# BC Meeting Materials May 25, 2016 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A0731c338280e79ad ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## 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@ktkt<> 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 t [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A0731c338280e79ad. Public record. Not legal advice.