BC Meeting Materials May 25, 2016

Tribal code

Ask Donna

What actually matters in this document.

Text

Oneida Nation

BC Meeting Materials May 25, 2016

Open Session

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that

the following 728 pages are the Open Session meeting materials presented at a

meeting duly called, noticed and held on the 25th day of May, 2016.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

Page 1 of 317

Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, May 24, 2016

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

9:00 a.m. Wednesday, May 25, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: http://oneida-nsn.gov/

I.

CALL TO ORDER AND ROLL CALL

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATHS OF OFFICE

A. Oneida Nation Arts Board – Marena Bridges and Dawn Walschinski

page 8

B. Oneida Election Board – Patricia Moore

page 10

Sponsor:

Lisa Summers, Tribal Secretary

Sponsor:

V.

Lisa Summers, Tribal Secretary

MINUTES

A. Approve May 5, 2016, emergency meeting minutes

page 12

B. Approve May 11, 2016, regular meeting minutes

page 15

Sponsor:

Lisa Summers, Tribal Secretary

Sponsor:

VI.

Lisa Summers, Tribal Secretary

RESOLUTIONS

A. Adopt resolution titled Adoption of Marriage Law Amendments

Sponsor:

Brandon Stevens, Councilman

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 1 of 7

page 32

Page 2 of 317

VII.

APPOINTMENTS

A. Approve recommendation to appoint Jim Skenandore Jr. to the Audit Committee

Sponsor:

VIII.

Tina Danforth, Tribal Chairwoman

page 50

STANDING COMMITTEES

A. Legislative Operating Committee

Sponsor:

Councilman Brandon Stevens, Chair

1. Accept May 4, 2016, Legislative Operating Committee meeting minutes

page 52

2. Accept Legislative Operating Committee FY ’16 2nd quarter report

page 57

B. Finance Committee

Sponsor:

Treasurer Trish King, Chair

1. Approve May 16, 2016, Finance Committee meeting minutes

2. Approve E-poll results for approval of a Capital Expenditure Purchase of an

InterSeeder in the amount of $90,999

page 61

page 67

C. Community Development & Planning Committee (No Requested Action)

D. Quality of Life Committee

Sponsor:

IX.

Councilwoman Fawn Billie, Chair

1. Accept March 10, 2016, Quality of Life Committee meeting minutes

page 78

2. Accept April 14, 2016, Quality of Life Committee meeting minutes

page 82

GENERAL TRIBAL COUNCIL

A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board

1. Accept legislative analysis

page 87

2. Accept legal analysis

page 93

3. Defer financial analysis for thirty (30) days

page 126

Sponsor:

Sponsor:

Sponsor:

Brandon Stevens, Councilman

Jo Anne House, Chief Counsel

Larry Barton, Chief Financial Officer

EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the legal analysis to

the next regular business Committee meeting, seconded by David Jordan. Motion carried

unanimously.

EXCERPT FROM APRIL 27, 2016: Motion by Melinda J. Danforth to accept the legislative

progress report, seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM March 9, 2016: Motion by David Jordan to accept the verified petition from

Michael Debraska to establish a Health Care Board; to send the verified petition to the Law,

Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative,

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 2 of 7

Page 3 of 317

and administrative analyses to be completed; to direct the Law, Finance, and Legislative

Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60)

days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct

Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s

Office within thirty (30) days, seconded by Trish King. Motion carried unanimously.

B. Accept financial analysis regarding Petitioner Michael Debraska: Special GTC meeting for

Per Capita Distribution $3,000/$5,000

Sponsor:

Larry Barton, Chief Financial Officer

page 128

EXCERPT FROM MAY 12, 2016: Motion by David Jordan to accept the verified petition from

Michael Debraska regarding Per Capita Distribution; to send the verified petition to the Law,

Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and

administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference

Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a

progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to

submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30)

day, seconded by Lisa Summers. Motion carried unanimously.

C. Approve 2016 Semi-Annual General Tribal Council meeting materials

Sponsor:

X.

Lisa Summers, Tribal Secretary

page 138

STANDING ITEMS

A. Accept update regarding Work Plan for CIP # 14-002 Cemetery Improvements

Sponsor:

James Petitjean, Interim Assistant Division Director/Development

B. Accept update from Constitutional Amendments Implementation Team; and approve

request to revise reporting schedule to every other month

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

XI.

UNFINISHED BUSINESS (No Requested Action)

XII.

TABLED BUSINESS (No Requested Action)

XIII.

NEW BUSINESS

A. Approve request to post one (1) vacancy on the Oneida Police Commission

Sponsor:

Lisa Summers, Tribal Secretary

B. Approve limited waiver of sovereign immunity – Discovery Education – contract # 20160483 (This item is scheduled at 9:10 a.m.)

Sponsor:

Fawn Billie, Councilwoman

page 139

page 143

page 172

page 174

C. Approve limited waiver of sovereign immunity – Memorandum of Agreement for Project

BE-16-J78 Beechtree Lane Water and Sewer Extension – contract # 2016-0450; and

authorize the Tribal Chairwoman to sign-off on agreement

Sponsor:

Jacque Boyle, Interim Assistant Division Director/Development-Operations

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 3 of 7

page 186

Page 4 of 317

D. Approve limited waiver of sovereign immunity – Wisconsin Public Service – contract #

2016-0510

Sponsor:

James Petitjean, Interim Assistant Division Director/Development

E. Approve Oneida Business Committee Special Projects for FY 2017 budget consideration

Sponsor:

Trish King, Tribal Treasurer

F. Approve Oneida Business Committee Corporate Credit Card Standard Operating

Procedure

Sponsor:

XIV.

Lisa Summers, Tribal Secretary

page 247

page 252

page 257

TRAVEL (No Requested Action)

A. TRAVEL REPORTS

B. TRAVEL REQUESTS

XV.

REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)

A. OPERATIONAL REPORTS

1. Accept Comprehensive Health Division FY ’16 2nd quarter report

(This item is scheduled at 9:30 a.m.)

Sponsor:

Debra Danforth, Division Director/Comprehensive Health Operations & Dr.

Ravinder Vir, Division Director/Medical Operations

page 273

B. CORPORATE REPORTS (No Requested Action)

C. BOARDS, COMMITTEES, AND COMMISSIONS

1. Accept Oneida Nation School Board FY ’16 2nd quarter report

page 299

2. Accept Environmental Resources Board FY ’16 2nd quarter report (1:30 p.m.-1:45 p.m.)

page 303

3. Accept Child Protective Board FY ’16 2nd quarter report (1:45 p.m.-2:00 p.m.)

page 307

4. Accept Oneida Library Board FY ’16 2nd quarter report (2:00 p.m.-2:15 p.m.)

page 315

(This item is scheduled at 9:20 a.m.)

Chair:

Debra Danforth

Liaison:

Fawn Billie, Councilwoman

Chair:

Liaison:

Chair:

Liaison:

Vice-Chair:

Liaison:

Marlene Garvey

Tehassi Hill, Councilman

Dale Powless

Lisa Summers, Tribal Secretary

Roxanne Anderson

Fawn Billie, Councilwoman

5. Accept Land Claims Commission FY ’16 2nd quarter report (Report not submitted)

Chair:

Liaison:

Loretta Metoxen

Brandon Stevens, Councilman

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 4 of 7

Page 5 of 317

XVI.

EXECUTIVE SESSION

A. REPORTS

1. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager

(9:00 a.m. – 9:45 a.m.)

page 318

a. Approve limited waiver of sovereign immunity – Shift4Dollars-Net Service

Agreement – contract # 2016-0391

page 320

b. Approve request to support Gaming General Manager’s term renewal on the

Green Bay Area Chamber of Commerce Board of Directors

page 357

2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director

page 369

3. Accept Chief Counsel report – Jo Anne House, Chief Counsel

page 411

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association (9:45 a.m. – 10:15 a.m.)

Sponsor:

Trish King, Tribal Treasurer

page 412

C. AUDIT COMMITTEE

Sponsor:

Tehassi Hill, Councilman

1. Accept update and presentation regarding audit # 336 (11:00 a.m. – 12:00 p.m.)

page 429

D. UNFINISHED BUSINESS

1. Approve request to close-out complaint # 2015-DR11-01

Sponsor:

David Jordan, Councilman

EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR11-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi

Hill. Motion carried unanimously.

EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding

Complaint # 2015-DR11-01 to the April 27, 2016, regular Business Committee meeting,

seconded by Jennifer Webster.

EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding

complaint # 2015-DR11-01 to the March 30, 2016, regular Business Committee meeting,

seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of

the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn

Billie. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint #

2015-DR11-01 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan,

and Councilman Brandon Stevens for follow-up, seconded by Jennifer Webster. Motion

carried unanimously.

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 5 of 7

page 430

Page 6 of 317

2. Approve request to close-out complaint # 2015-DR11-02

Sponsor:

David Jordan, Councilman

page 439

EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR11-02 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi

Hill. Motion carried unanimously.

EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding

Complaint # 2015-DR11-02 to the April 27, 2016, regular Business Committee meeting,

seconded by Jennifer Webster.

EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding

complaint # 2015-DR11-02 to the March 30, 2016, regular Business Committee meeting,

seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of

the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn

Billie. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept complaint #

2015-DR11-02 and to defer item to Chairwoman Tina Danforth, Councilman David Jordan,

and Councilman Brandon Stevens for follow-up, seconded by Fawn Billie. Motion carried

unanimously.

3. Approve request to close-out complaint # 2015-DR14-01

Sponsor:

David Jordan, Councilman

page 443

EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2015DR14-01 to the May 25, 2016, regular Business Committee meeting, seconded by Tehassi

Hill. Motion carried unanimously.

EXCERPT FROM MARCH 30, 2016: Motion by David Jordan to defer the update regarding

Complaint # 2015-DR14-01 to the April 27, 2016, regular Business Committee meeting,

seconded by Jennifer Webster.

EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to defer the update regarding

complaint # 2015-DR14-01 to the March 30, 2016, regular Business Committee meeting,

seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to defer the remainder of

the agenda to the March 9, 2016, regular Business Committee meeting, seconded by Fawn

Billie. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: Motion by David Jordan to defer complaint # 2015DR14-01 to Chairwoman Tina Danforth, Councilman David Jordan, and Councilman Brandon

Stevens for follow-up, seconded by Lisa Summers. Motion carried unanimously.

4. Accept update regarding complaint # 2016-DR06-01; and defer item to the June 22,

2016, regular Business Committee meeting

Sponsor:

Tehassi Hill, Councilman

EXCERPT FROM MARCH 30, 2016: Motion by Tehassi Hill to accept Complaint # 2016DR06-01, to acknowledge merit, and to assign Councilman Brandon Stevens, Councilman

Tehassi Hill, and Councilwoman Jennifer Webster, seconded by Fawn Billie. Motion carried

with one abstention.

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 6 of 7

page 447

Page 7 of 317

5. Accept updated correspondence from the Oneida Personnel Commission dated May

12, 2016, for the record and determine appropriate next steps

Sponsor: Lisa Summers, Tribal Secretary

page 449

EXCERPT FROM MAY 11, 2016: Motion by Jennifer Webster to defer the outstanding

request back to the Oneida Personnel Commission to request they review and update their

request, if needed; and for the Oneida Personnel Commission to submit a finalized request to

the Business Committee for the June 8, 2016, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried with one opposed and two abstentions.

E. TABLED BUSINESS (No Requested Action)

F. NEW BUSINESS

1. Approve limited waiver of sovereign immunity – Trane US Inc. – contract # 2016-0482

page 511

2. Review complaint # 2016-CC-07 and determine appropriate next steps

page 525

3. Review complaint # 2016-CC-08 and determine appropriate next steps

page 565

4. Review complaint # 2016-DR02-01 and determine appropriate next steps

page 579

5. Review complaint # 2016-DR10-02 and determine appropriate next steps

page 583

(This item is scheduled at 1:30 p.m.)

Sponsor:

Fawn Billie, Councilwoman

Sponsor:

Sponsor:

Sponsor:

Sponsor:

Tina Danforth, Tribal Chairwoman

Tina Danforth, Tribal Chairwoman

Tina Danforth, Tribal Chairwoman

Tina Danforth, Tribal Chairwoman

6. Approve request to direct Business Committee Officers to work with Operations

Branch of Development Division to remove Oneida Indian Development Land signs

Sponsor: Lisa Summers, Tribal Secretary

7. Approve staff attorney contract # 2016-0540

Sponsor:

XVII.

Jo Anne House, Chief Counsel

page 631

page 638

ADJOURN

Posted on the Nation’s official website, www.oneida-nsn.gov, at 12:00 p.m., Friday, May 20, 2016, pursuant to the Open

Records and Open Meetings Law, section 7.17-1. For additional information, please call the Business Committee Support

Office at (920) 869-4364.

The meeting packet of the open session materials for this meeting is available to members of the Nation by going to the

Members-Only section of the Nation’s official website at: www.oneida-nsn.gov/MembersOnly

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.

Oneida Business Committee Regular Meeting Agenda of May 25, 2016

Page 7 of 7

Page 8 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

05 / 25 / 16

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Marena Bridges and Dawn Walschinski to the Oneida Arts Board

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor:

Kathleen M. Metoxen, Executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Page 9 of 317

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The posting was in the March 17, 2016 issue of the Kalihwisaks for (3) vacancies on the Oneida Arts Board for

Marena Bridges to finish the term until 7/22/18 and Dawn Walschinski to a 3yr term with the deadline of 4/18/16.

There were (2) applicants for the (3) vacancies on the Oneida Arts Board. The appointment was made on the May

11, 2016 BC Agenda.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Page 10 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

05 / 25 / 16

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Patricia Moore ================

and Candace House to the Oneida Election Board

(Candace House is unable to make this meeting.)

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor:

Kathleen M. Metoxen, Executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Page 11 of 317

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The posting was in the February 18, 2016 issue of the Kalihwisaks for (2) vacancies on the Oneida Election Board

for Patricia Moore to finish the term until 8/14/16 ==============================================

and Candace House to finish the term until 8/14/17 with the

=====================

deadline of March 18, 2016 There were (2) applicants for the (2) vacancies on the Oneida Election Board. The

appointment was made on the May 11, 2016 BC Agenda.

(Candace House is unable to make this meeting.)

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

Page 12 of 317



  /  / 





























 







































Page 13 of 317

DRAFT

Oneida Business Committee

Emergency Meeting

3:00 p.m. Thursday, May 5, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EMERGENCY MEETING

Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members Fawn Billie, Tehassi

Hill, David Jordan, Jennifer Webster;

Not Present: Councilman Brandon Stevens;

Arrived at: Chairwoman Tina Danforth at 3:17 p.m. and Treasurer Trish King at 3:08 p.m.;

Others present: Dale Wheelock, Scott Denny, Jim Bittorf, RaLinda Ninham-Lamberies, Larry Barton, Jo Anne

House

I.

CALL TO ORDER AND ROLL CALL by at Vice-Chairwoman Melinda J. Danforth 3:04 p.m.

For the record:

II.

OPENING

III.

ADOPT THE AGENDA

Councilman Brandon Stevens is away on approved travel to the Spring Haskell

Board of Regents meeting in Lawrence, KS.

Motion by Lisa Summers to adopt the agenda as presented, seconded by Fawn Billie. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Trish King, Brandon Stevens

IV.

EXECUTIVE SESSION

Motion by Lisa Summers to go into executive session at 3:05 p.m., seconded by Fawn Billie. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Trish King, Brandon Stevens

Treasurer Trish King arrives at 3:08 p.m.

Chairwoman Tina Danforth arrives at 3:17 and assumes responsibility of the Chair.

Councilman Tehassi Hill departs at 3:40 p.m.

Oneida Business Committee Emergency Meeting Minutes DRAFT of May 5, 2016

Page 1 of 2

Page 14 of 317

DRAFT

Motion by Lisa Summers to come out of executive session at 3:50 p.m., seconded by David Jordan. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, David Jordan, Trish King, Lisa Summers,

Jennifer Webster

Not Present:

Tehassi Hill, Brandon Stevens

A. New Business

1. Approve limited waiver of sovereign immunity – Attorney Retainer Contract # 2016-0470

Sponsor:

Jo Anne House, Chief Counsel

Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Attorney Retainer Contract #

2016-0470, seconded by Trish King. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, David Jordan, Trish King, Lisa Summers,

Jennifer Webster

Not Present:

Tehassi Hill, Brandon Stevens

Motion by Lisa Summers to have the Chair and Vice-Chair as additional primary points of contact for this issue,

seconded by David Jordan. Motion carried with one abstention:

Ayes:

Fawn Billie, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Abstained:

Melinda J. Danforth

Not Present:

Tehassi Hill, Brandon Stevens

V.

ADJOURN

Motion by Lisa Summers to adjourn at 3:52 p.m., seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, David Jordan, Trish King, Lisa Summers,

Jennifer Webster

Not Present:

Tehassi Hill, Brandon Stevens

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented/corrected on _________.

_________________________________

Lisa Summers, Tribal Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Emergency Meeting Minutes DRAFT of May 5, 2016

Page 2 of 2

Page 15 of 317



  /  / 





























 







































Page 16 of 317

DRAFT

Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, May 10, 2016

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

9:00 a.m. Wednesday, May 11, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,

Tehassi Hill, Brandon Stevens, Jennifer Webster;

Not Present: Secretary Lisa Summers, Councilman David Jordan;

Arrived at: Chairwoman Tina Danforth at 9:08 a.m.;

Others present: Larry Barton, Jo Anne House, Lisa Liggins, Paul Smith, Joyce Johnson, Nancy Barton,

Debra Danforth, Dr. Ravinder Vir;

REGULAR MEETING

Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members:

Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster;

Not Present: ;

Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:24 p.m.;

Others present: Donald Miller, Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Larry Barton,

Wes Martin Jr., Gina Buenrostro, Geraldine Danforth, Norbert Hill Jr., Frank Cornelius, Madelyn

Genskow, Chris Johnson, Don White, Kathy Metoxen, Doug McIntyre, Dawn Moon-Kopetsky, Ed

Delgado, Jessica Wallenfang, Cathy Metoxen, Debra Danforth, Brian Doxtator, Maureen Perkins, Dianne

McLester-Heim, Susan House, Dale Wheelock, Paul Witek, Leyne Orosco, Lisa Liggins, Mike Metoxen,

Jeff Metoxen, Joanie Buckley, Dawn Walschinski, Cheryl Stevens, William Vervoort, David Cluckey,

Marianne Close, Victrietta Hensley, Barb Kolitsch, Mike Hill, Arlie Doxtator, Tamara VanSchyndel, Lois

Strong, Carol Silva, Wayne Metoxen, Bonnie Pigman, Barb Erickson, Geri Villalobos, Rita Summers, Noel

Cleven, Carol Smith, Matt W. Denny, Laneva Hill, Orville Doxtator;

I.

CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:02 a.m.

For the record:

II.

Vice-Chairwoman Melinda J. Danforth is out on personal time and will

arrive for the afternoon session. Chairwoman Tina Danforth is excused

for the afternoon session to attend the Great Lakes Inter-Tribal Council

meeting in Red Cliff, WI.

OPENING by Councilman Tehassi Hill

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 1 of 16

Page 17 of 317

DRAFT

III.

ADOPT THE AGENDA (00:03:00)

Motion by Lisa Summers to adopt the agenda as presented, seconded by Fawn Billie. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

IV.

OATHS OF OFFICE (No Requested Action)

V.

MINUTES (00:08:50)

A. Approve April 27-28, 2016, regular meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the April 27-28, 2016, regular meeting minutes, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

VI.

RESOLUTIONS (00:13:28)

A. Adopt resolution titled 2016 InterTribal Buffalo Council, Buffalo Herd Development Grant

Sponsor:

Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to adopt resolution 05-11-16-A titled 2016 InterTribal Buffalo Council, Buffalo

Herd Development Grant, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Councilman Tehassi Hill departs at 9:28 a.m.

Councilman Tehassi Hill returns at 9:35 a.m.

Treasurer Trish King departs at 9:48 a.m.

Treasurer Trish King returns at 9:51 a.m.

B. Adopt resolution titled Adopting the Marriage License Fee Schedule

Sponsor:

Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to adopt resolution 05-11-16-B titled Adopting the Marriage License Fee

Schedule, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Amendment to the main motion by Lisa Summers to direct the Marriage License Fee schedule be

amended to read $50 fee amount; and that the “Mistake Fee” be changed to “Amendment Fee”,

seconded by Brandon Stevens. Motion carried with two opposed:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers

Opposed:

David Jordan, Jennifer Webster

Not Present:

Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 2 of 16

Page 18 of 317

DRAFT

VII.

APPOINTMENTS (00:56:15)

A. Approve appointments of Marena Bridges and Dawn Walschinski to Oneida Arts Board

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to appoint Marena Bridges and Dawn Walschinski to the Oneida Arts Board,

seconded by Lisa Summers. Motion carried with one abstention:

Ayes:

Fawn Billie, David Jordan, Trish King, Brandon Stevens, Lisa Summers,

Jennifer Webster

Abstained:

Tehassi Hill

Not Present:

Melinda J. Danforth

B. Approve appointments of Patricia Moore and Candace House to Oneida Election Board

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by David Jordan to appoint Patricia Moore and Candace House to the Oneida Election Board,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

VIII.

STANDING COMMITTEES (00:57:43)

A. Legislative Operating Committee

Sponsor:

Councilman Brandon Stevens, Chair

1. Accept April 20, 2016, Legislative Operating Committee meeting minutes

Motion by Lisa Summers to accept the April 20, 2016, Legislative Operating Committee meeting minutes,

seconded by Brandon Stevens. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,

Jennifer Webster

Abstained:

David Jordan

Not Present:

Melinda J. Danforth

B. Finance Committee

Sponsor:

Tribal Treasurer Trish King, Chair

Councilman Tehassi Hill departs at 10:17 a.m.

Councilman Tehassi Hill returns at 10:20 a.m.

Secretary Lisa Summers departs at 10:24 a.m.

Secretary Lisa Summers returns at 10:29 a.m.

1. Review recommendation regarding Floyd Acheson Endowment Fund and determine

appropriate next steps

Motion by Jennifer Webster to forward this item to the next quarterly joint Trust/Enrollment Committee and

Business Committee meeting agenda, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 3 of 16

Page 19 of 317

DRAFT

Motion by Trish King to direct the Chief Financial Officer and Law Office to work with the Trust/Enrollment

Committee on beginning the due diligence as defined in the memorandum from the Chief Financial

Officer to provide as much information as possible for the June 21, 2016, quarterly joint Trust/Enrollment

Committee and Business Committee meeting, seconded by Brandon Stevens. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

2. Approve May 2, 2016, Finance Committee meeting minutes

Motion by David Jordan to approve the May 2, 2016, Finance Committee meeting minutes, seconded by

Trish King. Motion carried with two abstentions:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens

Abstained:

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

For the record:

Secretary Lisa Summers stated I just want to note and I will ask for the

record, for the Finance Committee to provide that list as we discussed in

agenda review for the Community Fund because again, the concern that

I raised, and it’s still applicable because I didn’t get anything and that’s

why I am abstaining from supporting the minutes. So I support the other

actions because it’s clear who the requestors are and who it’s impacting,

but for the Community Fund ones and the follow-up for the Community

Funds, it is very unclear who those requestors are and so I don’t know,

unless you are on the Finance Committee and you have that back up

materials, there is no way for us to know up here as a committee of

whether or not we are conflicted out from those decisions. So that’s why I

am abstaining and I am going to ask for that to be, as we discussed late

last week, for those lists to be generated for the Business Committee to

know whether or not we need to abstain.

C. Community Development & Planning Committee (No Requested Action)

D. Quality of Life Committee (No Requested Action)

IX.

GENERAL TRIBAL COUNCIL (1:59:00)

A. Approve three requests regarding Petitioner Frank Cornelius: four resolutions

1) Investigation into Oneida Seven Generations Corporation

2) Enforcing Salaries for Oneida Seven Generations Corporation

3) Freedom of Speech, Press, and Assembly

4) Imposing a Tax on the Business Committee

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM MARCH 30, 2016: (1) Motion by Melinda J. Danforth to table this item for the

Tribal Secretary to get in contact with Petitioner Frank Cornelius to try to get this issue resolved

by the end of the meeting, seconded by David Jordan. Motion carried unanimously. (2) Motion by

Lisa Summers to approve scheduling Petitioner Frank Cornelius: To address four resolutions to a

Special General Tribal Council on Sunday, August 28, 2016, seconded by Tehassi Hill. Motion

carried unanimously.

EXCERPT FROM MARCH 9, 2016: (1) Motion by Jennifer Webster to accept the updated legal

opinion regarding F. Cornelius petition and move to open session, seconded by Brandon

Stevens. Motion carried unanimously. (2) Motion by David Jordan to accept the legal opinion and

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 4 of 16

Page 20 of 317

DRAFT

to direct the Tribal Secretary to begin scheduling a General Tribal Council meeting, seconded by

Jennifer Webster. Motion carried unanimously.

EXCERPT FROM JANUARY 27, 2016: Motion by Lisa Summers to approve this item for the July

4, 2016, Semi-Annual General Tribal Council meeting, seconded by Jennifer Webster. Motion

carried unanimously.

EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to accept the legal update

as information, seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: (1) Motion by Lisa Summers to accept the fiscal

analyses of the four (4) resolutions, seconded by Brandon Stevens. Motion carried unanimously.

(2) Motion by Lisa Summers to defer the legal analyses of the four (4) resolutions to the

December 23, 2015, regular Business Committee meeting, seconded by Jennifer Webster.

Motion carried unanimously.

EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the fiscal analyses to

the December 9, 2015, regular Business Committee meeting, seconded by Jennifer Webster.

Motion carried with one abstention.

EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept the update

from Chief Counsel regarding legal analyses of resolutions 1-4, seconded by Brandon Stevens.

Motion carried unanimously. (2) Amendment to the main motion by Melinda J. Danforth to provide

a new due date of November 25, 2015, for the legal and financial analyses of resolutions 1-4,

seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM AUGUST 26, 2015: Motion by David Jordan to accept the legislative analyses

for resolution 1-4, seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM AUGUST 17, 2015: (1) Motion by Lisa Summers to take this item from the

table, seconded by David Jordan. Motion carried unanimously. (2) Motion by Jennifer Webster to

forward the four resolutions to the Legislative, Law, Finance Offices for the appropriate analyses

and for those analyses to be due at the September 9, 2015, regular Business Committee

meeting, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers

to request the Law Office provide a legal opinion about what occurs when a petition is submitted

which does not have all the appropriate documentation that would go with the petition, seconded

by Tehassi Hill. Motion carried with one abstention.

EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to

direct the Tribal Secretary to coordinate Business Committee special meeting date for the

remainder of this agenda, seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM JULY 22, 2015: Motion by Brandon Stevens to table this item to next regular

Business Committee meeting, seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM JULY 8, 2015: Motion by Tehassi Hill to accept the update as information and

defer this item to the July 22, 2015, regular Business Committee meeting as agreed upon by the

Business Committee members and the petitioner, seconded by David Jordan. Motion carried

unanimously.

EXCERPT FROM JUNE 24, 2015: Motion by Fawn Billie to defer this item to the next regular

Business Committee meeting and direct the Secretary to work with the petitioner to find a solution

to the concerns, seconded by Tehassi Hill. Motion carried unanimously.

EXCERPT FROM MAY 27, 2015: Motion by David Jordan to direct the Secretary to reach out to

Petitioner Frank Cornelius to request the four (4) resolutions mentioned in the petition be

submitted in thirty (30) days, seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM MAY 13, 2015: (1) Motion by Trish King to acknowledge receipt of the petition

submitted by Frank Cornelius, seconded by Fawn Billie. Motion carried unanimously. (2) Motion

by Trish King to send the verified petition to the Law, Finance, Legislative Reference and Direct

Report Offices for legal, financial, legislative and administrative analyses to be completed; to

direct the Law, Finance and Legislative Offices to submit the analyses to the Secretary within

sixty (60) days and a that a progress report is submitted in forty-five (45) days, seconded by

David Jordan. Motion carried unanimously. (3) Motion by David Jordan to direct the Direct Report

Offices to submit the appropriate administrative analyses to the Secretary within thirty (30) days,

seconded by Trish King. Motion carried unanimously.

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 5 of 16

Page 21 of 317

DRAFT

Motion by Lisa Summers to cancel the Special General Tribal Council meeting of August 28, 2016,

seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Motion by Lisa Summers to schedule a Special General Tribal Council meeting on August 10, 2016 and

to add the Frank Cornelius petition to that agenda, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

B. Accept financial analysis regarding Petitioner Nancy Barton: To open an Emergency Food

Pantry

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM MARCH 9, 2016: Motion by David Jordan to accept the legal analysis noting

the financial analysis is due at the May 11, 2016, regular Business Committee meeting, seconded

by Tehassi Hill. Motion carried unanimously.

EXCERPT FROM FEBRUARY 24, 2016: Motion by Lisa Summers to accept the verbal update

from Chief Counsel and Chief Finance Officer on the status of the analyses and the item be

deferred for sixty (60) days, seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM JANUARY 13, 2016: Motion by Lisa Summers to accept the legislative

analysis, seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to accept the progress

report as information and to defer the legal and financial analyses to the February 24, 2016,

regular Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.

EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the verified petition

submitted by Nancy Barton: To open an Emergency Food Pantry; to send the verified petition to

the Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial,

legislative, and administrative analyses to be completed; to direct the Law, Finance, and

Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within sixty

(60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct

Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office

within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously.

Motion by Lisa Summers to table this item until later on the agenda so that we have time to read the

statement over the lunch hour and we will take it up this afternoon, seconded by Jennifer Webster.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Motion by Tehassi Hill to take this item from the table, seconded by Trish King. Motion carried

unanimously: (6:26:35)

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by David Jordan to accept the financial analysis regarding Petitioner Nancy Barton: To open an

Emergency Food Pantry, seconded by Jennifer Webster. Motion carried unanimously: (6:30:00)

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 6 of 16

Page 22 of 317

DRAFT

C. Accept legal and financial progress reports and legislative analysis regarding Petitioner

Michael Debraska: Special GTC meeting to establish a Health Care Board

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM APRIL 27, 2016: Motion by Melinda J. Danforth to accept the legislative

progress report, seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM March 9, 2016: Motion by David Jordan to accept the verified petition from

Michael Debraska to establish a Health Care Board; to send the verified petition to the Law,

Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and

administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference

Offices to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a

progress report be submitted in forty-five (45) days; and to direct the Direct Report Offices to

submit the appropriate administrative analyses to the Tribal Secretary’s Office within thirty (30)

days, seconded by Trish King. Motion carried unanimously.

Motion by Jennifer Webster to defer the legal analysis to the next regular business Committee meeting,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Councilman David Jordan departs at 11:20 a.m.

Councilman David Jordan returns at 11:23 a.m.

D. Accept petition submitted by Michael Debraska regarding Per Capita Distribution

Sponsor:

Lisa Summers, Tribal Secretary

Motion by David Jordan to accept the verified petition from Michael Debraska regarding Per Capita

Distribution; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report

Offices for the legal, financial, legislative, and administrative analyses to be completed; to direct the Law,

Finance, and Legislative Reference Offices to submit the analyses to the Tribal Secretary’s Office within

sixty (60) days, and that a progress report be submitted in forty-five (45) days; and to direct the Direct

Report Offices to submit the appropriate administrative analyses to the Tribal Secretary’s Office within

thirty (30) day, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Councilman Tehassi Hill departs at 11:34 a.m.

Councilman Tehassi Hill returns at 11:37 a.m.

Councilwoman Jennifer Webster departs at 11:38 a.m.

Councilwoman Jennifer Webster returns at 11:41 a.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 7 of 16

Page 23 of 317

DRAFT

E. Approve June 13, 2016, Special General Tribal Council meeting materials

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the June 13, 2016, Special General Tribal Council meeting materials

with the following change: [To include Petitioner Gina Powless’ materials regarding the creation of a

support system of paralegals, advocates, and attorneys to assist and advocate for enrolled Oneida Tribal

Members that are engaged in any case with the Oneida Judiciary], seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Amendment to the main motion by Trish King to include the Tribal Treasurer’s statement regarding Per

Capita], seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Motion by David Jordan to recess at 12:27 p.m. and to reconvene at 1:30 p.m., seconded by Brandon

Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth

Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:33 p.m.

Chairwoman Tina Danforth, Secretary Lisa Summers, Treasurer Trish King, Councilwoman Fawn Billie,

and Councilman Brandon Stevens not present.

Councilman Brandon Stevens arrives at 1:34 p.m.

Secretary Lisa Summers arrives at 1:36 p.m.

Treasurer Trish King and Councilwoman Fawn Billie arrive at 1:37 p.m.

X.

STANDING ITEMS (No Requested Action)

XI.

UNFINISHED BUSINESS (5:53:28)

A. Accept legal review; approve Memorandum of Understanding with Brothertown Indian

Nation – Contract # 2016-0432; and authorize Tribal Chair and Historic Preservation Officer

to sign-off on agreement

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM MARCH 30, 2016: Motion by Lisa Summers to defer this item to the Law Office

for a legal review and to defer the approval of the Memorandum of Agreement with Brothertown

Indian Nation to the May 11, 2016, regular Business Committee meeting, seconded by David

Jordan. Motion carried unanimously.

Motion by Lisa Summers to accept the presented Memorandum of Understanding between Oneida

Nation and Brothertown Indian Nation, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 8 of 16

Page 24 of 317

DRAFT

Motion by Lisa Summers to authorize the Tribal Chair and Historic Preservation Officer to carry out the

Memorandum of Understanding with Brothertown Indian Nation, seconded by David Jordan. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

B. Accept memo from Oneida Land Commission titled Quarterly Reports and Land

Commission Representation dated April 26, 2016

Sponsor:

Tehassi Hill, Councilman

EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to take this item from the table,

seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to accept the

Land Commission FY ’16 1st quarter report and to ask the Land Commission to submit something

in writing that indicates why they haven’t attended to represent their report, seconded by Trish

King. Motion carried unanimously. (3) Motion by Lisa Summers to send the Comprehensive

Policy Governing Boards, Committees and Commissions section 8-4(d) to the Legislative

Operating Committee to bring back a recommendation on how to clarify reporting requirements

for Boards, Committees, and Commissions, seconded by Fawn Billie. Motion carried

unanimously.

EXCERPT FROM MARCH 30, 2016: Motion by Melinda J. Danforth to table the Land

Commission FY ’16 1st quarter report until a Land Commissioner can be present, seconded by

Lisa Summers. Motion carried unanimously.

Motion by Lisa Summers to accept the memo from the Oneida Land Commission titled Quarterly Reports

and Land Commission Representation dated April 26, 2016, seconded by David Jordan. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Councilman Tehassi Hill departs at 4:02 p.m.

Councilman Tehassi Hill returns at 4:05 p.m.

C. Accept financial analysis and approve final FY ’17 Wage Compensation Plan proposal

Sponsor:

Trish King, Tribal Treasurer

EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to defer this item to the May 11,

2016, regular Business Committee meeting and to direct the Chief Financial Officer and Finance

Department work with the Human Resources Department on the financial analysis, seconded by

Trish King. Motion carried unanimously.

EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to accept the Compensation

Plan proposal as information and to forward the item to the Law and Finance Offices for analyses

to be brought back to the Business Committee, seconded by Fawn Billie. Motion carried

unanimously. (2) Motion by Trish King to request the legal and financial analyses be brought back

to the April 27 2016, regular Business Committee meeting and that we ask for an option to be

prepared that would provide a dollar amount for increases versus a percentage, seconded by

Lisa Summers. Motion carried unanimously.

Motion by Lisa Summers to accept the final FY ’17 Wage Compensation Plan for continued processing

and to request the Finance Department to go back and do the additional diligence that they believe is

necessary in order for us to just make sure we have it as part of the package moving forward, seconded

by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 9 of 16

Page 25 of 317

DRAFT

Amendment to the main motion by David Jordan to request that option 5 of the FY’17 Wage

Compensation Plan: “To support adding Human Resources recommendation to adjust the salaries

Business Committee to the FY ’17 Budget packet for GTC consideration” to be effective for the next

Business Committee’s term and not for the current Business Committee, seconded by Lisa Summers.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

XII.

TABLED BUSINESS (No Requested Action)

XIII.

NEW BUSINESS (6:20:12)

A. Approve request to post one (1) vacancy on the Oneida Personnel Commission

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to approve the request to post one (1) vacancy on the Oneida Personnel

Commission, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

B. Approve Concept Paper for CIP # 16-008 Oneida Family Fitness Facility Upgrades

Sponsor:

Don White, Division Director/Governmental Services

Motion by Jennifer Webster to approve the Concept Paper for CIP # 16-008 Oneida Family Fitness

Facility Upgrades, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

C. Approve limited waiver of sovereign immunity – Fox Valley Overhead Door Inc. – Contract

# 2016-0409

Sponsor:

Louise Cornelius, Gaming General Manager

Motion by David Jordan to approve the limited waiver of sovereign immunity – Fox Valley Overhead Door

Inc. – Contract # 2016-0409, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 10 of 16

Page 26 of 317

DRAFT

XIV.

TRAVEL (6:24:03)

A. TRAVEL REPORTS (No Requested Action)

B. TRAVEL REQUESTS

1. Approve travel request – Councilwoman Jennifer Webster – 26th Annual National

Indian Head Start Conference & Tribal Consultation – Washington D.C. – June 5-8,

2016

Motion by Lisa Summers to approve the travel request – Councilwoman Jennifer Webster – 26th Annual

National Indian Head Start Conference & Tribal Consultation – Washington D.C. – June 5-8, 2016, noting

the travel is grant funded, seconded by Fawn Billie. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers

Abstained:

Jennifer Webster

Not Present:

Tina Danforth

XV.

REPORTS (3:33:22) (This section of the agenda is scheduled to begin at 1:30 p.m.)

A. OPERATIONAL REPORTS

1. Accept Internal Services Division FY ’16 2nd quarter report (1:30 p.m.-2:00 p.m.)

Sponsor:

Joanie Buckley, Division Director/Internal Services

Motion by Lisa Summers to accept the Internal Services Division FY ’16 2nd quarter report, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

2. Accept Ombudsman FY ’16 2nd quarter report (2:00 p.m.-2:15 p.m.)

Sponsor:

Dianne McLester-Heim, Tribal Ombudsman

Motion by Lisa Summers to accept the Ombudsman FY ’16 2nd quarter report, seconded by Fawn Billie.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Treasurer Trish King departs at 2:52 p.m.

3. Accept Human Resources Department FY ’16 2nd quarter report (2:15 p.m.-2:45 p.m.)

Sponsor:

Geraldine Danforth, Area Manager/Human Resources

Motion by Jennifer Webster to accept the Human Resources Department FY ’16 2nd quarter report,

seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Tina Danforth, Trish King

Treasurer Trish King returns at 2:56 p.m.

Secretary Lisa Summers departs at 2:56 p.m.

Secretary Lisa Summers returns at 2:59 p.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 11 of 16

Page 27 of 317

DRAFT

4. Accept Governmental Services Division FY ’16 2nd quarter report (2:45 p.m.-3:15 p.m.)

Sponsor:

Don White, Division Director/Governmental Services

Motion by Jennifer Webster to accept the Governmental Services Division FY ’16 2nd quarter report,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

B. CORPORATE REPORTS (No Requested Action)

C. BOARDS, COMMITTEES, AND COMMISSIONS

Councilwoman Fawn Billie departs at 3:48 p.m.

1. Accept Oneida Commission on Aging FY ’16 2nd quarter report (3:15 p.m.-3:25 p.m.)

Chair:

Liaison:

Wes Martin Jr.

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to accept the Oneida Commission on Aging FY ’16 2nd quarter report, seconded

by Lisa Summers. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers,

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

2. Accept Oneida Election Board FY ’16 2nd quarter report (3:25 p.m.-3:35 p.m.)

Chair:

Liaison:

Racquel Hill

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by David Jordan to accept the Oneida Election Board FY ’16 2nd quarter report, seconded by

Brandon Stevens. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers,

Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie

Secretary Lisa Summers departs at 3:50 p.m.

3. Accept Oneida Gaming Commission FY ’16 2nd quarter report (3:35 p.m.-3:45 p.m.)

Chair:

Liaison:

Mark A. Powless

Brandon Stevens, Councilman

Motion by David Jordan to accept the Oneida Gaming Commission FY ’16 2nd quarter report, seconded

by Lisa Summers. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Tina Danforth, Fawn Billie, Lisa Summers

Secretary Lisa Summers returns at 3:54 p.m.

Councilwoman Fawn Billie returns at 3:56 p.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 12 of 16

Page 28 of 317

DRAFT

XVI.

EXECUTIVE SESSION (6:34:08)

A. REPORTS

1. Accept Chief Counsel report – Jo Anne House, Chief Counsel

Motion by Brandon Stevens to accept the Chief Counsel report, seconded by Trish King. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

C. AUDIT COMMITTEE (No Requested Action)

D. UNFINISHED BUSINESS

1. Approve an option to fill the Organizational Development Specialist position

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM JANUARY 27, 2016: Motion by Tehassi Hill to defer this item for ninety

(90) days, seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM JANUARY 13, 2016: Motion by Jennifer Webster to defer the remainder of

the agenda to the January 27, 2016, regular Business Committee meeting, seconded by

Tehassi Hill. Motion carried unanimously.

EXCERPT FROM SEPTEMBER 23, 2015: Motion by David Jordan to approve Option 2A

contained within the memorandum and to re-evaluate the option in ninety (90) days,

seconded by Trish King. Motion carried unanimously.

Motion by Lisa Summers to assign Secretary Lisa Summers and Councilmembers Fawn Billie and

Brandon Stevens to a subteam; and to provide the subteam authority to complete all hiring processes,

including updating the job description, noting the subteam is authorized to negotiate the wage between

the minimum and midpoint, not to exceed the amount budgeted for annually and direct the subteam to

come back with a final report to the Business Committee, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 13 of 16

Page 29 of 317

DRAFT

2. Approve request to place a moratorium on executing new City of Green Bay Service

Agreement – Tribal Member (9:30 a.m.-10:15 a.m.)

Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman

EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer the request to place

a moratorium on executing new City of Green Bay Service Agreement – Tribal Member to

the May 11, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion

carried unanimously.

Motion by Jennifer Webster to accept the Tribal Member’s request to place a moratorium on executing

new City of Green Bay Service Agreement as information, seconded by Brandon Stevens. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Fawn Billie to acknowledge the receipt of the letter from the Green Bay’s Attorney’s Office

regarding the termination of the Service Agreement dated April 7, 2016, for the record, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Summers to request this item be included in the next Intergovernmental Affairs &

Communications’ report, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

3. Accept legal review regarding Complaint # 2016-DR10-01 and approve two requested

actions

Sponsor:

Jo Anne House, Chief Counsel

EXCERPT FROM APRIL 27, 2016: Motion by Jennifer Webster to defer Complaint # 2016DR10-01 to the Law Office for legal review of the conflict of interest, seconded by Tehassi

Hill. Motion carried unanimously.

Motion by Lisa Summers to close out Complaint # 2016-DR10-01 as having been created in error; and

place the correspondence with Community Concern # 2016-CC-02, seconded by Brandon Stevens.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

E. TABLED BUSINESS (No Requested Action)

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 14 of 16

Page 30 of 317

DRAFT

F. NEW BUSINESS

1. Review Concern # 2016-CC-06 and determine appropriate next steps (9:00 a.m.-9:30 a.m.)

Sponsor: Lisa Summers, Tribal Secretary

Motion by Tehassi Hill to direct the Vice-Chairwoman to follow-up with the Patient Referred Care issues

referenced by the Tribal Member; and to request from the Anna John Residential Centered Care Center a

report on rate of denials, reason for denials, and occupancy, seconded by Jennifer Webster. Motion

carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,

Jennifer Webster

Abstained:

David Jordan

Not Present:

Tina Danforth

Motion by Jennifer Webster to request the Tribal Secretary to follow-up with Elderly Services on the

access to the Benefit Specialist issues referenced by Tribal Member, seconded by Tehassi Hill. Motion

carried with one opposed and one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster

Opposed:

Lisa Summers

Abstained:

David Jordan

Not Present:

Tina Danforth

Motion by Tehassi Hill to forward the discussion to the next regular Business Committee meeting; and to

direct the Comprehensive Health and Governmental Services Division Directors to attend and bring the

appropriate staff to discuss case management for Elder Housing, Elder Services, Patient Referred Care,

and the Anna John Residential Centered Care Center, seconded by Jennifer Webster. Motion carried

with two abstentions:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster

Abstained:

David Jordan, Lisa Summers

Not Present:

Tina Danforth

2. Review Complaint # 2016-DR06-03 and determine appropriate next steps

Sponsor: Tina Danforth, Tribal Chairwoman

Motion by Tehassi Hill to close out Complaint # 2016-DR06-03 as insufficient; and to direct the Tribal

Secretary to draft correspondence to the complainant addressing the issues presented in the letter,

seconded by Jennifer Webster. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,

Jennifer Webster

Abstained:

David Jordan

Not Present:

Tina Danforth

3. Review outstanding request from Oneida Personnel Commission and consider

recommendation of Oneida Personnel Commission, made in accordance with §1-4.f of

their bylaws

Sponsor: Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to defer the outstanding request back to the Oneida Personnel Commission

to request they review and update their request, if needed; and for the Oneida Personnel Commission to

submit a finalized request to the Business Committee for the June 8, 2016, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried with one opposed and two abstentions:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster

Opposed:

Lisa Summers

Abstained:

David Jordan, Brandon Stevens

Not Present:

Tina Danforth

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 15 of 16

Page 31 of 317

DRAFT

4. Approve Tribal Member’s request to review and receive clarification regarding Dental

Department’s data breach letter from Oneida Comprehensive Health Division

Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Fawn Billie to accept the Tribal Member’s request as information; and to direct the

Comprehensive Health Division to include an update on the investigation on their next quarterly report,

seconded by Tehassi Hill. Motion carried with two abstentions:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster

Abstained:

David Jordan, Lisa Summers

Not Present:

Tina Danforth

5. Accept and acknowledge letter of resignation of Governmental Services Division

Director and assign a sub team of 3-5 Business Committee members to review job

description in order to post position

Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to accept and acknowledge letter of resignation of Governmental Services

Division Director; to assign Chairwoman Tina Danforth and Councilmembers Brandon Stevens, Jennifer

Webster, and Tehassi Hill to a subteam; and to provide the subteam the authority to update the job

description and post the position, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

XVII.

ADJOURN

Motion by Fawn Billie to adjourn at 4:48 p.m., seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented/corrected on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Regular Meeting Minutes DRAFT of May 11, 2016

Page 16 of 16

Page 32 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

5

/ 25 / 16

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 the attached resolution: Adoption of Marriage Law Amendments

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect

3. Draft (redline)

2. Memorandum

4. Draft (clean)

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Council Member

Primary Requestor:

Submitted by: Doug McIntyre, Staff Attorney/LRO

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Page 33 of 317

Oneida Nation

Legislative Reference Office

P.O. Box 365

Oneida, WI 54155

(920) 869-4376

(800) 236-2214

http://oneida-nsn.gov/LOC

To:

From:

Date:

Re:

Committee Members

Brandon Stevens, Chairperson

Tehassi Hill, Vice Chairperson

Fawn Billie, Councilmember

David P. Jordan, Councilmember

Jennifer Webster, Councilmember

Memorandum

Oneida Business Committee

Brandon Stevens, LOC Chairperson

May 25, 2016

Marriage Law Amendments

Please find the following attached backup documentation for your consideration of the Marriage Law

Amendments:

1.

2.

3.

4.

5.

Resolution: Adoption of Marriage Law Amendments

Statement of Effect: Adoption of Marriage Law Amendments

Fiscal Impact Statement

Marriage Law Amendments (redline)

Marriage Law Amendments (clean)

Overview

The attached Resolution will adopt amendments to the Marriage Law. Amendments to the law were

requested by the Licensing Department. These amendments:

allow the Licensing Department to set a fee schedule pursuant to rulemaking authority;

clarify the language concerning the timeframe for when a marriage ceremony must take place;

allow a waiver process for the marriage ceremony to take place between the 1st and 5th day of

issuing the marriage license for an additional fee;

remove an exception that allowed marriage ceremonies solemnized outside the reservation

boundaries, or Brown or Outagamie County, or outside the required time lines listed on the

marriage license to be considered valid despite the immaterial irregularities; and

remove the penalties and fines for violations from the law and provide this responsibility to the

Licensing Department pursuant to rulemaking authority.

Requested Action

Approve the Resolution: Marriage Law Amendments

Page 1 of 1

Page 34 of 317

Oneida Nation

BC Resolution # __-__-__-_

Adoption of Marriage Law Amendments

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 Business Committee originally adopted the Marriage Law on April 28, 2010

and amended the law on June 12, 2013 and May 27, 2015; and

WHEREAS,

these amendments allow the Licensing Department to set the fee schedule pursuant to

the Administrative Rulemaking law as long as those fees are consistent with this law; and

WHEREAS,

these amendments clarify the language concerning the timeframe for when a marriage

ceremony must take place; and

WHEREAS,

these amendments allow a waiver process for the marriage ceremony to take place

st

th

between the 1 and 5 day of issuing the marriage license for an additional fee; and

WHEREAS,

these amendments remove an exception that allowed marriage ceremonies solemnized

outside the reservation boundaries, or Brown or Outagamie County, or outside the

required time lines listed on the marriage license to be considered valid despite the

immaterial irregularities; and

WHEREAS,

these amendments remove the penalties and fines for violations from the law and provide

this responsibility to the Licensing Department pursuant to rulemaking authority; and

WHEREAS,

a public meeting on these amendments was held on March 17, 2016, in accordance with

the Legislative Procedures Act.

NOW THEREFORE BE IT RESOLVED, that the attached amendments to the Marriage Law are hereby

adopted effective immediately.

Page 35 of 317

Oneida Nation

Legislative Reference Office

Committee Members

Brandon Stevens, Chairperson

Tehassi Hill, Vice Chairperson

Fawn Billie, Councilmember

David P. Jordan, Councilmember

Jennifer Webster, Councilmember

Legislative Reference Office

P.O. Box 365

Oneida, WI 54155

(920) 869-4376

(800) 236-2214

http://oneida-nsn.gov/LOC

Statement of Effect

Adoption of Marriage Law Amendments

Summary

This Resolution amends the Marriage Law to provide rulemaking authority to the Licensing

Department to be able to set a fee schedule for acquiring a marriage license and penalties for

violating the law. Additionally, changes were made to make the law consistent with the results

of the secretarial election.

By Douglass A. McIntyre, Staff Attorney, Legislative Reference Office

Analysis from Legislative Reference Office

This Resolution adopts amendments to the Marriage Law (Law), which was originally adopted

by the Oneida Business Committee on April 28, 2010. The Law was amended on April 28,

2010, June 12, 2013 and May 27, 2015. These amendments:

allow the Licensing Department to set the fee schedule per rulemaking authority [see

71.5-1];

clarify the language concerning when a marriage ceremony must take place [see 71.5-4];

allow a waiver process for the marriage ceremony to take place between the 1st and 5th

day of issuing the marriage license for an additional fee [see 71.5-4];

remove an exception that allowed marriage ceremonies solemnized outside the

reservation boundaries, or Brown or Outagamie County, or outside the required time lines

listed on the marriage license to be considered valid despite the immaterial irregularities

[see 71.6-3(e)]; and

remove the previously listed penalties and fines for violations of the law and provide this

responsibility to the Department per rulemaking authority.

Additionally, all references to the Oneida Tribe of Indians of Wisconsin have been changed to

Oneida Nation in line with the secretarial election results.

A public meeting was held on March 17, 2016 in accordance with the Legislative Procedures

Act.

Conclusion

There are no legal bars to adopting the Resolution.

Page 1 of 1

Page 36 of 317

Page 37 of 317

Page 38 of 317

Page 39 of 317

2016 05 18

Analysis 2 to Draft 4

Chapter 71

Marriage

Yeny@kt<?

What one does to get married

Title

Requester

Reason for

Request/

Purpose

Authorized/

Affected

Entities

Related

Legislation

Enforcement

& Due Process

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Analysis by the Legislative Reference Office

Marriage (law)

Tonya Webster

Maureen Perkins

Drafter Douglass McIntyre Analyst

The licensing department has had issues with implementation of the law and has

provided suggested amendments. Authorize a waiver process for the waiting period

[see 71.5-4]. Provide an administrative fee for changes requested after an application is

submitted. Establish a fee schedule [see 71.5-1].

Family Court, Licensing Department, anyone that wishes to marry under this law

Administrative Rulemaking, Family Court Rules

Any person issued a fine under this law can appeal to the Family Court [see 71.7-3].

Any person who knowingly violates this law will be subject to a fine; the licensing

department is responsible for enforcing fines issued [see 71.7-2].

Overview

This law regulates the rights and responsibilities with respect to marriage.

Proposed Amendments

The following are proposed amendments to the law:

Applicants will be required to pay all fees at the time the license is issued. The Licensing

Department may set the fee schedule per rulemaking authority [see 71.5-1].

Language has been added to clarify that a marriage ceremony must take place between

the 6th and 30th day of receiving the marriage license [see 71.5-4].

A waiver process has been created to allow for the marriage ceremony to take place

between the 1st and 5th day of issuing the marriage license for an additional fee [see 71.54].

Marriage ceremonies solemnized outside the reservation boundaries, or Brown or

Outagamie County, or outside the required time lines listed on the marriage license were

removed from the list of immaterial irregularities [see 71.6-3(e)].

Details of the penalties section have been removed [see 71.7]. The department will move

forward with establishing fines through administrative rulemaking authority.

Considerations

The request to provide an administrative fee for amendments to a submitted application

has been addressed indirectly under the fee section of the law [see 71.5-1]. The fee

section is broad and allows for the Licensing Department to adopt a fee schedule. This

can include an administrative fee for amendments to submitted applications at the

Business Committees’ discretion.

Page 1 of2

Page 40 of 317

2016 05 18

Analysis 2 to Draft 4

25

26

27

28

29

30

31

32

33

Miscellaneous

A public meeting was held March 17, 2016 and public comments submitted during the public

meeting and ensuing public comment period have been considered in the preparation of this

draft. Oneida Tribe of Indians of Wisconsin has been changed to Oneida Nation to reflect

approved constitutional amendments. Revisions were made to this law to comply with drafting

style. Revisions were also made to improve the flow and sequence of the law without changing

the intended content. Please refer to the fiscal impact statement for any financial impacts.

______________________________________________________________________________

Page 2 of2

Page 41 of 317

For OBC Consideration (redline)

2016 05 25

1

2

3

4

5

6

7

8

9

10

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

Chapter 71

Marriage

Yeny@kta>kt<>

What one does to get married

71.1. Purpose and Policy

71.2. Adoption, Amendment, Conflicts

71.3. Definitions

71.4. Marriages, Generally

11

12

13

14

15

71.5. Marriage Document and Marriage Ceremony

71.6. Marriages Conducted to Avoid the Law and Immaterial

Irregularities

71.7. Penalties

71.1. Purpose and Policy

71.1-1. Purpose. It is the purpose of this law to exercise the sovereign right of the Oneida

TribeNation to regulate the rights and responsibilities relating to marriage.

71.1-2. Policy. Marriage is a foundation of tribal society that stabilizes families which the

TribeNation acknowledges by recognizing the legal relationship of a union between two (2)

adults.

71.2. Adoption, Amendment, Conflicts

71.2-1. This law was adopted by the Oneida Business Committee by resolution BC-04-28-10-F

and amended by resolutions BC-06-12-13-E and, BC-05-27-15-A. and BC-_________.

71.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to

the procedures set out in the Legislative Procedures Act.

71.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

71.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control. Provided that, nothing in this Law is intended to repeal

or modify any existing law, ordinance, policy, regulation, rule, resolution or motion.

71.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of

WisconsinNation.

71.2-6. Rules. If rules addressing a certain area of this law have not been enacted in accordance

with Tribal lawthe Nation’s laws and the Court is faced with a question, the Court may, in its

discretion, refer to other Indian tribal law or state law for guidance, to the extent that such law is

not inconsistent with this or any other Tribal lawOneida laws.

71.3. Definitions

71.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Competent” means a person has attained the age of eighteen (18) years old and is able to

make a legally binding commitment.

(b) “Court” means the judicial system of the TribeFamily Court, which is assigned to

handle all family law mattersa branch of the judicial arm of the Nation.

(bc) “Court of competent jurisdiction” means a court that has the power and authority to

dissolve a marriage.

(cd) “Department” means the licensing department of the TribeNation that is responsible

for administering and issuing licenses in accordance with the laws of the Nation.

(e) "Judiciary" means the judicial system that was established by Oneida lawsGeneral

Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Nation.

71-1

Page 42 of 317

For OBC Consideration (redline)

2016 05 25

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

(df) “Marriage” means the civil contract to which the consent of the parties capable in

law of contracting is essential, and which creates the legal status of spouses.

(eg) “Marriage document” means that document issued by the Department which

includes the marriage license as well as information concerning the marriage ceremony,

the signatures of the witnesses and officiating person(s), and proof of filing.

(fh) “Marriage license” means that portion of the marriage document designated as such,

which is the authorization for the marriage to take place.

(gi) “Nation” means the Oneida Nation.

(j) “Officiating person” means the person or persons who perform the marriage

ceremony.

(hk) “Reservation” means all the land within the exterior boundaries of the reservation of

the Oneida Tribe of Indians of WisconsinNation, as created pursuant to the 1838 Treaty

with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law.

(i) “Tribe” or “Tribal” means the Oneida Tribe of Indians of Wisconsin.

(l) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted in accordance with the Administrative Rulemaking law.

71.4. Marriages, Generally

71.4-1. Who May Marry. A marriage may be contracted under this law between two (2) adults

who:

(a) have a marriage document issued by the Department;

(b) have attained the age of eighteen (18), except as provided in section 71.4-3; and

(c) meet all other provisions under this law.

71.4-2. Who May Not Marry. Persons may not enter into marriage if they:

(a) are currently legally married to another person; or,

(b) have been legally divorced for less than six (6) months with a judgment of divorce

from a court of competent jurisdiction; or,

(c) are not legally competent; or,

(d) are closer in relationship than second cousins, except first cousins may marry if both

parties are fifty-five (55) years old or older.

71.4-3. Minors. Individuals under the age of sixteen (16) shall not marry. Individuals who meet

the above requirements, except for section 71.4-1(b) and are over the age of sixteen (16) but

under the age of eighteen (18) may marry if they present:

(a) written consent by his or her parent or guardian, signed and notarized before the

person issuing the marriage license; or

(b) proof that they have been legally emancipated.

71.5. Marriage Document and Marriage Ceremony

71.5-1. Fees. Applicants are responsible for paying all fees at the time the application is filed.

The Department shall promulgate rules that establish a fee schedule for a marriage license as

long as those fees are consistent with this law.

71.5-2. Marriage Document. The Department shall issue a marriage document to the applicants

within five (5) business days after the application is filed if, in addition to the other requirements

in this law, the following conditions are met at the time a marriage license is applied for:

(a) Either (1) or (2) applies to the applicants:

(1) each applicant:

(A) is a Tribal member; or

(B) resides on the reservation and is a member of an Indian tribe, band or

71-2

Page 43 of 317

For OBC Consideration (redline)

2016 05 25

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

community which is recognized by a state or the federal government.

(2) one of the applicants meets the requirements of (section 71.5-2(a)(1)(A) or

(B) and the other applicant consents to the Tribe’sNation’s jurisdiction to issue

the license. The completion of an application for a marriage license represents a

person’s consent to the Tribe’sNation’s jurisdiction to grant the license.

(b) Both applicants appear in person at the Department to complete the marriage license

application.

(c) The applicants provide any information necessary to complete the application, which

may include: social security numbers, birth certificates, proof of residence, proof of tribal

membership, documentation of a judgment of divorce, annulment, or death certificates

from most recent marriages, parents’ full names, mothers’ maiden names, date and place

of marriage ceremony, and the name, address, and phone number of the officiating

person(s).

(d) The applicants swear under oath that the information provided is true and accurate

and sign the application in the presence of a notary public.

(e) The applicants pay the any required feefees.

71.5-23. Objections. Any relative of the applicants, Department official, or applicant that

objects to an upcoming marriage may file a petition and sworn affidavit with the Court objecting

to the marriage.

(a) The petition shall state grounds for the belief that a marriage license should not be

issued to the applicants or a marriage license that has already been issued should be

revoked.

(b) The Court shall approve the petition only if the marriage, if conducted, would violate

this law.

(c) If the petition is approved by the Court, the applicants shall show cause why the

license should be issued or why the license should not be revoked.

71.5-34. Marriage Ceremony.

(a) The applicants shall marry not less thanmarriage shall occur between six (6) days

after the license is issued and not more than thirty (30) days after the license is issued.

The applicant may apply for a waiver of the initial five (5) day waiting period for an

additional fee. The marriage license shall contain notification of these time limits.

(b) If neither applicant resides on the reservation, the marriage ceremony shall be held on

the reservation. If one (1) or both of the applicants reside on the reservation, the marriage

ceremony shall be held within the State of Wisconsin. The applicants shall be notified of

this requirement when applying for a marriage license.

(c) The ceremony shall be solemnized by an officiating person(s) with two (2) competent

adult witnesses present.

(d) The parties shall vow by mutual declarations, before the officiating person(s) and

witnesses, that they take each other in lawful matrimony.

(e) The parties, the officiating person(s), and the witnesses shall, at the conclusion of the

ceremony, sign and date the marriage document.

(f) The officiating person(s) or one of the parties shall deliverreturn the original

completed marriage document to the Department within three (3) business days after the

ceremony. The Department shall deliverreturn the original marriage document to the

Wisconsin Vital Statistics Department within ten (10) business days after it is filed. The

Department shall retain a file stamped copy and provide a file stamped copy to the

married couple.

(g) The Department shall keep a marriage license docket and shall enter therein a

71-3

Page 44 of 317

For OBC Consideration (redline)

2016 05 25

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

complete record of the marriage applications and issuance of marriage licenses which

shall be available for public inspection during regular business hours.

71.5-45. Officiating Persons. The following persons are authorized as officiating persons under

this law:

(a) a traditional tribal practitioner or spiritual or religious leader who is commonly

recognized as such by the Oneida community or other Indian community and has

registered with the Court; or

(b) a Judge from the Courtany branch of the Judiciary or a tribal, federal, or state judge

or commissioner authorized to solemnize marriages under tribal, federal or state law; or

(c) the Tribal Chairperson or a person designated by the Tribal Chairperson at the

request of the persons being married; or

(d) any ordained clergyperson of any religious denomination, society, or sect; or

(e) any person licensed by a religious body or appointed by a high-ranking clergy

member, if the religious denomination, society, or sect allows the person to solemnize

marriages; or

(f) the parties themselves, by mutual declarations that they take each other as spouses, in

accordance with the customs, rules, and regulations of any religious denomination,

society, or sect to which either of the parties belongs.; or

(g) a former or retired Judge or Appeals Commissioner that served the Nation.

71.6. Marriages Conducted to Avoid the Law and Immaterial Irregularities

71.6-1. If a person is prohibited from marrying another under this law and goes to another

jurisdiction and there contracts a marriage that is prohibited under this law, such marriage shall

not be recognized by the TribeNation.

71.6-2. No marriage shall be contracted under this law by a party residing and intending to

continue to reside in another jurisdiction, if such marriage would be void if contracted in such

other jurisdiction. Every marriage celebrated in violation of this provision shall be void.

71.6-3. Immaterial Irregularities. A marriage shall be recognized as valid if the marriage is

consummated with the full belief on the part of the persons so married that they have been

lawfully joined in marriage, and:

(a) the officiating person(s) did not have the authority to solemnize the marriage; or

(b) the marriage license was issued by a department or person who did not have

jurisdiction to issue the license; or

(c) the marriage license or application for the marriage license had an informality or

irregularity; or

(d) either or both of the witnesses to the marriage were incompetent.; or

(e) the marriage ceremony was solemnized outside of the Reservation boundaries, or

Brown or Outagamie County, when applicable, or outside of the required time lines listed

on the marriage license.

71.7. Penalties

71.7-1. A personThe Department shall promulgate rules that establish a fine schedule for

persons who knowingly violatesviolate this law may be penalized as follows:.

(a) Any person who swears to a false statement to obtain a marriage license or to help

another obtain a marriage license shall be fined no less than five hundred dollars

($500.00).

(b) Any person who is not an officiating person who solemnizes a marriage ceremony

shall be fined no less than one hundred dollars ($100.00).

71-4

Page 45 of 317

For OBC Consideration (redline)

2016 05 25

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

(c) The parties to a marriage and/or the officiating person(s) of a marriage conducted

without a valid marriage license or without the presence of two (2) competent adult

witnesses shall be fined no less than one hundred dollars ($100.00).

(d) Any person who goes to another jurisdiction to avoid this Law and contracts a

marriage prohibited under this Law shall be fined no less than five hundred dollars

($500.00).

(e) Any person who violates any other provision of this Law shall be fined no less than

one hundred dollars ($100.00).

71.7-2. The Department shall be the responsible entity for the enforcement of this section.

71.7-3. All fines issued shall be paid to the Department within thirty (30) days of the issuance of

the fine. Any person issued a fine under this law may contest the fine by filing an appeal with

the Court prior to the deadline to pay the fine. The filing of an appeal shall stay the requirement

to pay the fine. The notice of penalty issued shall inform the person penalized of the process to

file his or her appeal.

End.

Adopted-BC-04-28-10-F

Amended-BC-06-12-13-E

Amended-BC-05-27-15-A

71-5

Page 46 of 317

For OBC Consideration (clean)

2016 05 25

1

2

3

4

5

6

7

8

9

10

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

Chapter 71

Marriage

Yeny@kt<>

What one does to get married

71.1. Purpose and Policy

71.2. Adoption, Amendment, Conflicts

71.3. Definitions

71.4. Marriages, Generally

11

12

13

14

15

71.5. Marriage Document and Marriage Ceremony

71.6. Marriages Conducted to Avoid the Law and Immaterial

Irregularities

71.7. Penalties

71.1. Purpose and Policy

71.1-1. Purpose. It is the purpose of this law to exercise the sovereign right of the Oneida

Nation to regulate the rights and responsibilities relating to marriage.

71.1-2. Policy. Marriage is a foundation of tribal society that stabilizes families which the

Nation acknowledges by recognizing the legal relationship of a union between two (2) adults.

71.2. Adoption, Amendment, Conflicts

71.2-1. This law was adopted by the Oneida Business Committee by resolution BC-04-28-10-F

and amended by resolutions BC-06-12-13-E, BC-05-27-15-A and BC-_________.

71.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to

the procedures set out in the Legislative Procedures Act.

71.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

71.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

71.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

71.2-6. Rules. If rules addressing a certain area of this law have not been enacted in accordance

with the Nation’s laws and the Court is faced with a question, the Court may, in its discretion,

refer to other Indian tribal law or state law for guidance, to the extent that such law is not

inconsistent with Oneida laws.

71.3. Definitions

71.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Competent” means a person has attained the age of eighteen (18) years old and is able to

make a legally binding commitment.

(b) “Court” means Family Court, which is a branch of the judicial arm of the Nation.

(c) “Court of competent jurisdiction” means a court that has the power and authority to

dissolve a marriage.

(d) “Department” means the licensing department of the Nation that is responsible for

administering and issuing licenses in accordance with the laws of the Nation.

(e) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities

of the Nation.

(f) “Marriage” means the civil contract to which the consent of the parties capable in law

of contracting is essential, and which creates the legal status of spouses.

(g) “Marriage document” means that document issued by the Department which includes

the marriage license as well as information concerning the marriage ceremony, the

71-1

Page 47 of 317

For OBC Consideration (clean)

2016 05 25

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

signatures of the witnesses and officiating person(s), and proof of filing.

(h) “Marriage license” means that portion of the marriage document designated as such,

which is the authorization for the marriage to take place.

(i) “Nation” means the Oneida Nation.

(j) “Officiating person” means the person or persons who perform the marriage

ceremony.

(k) “Reservation” means all the land within the exterior boundaries of the reservation of

the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566,

and any lands added thereto pursuant to federal law.

(l) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted in accordance with the Administrative Rulemaking law.

71.4. Marriages, Generally

71.4-1. Who May Marry. A marriage may be contracted under this law between two (2) adults

who:

(a) have a marriage document issued by the Department;

(b) have attained the age of eighteen (18), except as provided in section 71.4-3; and

(c) meet all other provisions under this law.

71.4-2. Who May Not Marry. Persons may not enter into marriage if they:

(a) are currently legally married to another person; or,

(b) have been legally divorced for less than six (6) months with a judgment of divorce

from a court of competent jurisdiction; or,

(c) are not legally competent; or,

(d) are closer in relationship than second cousins, except first cousins may marry if both

parties are fifty-five (55) years old or older.

71.4-3. Minors. Individuals under the age of sixteen (16) shall not marry. Individuals who meet

the above requirements, except for section 71.4-1(b) and are over the age of sixteen (16) but

under the age of eighteen (18) may marry if they present:

(a) written consent by his or her parent or guardian, signed and notarized before the

person issuing the marriage license; or

(b) proof that they have been legally emancipated.

71.5. Marriage Document and Marriage Ceremony

71.5-1. Fees. Applicants are responsible for paying all fees at the time the application is filed.

The Department shall promulgate rules that establish a fee schedule for a marriage license as

long as those fees are consistent with this law.

71.5-2. Marriage Document. The Department shall issue a marriage document to the applicants

within five (5) business days after the application is filed if, in addition to the other requirements

in this law, the following conditions are met at the time a marriage license is applied for:

(a) Either (1) or (2) applies to the applicants:

(1) each applicant:

(A) is a Tribal member; or

(B) resides on the reservation and is a member of an Indian tribe, band or

community which is recognized by a state or the federal government.

(2) one of the applicants meets the requirements of section 71.5-2(a)(1)(A) or (B)

and the other applicant consents to the Nation’s jurisdiction to issue the license.

The completion of an application for a marriage license represents a person’s

consent to the Nation’s jurisdiction to grant the license.

71-2

Page 48 of 317

For OBC Consideration (clean)

2016 05 25

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

(b) Both applicants appear in person at the Department to complete the marriage license

application.

(c) The applicants provide any information necessary to complete the application, which

may include: social security numbers, birth certificates, proof of residence, proof of tribal

membership, documentation of a judgment of divorce, annulment, or death certificates

from most recent marriages, parents’ full names, mothers’ maiden names, date and place

of marriage ceremony, and the name, address, and phone number of the officiating

person(s).

(d) The applicants swear under oath that the information provided is true and accurate

and sign the application in the presence of a notary public.

(e) The applicants pay any required fees.

71.5-3. Objections. Any relative of the applicants, Department official, or applicant that objects

to an upcoming marriage may file a petition and sworn affidavit with the Court objecting to the

marriage.

(a) The petition shall state grounds for the belief that a marriage license should not be

issued to the applicants or a marriage license that has already been issued should be

revoked.

(b) The Court shall approve the petition only if the marriage, if conducted, would violate

this law.

(c) If the petition is approved by the Court, the applicants shall show cause why the

license should be issued or why the license should not be revoked.

71.5-4. Marriage Ceremony.

(a) The marriage shall occur between six (6) days after the license is issued and thirty

(30) days after the license is issued. The applicant may apply for a waiver of the initial

five (5) day waiting period for an additional fee. The marriage license shall contain

notification of these time limits.

(b) If neither applicant resides on the reservation, the marriage ceremony shall be held on

the reservation. If one (1) or both of the applicants reside on the reservation, the marriage

ceremony shall be held within the State of Wisconsin. The applicants shall be notified of

this requirement when applying for a marriage license.

(c) The ceremony shall be solemnized by an officiating person(s) with two (2) competent

adult witnesses present.

(d) The parties shall vow by mutual declarations, before the officiating person(s) and

witnesses, that they take each other in lawful matrimony.

(e) The parties, the officiating person(s), and the witnesses shall, at the conclusion of the

ceremony, sign and date the marriage document.

(f) The officiating person(s) or one of the parties shall return the original completed

marriage document to the Department within three (3) business days after the ceremony.

The Department shall return the original marriage document to the Wisconsin Vital

Statistics Department within ten (10) business days after it is filed. The Department shall

retain a file stamped copy and provide a file stamped copy to the married couple.

(g) The Department shall keep a complete record of the marriage applications and

issuance of marriage licenses which shall be available for public inspection during

regular business hours.

71.5-5. Officiating Persons. The following persons are authorized as officiating persons under

this law:

(a) a traditional tribal practitioner or spiritual or religious leader and has registered with

the Court; or

71-3

Page 49 of 317

For OBC Consideration (clean)

2016 05 25

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

(b) a Judge from the any branch of the Judiciary or a tribal, federal, or state judge or

commissioner authorized to solemnize marriages under tribal, federal or state law; or

(c) the Tribal Chairperson or a person designated by the Tribal Chairperson at the

request of the persons being married; or

(d) any ordained clergyperson of any religious denomination, society, or sect; or

(e) any person licensed by a religious body or appointed by a high-ranking clergy

member, if the religious denomination, society, or sect allows the person to solemnize

marriages; or

(f) the parties themselves, by mutual declarations that they take each other as spouses, in

accordance with the customs, rules, and regulations of any religious denomination,

society, or sect to which either of the parties belongs; or

(g) a former or retired Judge or Appeals Commissioner that served the Nation.

71.6. Marriages Conducted to Avoid the Law and Immaterial Irregularities

71.6-1. If a person is prohibited from marrying another under this law and goes to another

jurisdiction and there contracts a marriage that is prohibited under this law, such marriage shall

not be recognized by the Nation.

71.6-2. No marriage shall be contracted under this law by a party residing and intending to

continue to reside in another jurisdiction, if such marriage would be void if contracted in such

other jurisdiction. Every marriage celebrated in violation of this provision shall be void.

71.6-3. Immaterial Irregularities. A marriage shall be recognized as valid if the marriage is

consummated with the full belief on the part of the persons so married that they have been

lawfully joined in marriage, and:

(a) the officiating person(s) did not have the authority to solemnize the marriage; or

(b) the marriage license was issued by a department or person who did not have

jurisdiction to issue the license; or

(c) the marriage license or application for the marriage license had an informality or

irregularity; or

(d) either or both of the witnesses to the marriage were incompetent.

71.7. Penalties

71.7-1. The Department shall promulgate rules that establish a fine schedule for persons who

violate this law.

71.7-2. The Department shall be the responsible entity for the enforcement of this section.

71.7-3. All fines issued shall be paid to the Department within thirty (30) days of the issuance of

the fine. Any person issued a fine under this law may contest the fine by filing an appeal with

the Court prior to the deadline to pay the fine. The filing of an appeal shall stay the requirement

to pay the fine. The notice of penalty issued shall inform the person penalized of the process to

file his or her appeal.

End.

Adopted-BC-04-28-10-F

Amended-BC-06-12-13-E

Amended-BC-05-27-15-A

71-4

Page 50 of 317

Page 51 of 317

Page 52 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

5

/ 25 / 16

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 May 4, 2016 LOC Meeting Minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Council Member

Primary Requestor:

Submitted by: Doug McIntyre, Staff Attorney/LRO

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Page 53 of 317

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The purpose of this request is to ask the OBC to accept the attached LOC meeting minutes. In accordance with

the LOC Bylaws, all minutes shall be submitted to the Tribal Secretary's Office within 30 calendar days after

approval by the LOC [See LOC Bylaws, 4-2(a)].

Action Requested:

Accept the LOC meeting minutes of May 4, 2016.

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

Page 54 of 317

Oneida Nation

Legislative Reference Office

P.O. Box 365

Oneida, WI 54155

(920) 869-4376

(800) 236-2214

http://oneida-nsn.gov/LOC

Committee Members

Brandon Stevens, Chairperson

Tehassi Hill, Vice Chairperson

Fawn Billie, Councilmember

David P. Jordan, Councilmember

Jennifer Webster, Councilmember

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Business Committee Conference Room-2nd Floor Norbert Hill Center

May 4, 2016 9:00 a.m.

Present: Tehassi Hill, Fawn Billie, Jennifer Webster, David P. Jordan

Excused: Brandon Stevens

Others Present: Taniquelle Thurner, Krystal John, Maureen Perkins, Bonnie Pigman, Cheryl

Skolaski, Nancy Barton, Cathy Metoxen, Ed Delgado, Dianne McLester-Heim, Leyne Orosco,

Danelle Wilson, Mike Debraska (via videoconference from SEOTS)

I.

Call to Order and Approval of the Agenda

Tehassi Hill called the May 4, 2016 Legislative Operating Committee meeting to

order at 9:03 a.m.

Motion by David P. Jordan to adopt the agenda with the addition of the Business

Committee Meetings law to the Additions section; seconded by Fawn Billie. Motion

carried unanimously.

II.

Minutes to be approved

1. April 20, 2016 LOC Meeting Minutes

Motion by Fawn Billie to approve the April 20, 2016 LOC meeting minutes;

seconded by David P. Jordan. Motion carried with David P. Jordan and Jennifer

Webster abstaining.

III.

Current Business

1. Petition: Debraska – Health Board (3:43-19:12)

Motion by Jennifer Webster to accept the statement of effect for Petition: Debraska –

Health Board and forward to the Oneida Business Committee; seconded by Fawn

Billie. Motion carried unanimously.

2. Cemetery Law Amendments (19:13-43:38)

Motion by Fawn Billie to defer the Cemetery Law Amendments to the sponsor’s

Legislative Operating Committee Meeting Minutes of May 4, 2016

Page 1 of 3

Page 55 of 317

office and bring back when ready; seconded by David P. Jordan. Motion carried

unanimously.

3. Garnishment Amendments (43:39-45:20)

Motion by Jennifer Webster to approve the Garnishment Amendments public meeting

packet and forward for a Public Meeting to be held on June 3, 2016; seconded by

Fawn Billie. Motion carried unanimously.

4. Employment Law (45:21-47:10 )

Motion by Jennifer Webster to accept the Employment law public meeting comments

and defer the consideration of the comments to a work meeting to be held on

Thursday, May 12, 2016 in the Business Committee Conference Room from 10:30

a.m. - 1:30 p.m.; seconded by David P. Jordan. Motion carried unanimously.

5. Eviction and Termination (47:11-48:35)

Motion by David P. Jordan to accept the draft of the Eviction and Termination law

and defer to the Legislative Reference Office for a legislative analysis; seconded by

Jennifer Webster. Motion carried unanimously.

6. Leasing Law (48:36-50:32)

Motion by Jennifer Webster to accept the Leasing law public meeting packet with the

updated draft and legislative analysis based on the latest comments received from the

BIA and reaffirm the public meeting scheduled for the Leasing law on May 19, 2016

at 12:15 p.m.; seconded by Fawn Billie. Motion carried unanimously.

IV.

New Submissions

1. Rules of Administrative Procedure (50:33-52:03)

Motion by Fawn Billie add the Rules of Administrative Procedure to the Active Files

List; seconded by Jennifer Webster. Motion carried unanimously.

Note: Brandon Stevens will be the sponsor of the Rules of Administrative Procedure.

V.

Additions

1. Business Committee Meeting Law (52:04-1:10:20)

Motion by Fawn Billie to make the Business Committee Meeting law a priority item

on the Active Files List and to direct the sponsor to schedule a strategy meeting to

discuss possible solutions to mitigate tension and improve the communication process

at Business Committee meetings; seconded by Jennifer Webster. Motion carried

unanimously.

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

Legislative Operating Committee Meeting Minutes of May 4, 2016

Page 2 of 3

Page 56 of 317

Motion by Fawn Billie to adjourn the May 4, 2016 Legislative Operating Committee

meeting at 10:13 a.m.; seconded by Jennifer Webster. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 4, 2016

Page 3 of 3

Page 57 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

5

/ 25 / 16

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 LOC quarterly report.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Council Member

Primary Requestor:

Submitted by: Doug McIntyre, Staff Attorney/LRO

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Page 58 of 317

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Per the quarterly reporting schedule developed by the Tribal Secretary's Office, the LOC is submitting to the OBC

a quarterly report for the period of January 2016 to March 2016.

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

Page 59 of 317

Oneida Nation

Committee Members

Brandon Stevens, Chairperson

Tehassi Hill, Vice Chairperson

Fawn Billie, Councilmember

David P. Jordan, Councilmember

Jennifer Webster, Councilmember

Legislative Operating Committee

P.O. Box 365

Oneida, WI 54155

(920) 869-4376

(800) 236-2214

http://oneida-nsn.gov/LOC

Quarterly Report

Legislative Operating Committee

January - March 2016

1. Purpose and Mission

The purpose and mission of the Legislative Operating Committee (LOC) is to enhance the

policymaking capability of the Oneida Business Committee (OBC) and the General Tribal Council

(GTC) by drafting laws and policies and reviewing past and current laws, policies and regulations of

the Oneida Tribe.

A legislative analysis is completed for proposed laws, policies, regulations, bylaws and amendments.

Public meetings are facilitated by the LOC in accordance with the Legislative Procedures Act. A

resolution and statement of effect are prepared for all legislation that is presented for final adoption

which is submitted to the OBC and/or GTC for approval.

2. Members

The LOC is comprised of the five council members of the OBC: Brandon Stevens (Chair), Tehassi Hill

(Vice-Chair), Jennifer Webster, Fawn Billie, and David P. Jordan.

3. Contact Information

The LOC office is located on the second floor in the Norbert Hill Center. For more information, please

contact the Legislative Reference Office (LRO) at (920) 869-4376 or e-mail LOC@ oneidanation.org.

4. Meetings

The LOC holds regular meetings on the first and third Wednesday of every month. The meetings begin

at 9:00 a.m., and are held in the Norbert Hill Center - Second Floor, Business Committee Conference

Room.

5. Prioritization

The LOC continuously reviews the proposals on our Active Files List (AFL). Priorities are identified

based on GTC Directive, OBC Directive and by LOC agreement/consensus.

6. Summary

During this reporting period (January - March 2016), the LOC:

• Added two legislative items to the AFL and completed processing four legislative items;

bringing the total number of legislative items on the AFL to 54 (as of April 1, 2016).

Page 1 of 2

Page 60 of 317

•

•

Added one administrative item (a GTC petition) to the AFL and forwarded a statement of effect

for one GTC petition to the OBC; bringing the total number of legislative analyses/statements of

effect prepared for GTC petitions this term to 16.

Held six public meetings.

Legislative Items Added to the Active Files List

Of the two legislative items added to the AFL during the reporting period, one is a proposal for a new

law and the other is a proposal that would amend the bylaws for a Tribal entity:

• New Law: Eviction Law. This is a new Law that would create a streamlined eviction process

which provides the rights and responsibilities of all parties involved and applies to leases held

pursuant to the Leasing Law and the Landlord-Tenant Law. Added to the Active Files List on

January 6, 2016.

• Amendments: Trust Enrollment Committee Bylaws. A Tribal member requested changes to

the entity’s bylaws in order to remove particular language. The Trust/Enrollment Committee

also wishes to update the entity’s bylaws. Added to the Active Files List on January 6, 2016.

Legislative Items Completed

Four legislative items were completed during this reporting period and removed from the AFL:

• On February 24, 2016, the OBC adopted the new Administrative Rulemaking law.

• On February 24, 2016, the OBC approved amendments to the Administrative Procedures Act.

• On January 13, 2016, the OBC approved amendments to the Public Use of Tribal Land law.

• The OBC approved amendments for the Audit Committee bylaws on January 27, 2016.

Emergency Actions

During the January – March 2016 reporting period, there were no laws or policies in effect on an

emergency basis.

Added/Processed Administrative Items

GTC Petitions. During this quarter, one new GTC petition was deferred to the LOC for legislative

analysis, and the OBC accepted a statement of effect for a separate item:

• The LOC added Petition: Debraska – Health Care Board to the Active Files List on March

22, 2016.

• On March 9, 2016, the OBC accepted the analysis the LOC had prepared for Petition: Food

Pantry.

Public Meetings

The LOC held six public meetings during the reporting period:

• 3/31/16 – Employment Law (new law)

• 3/17/16 – Marriage Law Amendments

• 2/18/16 – Garnishment Law Amendments

• 1/7/16 – Comprehensive Policy Governing Boards, Committees & Commissions amendments

• 1/7/16 – Administrative Procedures Act amendments

• 1/7/16 – Administrative Rulemaking (new law)

Person responsible for this report and contact information:

Operating Committee Chair. Phone: (920) 869-4378.

Page 2 of 2

Brandon Stevens, Legislative

Page 61 of 317

Page 62 of 317

Page 63 of 317

ONEI D A FI N ANCE COM M I TTEE

Financial Planning Meeting

May 16, 2016 – 9:00 A.M.

Business Committee Executive Conference Room

Regular Meeting

May 16, 2016 – 10:00 A.M.

Business Committee Executive Conference Room

MEETING MINUTES

FC Planning Meeting:

Patricia King, Treasurer/FC Chair

David Jordan, BC Council Member

Wesley Martin, Jr., Community Elder Member

Larry Barton, CFO/FC Vice-Chair

Jenny Webster, BC Council Member

O t he r s P re s en t: Kristine Hill, Facilitator and Denise Vigue, FC recording secretary

The Finance Planning meeting began at 9:00 a.m. It was agreed at the previous meeting and this

session that these planning meetings are to be work meetings of the Finance Committee and Finance

staff and it is to be scheduled one hour prior to each regular FC meeting. The facilitator reviewed the

goals previously discussed items from the last meeting and noted that group will need to set up

categories of importance, goals, and putting the strategies together in a cohesive plan that will

represent the financial systems of the tribe moving forward.

Topics discussed today to include into the process are Hot Spots, Long Term Planning, transition

to the future leadership, budget process issues and incorporating all policies, processes,

communication, internal actions to the Budget Management Act. It was agreed the BMA is considered

the foundation of this planning so it would be helpful to review by the group. The BMA is in draft

phase and will be provided before the next working meeting along with inviting staff currently working

on it at the LOC. The Treasure will ask the LOC for input and attendance at next meeting, Denise will

send out future meeting appointments; group will review the BMA before the next meeting.

FC Regular Meeting:

Patricia King, Treasurer/FC Chair

David Jordan, BC Council Member

Patrick Stensloff, Purchasing Director

Wesley Martin, Jr., Community Elder Member

Larry Barton, CFO/FC Vice-Chair

Jenny Webster, BC Council Member

Chad Fuss, Gaming AGM/FC Alternate

Others Present: Michael Finney, Henrietta Cornelius, Kim La Luzerne, Lambert Metoxen,

Tim Skenandore and Denise Vigue, FC recording secretary

I.

Ca ll t o O r d e r: The regular FC meeting was called to order by the FC Chair at 10:05 A.M.

II.

Ap p ro v a l o f Ag e n d a: MAY 16, 2016

Motion by Wesley Martin, Jr. to approve the Finance Committee agenda for May 16, 2016 with the

three ADD On requests. Seconded by Jennifer Webster. Motion carried unanimously.

III.

Ap p ro v a l o f M in u t es: MAY 2, 2016 (approved via FC E-Poll on 5/3/16):

Motion by David Jordan to ratify the FC E-Poll action of May 3, 2016 approving the Finance Committee

meeting minutes of May 2, 2016. Seconded by Larry Barton. Jennifer Webster abstained. Motion

carried.

IV.

T ab le d Bu sin e ss: No Tabled Business

Page 1 of 3

Finance Committee Meeting Minutes of May 16, 2016

Page 64 of 317

V.

Cap it al Ex p en d it u r e s :

1.

ADD ON: Interseeder Technologies

Amount: $90,999.

Michael Finney, Environmental

Michael Finney was present to discuss the Interseeder, which is a new technology that will be a

first in this region that is being purchased under grant funds; three stage advantages; use of new

equipment; improvement of soil health of the farm; and allow soil to become more green; also a

chance to provide regional learning to other communities; would like approval for proposed June

delivery. The question of the lack of sole source justification, grantor approval, and omission of

shipping costs of equipment was discussed.

Motion by Larry Barton to refer back to requestor to provide freight costs, and correspondence

from granting agency of sole source approval and return back to the Finance Office so an E-Poll of

the FC can be done in time for the BC action of the FC minutes next week. Seconded by Chad

Fuss. Motion carried unanimously.

VI.

New B u s in es s:

1.

Meadowbrook – Cyber Premium

Robert Keck, Risk Management

The CFO went over the deliverables of the cyber insurance coverage, the request for bids process

and bids received (2), and the specific needs brought about by increased use of technology.

Motion by Wesley Martin, Jr. to approve the Meadowbrook Cyber Premium in the amount of

$105,738.00. Seconded by David Jordan. Larry Barton abstained. Motion carried.

VII.

Donation Requests:

1.

ADD ON: Finance Committee Donation Line - Update Report

Denise Vigue, Finance Office

Motion by Jennifer Webster to approve the Finance Committee Donation Line Update Report.

Seconded by David Jordan. Motion carried unanimously.

2.

Oneida Nation Longhouse

Requestor: Apache Danforth

Motion by Wesley Martin, Jr. to approve from the Finance Committee Donation Line $2,500.00 to

the Oneida Nation Longhouse Fund to assist with the kitchen construction/upgrade. Seconded by

David Jordan. Motion carried unanimously.

VIII.

E xe cu t iv e Se s sio n:

Motion by David Jordan to move into Executive Session. Seconded by Chad Fuss. Motion carried

unanimously. Time: 10:25 A.M.

Motion by Wesley Martin, Jr. to come out of Executive Session. Seconded by David Jordan. Motion

carried unanimously. Time: 11:25 A.M.

1.

Medical Contract

Henrietta Cornelius, OCHC

Motion by David Jordan to defer this item to the four BC Officers to identify what needs to happen

regarding the process inconsistencies surrounding the contract amendment; to defer back to the

requestor to obtain a legal opinion; and to return to the Finance Committee when completed.

Seconded by Chad Fuss. Motion carried unanimously.

Page 2 of 3

Finance Committee Meeting Minutes of May 16, 2016

Page 65 of 317

2.

Previous FC Action on Tier IV expenditures

Chad Fuss, Gaming Administration

Motion by Chad Fuss to rescind the original Gaming MIS Tier IV requests approved by the Finance

Committee on March 14, 2016 for Access, Inc. and Faith Technologies, Inc. Seconded by Larry Barton.

Motion carried unanimously.

Motion by Jennifer Webster to request the Treasurer to contact MIS regarding the Tier IV Project to find

out what work is being done at the Skenandoah Complex, what Purchase Order is it under, what

contract is it under, and who authorized work/contract. Seconded by David Jordan. Motion carried

unanimously.

IX.

Foll o w Up :

1.

Data Financial

Kim La Luzerne, Table Games

Motion by Larry Barton to accept the follow up memo regarding the contingent approved given for this

request on May 2, 2016. Seconded by David Jordan. Motion carried unanimously.

2.

ADD ON: Fr: OBC mtg of 5/11/16: FC Minutes –Concern

Patricia King, FC Chair & Treasurer

Motion by Larry Barton to add the name of each Community Fund requestor on to future meeting

minutes. Seconded by David Jordan. Motion carried unanimously.

X.

FY I an d / o r T h an k Y o u :

1.

Thank You: Military Order of the Purple Heart

George Greendeer, Commander, MoPH

Motion by Jennifer Webster to accept the thank you as FYI. Seconded by David Jordan. Motion

carried unanimously.

XI.

Ad jo u r n : Motion by David Jordan to adjourn. Seconded by Wesley Martin, Jr. Motion carried

unanimously. The meeting ended at 12:05 P.M.

Minutes taken and transcribed by:

Denise Vigue, Executive Assistant in Finance

& Finance Committee Recording Secretary

Finance Committee- E-Poll Minutes Approval Date:

May 17, 2016

Oneida Business Committee- FC Minutes- Approval Date:

Page 3 of 3

Finance Committee Meeting Minutes of May 16, 2016

Page 66 of 317

ONEIDA NATION

MEMORANDUM

TO:

Finance Committee

CC:

Business Committee

FR:

Denise Vigue, Execut ive Assistant

DT:

May 17, 2016

RE:

E- Po l l R es u lt s o f : F C M eet in g M in u t es o f M AY 1 6, 2 0 16

An E-Poll vot e of the Finance Committee was conduct ed to approve the

May 16, 2016 Finance Committee meet ing minutes. The results of the

completed E- Poll ar e as f ollows:

E-POLL RESULTS:

There w as a Majority 6 YES votes from Larry Barton, Chad Fuss, Wesl ey

Martin, Jr., Jennifer Webster, Davi d Jordan and Patrick Stensloff to

approve the May 16, 2016 Finance Committee Meeting Minutes.

The minutes will be placed on the next BC agenda of May 25, 2016 f or

approval and t he next Finance Comm ittee agenda of May 31, 2016 t o ratif y

this E- Poll action.

Yaw⩑ko

__________________________________________________________________________________________________________________________________________________________

* Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall

constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any

meeting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

Page 67 of 317

Page 68 of 317

Page 69 of 317

ONEIDA NATION

F in an c e Ad m in i st rat ion

P .O . B ox 36 5 ● O n e i da , W I 541 5 5

P h on e : 92 0- 8 6 9- 4 3 2 5

F AO @o n e id a na t i on . or g

MEMORANDUM

To:

Oneida Finance Committee

Fr:

Denise Vigue, Executive Assistant-Finance

Dt:

May 18, 2016

Re:

E-Poll Results – Cap Ex purchase-InterSeeder Technologies

On May 18, 2016 the Treasurer approved an E-poll of the Finance Committee regarding a

request from Environmental for a Capital Expenditure Purchase of an InterSeeder in the amount

of $90.999.00. The E-poll was completed today.

The 5/2/16 FC meeting motion was as follows:

Motion by Larry Barton to refer back to requestor to provide freight costs, and

correspondence from granting agency of sole source approval and return back to the

Finance Office so an E-Poll of the FC can be done in time for the BC action of the FC

minutes next week. Seconded by Chad Fuss. Motion carried unanimously.

E-POLL RESULTS:

There was a Majority - 5 YES votes from Larry Barton, Patrick Stensloff, Chad

Fuss, David Jordan and Wesley Martin, Jr. to approve the Capital

Expenditures request for purchase of an InterSeeder in the amount of

$90,999.00.

This concludes the Finance Committee E-poll. The information will be placed on the next

Business Committee agenda of May 25, 2016 for action and the next Finance Committee

agenda of May 31, 2016 to ratify this E-Poll.

Yaw⩑ko

Finance Committee By-Laws excerpt:

Article III. Meetings

3-6.

Voting

(c)

Telephone and e-mail polls may be allowed by authority of the (Finance Committee) Chairperson.

Polls must be sent to all Finance Committee members with a quorum responding.

Page 70 of 317

Page 71 of 317

Page 72 of 317

Page 73 of 317

Page 74 of 317

Page 75 of 317

Page 76 of 317

Page 77 of 317

Page 78 of 317



  /  / 

















Accept March 10, 2016, Quality of Life Committee meeting minutes











 





































Page 79 of 317

Quality of Life Committee

Chair

Vice Chair

Members

Fawn Billie

Tehassi Hill

Trish King, Lisa Summers, Brandon Stevens

Meeting Minutes

I.

Call to Order and Roll Call (8:45 am)

Meeting called to order by Quality of Life Vice-Chair, Tehassi Hill at 8:45 am.

A

Fawn Billie, QoL Chair

P

P

Trish King, BC Treasurer

A

A

Brandon Stevens, OBC Councilman

P

Jennifer Webster

(P- present, A- Absent)

Tehassi Hill, QoL Vice Chair

Lisa Summers, OBC Secretary

Others in Attendance: Dr. Ravinder Vir, Tina Jorgensen, Don White

II. Approve the agenda

MOTION: by Trish King to approve the agenda. Seconded by Jenny Webster. Motion carried

unanimously.

III.

Meeting Notes to be approved

A. February 11, 2016 Meeting notes

MOTION: by Jenny Webster to approve the February 11, 2016 meeting notes with the noted

changes. Seconded by Trish King. Motion carried unanimously.

IV.

Old Business

A. Technical Assistance Grant Update—Eric Boulanger (verbal update)

Excerpt from February 11, 2016 Quality of Life Meeting: Motion by Tehassi Hill to move

forward with the grant and send the information to OPD. Second by Trish King. Motion carried

unanimously.

MOTION: by Jenny Webster to defer the Technical Assistance Grant Update to the next Quality

of Life meeting. Seconded by Trish King. Motion carried unanimously.

B. Budget—Fawn Billie

Excerpt from February 11, 2016 Quality of Life Meeting: Motion by Trish King for herself to

bring back the history of the fund, trends of what people request, and the current policy for the

fund. Second by Tehassi Hill. Motion carried unanimously.

DISCUSSION: A request has been made for a report of the utilization trends of the community

(Coke) fund. Approximately $40,000 a year used for the community fund which is administered

through the finance committee. Purpose of the request for the report is to generate ideas on

how those funds can be maximized. Suggestion was made to consider connecting with the 7871

or United Way initiatives. Suggestion to reach out to both 7871 and United Way teams and ask

that a representative be present at the next QOL meeting to talk more about how to better

utilize the community fund.

MOTION: by Trish King to invite a representative from each the 7871 and United Way team to

continue the discussion around the community fund. Seconded by Jenny Webster. Motion

carried unanimously.

Quality of Life Committee

Meeting Minutes

March 10, 2016

Page 1 of 3

Page 80 of 317

C. Social Marketing Plan Update—Fawn Billie (verbal update)

DISCUSSION: No further changes/updates to the Social Marketing Plan at this time. The team

will continue to work on the plan but need more data. A meeting was scheduled with the school

board to see if the YRBSS Assessment (Youth Risk Behavior Surveillance System) could be

done in the tribal schools. The social marketing plan can be further developed once the data is

collected and assessed and goals can be identified. Other data would be collected through child

protective services through a survey. The Social Marketing Plan team will reconvene in

September after all data has been collected. Development Division has social planners and who

about community development. Next meeting request a presentation on the quality of life

survey, send the questions before for discussion for the next meeting.

MOTION: by Jenny Webster to request Melissa Nuthals to send the the latest Quality of Life

survey for review before the next meeting and that a presentation be provided at the next

Quality of Life meeting, seconded by Trish King. Motion carried unanimously.

MOTION: by Trish King to accept the Social Marketing Plan verbal update, seconded Jenny

Webster. Motion carried unanimously.

V.

New Business

(No action requested)

VI.

Standing Items

A. Drug Task Force Update—Fawn Billie

Excerpt from January 14, 2016 Quality of Life Meeting: Motion by Trish King to accept the

update; to have Fawn contact Housing for additional information, schedule a work meeting

with the Task Force and Oneida Tribal School Student Council, YES, and Sarah’s group

(yetiyatanunha?) to create a social marketing strategy on drug use in Oneida. Second by

Tehassi. Motion carried unanimously.

Excerpt from December 10, 2015 Quality of Life Meeting: Motion by Tehassi Hill to: Accept

the Drug Task Force update, and; The Drug Task Force reach out to Tina Jorgenson to

facilitate them through the social marketing plan, and; The Drug Task Force coordinate a

meeting schedule, and; A Community Meeting be held to create awareness of signs of drug

abuse coordinated by Tina Jorgenson on January 12. Second by Brandon Stevens. Motion

carried unanimously.

(No Discussion or Motions)

B. Wellness Facility (no action requested)

Discussion: General discussion about a youth treatment facility. Navajo has an

experiential program that helps teach and build up wayward youth to become leaders of

future programs. There might be some models for Oneida to look at and Diabetes

Prevention will connect with some of their contact. There is a group through the

diabetes program that attends an annual camping trip that teaches life lessons to better

their health/spirit/body/mind. (Apostle Island trip) Shiprock and their funding?

Regarding wellness facility. Find out if other tribes are onboard for funding. IHS

funding? Some different things need to be identified before moving forward. Identify

some follow through with the state. Do they support the initiative? Do other tribes?

Identify a site. Needs to have a campaign with a specific driver. A year round service

and sight, 24/7? Funding is available at the State level. Just needs a public statement

Quality of Life Committee

Meeting Minutes

March 10, 2016

Page 2 of 3

Page 81 of 317

from Oneida and other tribes saying it is supported and we want to move forward with

this. Also need a plan of action.

MOTION: by Jenny Webster to accept the verbal discussion and to bring back

additional information on the Shiprock Hills plan, Artely’s plan, Navicient site for sale (in

Menominee) and a State/tribal jurisdiction update from Fawn and Lisa. Seconded by

Trish King. Motion carried unanimously.

MOTION: by Jenny Webster for the Wellness Council to bring an update on the

exercise at work pilot program to the May meeting, seconded by Trish King. Motion

carried unanimously.

VII.

Reports

VIII.

Additions

IX.

Adjourn (9:59 am)

MOTION: by Jenny Webster to adjourn at 9:59 a.m. Seconded by Trish King. Motion

carried unanimously.

Quality of Life Committee

Meeting Minutes

March 10, 2016

Page 3 of 3

Page 82 of 317



  /  / 

















Accept April 14, 2016, Quality of Life Committee meeting minutes











 





































Page 83 of 317

Quality of Life Committee

Date:

Time:

Location:

I.

Thursday, April 14, 2016

8:30 am

BC Executive Conference Room

Meeting Minutes

Call to Order and Roll Call

Meeting called to order by Fawn Billie at 8:35 a.m.

P Fawn Billie, QOL Chair

P Tehassi Hill, QOL Vice Chair

P Trish King, BC Treasurer

_A_ Lisa Summers, OBC Secretary

P Brandon Stevens, OBC Councilman

(P- present, A- Absent)

Others in Attendance: Cheryl Stevens, Melissa Nuthals, Susan House, Joanie Buckley,

Richard VanBoxtel, Mandy Schneider, Jackie Smith, Jessica Wallenfang, Tina

Jorgensen, Pat Pelky, Dr. Ravinder Vir, Jessica Wallenfang

II.

Approval of the agenda

Motion by Tehassi Hill to approve the agenda, moving item IV.B to the top of the agenda,

seconded by Trish King. Motion carried unanimously.

III.

Approval of Meeting Minutes

A. Approve March 10, 2016 Quality of Life Meeting Minutes

Motion by Tehassi Hill to approve the March 10, 2016 Quality of Life Meeting minutes,

seconded by Trish King. Motion carried unanimously.

IV.

Unfinished Business

A. Oneida Youth Leadership 7871 and United Way update—Fawn Billie

Excerpt from March 10, 2016 Quality of Life Meeting: Motion by Trish King to

invite a representative from each the 7871 and United Way team to continue the

discussion around the community fund. Second by Jenny Webster. Motion carried

unanimously.

DISCUSSION: Joanie Buckely and Cheryl Stevens gave an update on the Oneida Youth

Leadership 7871. It will be a board within the tribe and does not have to be a separate entity

outside of the tribe. They will create a charter and bylaws for the board-looking to the Arts board

charter as a template. They have a website developed for donations. The 7871 is an IRS award

for the tribe.

United Way can work in conjunction with the 7871 and is currently being revived. The team has

not been together since 2013. Jessica Wallenfang will be the designated person working on this

initiative. Looking for an executive summary of what exactly United Way is and what it does.

Who manages the money coming in administratively?

Motion by to Tehassi Hill to accept the 7871 update, seconded by Trish King. Motion

carried unanimously.

Quality of Life Committee

Meeting Notes

April 14, 2016

Page 1 of 4

Page 84 of 317

V.

New Business

A. Services for Disabled Population—Melinda J. Danforth

Discussion: It has been asked of Governmental Services that the gap in services for disabled

individuals be identified. Looking for QOL to lead the way on developing/identifying services for

disabled individuals. Try to figure out how we can better service this population. Healthcare.gov

is a tool for individuals to identify what services that they may qualify for, based on their

situation. It appears that those individuals with disabilities are falling through the cracks and the

reason for this request coming forward to QOL is to research and identify if there is a gap.

Gather the baseline for this population and then bring Mallory Patton to the table to discuss

gaps/needs/funding, etc…

Next steps: Invite Mallory Patton to the next QOL meeting and have her identify where the gaps

are and help with definitions.

Motion by Tehassi Hill to accept the Vice Chair’s recommendation and invite Mallory

Patton to the next QOL meeting, seconded by Brandon Stevens. Motion carried

unanimously.

B. HHS-MAST Follow-Up Regarding Opioids—Fawn Billie

Discussion: Fawn Billie attended HHS-MAST and will give her update at the next QOL

meeting.

Motion by Tehassi Hill to defer HHS-MAST follow-up regarding opioids to the next

meeting, seconded by Brandon Stevens. Motion carried unanimously:

C. Pilot Employee Exercise Program Update—Tina Jorgensen

Discussion: Enrolled 96 employees and 88 are active in the pilot. Just finished week six and

are halfway through the pilot program. They have a really good sample to work from and will

show the results at the end of the program, which is May 20. Will bring the results to the BC at

the end of June 2016.

Motion by Tehassi Hill to accept the update, seconded by Brandon Stevens. Motion

carried unanimously:

VI.

Standing Items

A. Drug Task Force Update

Excerpt from March 10, 2016 Quality of Life Meeting: No discussion or action on

this topic.

Excerpt from January 14, 2016 Quality of Life Meeting: Motion by Trish King to

accept the update; to have Fawn contact Housing for additional information, schedule

a work meeting with the Task Force and Oneida Tribal School Student Council, YES,

and Sarah’s group (yetiyatanunha?) to create a social marketing strategy on drug use

in Oneida, second by Tehassi Hill. Motion carried unanimously.

Excerpt from December 10, 2015 Quality of Life Meeting: Motion by Tehassi Hill

to: Accept the Drug Task Force update, and; The Drug Task Force reach out to Tina

Jorgensen to facilitate them through the social marketing plan, and; The Drug Task

Quality of Life Committee

Meeting Notes

April 14, 2016

Page 2 of 4

Page 85 of 317

Force coordinate a meeting schedule, and; A Community Meeting be held to create

awareness of signs of drug abuse coordinated by Tina Jorgensen on January 12,

2016, second by Brandon Stevens. Motion carried unanimously.

Discussion: Discussion around current individuals addicted to drugs and/or alcohol and who

are looking to get help, but do not know where to turn. Dr. Ravinder Vir will reach out to the

AODA workers, to reach out to the QOL members for further discussion.

Motion by Tehassi Hill to accept the verbal update, seconded by Brandon Stevens.

Motion carried unanimously:

1. Technical Assistance Training Update—Eric Boulanger (verbal

update)

Excerpt from March 10, 2016 Quality of Life Meeting: Motion by

Jenny Webster to defer the Technical Assistance Training Update to

the next Quality of Life meeting, second by Trish King. Motion carried

unanimously.

Excerpt from February 11, 2016 Quality of Life Meeting: Motion by

Tehassi Hill to move forward with the training and send the

information to OPD, second by Trish King. Motion carried

unanimously.

Discussion: It is not a grant request it is a request for training from Fox Valley Tech. The

training is two day training - Day one for public administration and staff for drug identification

and Day two is a continuation and community presentation. Dates available are July 5-7, 2016

or Sept 6-9, 2016. This is being covered under grant funds. The funding is set up for 50

attending Day one and 100 attending for Day two. July 6-7 are the dates chosen. Employees

recommended to attend the Day one training have been suggested from Partners in Substance

Abuse Prevention 2016 Regional Training Flyer: Drug-free coalition members, law enforcement,

treatment providers, public health, health care educators, and school counselors and educators.

Motion by Tehassi Hill to accept the update and approve going forward with the July 6-7,

2016 training dates and develop the list of who will attend for employees for the next

meeting, seconded by Brandon Stevens. Motion carried unanimously.

Trish King left at 9:45 a.m. for a meeting.

2. Social Marketing Plan Update—Fawn Billie

Excerpt from March 10, 2016 Quality of Life Meeting: Motion by Jenny

Webster to request Melissa Nuthals to send the latest Quality of Life

survey for review before the next meeting and that a presentation be

provided at the next Quality of Life meeting, second by Trish King. Motion

carried unanimously.

DISCUSSION: The 2008 Youth Risk Behavior Survey (YRBS) as discussed and a copy will be

sent to the team and they will decide where to go from there. How do people get involved?

There are community members who are waiting to be involved. CDC guidelines were issued last

month and the guidelines have changed. The Health Center would like the new guidelines of the

CDC to be part of the communication plan. Next steps would be to attend the next school board

meeting and request the YRBS be done at the schools.

Quality of Life Committee

Meeting Notes

April 14, 2016

Page 3 of 4

Page 86 of 317

Motion by Tehassi Hill to accept the updates and ask Fawn to follow up the school board

regarding the Youth Risk Behavior Survey, seconded by Brandon Stevens. Motion

carried unanimously.

B. Wellness Facility

Excerpt from March 10, 2016 Quality of Life Meeting: Motion by Jenny Webster to

accept the verbal discussion and to bring back additional information on the Shiprock

Hills plan, Navicient site for sale (in Menominee) and a State/Tribal jurisdiction update

from Fawn Billie and Lisa Summers, seconded by Trish King. Motion carried

unanimously.

No discussion.

Motion by Tehassi HIll to accept the information packet presented by Tina Jorgensen

regarding the Shiprock Hills plan and to defer the discussion to the next QOL meeting,

seconded by Brandon Stevens. Motion carried unanimously:

VII.

Reports

VIII.

Additions

IX.

Adjourn

Motion by Tehassi Hill to adjourn at 11:00 a.m., seconded by Brandon Stevens. Motion

carried unanimously:

Quality of Life Committee

Meeting Notes

April 14, 2016

Page 4 of 4

IX. GENERAL TRIBAL COUNCIL

A. Petitioner Michael Debraska: Special GTC meeting to establish a Health Care Board

1. Accept legislative analysis

Sponsor: Brandon Stevens, Councilman

2. Accept legal analysis

Sponsor:

Jo Anne House, Chief Counsel

3. Defer financial analysis for thirty (30) days

Sponsor:

Larry Barton, Chief Financial Officer

B. Accept financial analysis regarding Petitioner Michael Debraska: Special GTC meeting for

Per Capita Distribution $3,000/$5,000

Sponsor:

Larry Barton, Chief Financial Officer

C. Approve 2016 Semi-Annual General Tribal Council meeting materials

Sponsor:

Lisa Summers, Tribal Secretary

These agenda items contain information for Tribal Members only. Please visit the Business Committee

Support Office on the second floor of the Norbert Hill Center with Tribal I.D. to obtain full packet materials.

Materials may also be obtained after logging into the Tribal Members only portal at https://oneidansn.gov/members-only/gtc-portal/bc-meeting-materials-for-members-only/

For any questions, please call the Business Committee Support Office at (920)869-4364 or send an email

to TribalSecretary@oneidanation.org. Thank you.

Page 139 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

5

/ 25 / 16

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Unfinished Business

Accept as Information only

Action - please describe:

Accept update of Work Plan for Cemetery Improvements project #14-002.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Work Plan

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Council Member

Primary Requestor/Submitter:

James Petitjean, Interim Asst. Division Director/Development

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Paul J. Witek, Senior Tribal Architect/ Engineering Dept.

Name, Title / Dept.

Additional Requestor:

Fawn Cottrell, Contract Processor/ Engineering Dept.

Name, Title / Dept.

Page 1 of 2

Page 140 of 317

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

STANDING ITEM:

Purpose:

Follow-up to item XII.A from December 9, 2015 OBC Meeting for a update to Work Plan.

Background:

On December 9, 2015 the Business Committee approved a motion to request the Cemetery Improvement

Project #14-002 Work Plan be a standing item on the second regular Business Committee meeting agenda of

each month starting in January of 2016 for updates.

Action Requesting:

1. Acceptance of Work Plan status update for Cemetery Improvements project #14-002.

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

Page 141 of 317

WORK PLAN

Cemetery Improvements Project

#14‐002

No.

1

2

3

Description

Continue data readings

from monitoring wells.

Install additional

monitoring wells.

Hydrogeology Study

(ground‐water study).

5/16/16

Notes

4

5

Additional drain tile

installation.

6

Raise grades between

existing plateaus.

Task

Coordinator

Estimated

Completion

Date

On‐going

On‐going

12/16/15

Complete, issued 12/9/15; proposals

received 12/16/15.

1/22/16

Complete.

Status

Monthly data readings.

a.

Collect data.

CW&S Dept.

Install monitoring wells at existing raised

plateaus and on property to east.

a.

Draft and release Request For

Proposals (RFP).

b.

Draft and award contract.

Engineering

Dept.

Engineering

Dept.

c.

Install monitoring wells

Vendor

2/9/16

4 wells installed Feb. 8 & 9.

Remaining 2 will be coordinated with

Hydrogeology study.

a.

Identify budget source for study.

Troy Parr

12/14/15

Transfer of funds from #07‐009

Building Demolitions was approved

by Finance Committee 12/14/15.

b.

Draft and release Request For

Proposals (RFP).

c.

Draft and award contract.

Engineering

Dept.

Engineering

Dept.

d.

Conduct study.

GEI

Fall 2016

e.

Present Final Report to OBC

Engineering

Dept. / GEI

Fall 2016

Waiting on completion of item 3.d.

a.

Include budget request in annual

fiscal year CIP Budget request.

Engineering

Dept.

T.B.D.

Waiting on Hydrogeology Study

results. Will estimate cost and

include a request in FY2017.

a.

Define specific scope of work with

Technical Team.

Engineering

Dept.

T.B.D.

Waiting on Hydrogeology Study

results.

b.

Drain tile installation.

CW&S Dept.

T.B.D.

Waiting on completion of item 5.a.

a.

Prepare Construction Documents

to define scope of work and allow

bidding of work.

Vendor/

Engineering

Dept.

T.B.D.

Waiting on Hydrogeology Study

results.

Request bids and award

construction contract.

Engineering

Dept.

T.B.D.

Waiting on completion of item 6.a.

The study will review previous reports,

existing data from monitoring wells, data

from new monitoring wells and provide

verification/recommendations of plan of

action to address groundwater concerns.

Study duration is anticipated to be 6 months.

Request funding for

implementation.

Tasks

Funding will be requested through the CIP

Budget and amounts will be based upon

estimates included in the Hydrogeology

Study.

Contingent upon results of Hydrogeology

Study. If study results confirm this is an

appropriate action, work will commence as

funding allows.

Contingent upon results of Hydrogeology

Study. If study results confirm this is an

appropriate action, work will commence as

funding allows.

b.

G:\ENG\Projects\14‐002 Cemetery\Misc\14‐002 Work Plan.docx

1

1/28/16

3/14/16

Issued 1/9/16; 4 proposals received

and scored 1/28/16.

GEI Consultants, Inc. approved,

Notice to Proceed issued.

Underway. May have prelim report in

June.

Page 142 of 317

WORK PLAN

Cemetery Improvements Project

#14‐002

No.

Description

5/16/16

Notes

Tasks

c.

Construction

G:\ENG\Projects\14‐002 Cemetery\Misc\14‐002 Work Plan.docx

2

Task

Coordinator

Estimated

Completion

Date

Vendor

T.B.D.

Status

Waiting on completion of item 6.b.

Page 143 of 317

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

05 / 25 / 16

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

New Business

Accept as Information only

Action - please describe:

Requesting the Oneida Business Committee to accept the Constitutional Amendments Implementation

teams report and allow for the team to report every other month.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Melinda J. Danforth, Tribal Vice Chairwoman

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

Page 144 of 317

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

At the February 24, 2016 BC meeting, the Oneida Business Committee directed the Constitutional Amendments

Implementation team to submit reports for every 2nd BC meeting of month. This will be the 3rd report to the

Business Committee.

The Constitutional Amendments Implementation team has been consistently meeting and have reported to the

Business Committee twice. Many items have been completed and addressed and the team is suggesting that

the Business Committee move the reports to every other month.

Requested actions:

1. Accept the Report

2. Approve the Constitutional Amendments Implementation team to report to the 2nd Business Committee

meeting every other month.

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

Page 145 of 317

Oneida Nation

MEMORANDUM

TO:

Oneida Business Committee

FROM:

Constitutional Amendments Implementation Team

DATE:

May 25, 2016

SUBJECT:

Report #3

Please accept this report as the third report to the Oneida Business Committee regarding the progress of

the implementation team to address the Constitutional Amendments. Below, you will find the updates

since the April 27, 2016 report.

Notification Letters to Oneida Indian Nation & Oneida of the Thames

At the April 27, 2016 Business Committee meeting, the Business Committee approved the Chairwoman

to sign notification letters to the Oneida Indian Nation and the Oneida of the Thames. Vice Chairwoman

Danforth has sent the letters to the Chairwoman twice and continues to await a signed copy of the

letters.

Election Law

LOC was requested to emergency amend the Election Law to reflect the constitutional changes (i.e. 1820 year old tribal members can vote and run in the election) in time for the July 2016 election process.

At the April 27, 2016 BC meeting, the Business Committee approved the emergency amendments.

Attached are the materials sent to the organization from the LOC. Attachment #1

Official notification to 18-20 year old tribal members

As per the communications plan, the attached letter was drafted to tribal members ages 18-20 years old

notifying them of their ability to participate in tribal elections and GTC meetings. At the April 27, 2016

Business Committee meeting, the Business Committee approve the letter. On May 6, 2016 the letter

was mailed (see attachment #2).

1

Page 146 of 317

Signage

Previously, the Business Committee received a signage report from the Development Division regarding

signage that is currently being placed around the reservation. Subsequently, the Development Division

submitted a report that indicated an additional $38,000 would be required in FY17 to complete the

community signage that would include Wastewater Treatment facility, Skenandoah building, Social

Services, and housing neighborhoods such as Uskah Village, Standing Stone, etc.

The funding for the signage was placed in the Business Committee Special Projects budget for FY17, as

the expenditures for the Constitutional Amendments had been placed in the BC budget up to this point.

At the May 17, 2016 BC Work meeting, the Business Committee agreed to request that the

Development Division budget this expenditure. Vice Chairwoman Danforth communicated this change

to the Development Division, the Treasurer’s Office and Finance on May 18, 2016.

Attached you will find the information from the Development Division. Attachment #3

BIA Update of Federally Recognized Tribes

Recently, the Bureau of Indian Affairs updated their list of federally recognized Tribes. Our Nation is

listed as the “Oneida Nation (formerly known as the Oneida Tribe of Indians of WI).” See attachment

#4.

Tribal Seal

With the Branding initiative being led by the Intergovernmental Affairs & Communications Department

(IGAC), the team officially forwarded the tribal seal development to IGAC.

2

Page 147 of 317

Implementation of the Oneida Constitutional Amendments Report #3

Report for the Oneida Business Committee

By the Constitutional Amendments Implementation Team

May 25, 2016

1

Page 148 of 317

Background

On August 21, 2010 the General Tribal Council (GTC) considered the following 6 constitutional

amendments to send to a Secretarial Election.

1. Lower voting age and age to participate in GTC from 21 years old to 18 years old

2. Change the Tribe’s official name from Oneida Tribe of Indians of Wisconsin

to Oneida Nation

3. Lift requirement to present yourself at the polls, thereby allowing for the

development of absentee balloting for Oneida Business Committee

elections which are held every three years

4. Remove the Secretary of Interior from an oversight and approval role with

the Tribe

5. Formally establish a judicial branch within the Constitution

6. Remove the mandatory “first Monday” meeting requirement to allow the

semi‐annual meetings to be held on different days

The GTC voted to send all the constitutional amendments to a Secretarial Election, except #3

“Lift requirement to present yourself at the polls, thereby allowing for the development of

absentee ballot for Oneida Business Committee elections.”

The Business Committee worked with the Department of Interior, Bureau of Indian Affair to

process Oneida’s request for a Secretarial Election and on May 2, 2015, the BIA held a

Secretarial Election where the Oneida Nation’s members voted and approved all five (5)

constitutional amendments. The 5 amendments are as follows;

a. Lower the voting age and age to participate in GTC from 21 years old to 18

years old

b. Change the Tribe’s official name from Oneida Tribe of Indians of Wisconsin

to Oneida Nation

c. Remove the Secretary of Interior from an oversight and approval role with

the Tribe

d. Formally establish a judicial branch within the Constitution

e. Remove the mandatory “first Monday” meeting requirement to allow the

semi‐annual meetings to be held on different days

The BIA noticed the Oneida Nation on June 24, 2015 that each of the amendments had been

certified. In July 2015, an appeal was filed to the Interior Board of Indian Appeals (IBIA) by a

tribal member that halted the certification and implementation of the amendments. On February

17, 2016, the Oneida Nation received the IBIA’s decision dated February 11, 2016 that rejected

the appeal and upheld the decision of the BIA to certify Oneida’s Secretarial Election. The Law

Office has advised that there are additional appeal processes available to the tribal member in

2

Page 149 of 317

federal court. However, the amendments are deemed effective and certified which requires

implementation of the amendments.

On February 24, 2016 the Business Committee formally acknowledged receipt of the IBIA’s

decision and directed the Constitutional Amendments Implementation Team begin reporting at

the 2nd Regular Business Committee meeting of the month on the implementation of the

constitutional amendments. This report serves as the third report to the Business Committee.

Constitutional Implementation Team Members

Melinda J. Danforth, Vice Chairwoman

Jessica Wallenfang, Legislative Assistant to the Vice Chairwoman

Lisa Summers, Tribal Secretary

Lisa Liggins, Legislative Assistant to the Tribal Secretary

Chad Wilson, Project Manager for ERB

Michelle Mays/Jo Ann House, Law Office

Bobbi Webster, Public Relations

Amendment #1: Lowering of the Voting Age

ISSUE

WHO

GTC Meeting Stipend Payment Policy may need to be amended to include

18 year olds. Possible emergency amendments until it can be adopted

permanently

Confirm the FY16 budget contains the potential increase in stipend

payments for GTC meetings

**18 year olds were allowed to participate at the February 20, 2016 GTC

meeting**

Attendance will be monitored and FY17 budget will reflect the change

•

Complete

A review of the policy by

the Law office concluded

that the language in the

policy did not need to

change.

• Complete

Treasurer confirmed that

the FY 16 GTC Stipend

budget has 11 meetings

budgeted and should cover

the cost for FY16

FY17 Budget will reflect this

3

Page 150 of 317

Election Law will need to amended

**Target: July 2016 Spe

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.