 Public Packet 9 of 212 4TH QUARTER YEARS OF SERVICE RECIPIENTS FY'21 JULY ‐ SEPTEMBER NAME PEGUERO,YVETTE M JOHN,BRIDGET E HILL,LORI S YEALEY,ROGER A SCHUYLER,LEE A CORNELIUS,DEBRA J CORNELIUS,JR,ORVILLE J DANFORTH,REYNOLD T DANFORTH,MARSHA J STEVENS,SHELLYRAE L PELTIER,VIRGINIA A NUNIES,FRANCES M NICHOLAS,JUDITH A DELGADO,GRACE J COTTRELL,RICHARD N RAUSCHENBACH,LISA M DANFORTH,CHRISTOPHER J MEHOJAH,LOUIS E KOEHLER,GRACE K GRIESBACH,AMY L MELCHERT,HARVEY J KOSBAB,HELMUTH A KING,BOBBI J THORPE,DOREEN M EMP # 579 5772 5815 5950 236 371 678 992 5325 2449 806 5657 971 148 5187 2343 929 5556 419 8546 8472 8567 2829 3991 SUPERVISOR NAME MOUSSEAU,SHARON A COTTRELL,SCOTT D POWLESS,MARK W RASMUSSEN,JAY T KING,CARIE A METOXEN,LAMBERT M METOXEN,LAMBERT M POWLESS,SR,MARK A STEVENS,CHERYL R PEGUERO,YVETTE M GRAVES,MARY C SKENANDORE,TONIA H NEVILLE,LUCY A RAUSCHENBACH,LISA M WEBSTER,JR,CLIFFORD E BOYLE,JACQUE L CORNELIUS,MATTHEW B WEBSTER,SHAD L JENKINS,LINDA R WATERSTREET,RYAN D SANTIAGO,CHERICE A STEVENS,KRISTIE L BOYLE,JACQUE L BRISTOL,ERIC N ADOH Aug 24, 1981 Aug 11, 1986 Aug 12, 1986 Sep 16, 1986 Jul 3, 1991 Jul 19, 1991 Aug 7, 1991 Aug 7, 1991 Aug 8, 1991 Aug 19, 1991 Aug 30, 1991 Aug 30, 1991 Sep 22, 1991 Sep 25, 1991 Sep 30, 1991 Jul 7, 1996 Jul 15, 1996 Jul 17, 1996 Jul 24, 1996 Aug 12, 1996 Aug 18, 1996 Sep 15, 1996 Sep 23, 1996 Sep 30, 1996 YOS 40 35 35 35 30 30 30 30 30 30 30 30 30 30 30 25 25 25 25 25 25 25 25 25 OCTOBER 13 OBC MEETING ‐ NOTES Public Packet 10 of 212 Anna John Resident Centered Care Community Board - Jeanette Ninham Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 11 of 212 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: October 5, 2021 RE: Oath of Office – Anna John Resident Centered Care Community Board Background On September 22, 2021 the Oneida Business Committee appointed Jeanette Ninham to the Anna John Resident Centered Care Community Board. A good mind. A good heart. A strong fire. Public Packet 12 of 212 Oneida Community Library Board - Michelle Sawyer Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 13 of 212 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: October 5, 2021 RE: Oath of Office – Oneida Community Library Board Background On September 22, 2021 the Oneida Business Committee appointed Michelle Sawyer to the Oneida Community Library Board. A good mind. A good heart. A strong fire. Public Packet 14 of 212 Pardon and Forgiveness Screening Committee - Rosa Laster Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 15 of 212 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: October 5, 2021 RE: Oath of Office – Pardon and Forgiveness Screening Committee Background On September 22, 2021 the Oneida Business Committee appointed Rosa Laster to the Pardon and Forgiveness Screening Committee. A good mind. A good heart. A strong fire. Public Packet 16 of 212 Southeastern Wisconsin Oneida Tribal Services Advisory Board - Diane Hill and Kathleen "Kitty" Hill Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Brooke Doxtator, BCC Supervisor Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: BDOXTAT1 Public Packet 17 of 212 Oneida Nation Business Committee Support Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: October 5, 2021 RE: Oath of Office – Southeastern Wisconsin Oneida Tribal Services Advisory Board Background On September 22, 2021 the Oneida Business Committee appointed Diane Hill and Kathleen “Kitty” Hill to the Southeastern Wisconsin Oneida Tribal Services Advisory Board. A good mind. A good heart. A strong fire. Public Packet 18 of 212 Approve the September 22, 2021, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 09/22/2021 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet 19 of 212 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, September 22, 2021 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Not Present: n/a Arrived at: Secretary Lisa Liggins at 8:34 a.m. (via Microsoft Teams)1, Treasurer Tina Danforth at 8:35 a.m., Daniel Guzman King at 9:38 a.m. (via Microsoft Teams); Others present: Jo Anne House, Larry Barton, Mark W. Powless, Brooke Doxtator, Rae Skenandore (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Jessica Vandekamp (via Microsoft Teams), Kristal Hill (via Microsoft Teams),Todd Vandenheuvel (via Microsoft Teams), Carmen Vanlanen (via Microsoft Teams), Amy Spears (via Microsoft Teams), Mike Debraska (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Kristen Hooker (via Microsoft Teams), Kristin Jorgenson-Dann (via Microsoft Teams), Clorissa Santiago (via Microsoft Teams), David Larson (via Microsoft Teams), Nancy Barton (via Microsoft Teams), Lou Ann Green (via Microsoft Teams), Jeff House (via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Loucinda Conway (via Microsoft Teams), Ravinder Vir (via Microsoft Teams), Nichole Rommel (via Microsoft Teams), Jacque Boyle (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Jason Doxtator (via Microsoft Teams), Michelle Danforth-Anderson (via Microsoft Teams), Louise Cornelius (via Microsoft Teams), James Petitjean (via Microsoft Teams), Renita Hernandez (via Microsoft Teams), Ralinda Ninham-Lamberies (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Josh Cottrell (via Microsoft Teams), Brandon Wisneski (via Microsoft Teams); I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:30 a.m. For the record: Treasurer Tina Danforth is present, but stepped out for a moment. Secretary Lisa Liggins is attending virtually and is having connection issues. Councilman Daniel Guzman King is attending negotiations and meetings with the USDA and will join as his schedule allows. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 15 September 22, 2021 Public Packet 20 of 212 DRAFT II. OPENING (00:00:29) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:00:45) Motion by David P. Jordan to adopt the agenda with two (2) changes2 [1) under VIII.A., add item entitled General Manager food card distribution update; and 2) under Executive Session/Unfinished Business, delete item entitled Review request to address compensation issues within the MIS Department and determine next steps], seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King, Lisa Liggins IV. MINUTES A. Approve the September 8, 2021, regular Business Committee meeting minutes (00:04:07) Sponsor: Lisa Liggins, Secretary Secretary Lisa Liggins arrived at 8:34 a.m. Motion by Jennifer Webster to approve the September 8, 2021, regular Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King 2 The Oneida Business Committee, by consensus, later added an Executive Session/New Business item entitled “Discuss pandemic pay, employee recruiting, employee retention, & wage studies and determine appropriate next steps” Oneida Business Committee Regular Meeting Minutes Page 2 of 15 September 22, 2021 Public Packet 21 of 212 DRAFT V. RESOLUTIONS A. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until November 25, 2021 (00:04:54) Sponsor: Jameson Wilson, Project Coordinator Treasurer Tina Danforth arrived at 8:35 a.m. Motion by Brandon Stevens to adopt resolution 09-22-21-A Extension of Declaration of Public Health State of Emergency Until November 25, 2021, including the changes noted in the handout [at line 53, insert “WHEREAS, the Oneida Business Committee adopted resolution # BC-08-03-21-A, Setting Public Gathering Guidelines During Public Health State of Emergency - COVID-19, which provides that when vaccination levels of Oneida’s members and Oneida Nation employees reaches 75%, the safety of public health will be considered to be effectively managed, and the Oneida Business Committee shall review whether a need for a declaration of a state of public health emergency continues to exist; and WHEREAS, as of September 21, 2021, the vaccination levels of Oneida’s members have reached 44% and the vaccination levels of Oneida Nation employees have reached 67% based on the information from those who have applied and have had their vaccination status verified for the Oneida Nation Vaccination Incentive Program for Oneida Nation Members and for the Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not Oneida Nation Members; and,] seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Opposed: Marie Summers Abstained: Tina Danforth Not Present: Daniel Guzman King For the record: Treasurer Tina Danforth stated I'm abstaining because I think we need to have a little bit more realistic information in regards to 75% and also because I think the Nation's taken many precautions that are necessary. I'm not in agreement to November 25th; somewhat for 30 days but necessarily for the other consideration around the 75%. B. Adopt resolution entitled Extension of the Oneida Nation Vaccination Incentive Program for Oneida Nation Members (00:14:08) Sponsor: Marie Summers, Councilwoman and Lisa Liggins, Secretary Treasurer Tina Danforth left at 8:53 a.m. Motion by Jennifer Webster to adopt resolution 09-22-21-B Extension of the Oneida Nation Vaccination Incentive Program for Oneida Nation Members, as amended, seconded by Brandon Stevens. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King Motion by Lisa Liggins to amend the main motion to insert vaccination data in line 56 and change date in line 66 to March 31, 2022, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King Oneida Business Committee Regular Meeting Minutes Page 3 of 15 September 22, 2021 Public Packet 22 of 212 DRAFT C. Adopt resolution entitled Extension of the Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not Oneida Nation Members (00:23:35) Sponsor: Marie Summers, Councilwoman and Lisa Liggins, Secretary Motion by Jennifer Webster to adopt resolution 09-22-21-C Extension of the Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not Oneida Nation Members, with one (1) change [in line 64, change date to March 31, 2022], seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Daniel Guzman King D. Adopt resolution entitled Continue to Operate Fiscal Year 2022 (00:25:09); (03:28:00) Sponsor: Tina Danforth, Treasurer Treasurer Tina Danforth returned at 8:56 a.m. Motion by Lisa Liggins to table this item until a clean copy incorporating the proposed revisions can be provided, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Daniel Guzman King Item V.E. was addressed next. Motion by Brandon Stevens to take this item from the table, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Councilman Daniel Guzman King left at 11:58 a.m. Councilman David P. Jordan left at 11:58 a.m. Motion by Lisa Liggins to adopt resolution 09-22-21-E Continue to Operate Fiscal Year 2022, noting a revised, clean copy was provided as a handout, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan For the record: Secretary Lisa Liggins stated I'd like to extend my appreciation to the Treasurer, Finance, and the Budget Analyst for all their work in getting us to prepared to continue operations while the FY22 budget is pending. Item XIV. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 4 of 15 September 22, 2021 Public Packet 23 of 212 DRAFT E. Adopt resolution entitled Temporary Amendment to BC Resolution 08-28-13-B; Authorization to Sign-Off on Purchased/Referred Care – Health Care Payments (01:07:50) Sponsor: Mark W. Powless, General Manager Councilman Daniel Guzman King arrived at 9:38 a.m. Councilman Kirby Metoxen left at 9:41 a.m. Motion by Jennifer Webster to adopt resolution 09-22-21-D Temporary Amendment to BC Resolution 08-28-13-B; Authorization to Sign-Off on Purchased/Referred Care – Health Care Payments, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen VI. APPOINTMENTS A. Determine next steps regarding three (3) vacancies - Anna John Resident Centered Care Community Board (01:14:31); (03:41:26) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer items VI.A., VI.B., VI.C., and VI.D. until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen Item VII.A.1. was addressed next. Motion by Lisa Liggins to accept the selected the applicant, appoint Jeanette Ninham to the Anna John Resident Centered Care Community Board with a term ending July 31, 2024, and request the Secretary to re-notice the remaining vacancies, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Item VI.B. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 5 of 15 September 22, 2021 Public Packet 24 of 212 DRAFT B. Determine next steps regarding three (3) vacancies - Oneida Community Library Board (01:14:31); (03:42:16) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer items VI.A., VI.B., VI.C., and VI.D. until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen Item VII.A.1. was addressed next. Motion by Lisa Liggins to accept the selected the applicant, appoint Michelle Sawyer to the Oneida Community Library Board with a term ending March 31, 2024, and request the Secretary to re-notice the remaining vacancies, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Item VI.C. was re-addressed next. C. Determine next steps regarding one (1) vacancy - Pardon and Forgiveness Screening Committee (01:14:31); (03:42:53) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer items VI.A., VI.B., VI.C., and VI.D. until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen Item VII.A.1. was addressed next. Motion by Lisa Liggins to accept the selected the applicant and appoint Rosa Laster to the Pardon and Forgiveness Screening Committee with a term ending August 31, 2023, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Item VI.D. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 6 of 15 September 22, 2021 Public Packet 25 of 212 DRAFT D. Determine next steps regarding four (4) vacancies - Southeastern Wisconsin Oneida Tribal Services Advisory Board (01:14:31); (03:43:24) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer items VI.A., VI.B., VI.C., and VI.D. until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen Item VII.A.1. was addressed next. Motion by Lisa Liggins to accept the selected the applicants, appoint Diane Hill and Kathleen “Kitty” Hill to the Southeastern Wisconsin Oneida Tribal Services Advisory Board with terms ending March 31, 2024, and request the Secretary to re-notice the remaining vacancies, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Item XI.A.1. was addressed next. VII. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept the July 8, 2021, regular Community Development Planning Committee meeting minutes (01:18:05) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to accept the July 8, 2021, regular Community Development Planning Committee meeting minutes, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen 2. Accept the August 5, 2021, regular Community Development Planning Committee meeting minutes (01:19:09) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to accept the August 5, 2021, regular Community Development Planning Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 7 of 15 September 22, 2021 Public Packet 26 of 212 DRAFT B. FINANCE COMMITTEE 1. Accept the August 30, 2021, regular Finance Committee meeting minutes (01:19:42) Sponsor: Tina Danforth, Treasurer Motion by Brandon Stevens to accept the August 30, 2021, regular Finance Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen 2. Accept the September 13, 2021, regular Finance Committee meeting minutes (01:20:16) Sponsor: Tina Danforth, Treasurer Motion by David P. Jordan to accept the September 13, 2021, regular Finance Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen C. LEGISLATIVE OPERATING COMMITTEE 1. Accept the September 1, 2021, regular Legislative Operating Committee meeting minutes (01:20:49) Sponsor: David P. Jordan, Councilman Motion by Marie Summers to accept the September 1, 2021, regular Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen D. QUALITY OF LIFE COMMITTEE 1. Accept the July 15, 2021, regular Quality of Life Committee meeting minutes (01:21:26) Sponsor: Marie Summers, Councilwoman Motion by David P. Jordan to accept the July 15, 2021, regular Quality of Life Committee meeting minutes, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 8 of 15 September 22, 2021 Public Packet 27 of 212 DRAFT 2. Accept the August 19, 2021, regular Quality of Life Committee meeting minutes (01:21:56) Sponsor: Marie Summers, Councilwoman Motion by Jennifer Webster to accept the August 19, 2021, regular Quality of Life Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Kirby Metoxen VIII. STANDING ITEMS A. ARPA FRF Updates and Requests/Proposals 1. General Manager Food Card Distribution Update (01:22:33) Sponsor: Mark W. Powless, General Manager Councilman Kirby Metoxen returned at 9:56 a.m. Secretary Lisa Liggins left at 10:20 a.m. Secretary Lisa Liggins returned at 10:25 a.m. Motion by Kirby Metoxen to move forward with the gift card for distribution before Thanksgiving and that a final report be brought to the October 13, 2021, regular Business Committee meeting, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, David P. Jordan, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Opposed: Daniel Guzman King Abstained: Lisa Liggins IX. NEW BUSINESS A. Assess OBC Direct Report attendance for executive session (02:00:57) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by Lisa Liggins to accept the request as information and direct the Secretary to bring a potential solution to the October 19, 2021, Business Committee work session, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Councilman Kirby Metoxen stated I would support them being included virtually so they can be in their office doing whatever they need to be doing. Oneida Business Committee Regular Meeting Minutes Page 9 of 15 September 22, 2021 Public Packet 28 of 212 DRAFT B. Consider next steps regarding BC resolution #04-08-20-K Appointing Oneida ESC Group LLC as Nation’s General Contractor for Construction Projects (02:10:02) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the legal opinion [Opinion – Application of Resolution # BC-04-08-20K and ARPA FRF LR Funds; dated September 21, 2021] and direct the Chief Financial Officer to amend the Purchasing Policies and Procedures in accordance with BC resolution # 04-08-20-K no later than the October 13, 2021, regular Business Committee meeting, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Opposed: Tina Danforth Abstained: Jennifer Webster For the record: Treasurer Tina Danforth stated my opposition is rendered due to the flaws of the conclusion of the legal opinion as stated on page 7 that it says it conflicts the purchasing policies of the Nation and therefore the policies should be changed. It also states that the General Tribal Council directive from January 2020 stating that any economic development or financial strategy is subject to a 3rd party financial review and it says that a construction project is not is not a economic development or financial strategy and the Nation already owns buildings and cannery, food center. Totally over generalization; totally inaccurate. This is a construction project in which we're talking about OESC as a general contractor; what else would you use a general contractor for. So this is a very flawed opinion from the facts that I understand them as so thank you for the opportunity to weigh in. For the record: Councilwoman Jennifer Webster stated my abstention is due to the fact that I'm a small business owner for the past 20 years and should were be effects down the road. X. GENERAL TRIBAL COUNCIL A. Determine next steps regarding the tentatively scheduled October 3, 2021, special General Tribal Council meeting in accordance with resolution # BC-08-03-21-A (FY2022 budget) (03:09:48) Sponsor: Lisa Liggins, Secretary Councilwoman Jennifer Webster left at 11:47 a.m. Councilwoman Jennifer Webster returned at 11:50 a.m. Motion by Marie Summers to cancel the tentatively scheduled October 3, 2021, special General Tribal Council meeting, noting the alternate date of November 1, 2021, is in place; to direct the Secretary to post notice in accordance with BC resolution # 03-22-17-B; and to direct the Secretary to schedule a special BC meeting to assess the November 1, 2021, tentatively scheduled special General Tribal Council meeting, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth For the record: Treasurer Tina Danforth stated I support a meeting; I don't support delaying the meeting. Oneida Business Committee Regular Meeting Minutes Page 10 of 15 September 22, 2021 Public Packet 29 of 212 DRAFT B. Reschedule the December 6, 2021, tentatively scheduled special General Tribal Council meeting (Michael Debraska petition, Lori Elm petition, and Oneida Casino Master Plan) (03:21:56) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to reschedule the December 6, 2021 tentatively schedule General Tribal Council meeting to Monday, December 20, 2021, seconded by Lisa Liggins. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth, Daniel Guzman King Item V.D. was re-addressed next. XI. EXECUTIVE SESSION (03:38:31) Motion by Lisa Liggins to recess at 12:10 p.m. until 1:45 p.m., seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Daniel Guzman King, David P. Jordan Meeting called order by Chairman Tehassi Hill at 1:45 p.m. Roll call for the record: Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan; Secretary Lisa Liggins (via Microsoft Teams),; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Marie Summers; Councilwoman Jennifer Webster; Motion by Marie Summers to go into executive session at 1:45 p.m., seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Treasurer Tina Danforth left at 4:40 p.m. for the Community Budget meeting. Councilman Kirby Metoxen left at 4:49 p.m. for the Oneida Airport Hotel Corporation meeting. Motion by Daniel Guzman King to come out of executive session at 5:04 p.m., seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Item VI.A. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 11 of 15 September 22, 2021 Public Packet 30 of 212 DRAFT A. REPORTS 1. Accept the August 2021 Treasurer's report (03:44:05) Sponsor: Tina Danforth, Treasurer Motion by Jennifer Webster to accept the August 2021 Treasurer's report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 2. Accept the Intergovernmental Affairs, Communications, and Self-Governance September 2021 report (03:44:27) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance September 2021 report, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by David P. Jordan to request the Business Committee provide input to the Intergovernmental Affairs Director by October 15, 2021, regarding the Assistant Secretary of Indian Affairs Consultation relating to the Protection and Restoration of Tribal Homelands, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by Jennifer Webster to approve the PACE LLP Contract, File # 2021-0627, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Motion by Marie Summers to approve IGAC and Legal to continue negotiating the land purchase with Brown County and for the final documents be brought forward to the Business Committee for the final approval, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 3. Accept the General Manager report (03:46:15) Sponsor: Mark W. Powless, General Manager Motion by David P. Jordan to accept the General Manager report, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 12 of 15 September 22, 2021 Public Packet 31 of 212 DRAFT 4. Accept the Chief Counsel report (03:46:34) Sponsor: Jo Anne House, Chief Counsel Motion by David P. Jordan to accept the Chief Counsel report, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen C. NEW BUSINESS 1. Consider request for the Security Department to utilize the Gaming wage charts (03:46:57) Sponsor: Katsitsiyo Danforth, Security Director Motion by Marie Summers to approve the request for the Security Department to utilize the Gaming wage chart, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 2. Approve amendment #1 to the employment contract - Project Coordinator - file # 2021-0241 (03:47:21) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by David P. Jordan to approve amendment #1 to the employment contract for the Project Coordinator - file # 2021-0241, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 3. Accept the HR Area Manager exit interview as information (03:47:49) Sponsor: Jessica Vandekamp, Employee Relations Representative Motion by David P. Jordan to accept the HR Area Manager exit interview as information, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 4. Review application(s) for three (3) vacancies - Anna John Resident Centered Care Community Board (03:48:10) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the discussion regarding items XI.C.4., XI.C.5., XI.C.6., and XI.C.7. as information, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 13 of 15 September 22, 2021 Public Packet 32 of 212 DRAFT 5. Review application(s) for three (3) vacancies - Oneida Community Library Board Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the discussion regarding the application for the Oneida Community Library Board vacancies as information, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 6. Review application(s) for one (1) vacancy - Pardon and Forgiveness Screening Committee Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the discussion regarding items XI.C.4., XI.C.5., XI.C.6., and XI.C.7. as information, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen 7. Review application(s) for four (4) vacancies - Southeastern Wisconsin Oneida Tribal Services Advisory Board Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the discussion regarding items XI.C.4., XI.C.5., XI.C.6., and XI.C.7. as information, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 14 of 15 September 22, 2021 Public Packet 33 of 212 DRAFT 8. Discuss pandemic pay, employee recruiting, employee retention, & wage studies and determine appropriate next steps (03:48:42) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to direct the Executive HR Director to identify funding obligation need and the Chief Counsel to develop the resolution to obligate ARPA FRF LR funds for retroactive implementation [of pandemic pay] to pay week of August 8, 2021; to accept the information regarding development of recruitment bonus standard operating procedures for business units approved through the Human Resources Department which also identifies source of funding; to accept the information regarding development of retention bonus standard operating procedures for business units approved through the Human Resources Department which also identifies source of funding; to direct the Executive HR Director to present a report regarding the wage study’s scope and project timelines on conclusion and implementation; and to direct the General Manager to provide a report at the October 13, 2021, regular Business Committee regarding complaint # 2021-CC-04, seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen XII. ADJOURN (03:50:08) Motion by David P. Jordan to adjourn at 5:14 p.m., seconded by Marie Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, Kirby Metoxen Minutes prepared by Lisa Liggins, Secretary. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 15 of 15 September 22, 2021 Public Packet 34 of 212 Adopt resolution entitled Application for the FY 2021 Indian Community Development Block... / / FY 2021 INDIAN COMMUNITY DEVELOPMENT BLOCK GRANT -ARP on behalf of the Housing Department. Public Packet 35 of 212 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The Oneida housing department wishes to apply for a grant from the FY 2021 INDIAN COMMUNITY DEVELOPMENT BLOCK GRANT - AMERICAN RESCUE PLAN (ICDBG-ARP) Program. The program will provide approximately $1.7million to the housing department to cover costs associated with the COVID 19 pandemic. The resolution is required by the funder. 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 of2 Public Packet 36 of 212 Public Packet 37 of 212 Public Packet 38 of 212 Public Packet 39 of 212 Oneida Nation Post Office Box 365 Phone: (920)869-2214 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 Oneida, WI 54155 BC Resolution # Leave this line blank Application for the FY 2021 Indian Community Development Block Grant-American Rescue Plan 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, the Oneida Nation is committed to the development and maintenance of Oneida housing in order to meet the need of the Oneida community; and WHEREAS, The Oneida Nation’s Comprehensive Housing Department proposes to apply for the ICDBG 2021 grant to help meet the housing needs of the Oneida community; and WHEREAS, the Oneida Nation supports the application for the FY 2021 Indian Community Development Block Grant-American Rescue Plan Act grant (ICDBG-ARP) for eligible activities that are designed to prevent, prepare for, and respond to Covid-19; and WHEREAS, the Oneida Nation is committed to maintaining Oneida citizen participation by posting information on the plan, the Oneida Business Committee verifies that the 24 CFR 1003.5 requirement has been met, the application will meet the funding criteria and requirements; and NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and submits a grant application to the U.S. Department of Housing and Urban Development’s FY 2021 Indian Community Development Block Grant-American Rescue Plan with a ceiling of $1,725,000. Public Packet 40 of 212 Enter the e-poll results into the record regarding the adoption of BC resolution # 09-16-21-A Revised... Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☒ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet 41 of 212 From: Sent: To: Cc: Subject: Attachments: Secretary Tuesday, September 16, 2021 5:10 PM BC Members BC_Agenda_Requests; Secretary E-POLL RESULTS: Adopt resolution entitled Revised Public Peace Law Citation Schedule BCAR Adopt resolution entitled Revised Public Peace Law Citation Schedule.pdf Importance: High Categories: For Next Mtg E‐POLL RESULTS The e‐poll to adopt resolution 09‐16‐21‐A Revised Public Peace Law Citation Schedule, has carried. As of the deadline, below are the results: Support: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Lisa Liggins Secretary Oneida Business Committee From: Secretary Sent: Wednesday, September 15, 2021 8:39 AM To: Tehassi Tasi Hill ; Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; Lisa A. Liggins ; Daniel P. Guzman ; David P. Jordan ; Kirby W. Metoxen ; Ethel M. Summers ; Jennifer A. Webster Cc: Secretary ; Kristal E. Hill ; Rhiannon R. Metoxen ; Danelle A. Wilson Subject: E‐POLL REQUEST: Adopt resolution entitled Revised Public Peace Law Citation Schedule Importance: High E‐POLL REQUEST Summary: A typo in the Public Peace Law Citation Schedule has been identified which has caused some confusion. There are a couple civil infractions where the fine amount for each offense is based on the value of the property loss, damaged or stolen. For example, the chart currently reads as Damage to Property 309.5-1 Loss less than $50 $50 $150 $200 Loss more than $20, less than $250 $250 $500 $1000 1 Yes Public Packet 42 of 212 $500 Loss $250 or more $750 $2000 For this example, the chart should read as: Damage to Property 309.5-1 Loss $50 or less $50 $150 $200 Loss more than $50, less than $250 $250 $500 $1000 Loss $250 or more $500 $750 $2000 Yes A revised resolution is being presented to correct any typographical errors in the Public Peace Law Citation Schedule in an effort to avoid any confusion or error in the interpretation of this resolution. Justification for E‐Poll: The law is set to go into effect on September 22, 2021, which is the same day as the next regular Business Committee meeting. Requested Action: Adopt resolution entitled Revised Public Peace Law Citation Schedule. Deadline for response: Responses are due no later than 4:30 p.m., September 16, 2021. Voting: 1. Use the voting button above, if available; OR 2. Reply with “Support” or “Oppose”. Lisa Liggins Secretary Oneida Business Committee 2 Public Packet 43 of 212 Oneida Business Committee Agenda Request / 1. Meeting Date Requested: / 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 entitled Revised Public Peace Law Citation Schedule 3. Supporting Materials Report Resolution Contract Other: 1. Statement of Effect 3. 2. Redline to 09-08-21-B 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, Councilmember Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 44 of 212 Oneida Nation Post Office Box 365 Phone: (920)869-2214 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 Oneida, WI 54155 BC Resolution # _____________ Revised Public Peace Law Citation Schedule 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, the Public Peace law (‘the Law”) was adopted by the Oneida Business Committee through resolution BC-__-__-__-__;-09-08-21-A; and WHEREAS, the purpose of the Law is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation; and WHEREAS, the Law prohibits any person from committing a civil infraction under this Law; and WHEREAS, the Law sets forth various civil infractions including:  Civil infractions against property;  Civil infractions against the peace;  Civil infractions against government;  Civil infractions against the person;  Civil infractions involving alcohol, tobacco, and drugs;  Civil Infractions affecting health and safety; and WHEREAS, the Law provides that an individual who violates a provision of this Law by committing a civil infraction may be subject to the issuance of a citation by an Oneida Police Department officer; and WHEREAS, any citation issued for a violation of this Law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations; and WHEREAS, the Trial Court is delegated jurisdiction over any action brought under this Law; and WHEREAS, the Law delegates authority to the Oneida Business Committee to adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this Law; and WHEREAS, the Oneida Business Committee adopted resolution BC-09-08-21-B, Public Peace Law Citation Schedule, to set forth specific fine amounts for various violations of this Law; and Public Packet 45 of 212 BC Resolution # _______ Revised Public Peace Law Citation Schedule Page 2 of 4 43 44 45 46 47 48 49 50 51 52 53 WHEREAS, the chart within resolution BC-09-08-21-B, Public Peace Law Citation Schedule, contained typographical errors; and WHEREAS, the Oneida Business Committee is now seeking a revised resolution to be adopted to correct any typographical errors in the Public Peace Law Citation Schedule in an effort to avoid any confusion or error in the interpretation of this resolution; and NOW THEREFORE BE IT RESOLVED, that this resolution revises and supersedes resolution BC-09-0821-B, Public Peace Law Citation Schedule, and that the Oneida Business Committee hereby sets forth the following citation schedule to be used for violations of the Public Peace law: PUBLIC PEACE LAW CITATION SCHEDULE Violation Damage to Property Reckless Damage or Destruction Trespass Theft Retail Theft Reference 1st Offense 2nd Offense 3rd Offense or More Civil Infractions Against Property 309.5-1 Loss $50 or less than $50 $50 $150 $200 Loss more than $2050, less than $250 $250 $500 $1000 Loss $250 or more $500 $750 $2000 309.5-2 Loss $50 or less than $20 $50 $150 $200 Loss more than $2050, less than $250 $250 $500 $1000 Loss $250 or more $500 $750 $2000 309.5-3 $250 $500 $1000 309.5-4 Theft $50 or less than $50 $50 $150 $200 Theft more than $2050, less than $250 $250 $500 $1000 Theft $250 or more $500 $750 $2000 309.5-5 Theft $50 or less than $50 $50 $150 $200 Theft more than $2050, less than $250 $250 $500 $1000 Theft $250 or more $500 Loitering Fraud 309.5-6 309.5-7 $100 $750 $2000 $200 $300 Loss $50 or less than $50 $50 $150 $200 Mandatory Appearance Required? Yes Yes Yes Yes Yes, if value of retail theft more than $50 in value. No, if value of retail theft less than $50 in value. No Yes Public Packet 46 of 212 BC Resolution # _______ Revised Public Peace Law Citation Schedule Page 3 of 4 Negligent Handling of Burning Material Disorderly Conduct Carrying a Prohibited Weapon Gang Related Activity Throwing or Shooting a Projectile Obstructing Streets or Sidewalks Nuisance Maintaining a Chronic Nuisance House Interfering with Lawful Arrest or Resisting Arrest Disrupting a Meeting or Government Function Breach of Confidentiality Threatening an Official 309.5-8 Loss more than $2050, less than $250 $250 $500 $1000 Loss $250 or more $500 $750 $2000 $100 $200 $500 Civil Infractions Against the Peace 309.6-1 $250 $500 309.6-2 309.6-3 309.6-4 309.6-5 309.6-6 309.6-7 $250 $250 $100 $25 $100 $250 $500 $500 $200 $50 $200 $500 $1000 $1000 $300 $100 $300 $1000 No for 1 st or 2nd Offense – Yes for 3rd Offense or More No No No No Yes Yes 309.6-8 $250 $500 $1000 Yes Civil Infractions Against Government 309.7-1 $100 $250 $500 No for 1st Offense – Yes for 2nd Offense or More No for 1 st Offense – Yes for 2nd Offense or More Yes 309.7-2 $100 $250 $1000 No $500 309.7-3 $250 $500 $1000 Civil Infractions Against the Person Assault 309.8-1 $250 $500 $1000 Harassment 309.8-2 $100 $300 $500 Abuse of Individuals at Risk 309.8-3 $500 $750 $1000 Truancy 309.8-4 $50 $75 $100 Civil Infractions Involving Alcohol, Tobacco, and Drugs Public Intoxication 309.9-1 $100 $200 $300 Unauthorized Alcohol Beverage 309.9-2 $100 $200 $300 Underage Possession of Alcohol 309.9-3 $100 $200 $300 Furnishing Alcohol Beverages to 309.9-4 $250 $500 $1000 Minors Underage Possession of Tobacco 309.9-5 $50 $75 $100 Furnishing Tobacco to Minors 309.9-6 $150 $300 $500 Misrepresentation of Identification 309.9-7 $100 $200 $300 Card Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Public Packet 47 of 212 BC Resolution # _______ Revised Public Peace Law Citation Schedule Page 4 of 4 Possession of Prohibited Drugs 309.9-8 $250 $500 Manufacturing Prohibited Drugs 309.9-9 $750 $1000 Maintaining a Drug House 309.9-10 $750 $1000 Civil Infractions Affecting Health and Safety Littering 309.10-1 $25 $50 Unsightly Areas 309.10-2 $100 $250 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 Depositing Human Waste Exposure of a Communicable or Infectious Disease 309.10-3 309.10-4 $100 $500 $200 $750 $1000 $2000 $2000 Yes Yes Yes $100 $350 No No for 1st or 2nd Offense – Yes for 3rd Offense or More No Yes $300 $1000 BE IT FURTHER RESOLVED, that in addition to the fines listed above, additional penalties issued by the Trial Court may include community service, participation in counseling or other programs, restitution, or any other penalty as deemed appropriate by the Trial Court as provided for by the Public Peace law. BE IT FURTHER RESOLVED, in addition to the fine amount as provided in the citation schedule above, any citation issued for a violation of this Law shall also include court costs as assessed by the Oneida Nation Judiciary. BE IT FURTHER RESOLVED, criminal charges and referrals may be appropriate in certain cases and are not prohibited. BE IT FURTHER RESOLVED, the Oneida Police Department officer issuing the citation shall have the discretion to require a mandatory appearance of the offender at the Trial Court’s citation pre-hearing for any violation of this Law if deemed appropriate. BE IT FURTHER RESOLVED, the issuance of a citation to any offender who has not attained the age of eighteen (18) years shall require the mandatory appearance of the offender and their parent(s), guardian(s), or legal custodian(s) at the Trial Court’s citation pre-hearing. BE IT FURTHER RESOLVED, for any offender who has not attained the age of eighteen (18) years, a violation committed within twelve (12) months of a previous violation shall be considered a second or subsequent violation. BE IT FINALLY RESOLVED, the Oneida Business Committee hereby adopts this resolution which shall become effective on September 22, 2021. Public Packet 48 of 212 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Revised Public Peace Law Citation Schedule Summary This resolution revises and supersedes resolution BC-09-08-21-B, Public Peace Law Citation Schedule, fixing typographical errors that were present, and sets forth a citation schedule containing specific fine amounts to be utilized for violations of the Public Peace law. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: September 13, 2021 Analysis by the Legislative Reference Office The Public Peace law (“the Law”) was adopted to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Law sets forth various civil infractions and prohibits any person from committing a civil infraction. [3 O.C. 309.4-4]. Civil infractions provided for in the Law include: ▪ Civil infractions against property [3 O.C. 309.5]; ▪ Civil infractions against the peace [3 O.C. 309.6]; ▪ Civil infractions against government [3 O.C. 309.7]; ▪ Civil infractions against the person [3 O.C. 309.8]; ▪ Civil infractions involving alcohol, tobacco, and drugs [3 O.C. 309.9]; and ▪ Civil Infractions affecting health and safety [3 O.C. 309.10]. Officers of the Oneida Police Department are delegated the authority to issue a citation to any individual who violates a provision of this Law by committing a civil infraction. [3 O.C. 309.4-3, 309.11-1]. Any citation issued for a violation of this Law shall be processed in accordance with the procedures contained in the Nation’s laws and policies governing citations, which is the Citations law. [3 O.C. 309.11-1(b)]. The Nation’s Trial Court is then delegated jurisdiction over any action brought under this Law. [3 O.C. 309.4-1]. One penalty the Trial Court may utilize upon a finding that an individual has committed a violation of the Law is the issuance of fines. [3 O.C. 309.11-2(a)]. The Law delegates authority to the Oneida Business Committee to adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this Law. [3 O.C. 309.11-2(a)]. The Oneida Business Committee adopted resolution BC-09-08-21-B, Public Peace Law Citation Schedule, to set forth specific fine amounts for various violations of this Law. The chart contained in resolution BC-09-08-21-B, Public Peace Law Citation Schedule, contained typographical errors. Page 1 of 2 Public Packet 49 of 212 This resolution revises and supersedes resolution BC-09-08-21-B, Public Peace Law Citation Schedule, in an effort to correct the typographical errors and then sets forth the citation schedule which includes the specific fine amounts for various violations of this Law. This resolution also sets forth the same additional information that was included in resolution BC09-08-21-B regarding citations, including: ▪ Whether a mandatory appearance at the citation pre-hearing is required for each violation of the Law in accordance with the Citations law [8 O.C. 807.6-1(a)]; ▪ This resolution also requires a mandatory appearance at the citation pre-hearing for an offender who has not attained the age of eighteen (18) years, along with their parent(s), guardian(s), or legal custodian(s), no matter what violation occurred. ▪ This resolution also delegates discretion to the Oneida Police Department officer issuing the citation to require a mandatory appearance of the offender at the Trial Court’s citation pre-hearing for any violation of this Law if deemed appropriate. ▪ Criminal charges and referrals may be appropriate in certain cases and are not prohibited by this Law; ▪ In addition to the fine amount as provided in the citation schedule, any citation issued for a violation of this Law shall also include court costs as assessed by the Oneida Nation Judiciary; and ▪ When determining whether a violation is a subsequent violation for an offender who has not attained the age of eighteen (18), a violation committed within twelve (12) months of a previous violation shall be considered a second or subsequent violation. Upon adoption by the Oneida Business Committee this resolution will become effective on September 22, 2021. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 50 of 212 Oneida Nation Post Office Box 365 Phone: (920)869-2214 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 Oneida, WI 54155 BC Resolution # _____________ Revised Public Peace Law Citation Schedule 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, the Public Peace law (‘the Law”) was adopted by the Oneida Business Committee through resolution BC-09-08-21-A; and WHEREAS, the purpose of the Law is to set forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation; and WHEREAS, the Law prohibits any person from committing a civil infraction under this Law; and WHEREAS, the Law sets forth various civil infractions including: • Civil infractions against property; • Civil infractions against the peace; • Civil infractions against government; • Civil infractions against the person; • Civil infractions involving alcohol, tobacco, and drugs; • Civil Infractions affecting health and safety; and WHEREAS, the Law provides that an individual who violates a provision of this Law by committing a civil infraction may be subject to the issuance of a citation by an Oneida Police Department officer; and WHEREAS, any citation issued for a violation of this Law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations; and WHEREAS, the Trial Court is delegated jurisdiction over any action brought under this Law; and WHEREAS, the Law delegates authority to the Oneida Business Committee to adopt through resolution a citation schedule which sets forth specific fine amounts for violations of this Law; and WHEREAS, the Oneida Business Committee adopted resolution BC-09-08-21-B, Public Peace Law Citation Schedule, to set forth specific fine amounts for various violations of this Law; and Public Packet 51 of 212 BC Resolution # _______ Revised Public Peace Law Citation Schedule Page 2 of 4 43 44 45 46 47 48 49 50 51 52 53 WHEREAS, the chart within resolution BC-09-08-21-B, Public Peace Law Citation Schedule, contained typographical errors; and WHEREAS, the Oneida Business Committee is now seeking a revised resolution to be adopted to correct any typographical errors in the Public Peace Law Citation Schedule in an effort to avoid any confusion or error in the interpretation of this resolution; and NOW THEREFORE BE IT RESOLVED, that this resolution revises and supersedes resolution BC-09-0821-B, Public Peace Law Citation Schedule, and that the Oneida Business Committee hereby sets forth the following citation schedule to be used for violations of the Public Peace law: PUBLIC PEACE LAW CITATION SCHEDULE Violation Damage to Property Reckless Damage or Destruction Trespass Theft Retail Theft Reference 1st Offense 2nd Offense 3rd Offense or More Civil Infractions Against Property 309.5-1 Loss $50 or less $50 $150 $200 Loss more than $50, less than $250 $250 $500 $1000 Loss $250 or more $500 $750 $2000 309.5-2 Loss $50 or less $50 $150 $200 Loss more than $50, less than $250 $250 $500 $1000 Loss $250 or more $500 $750 $2000 309.5-3 $250 $500 $1000 309.5-4 Theft $50 or less $50 $150 $200 Theft more than $50, less than $250 $250 $500 $1000 Theft $250 or more $500 $750 $2000 309.5-5 Theft $50 or less $50 $150 $200 Theft more than $50, less than $250 $250 $500 $1000 Theft $250 or more $500 Loitering Fraud 309.5-6 309.5-7 $100 $750 $2000 $200 $300 Loss $50 or less $50 $150 $200 Loss more than $50, less than $250 Mandatory Appearance Required? Yes Yes Yes Yes Yes, if value of retail theft more than $50 in value. No, if value of retail theft less than $50 in value. No Yes Public Packet 52 of 212 BC Resolution # _______ Revised Public Peace Law Citation Schedule Page 3 of 4 $250 Negligent Handling of Burning Material Disorderly Conduct Carrying a Prohibited Weapon Gang Related Activity Throwing or Shooting a Projectile Obstructing Streets or Sidewalks Nuisance Maintaining a Chronic Nuisance House Interfering with Lawful Arrest or Resisting Arrest Disrupting a Meeting or Government Function Breach of Confidentiality Threatening an Official 309.5-8 $500 $100 $500 $1000 Loss $250 or more $750 $2000 $200 $500 Civil Infractions Against the Peace 309.6-1 $250 $500 309.6-2 309.6-3 309.6-4 309.6-5 309.6-6 309.6-7 $250 $250 $100 $25 $100 $250 $500 $500 $200 $50 $200 $500 $1000 $1000 $300 $100 $300 $1000 No for 1st or 2nd Offense – Yes for 3rd Offense or More No No No No Yes Yes 309.6-8 $250 $500 $1000 Yes Civil Infractions Against Government 309.7-1 $100 $250 $500 No for 1st Offense – Yes for 2nd Offense or More No for 1st Offense – Yes for 2nd Offense or More Yes 309.7-2 $100 $250 $1000 No $500 309.7-3 $250 $500 $1000 Civil Infractions Against the Person Assault 309.8-1 $250 $500 $1000 Harassment 309.8-2 $100 $300 $500 Abuse of Individuals at Risk 309.8-3 $500 $750 $1000 Truancy 309.8-4 $50 $75 $100 Civil Infractions Involving Alcohol, Tobacco, and Drugs Public Intoxication 309.9-1 $100 $200 $300 Unauthorized Alcohol Beverage 309.9-2 $100 $200 $300 Underage Possession of Alcohol 309.9-3 $100 $200 $300 Furnishing Alcohol Beverages to 309.9-4 $250 $500 $1000 Minors Underage Possession of Tobacco 309.9-5 $50 $75 $100 Furnishing Tobacco to Minors 309.9-6 $150 $300 $500 Misrepresentation of Identification 309.9-7 $100 $200 $300 Card Possession of Prohibited Drugs 309.9-8 $250 $500 $1000 Manufacturing Prohibited Drugs 309.9-9 $750 $1000 $2000 Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Public Packet 53 of 212 BC Resolution # _______ Revised Public Peace Law Citation Schedule Page 4 of 4 Maintaining a Drug House Littering Unsightly Areas 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 80 309.9-10 $750 $1000 Civil Infractions Affecting Health and Safety 309.10-1 $25 $50 309.10-2 $100 $250 Depositing Human Waste Exposure of a Communicable or Infectious Disease 309.10-3 309.10-4 $100 $500 $200 $750 $2000 Yes $100 $350 No No for 1st or 2nd Offense – Yes for 3rd Offense or More No Yes $300 $1000 BE IT FURTHER RESOLVED, that in addition to the fines listed above, additional penalties issued by the Trial Court may include community service, participation in counseling or other programs, restitution, or any other penalty as deemed appropriate by the Trial Court as provided for by the Public Peace law. BE IT FURTHER RESOLVED, in addition to the fine amount as provided in the citation schedule above, any citation issued for a violation of this Law shall also include court costs as assessed by the Oneida Nation Judiciary. BE IT FURTHER RESOLVED, criminal charges and referrals may be appropriate in certain cases and are not prohibited. BE IT FURTHER RESOLVED, the Oneida Police Department officer issuing the citation shall have the discretion to require a mandatory appearance of the offender at the Trial Court’s citation pre-hearing for any violation of this Law if deemed appropriate. BE IT FURTHER RESOLVED, the issuance of a citation to any offender who has not attained the age of eighteen (18) years shall require the mandatory appearance of the offender and their parent(s), guardian(s), or legal custodian(s) at the Trial Court’s citation pre-hearing. BE IT FURTHER RESOLVED, for any offender who has not attained the age of eighteen (18) years, a violation committed within twelve (12) months of a previous violation shall be considered a second or subsequent violation. BE IT FINALLY RESOLVED, the Oneida Business Committee hereby adopts this resolution which shall become effective on September 22, 2021. Public Packet 54 of 212 Oneida Business Committee Agenda Request Accept the September 15, 2021, regular Legislative Operating Committee meeting minutes 1. Meeting Date Requested: 10 / 13 / 21 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: Accept the September 15, 2021 Legislative Operating Committee meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. 9/15/21 LOC Meeting Minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, Councilmember Primary Requestor/Submitter: Clorissa N. Santiago, LRO Senior Staff Attorney Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 55 of 212 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center September 15, 2021 9:00 a.m. Present: David P. Jordan, Marie Summers, Kirby Metoxen, Daniel Guzman King, Jennifer Webster Others Present: Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Brooke Doxtator, Bonnie Pigman, Denise Vigue, Justin Nishimoto (Microsoft Teams), Barbara Webster (Microsoft Teams), Michelle Myers (Microsoft Teams), Amy Spears (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Cora Bell (Microsoft Teams), Todd Vandenheuvel (Microsoft Teams), Jennifer Berg Hargrove (Microsoft Teams) I. Call to Order and Approval of the Agenda David P. Jordan called the September 15, 2021, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Marie Summers to adopt the agenda as is; seconded by Jennifer Webster. Motion carried unanimously. II. Minutes to be Approved 1. September 1, 2021 LOC Meeting Minutes Motion by Kirby Metoxen to approve the September 1, 2021 LOC meeting minutes and forward to the Oneida Business Committee; seconded by Marie Summers. Motion carried unanimously. III. Current Business 1. Oneida General Welfare Law Amendments Motion by Kirby Metoxen to approve the legislative analysis for the Oneida General Welfare law; seconded by Jennifer Webster. Motion carried unanimously. Motion by Marie Summers to approve the approve the Oneida General Welfare law public comment period notice and forward the Oneida General Welfare law to a public comment period to be held open until October 13, 2021; seconded by Jennifer Webster. Motion carried unanimously. IV. New Submissions 1. Children’s Code Amendments, Guardianship and Adoption Law Motion by Jennifer Webster to deny the request to add the Children’s Code Amendments, and the Guardianship law and Adoption law to the Active Files List noting that the Children’s Code Amendments and the Guardianship law are already currently on the Active Files List; seconded by Marie Summers. Motion carried unanimously. V. Additions VI. Administrative Items Legislative Operating Committee Meeting Minutes of September 15, 2021 Page 1 of 2 Public Packet VII. 56 of 212 Executive Session VIII. Adjourn Motion by Marie Summers to adjourn at 9:28 a.m.; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of September 15, 2021 Page 2 of 2 Public Packet 57 of 212 Oneida Business Committee Agenda Request Accept the ARPA FRF post-secondary project report 1. Meeting Date Requested: 10 / 13 / 21 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Reports Accept as Information only Action - please describe: Accept the ARPA post-secondary project report 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution 5. Submission Budgeted - Grant Funded Unbudgeted signed by Mark W. Powless Mark W. Powless Digitally Date: 2021.10.05 17:22:20 -05'00' Authorized Sponsor / Liaison: Mark Powless, General Manager Primary Requestor/Submitter: Jacqueline Smith, Area Manager - Education & Training Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 58 of 212 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: This report is submitted from the Oneida General Manager’s office in response to the motion made at the August 25, 2021 regular Business Committee meeting: “Motion by Lisa Liggins to accept the tribal member request for an ARPA Education Program for the Fall 2021 [semester] and to direct the General Manager to bring back an initial report at the October 13, 2021, regular Business Committee meeting and a final report no later than the December 8, 2021, regular Business Committee meeting on a [Higher] Education program funded by FRF funds to be implemented for the Spring 2022 semester, seconded by Marie Summers. Motion carried:” Recommendation A. Provide funding for qualifying Oneida post-secondary students, 18 years or older, towards a duplicate or lesser degree using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years ending September 30, 2023. AND B. Provide funding for qualifying Oneida post-secondary students, 18 years or older, who are currently suspended from the Oneida Higher Education Scholarship to regain a good standing using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years ending September 30, 2023 Total funding requested for the post-secondary funding program is $4M for two (2) years or $2M per FY 2022 and FY 2023. 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 Public Packet 59 of 212 Report ARPA Education Program -- Executive Summary This report is submitted from the Oneida General Manager’s office in response to the motion made at the August 25, 2021 regular Business Committee meeting: “Motion by Lisa Liggins to accept the tribal member request for an ARPA Education Program for the Fall 2021 [semester] and to direct the General Manager to bring back an initial report at the October 13, 2021, regular Business Committee meeting and a final report no later than the December 8, 2021, regular Business Committee meeting on a [Higher] Education program funded by FRF funds to be implemented for the Spring 2022 semester, seconded by Marie Summers. Motion carried:” Background The Education & Training Area conducted research of the CARES Higher Education (Pandemic) Fund FY 2020 by meeting with employees who were involved with the project and reviewed project documents. This research showed that there were challenges and issues with the CARES Higher Education fund that should be modified and improved upon before implementing additional post-secondary funding programs. Results from Research It is not advised to repeat and re-implement the CARES Higher Education (Pandemic) Fund FY 2020 program. The proposal for using ARPA funds has been modified to increase the effectiveness of the post-secondary programming for FY 2022 and FY 2023 based on the lessons learned in FY 2020 and post-secondary community data. Key issues associated with the FY2020 program included inconsistent tracking creating financial audit risks (external/internal), incomplete programming measures to know if goals were met, and the program unintentionally created potential situations (which was openly communicated to students before receiving the funds) regarding financial assistance. Recommendation A. Provide funding for qualifying Oneida post-secondary students, 18 years or older, towards a duplicate or lesser degree using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years ending September 30, 2023. AND B. Provide funding for qualifying Oneida post-secondary students, 18 years or older, who are currently suspended from the Oneida Higher Education Scholarship to regain a good standing using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years ending September 30, 2023 Total funding requested for the post-secondary funding program is $4M for two (2) years or $2M per FY 2022 and FY 2023. ARPA Post-Secondary Recommendations Education & Training Area Page 1 of 16 Public Packet 60 of 212 Introduction Petitioner Request & OBC Action At the August 25, 2021 regular Oneida Business Committee, the General Manager (GM) was assigned the task of submitting a report on findings regarding a community member’s request to re-establish the FY 2020 CARES Education funding program. “Motion by Lisa Liggins to accept the tribal member request for an ARPA Education Program for the Fall 2021 [semester] and to direct the General Manager to bring back an initial report at the October 13, 2021, regular Business Committee meeting and a final report no later than the December 8, 2021, regular Business Committee meeting on a [Higher] Education program funded by FRF funds to be implemented for the Spring 2022 semester, seconded by Marie Summers. Motion carried:” Intent of CARES Higher Education (Pandemic) Fund FY 2020 The intent of the CARES Higher Education (Pandemic) Fund FY 2020 was for enrolled Oneida members to have an opportunity to become employable during the pandemic. This included the following opportunities: • • • Financial assistance for certifications 1 Financial assistance to attend college to earn credits to reestablish good standing with Oneida Higher Education Additional funding for students attending higher education institutions during the pandemic Financial assistance could be applied toward: 2 Tuition, room & board, telecommunication, technology, books, job seeking and/or training assistance, childcare, transportation The time frame to develop, staff, and implement this funding program in FY 2020 was very short as the entire project was completed in approximately 8 weeks. As a result, there are sections of the project that require improvement. Appendix: CARES Higher Education (Pandemic) Fund FY 2020 Within the law for the specific program, the definition of accredited was extended to include: “qualified and approved by a United States Department of Education recognized accrediting body, state-approved accrediting body, or recognized through a professional affiliation.” Students applying for funding at a state-approved program, or a program recognized by professional affiliation should include accreditation information with their application. 22 Appendix: CARES Higher Education (Pandemic) Fund FY 2020 Letter to Members, 08.2020 announcing the funding 1 ARPA Post-Secondary Recommendations Education & Training Area Page 2 of 16 Public Packet 61 of 212 The purpose statement for the project was: The funding is for Oneida members to become employable, if it means a certification less then what they already have, i.e., trucking certificate and they have a bachelor’s degree; or if they need to get a certification that is not covered by current higher education standards, and this could mean that students that are on probation or not allowed to participate in Oneida Higher Education because of grades or past funding issues. They can use this program to get out of arrears and to get in good standing with Oneida Higher Education department. The classes funded are not meant to penalize a student in future use of Oneida Higher Education department standards either. Purpose of Report The purpose of this report is to gain approval from the Oneida Business Committee to use the Oneida Tribe’s American Rescue Plan Act (ARPA) funds to implement project work on post-secondary funding projects for FY 2022 and FY 2023 using a total for both years of $4M under the General Manager’s office. The project and programming listed in this report are limited to two (2) fiscal years (FY 2022 and FY 2023) and will end on September 30, 2023. Current Situation An Oneida community member made a request of the OBC to re-establish the CARES Education Funding program. The GM was asked to bring back a report for consideration on how this request could be addressed within the program areas. Improved Post-Secondary Gap Completion For consideration, Oneida has achieved the same level of post-secondary completion rates as both Brown & Outagamie counties as indicated in the 2020 Oneida Quality of Life survey. 3 A total of 47% of Oneida members aged 25+ has completed postsecondary education (see Figure 1). An assumption could be made that because of the Oneida Higher Education Scholarship program, more Oneida community members have utilized the scholarship to attain higher educational levels so much to gain similar completion rates as surrounding communities. 3 Appendix: Melissa Nuthals, Data on Oneida Community Educational Statues, 09.23.21 and FY 2020 QOL Table ARPA Post-Secondary Recommendations Education & Training Area Page 3 of 16 Public Packet 62 of 212 Post-Secondary Completion Rates QOL Survey 2020 1800 1600 1400 1200 1000 800 600 400 200 0 1639 626 238 Vocational/Technical Degree Associates Degree Bachelor's Degree or Higher Number of Members Other Community Concerns Positively Affected Unemployment rates and poverty levels could be improved by this type of funding assistance for Oneida members. As members gain additional or new job skills, they are more likely to find improved employment opportunities. This funding could assist Oneidas who are currenlty unemployed and/or underemployed. It is estimated that Oneida Nation workforce is down 24%. 4 The project could assist in reducing current poverty rates by providing members with increased job skills. Poverty rates are estimated to be 29% for American Indian/Alaskan Native (AIAN) from the Census Bureau. 5 Issues with CARES Higher Education (Pandemic) Fund FY 2020 Based on research findings, processes used to implement the CARES Higher Education fund in FY 20 needs to be improved to avoid potential pitfalls and issues for postsecondary students. Issues identified with the CARES Higher Education (Pandemic) Fund FY 2020 are: • 4 5 Program audit issues (internal/external) as most fund recipients didn’t comply with program rules by submitting receipts to document on how they spent the funds. See Appendix, Melissa Nuthals email Thursday 09.23.21 1:53 PM Ibid. ARPA Post-Secondary Recommendations Education & Training Area Page 4 of 16 Public Packet 63 of 212 • Post-secondary students who were enrolled at a college/school and were receiving federal financial aid and/or scholarships, are more likely to be negatively impacted by CARES funding (i.e., reductions in grants). o Recipients were made aware of this potential consequence. • Costs reported for room and board reported at ~$1.4 M which was considered by those who implemented the program to be unusual and excessive. 6 • Paying for room and board in future similar programming is not recommended. • Approximately $3M in funds were allocated in a time frame of eight (8) weeks. • Operating policies were not fully in place once the program started. • Decision making for some applications took longer than expected. • Assessment or evaluation was incomplete. There is no information to determine if the program met it goals and improved job and or employability skills. Problem Statement The problem is to determine how to provide additional post-secondary programming, using ARPA funds to Oneida members: • who are interested in acquiring a duplicate or lesser degree to increase and/or improve upon their current work skills to attain or maintain a job • who want to reestablish good standing with the Oneida Higher Education Scholarship by improving their grade point average (GPA) • avoid issues associated with the CARES Higher Education (Pandemic) Fund FY 2020 in future projects Recommendation The following recommendation has considered the above-mentioned issues. This report and its recommendation are for consideration for the approvers of the APRA funds. If the recommendation is applicable to addressing the community’s postsecondary educational needs, then additional project plan details, procedures, resolutions, and laws will be developed. The recommendation uses two types of post-secondary funding. Specific details will be developed later after approval of this report. Recommendation: A. Provide funding for qualifying Oneida post-secondary students, 18 years or older, towards a duplicate or lesser degree using $2M of 6 Meeting with Lisa Summers, Lisa Liggins, Carl Artman 09.23.21 ARPA Post-Secondary Recommendations Education & Training Area Page 5 of 16 Public Packet 64 of 212 ARPA funds with a goal of serving no less than 170 qualified students for two years. AND B. Provide funding for qualifying Oneida post-secondary students, 18 years or older, who are currently suspended from the Oneida Higher Education Scholarship to regain a good standing using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years. Total funding requested for is $4M for two (2) years or $2M per FY 2022 and FY 2023 toward post-secondary education. Funding for Duplicate or Lesser Degrees The expected benefit from this type of funding program is to allow community members the ability to improve upon their current job skills to find employment, locate better paying jobs, or retain their current employment status. Applicants who apply and are accepted into this program would receive up to $10,000 per academic year toward the cost of tuition, books, and required course fees (e.g., tools for a mechanic, tactical gear for law enforcement, etc.). Individual funding levels will depend on the type of post-secondary or employment credential the applicant is pursuing. • For example, in-state average tuition and fees for public colleges in Wisconsin is $6,520 and technical colleges average $4,700 for tuition and fees. • Credentialing costs vary based upon the occupation and/or industry. An estimate of the cost for a credential is $1,000 7 To improve on last year’s CARES Higher Education Fund, a clear and defined audit trail will be established by the following steps documenting how funds were spent: 1) Tuitions fees, books and specific course fees are paid by check directly to the schools, colleges, universities, or vendors a) If a student withdraws early from the program, Oneida will request that reimbursements are sent back to the Oneida Tribe versus the individual student. 2) If a student pays for required course fees on their own, they may be entitled to a reimbursement upon submission of a valid receipt documenting payment. a) Reimbursements will not be granted without a receipt. 7 See Appendix, Tuition Cost Data from WI ARPA Post-Secondary Recommendations Education & Training Area Page 6 of 16 Public Packet 65 of 212 Estimated Costs for Duplicate and Lesser Degree Program Funding Overview FY 2022 2023 Totals ** AY (August to July of Following Year) 2021-2022 2022-2023 Estimated Number of Applicants Maximum Funding Level Estimated Total Cost 85 85 170** $10,000 $10,000 $850,000 $850,000 $1,700,000 estimated at the higher cost per students using the maximum award. More students may be assisted depending on average costs per student determined after programming is implemented. Estimated Average Program Costs for Duplicate and Lesser Degree at $2.0M for two (2) years providing services for approximately 170 applicants is $11,800 per person. Funding Suspended Students from the Oneida Higher Education Scholarship The expected benefit from this type of funding program is to allow former Oneida Higher Education Students who are suspended from the Oneida Higher Education Scholarship to regain good standing with the program. A good standing could offer the student the opportunity to complete the course work started and to achieve a post-secondary degree. With such a degree, most graduates can improve upon their current employment situation and locate better paying jobs. Currently there are 730 students suspended from the Oneida Higher Education Scholarship. Applicants who apply and are accepted into this program would receive up to $10,000 per academic year toward the cost of tuition, books, and required course fees (e.g., tools for a mechanic, tactical gear for law enforcement, etc.) To improve on last year’s CARES Higher Education Fund, a clear and defined audit trail will be established by the following steps documenting how funds were spent: 1) Tuitions fees, books and specific course fees are paid by check directly to the schools, colleges, universities, or vendors a) If a student withdraws early from the program, Oneida will request that reimbursements are sent back to the Oneida Tribe versus the individual student. 2) If a student pays for required course fees on their own, they may be entitled to a reimbursement upon submission of a valid receipt documenting payment. a) Reimbursements will not be granted without a receipt. ARPA Post-Secondary Recommendations Education & Training Area Page 7 of 16 Public Packet 66 of 212 Estimated Costs for Suspended Degree Program Funding Overview FY 2022 2023 Totals AY (August to July of Following Year) 2021-2022 2022-2023 ** Estimated Number of Applicants Maximum Funding Level Estimated Total Cost 85 85 170** $10,000 $10,000 $850,000 $850,000 $1,700,000 estimated at the higher cost per students using the maximum award. More students may be assisted depending on average costs per student determined after programming is implemented. Operational Considerations Due to current staffing limitations in the Education & Training Area, it is recommended that two (2) Limited Term Employees (LTE) are hired at full time hours to implement this project. In addition, it is recommendation that the Oneida Education & Training Administration and Oneida Higher Education staff submit monthly accounting-based expense (aka PAR) reports to reimburse time that is spent working on this project to save on Tribal Contribution funds. Education & Training area employees will need to develop, manage, train, and implement this project. An estimated cost of $105,000 for approximately five (5) staff members in the area is included. Annual operating costs for two (2) LTE at 40 hours/week is estimated at $200,000 per year. Since these funds are not currently budgeted, all funding for the student awards and operating costs will need to be derived from the ARPA funds. Further development of standard operating procedures (SOPs), resolutions/laws, policies could start after this report is approved. Estimated Operational Costs FY Estimated Personnel Cost (including Fringe Benefit & Indirect Cost) 2022 $93,000 2023 $93,000 Number of Full Time Equivalents (FTE) Estimated Personnel Expenses in E&T Area (off set TC) Estimated Supplies Equipment Costs Estimate Space Costs Utilities Total 2 2 $105,000 $105,000 $4000 $4000 $5000 $5000 $300,000 $300,000 $600,000 ARPA Post-Secondary Recommendations Education & Training Area Page 8 of 16 Public Packet 67 of 212 Conclusion In closing, this report is requesting approval from the Oneida Business Committee to use the Oneida Tribe’s American Rescue Plan Act (ARPA) funds to implement project work on two-types of post-secondary funding projects for FY 2022 and FY 2023 using a total for both years of $4M under the General Manager’s office. Accepting this report is recommended as a response to the Oneida Community member’s request made on 08.25.21 for lesser and duplicate degrees. This report addresses the issues associated with the former CARES Higher Education fund in FY 20 and incorporates lessons learned. Recommendation Fund Two Types of Post-Secondary ARPA Funding: A. Provide funding for qualifying Oneida post-secondary students, 18 years or older, towards a duplicate or lesser degree using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years. AND B. Provide funding for qualifying Oneida post-secondary students, 18 years or older, who are currently suspended from the Oneida Higher Education Scholarship to regain a good standing using $2M of ARPA funds with a goal of serving no less than 170 qualified students for two years. The benefits of these funding projects are: • Provide Oneida community young adult and adult members the ability to improve upon their current job skills to find employment, locate better paying jobs, or retain their current employment status. • The project could assist Oneidas who are currenlty unemployed and/or underemployed. It is estimated that Oneida Nation workforce is down 24%. 8 • The project could assist in reducing current poverty rates by providing members with increased job skills. Poverty rates are estimated to be 29% for American Indian/Alaskan Native (AIAN) from the Census Bureau. 9 • At the minimum, it is anticipated that 320 Oneida members aged 18 years and older, will participate in this program to increase their employability skills and potentially improve their career status. We look forward to working on this type of post-secondary programming for the Oneida community. Thank you, 8 9 See Appendix, Melissa Nuthals email Thursday 09.23.21 1:53 PM Ibid. ARPA Post-Secondary Recommendations Education & Training Area Page 9 of 16 Public Packet 68 of 212 Contact: Jacqueline (Jackie) Smith Oneida Education & Training Area Manager 920.869.4037 work 920.606.8705 cell jsmith@oneidanation.org ARPA Post-Secondary Recommendations Education & Training Area Page 10 of 16 Public Packet 69 of 212 Appendix Costs of Tuition & Associated Expenses Average tuition and fees for Public Colleges in WI is $6,520 in state. National average is $6,852 for in-state students. Wisconsin colleges are divided into four-year (or high) universities, 2-4 years (community colleges) UW-Green Bay $7,873 tuition and fees in-state, cost per credit hour $262 in-state, books and supplies $800, living costs on/off campus $7,280 Northeast WI Technical College $4,659 tuition and fees in-state, cost per credit hour $155, books and supplies $2,096, living off campus $7,800 Link: 2021 Tuition Comparison Between Public Colleges in Wisconsin (collegetuitioncompare.com) Employment Credentials Construction certifications $594/class; certified construction manager application & exam fees $700, contraction management certification in CA $10,650 Electrical engineering certifications Key accountant certification program $2,450 Certified reliability engineer $498 Environmental engineering certifications Board certified environmental engineer $175 Fundamentals of Engineering $225 exam fee Environmental Health & Safety Certifications Associate Safety profession $510 Safety Management Specialist $610 Finance/Accounting Certifications Certified internal auditor $1,500 Certified management accountant $1000-$2000 Link: List of Professional Certifications by Industry - The Corporate Minority ARPA Post-Secondary Recommendations Education & Training Area Page 11 of 16 Public Packet 70 of 212 Data on Oneida Community Oneida 2020 Quality of Life Survey Report, page 5. Melissa Nuthals Emails 09.23.21 From: Melissa L. Nuthals Sent: Thursday, September 23, 2021 12:42 PM To: Jacqueline M. Smith Subject: RE: Data on Oneida Community Educational Status I only have data from Oneidas who live in Brown & Outagamie Counties. There are 5,368 enrolled Oneidas living in Brown & Outagamie Counties aged 25+. Based on the results of the 2020 Quality of Life Survey, 6% of enrolled Oneidas aged 25+ in Brown & Outagamie Counties have less than a high school diploma. (About 313 enrolled Oneidas.) 4% Vocational/Technical Degree ~238 12% Associate Degree ~626 31% Bachelor’s Degree or Higher ~1,639 The Census Bureau also reports educational attainment for American Indians, but their rates are always lower than what is self-reported on the QOL survey. Maybe it’s the smaller sample size that they have for AIAN which creates a larger margin of error. The Oneida educational attainment is like what the Census Bureau reports for the public in Brown & Outagamie Counties. Let me know if you have any other questions. Melissa ARPA Post-Secondary Recommendations Education & Training Area Page 12 of 16 Public Packet 71 of 212 About 47% of Oneidas aged 25+ (2,503) have received at least a 2-year degree. The unemployment rate at the time of the 2020 QOL Survey was 31%. Prior to the pandemic, it was 9%. As of last week, the Oneida Nation workforce was still down 24%. In the past, there was a question about underemployed, but it was not reliable, so it was removed from the survey. Unfortunately, in the 2020 QOL Survey, there was a printing error in the household income question. Therefore, I could not calculate current poverty rates. In 2018, the family poverty rate of Oneida households in Brown & Outagamie Counties was 24%. The Census Bureau estimated that 29% of AIAN families in Brown & Outagamie Counties were below poverty. Here is what the Census Bureau estimates for poverty by age for AIAN (2019 ACS 5-year estimates): Age % Below Poverty Sent: Tuesday, September 21, 2021 4:01 PM To: Tehassi Tasi Hill ; Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; Lisa A. Liggins ; Daniel P. Guzman ; David P. Jordan ; Kirby W. Metoxen ; Ethel M. Summers ; Jennifer A. Webster Cc: Secretary ; Kristal E. Hill ; Rhiannon R. Metoxen ; Danelle A. Wilson Subject: E‐POLL REQUEST: Approve the travel request ‐ Councilman Kirby Metoxen ‐ Red Cliff Cultural Days ‐ Miskwaabekong (Red Cliff Reservation) ‐ September 24‐26, 2021 Importance: High E‐POLL REQUEST 1 Public Packet 105 of 212 Summary: NATOW has extended an invitation to Councilman Kirby Metoxen to attend Red Cliff Cultural Days from September 24‐ 26, 2021 in Miskwaabekong (Red Cliff Reservation). *Travel costs to be paid for by NATOW. Justification for E‐Poll: The request was received after the deadline for the 9/22 BC meeting; BC approval is required per the Travel and Expense Policy. Requested Action: Approve the travel request for Councilman Kirby Metoxen to attend the Red Cliff Cultural Days in Miskwaabekong (Red Cliff Reservation) ‐ September 24‐26, 2021 Deadline for response: Responses are due no later than 4:30 p.m., Wednesday, September 22, 2021. Voting: 1. Use the voting button above, if available; OR 2. Reply with “Support” or “Oppose”. Lisa Liggins Secretary Oneida Business Committee 2 Public Packet 106 of 212 Public Packet 107 of 212 Public Packet 108 of 212 Public Packet 109 of 212 Enter the e-poll results into the record regarding the approved travel request - Chairman Tehassi Hill -... Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☒ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet From: Sent: To: Cc: Subject: Attachments: 110 of 212 Secretary Friday, September 24, 2021 2:27 PM Brandon L. Yellowbird-Stevens; Cristina S. Danforth; Daniel P. Guzman; David P. Jordan; Ethel M. Summers; Jennifer A. Webster; Kirby W. Metoxen; Lisa A. Liggins; Tehassi Tasi Hill Secretary; Danelle A. Wilson; Rhiannon R. Metoxen; Kristal E. Hill E-POLL RESULTS: Approve Chairman Hill’s travel request to Washington D.C. September 28 – 29, 2021 for the purposes of meetings with congressional leadership regarding ICWA. 2021 09 23 EPOLL Request Approve Chairman Hill travel reqeust to Washington DC Sept 28-29 ICWA.pdf E‐POLL RESULTS The e‐poll to approve Chairman Hill’s travel request to Washington D.C. September 28 – 29, 2021 for the purposes of meetings with congressional leadership regarding ICWA, has carried. Below are the results: Support: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Brooke Doxtator BCC Supervisor Business Committee Support Office (BCSO) office 920.869.4452 fax 920.869.4040 From: Secretary Sent: Thursday, September 23, 2021 4:39 PM To: Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; Daniel P. Guzman ; David P. Jordan ; Ethel M. Summers ; Jennifer A. Webster ; Kirby W. Metoxen ; Lisa A. Liggins ; Tehassi Tasi Hill Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill ; Secretary Subject: E‐POLL REQUEST: Approve Chairman Hill’s travel request to Washington D.C. September 28 – 29, 2021 for the purposes of meetings with congressional leadership regarding ICWA. E‐POLL REQUEST Summary The Oneida Nation is one of the four Tribes (Oneida, Cherokee, Quinault and Morongo) that have filed certiorari before the U.S. Supreme Court in Brackeen v Haaland regarding Indian Child Welfare. The Tribes have discussed a legislative strategy to address some of the issues in the case. We have secured meetings with congressional leadership to discuss these issues. Other meetings/events have been scheduled as well. See attached itinerary. *Please note Chairman Hill was previously approved to attend a meeting w/Secretary Deb Haaland on September 28, 2021, but her office requested that the meeting be rescheduled to late October. 1 Public Packet 111 of 212 Justification: The next Business Committee meeting will not take place until October 13, 2021 and this travel will take place prior to the meeting. Requested Action: Approve Chairman Hill’s travel request to Washington D.C. September 28 – 29, 2021 for the purposes of meetings with congressional leadership regarding ICWA. Deadline for response: Responses are due no later than 4:30 p.m., Friday, September 24, 2021. Voting: 1. Use the voting button above, if available; OR 2. Reply with “Support” or “Oppose”. Brooke Doxtator BCC Supervisor Business Committee Support Office (BCSO) office 920.869.4452 fax 920.869.4040 2 Public Packet 112 of 212 Oneida Business Committee Travel Request 1. OBC Meeting Date Requested: 10 / 13 / 21 e-poll requested 2. General Information: Event Name: Event Location: Washington, DC Attendee(s): Tehassi Hill Departure Date: Attendee(s): Return Date: Attendee(s): 3. Budget Information: Funds available in individual travel budget(s) Unbudgeted Cost Estimate: 1,000 Grant Funded or Reimbursed 4. Justification: Describe the justification of this Travel Request: Summary The Oneida Nation is one of the four Tribes (Oneida, Cherokee, Quinault and Morongo) that have filed certiorari before the U.S. Supreme Court in Brackeen v Haaland regarding Indian Child Welfare. The Tribes have discussed a legislative strategy to address some of the issues in the case. We have secured meetings with congressional leadership to discuss these issues. Other meetings/events have been scheduled as well. See attached itinerary. Justification: The next Business Committee meeting will not take place until October 13, 2021 and this travel will take place prior to the meeting. Requested Action: 1. Approve Chairman Hill’s travel request to Washington D.C. September 28 – 29, 2021 for the purposes of meetings with congressional leadership regarding ICWA. 5. Submission Sponsor: Tehassi Hill, Chairman 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 Form approved by OBC on 03/25/2015 Public Packet 113 of 212 Tuesday, Sept. 28 12:30PM Tom Cole for Congress Joe’s Seafood, 750 15th Street NW 5:00PM Jerry Carl for Congress Piominko House, 4th and East Capitol Street 6:00PM Devin Nunes for Congress Capitol Hill Club, 300 First Street SE Wednesday, Sept. 29 10:00AM Meeting with Congressman Tom Cole (R‐OK) Subject: Indian Child Welfare Act Rayburn House Office Building, Room 2207 Meeting Requests Pending Office of Senator Tammy Baldwin (D‐WI) Office of Congresswoman Gwen Moore (D‐WI) Public Packet 114 of 212 Enter the e-poll results into the record regarding the approved travel request - Vice-Chairman Brandon... Business Committee Agenda Request 1. Meeting Date Requested: 10/13/21 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☒ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet From: Sent: To: 115 of 212 Attachments: Secretary Tuesday, October 5, 2021 11:34 AM Tehassi Tasi Hill; Brandon L. Yellowbird-Stevens; Cristina S. Danforth; Lisa A. Liggins; Daniel P. Guzman; David P. Jordan; Kirby W. Metoxen; Ethel M. Summers; Jennifer A. Webster Secretary; Kristal E. Hill; Rhiannon R. Metoxen; Danelle A. Wilson; Chad A. Wilson; BC_Agenda_Requests E-POLL RESULTS: Approve Vice Chairman Stevens travel request G2E, Las Vegas, NV October 5 October 6, 2021 2021 10 01 EPOLL Travel Request G2E Las Vegas 10 6 21 BYS ARF.pdf Importance: High Cc: Subject: E‐POLL RESULTS The e‐poll to approve Vice Chairman Steven’s travel request to attend G2E, Las Vegas, NV October 5‐6, 2021., has carried. Below are the results: Support: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Marie Summers, Jennifer Webster Brooke Doxtator BCC Supervisor Business Committee Support Office (BCSO) office 920.869.4452 fax 920.869.4040 From: Secretary Sent: Friday, October 1, 2021 4:15 PM To: Tehassi Tasi Hill ; Brandon L. Yellowbird‐Stevens ; Cristina S. Danforth ; Lisa A. Liggins ; Daniel P. Guzman ; David P. Jordan ; Kirby W. Metoxen ; Ethel M. Summers ; Jennifer A. Webster Cc: Secretary ; Kristal E. Hill ; Rhiannon R. Metoxen ; Danelle A. Wilson ; Chad A. Wilson Subject: E‐POLL REQUEST: Approve Vice Chairman Stevens travel request G2E, Las Vegas, NV October 5 ‐ October 6, 2021 Importance: High E‐POLL REQUEST Summary: 1 Public Packet 116 of 212 Vice Chairman Stevens was requested to speak at G2E, regarding Sports Betting in Las Vegas, NV October 5 – 6, 2021. Room will be covered by Victor Rocha, Conference Chairman, National Indian Gaming Association, Pechanga Band of Luiseño Indians. Justification for E‐Poll: The next Business Committee meeting will not take place until October 13, 2021 and this travel will take place prior to the meeting. Requested Action: Approve Vice Chairman Steven’s travel request to attend G2E, Las Vegas, NV October 5‐6, 2021. Deadline for response: Responses are due no later than 4:30 p.m., Monday, October 4, 2021. Voting: 1. Use the voting button above, if available; OR 2. Reply with “Support” or “Oppose”. Yaw^ko, Chad Wilson, Senior Information Management Specialist Business Committee Support Office 920.869.4478 P.O. Box 365 Oneida, WI 54155‐0365 oneida‐nsn.gov “The best way to predict the future is to create it.” – Abraham Lincoln "In every deliberation, we must consider the impact on the seventh generation...” – Haudenosaunee Great Law CONFIDENTIALITY NOTICE: This message and any included attachments are intended only for the addressee. This message may contain privileged, confidential, or proprietary information. Unauthorized forwarding, printing, copying, distribution, or use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please inform us promptly by reply e‐mail, then delete the e‐mail and destroy any printed copy. 2 Public Packet 117 of 212 Oneida Business Committee Travel Request 1. OBC Meeting Date Requested: 10 / 13 / 21 e-poll requested 2. General Information: Event Name: Global Gaming Expo Event Location: Las Vegas, NV Attendee(s): Brandon Stevens Departure Date: Oct 5, 2021 Attendee(s): Return Date: Oct 6, 2021 Attendee(s): 3. Budget Information: Funds available in individual travel budget(s) Unbudgeted Cost Estimate: $300 Grant Funded or Reimbursed 4. Justification: Describe the justification of this Travel Request: Vice Chairman Stevens was requested to speak at G2E, regarding Sports Betting in Las Vegas, NV October 5 – 6, 2021. 5. Submission Sponsor: Brandon Stevens, Vice-Chairman 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 Form approved by OBC on 03/25/2015 Public Packet 118 of 212 Danelle A. Wilson From: Sent: To: Subject: Brandon L. Yellowbird-Stevens Friday, October 1, 2021 3:14 PM Danelle A. Wilson Fwd: Wednesday's Podcast Can you do a travel request for me, it’ll be out of my travel budget just paying for flight costs which is about 262 right now Get Outlook for iOS From: Victor Rocha Sent: Friday, October 1, 2021 3:06:44 PM To: Brandon L. Yellowbird‐Stevens Cc: McCoy, Allison (RX) Subject: RE: Wednesday's Podcast Yes, I have you on the schedule for Wednesday: G2E 2021 - October 6th 10am10:50am Sports Betting in Indian Country: The Latest Opportunities and Conflicts Despite the pandemic shutdown, sports betting has made incredible inroads across the country in the last year and [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%3A069474f9e3091eed. Public record. Not legal advice.