Oneida Business Committee (2016)

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Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, December 27, 2016

Executive Conference Room, 2nd floor, Norbert Hill Center

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Regular Meeting

9:00 a.m. Wednesday, December 28, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I. CALL TO ORDER AND ROLL CALL

II. OPENING

A. Special Recognition of Retirement and Years of Service – Don Denny

Sponsor:

Michele Doxtator, Area Manager/Retail Profits

III. ADOPT THE AGENDA

IV. OATHS OF OFFICE

A. Oneida Nation School Board – Margaret Ellis

V. MINUTES

A. Approve December 14, 2016, regular meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

B. Approve December 16, 2016, special meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

VI. RESOLUTIONS

A. Adopt resolution entitled Oneida Business Committee Regular Meeting Schedule

Sponsor:

Lisa Summers, Tribal Secretary

B. Adopt resolution entitled Adoption of Community Support Fund Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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VII. STANDING COMMITTEES

A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept Legislative Operating Committee FY ’16 4th quarter report

2. Accept December 7, 2016, Legislative Operating Committee meeting minutes

B. Finance Committee

Chair: Trish King, Tribal Treasurer

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1. Accept Finance Committee FY ’16 4th quarter report

2. Approve December 19, 2016, Finance Committee meeting minutes

C. Community Development Planning Committee

Chair: Melinda J. Danforth, Tribal Vice-Chairwoman

1. Accept Community Development Planning Committee FY ’16 4th quarter report

D. Quality of Life Committee

Chair: Fawn Billie, Councilwoman

1. Accept Quality of Life Committee FY ’16 4th quarter report

2. Accept November 10, 2016, Quality of Life Committee meeting minutes

VIII. UNFINISHED BUSINESS

A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations (This item is scheduled

to be addressed 1st on the agenda)

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.; and

to defer the remaining agenda items to the December 28, 2016, regular Business Committee

meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to

be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously.

B. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approval of Option B: Distribute twenty-one (21) Garden of Lights complimentary

passes on a first come, first serve basis

Requestor: Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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2. Approval of Membership Interest Assignment from Oneida Total Integrated Enterprises

(OTIE) to Oneida Engineering Science & Construction (OESC) – contract # 2016-1347;

and to authorize an Officer to sign the assignment on behalf of Oneida Nation

Requestor: Jo Anne House, Chief Counsel

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

C. Direct Treasurer to provide status update on development of SOP’s for Economic

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Development and Diversification Set Aside at the December 28, 2016, regular Business

Committee meeting

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.; and

to defer the remaining agenda items to the December 28, 2016, regular Business Committee

meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to

be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously.

IX. NEW BUSINESS

A. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved exception to the Community Support Fund hotel rate limits to increase the

limit to $100 for the Oneida Support Group at Standing Rock

Requestor: Jo Anne House, Chief Counsel

B. Approve revised 2017 Quarterly Reporting schedule

Sponsor:

Lisa Summers, Tribal Secretary

C. Approve 2017 Reporting Schedule for Oneida Business Committee Direct Reports

Sponsor:

Lisa Summers, Tribal Secretary

X. TRAVEL

A. UNFINISHED TRAVEL REPORTS

1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Medicare, Medicaid, and

Health Reform Policy Committee (MMPC) & Tribal Technical Advisory Group (TTAG)

meetings – Washington D.C. – November 2-3, 2016

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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B. UNFINISHED TRAVEL REQUESTS

1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Failed travel request - Seven (7) DOLM employees and one (1) Law Office employee

to attend the BIA Midwest Region Real Estate Services Technical Guidance and

Training - Prior Lake, MN - December 12-15, 2016

Requestor:

Nicole Rommel, Finance and Records Area Manager/Division of Land

Management

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding

Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously.

C. TRAVEL REQUESTS

1. Approve travel request – Vice-Chairwoman Melinda J. Danforth – 2017 Tribal Technical

Advisory Group (TTAG) Face-to-Face meetings – Washington D.C. – March 1-2, July

12-13, 2017

2. Approve travel request – Secretary Lisa Summers and one (1) staff member – Tribal

Caucus and Inter-Tribal Criminal Justice Council meetings – Baraboo, WI – January 1719, 2017

3. Approve travel request – Councilwoman Fawn Billie – Tribal Actin Plan Development

Workshop: Tribal Law and Order Act Training Initiative – Columbia, SC – January 2527, 2017

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

A. UNFINISHED REPORTS

1. Accept Comprehensive Health Division FY ’16 4th quarter report (1:30 p.m.-1:50 p.m.)

Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.

Ravinder Vir, Medical Director/Medical Operations

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims

Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan.

Motion carried unanimously.

2. Accept Land Claims Commission FY ’16 quarter report (1:50 p.m.-2:05 p.m.)

Vice-Chair: Loretta Metoxen

Liaison:

Brandon Stevens, Councilman

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims

Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan.

Motion carried unanimously.

3. Accept Self-Governance FY ’16 4th quarter report (2:05 p.m.-2:25 p.m.)

Sponsor:

Chris Johns, Coordinator/Self-Governance

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

4. Accept Emergency Management FY ’16 4th quarter report (2:25 p.m.-2:45 p.m.)

Sponsor:

Kaylynn Gresham, Director/Emergency Management Dept.

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

5. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report (2:45 p.m.-2:55 p.m.)

Chair:

Liaison:

Butch Rentmeester

Tehassi Hill, Councilman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

6. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report (2:55 p.m.3:05 p.m.)

Chair:

Jacquelyn Zalim

Liaison:

Tehassi Hill, Councilman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

7. Accept Bay Bancorporation Inc. FY ’16 4th quarter report (3:05 p.m.-3:15 p.m.)

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

8. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report (3:15 p.m.-3:25 p.m.)

President: Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

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9. Accept Oneida Golf Enterprise FY ’16 4th quarter report (3:25 p.m.-3:35 p.m.)

Agent:

Liaison:

Janice Skenandore-Hirth

Trish King, Tribal Treasurer

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

10. Accept Oneida Seven Generations Corporation FY ’16 4th quarter report

(3:35 p.m.-3:45 p.m.)

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

B. OPERATIONAL REPORTS

1. Accept Retail Enterprises FY ’16 4th quarter report (3:45 p.m.-4:05 p.m.)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

C. BOARDS, COMMITTEES, COMMISSIONS

1. Accept Personnel Commission FY ’16 4th quarter report (4:05 p.m.-4:20 p.m.)

Chair:

Liaison Alternate:

Yvonne Jourdan

David Jordan, Councilman

2. Accept Land Commission FY ’16 4th quarter report (Not Submitted)

Chair:

Liaison:

Rae Skenandore

Tehassi Hill, Councilman

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC

Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)

A. Review Fletcher, PLLC legal analysis of June 13, 2016, General Tribal Council meeting

regarding per capita and determine next steps

Sponsor:

Larry Barton, Chief Financial Officer

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.; and

to defer the remaining agenda items to the December 28, 2016, regular Business Committee

meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to

be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously.

EXCERPT FROM AUGUST 24, 2016: (1) Motion by Melinda J. Danforth to take this item from the

table, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to

adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021

Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled

out of order by Chairwoman Tina Danforth. (3) Motion by David Jordan to request an external third

party attorney’s office to provide an opinion regarding the per capita actions taken by the General

Tribal Council during a special meeting on June 13, 2016, seconded by Lisa Summers. Motion

carried with three opposed. (4) Amendment to the main motion by Melinda J. Danforth to request

the Finance Office be the person to administer and request the legal opinion, seconded by Lisa

Summers. Motion carried with one opposed and one abstention. (5) Motion by Lisa Summers to

place this item on the next Business Committee work meeting agenda for further discussion on

possible ways to continue to approach the concerns that were addressed here today, seconded by

Jennifer Webster. Motion carried unanimously.

EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items

to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers.

Motion carried unanimously.

EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled

Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General Tribal

Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by

Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016,

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

B. Schedule special General Tribal Council meeting, as directed by General Tribal Council, on

February 20, 2017; and approve draft agenda

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.; and

to defer the remaining agenda items to the December 28, 2016, regular Business Committee

meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to

be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously.

C. Schedule special General Tribal Council meeting, as directed by General Tribal Council, on

February 20, 2017; and approve meeting materials

Sponsor:

Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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D. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten

students

1. Accept legislative analysis progress report

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

2. Accept legal analysis progress report

Sponsor:

Jo Anne House, Chief Counsel

3. Accept financial analysis progress report

Sponsor:

Larry Barton, Chief Financial Officer

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

EXCERPT FROM OCTOBER 26, 2016: (1) Motion by Lisa Summers to accept the verified

petition submitted by Edward Delgado regarding Oneida panel of educators and retention of

kindergarten students; and to request appropriate analyses, seconded by Fawn Billie. Motion

carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law,

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

and administrative analyses to be completed, seconded by Fawn Billie. Motion carried

unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative

Reference Offices to submit their analyses within sixty (60) days; and that a progress report be

submitted within forty-five (45) days, seconded by David Jordan. Motion carried unanimously.

(4) Motion by Lisa Summers to direct the Direct Reports Offices to submit the appropriate

administrative analysis to the Tribal Secretary’s Office within thirty (30) days, seconded by

Jennifer Webster. Motion carried unanimously.

E. Accept verified petition submitted by Sherrole Benton regarding request to change preemployment drug testing for marijuana; and request appropriate analyses

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.; and

to defer the remaining agenda items to the December 28, 2016, regular Business Committee

meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations” to

be addressed first on that agenda, seconded by Melinda J. Danforth. Motion carried unanimously.

F. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved draft agenda; and to schedule a special General Tribal Council meeting on

Sunday, March 19, 2016 at 1:00 p.m.

Requestor: Lisa Summers, Tribal Secretary

G. Assign committee members to work on the General Tribal Council directive regarding

establishment of legal office with advocates and advising attorney for Oneida Nation

employees and enrolled Tribal Members

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

H. Accept report regarding remaining agenda items for the record

Sponsor:

Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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XIII. EXECUTIVE SESSION

A. UNFINISHED REPORTS

1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report

Chair:

Liaison:

Butch Rentmeester

Tehassi Hill, Councilman

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report

Chair:

Liaison:

Jacquelyn Zalim

Tehassi Hill, Councilman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report

President: Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

5. Accept Oneida Golf Enterprise FY ’16 4th quarter report

Agent:

Liaison:

Janice Skenandore-Hirth

Trish King, Tribal Treasurer

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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6. Accept Oneida Seven Generations Corporation FY ’16 4th quarter report

(9:30 a.m.-10:00 a.m.)

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

7. Accept Chief Counsel report dated December 13, 2016 – Jo Anne House, Chief Counsel

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EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

B. REPORTS

1. Accept Retail Enterprises FY ’16 4th quarter report (9:00 a.m.-9:30 a.m.)

Sponsor: Michele Doxtator, Area Manager/Retail Profits

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

3. Chief Financial Officer report – Larry Barton, Chief Financial Officer

4. Chief Counsel report – Jo Anne House, Chief Counsel

C. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

2. Accept Oneida Golf Enterprise – Ladies Professional Golf Association update

Sponsor:

Trish King, Tribal Treasurer

a. Accept update regarding requested vendor list

Sponsor:

Larry Barton, Chief Financial Officer

b. Accept update regarding procedure for draw down decisions

Sponsor:

Larry Barton, Chief Financial Officer

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding

Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by David Jordan to accept the update

regarding Oneida Golf Enterprise – Ladies Professional Golf Association, seconded by

Fawn Billie. Motion carried unanimously. (2) Motion by Jennifer Webster for the Chief

Financial Officer to provide a top 30 vendor list with low and high spend ranges for each

vendor to the Business Committee team representatives that include Secretary Lisa

Summers, Treasurer Trish King, and Danelle Wilson no later than December 9, 2016,

seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa Summers to

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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direct the Chief Financial Officer to provide a written procedure identifying how draw down

decisions are made against their approved loan agreement, including a flow chart of how

the payments are processed once the requests come in from Oneida Golf Enterprise; and

that’s to be done by December 16, 2016, seconded by Fawn Billie. Motion carried

unanimously.

D. AUDIT COMMITTEE

Chair: Councilman Tehassi Hill

1. Accept Audit Committee FY ’16 4th quarter report

2. Accept October 13, 2016, Audit Committee meeting minutes

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E. UNFINISHED BUSINESS

1. Accept update regarding Departments of Public Works HVAC contracts

Sponsors: Brandon Stevens, Councilman/Legislative Operating Committee Chair

EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the

Legislative Operating Committee, Law Office, and Purchasing Department to develop policies

and solutions; and for an update to be brought back within sixty (60) days, seconded by Jennifer

Webster. Motion carried with one abstention.

2. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Approved Government Policy Solutions – contract # 2016-1287

Requestor:

Nathan King, Director/Intergovernmental Affairs & Communications

b. Approved Pace LLP – contract # 2016-1286

Requestor:

Nathan King, Director/Intergovernmental Affairs & Communications

c. Approved Cooperative Governance Agreement between Oneida Nation and Town

of Oneida – contract # 2016-1357

Requestor:

Lisa Summers, Tribal Secretary

3. Approve recommendation to terminate appointment of Oneida Library Board member

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer the request back to

the Chair’s Office; and to request a recommendation be provided at the December 14, 2016,

regular Business Committee meeting, in accordance with section 6-5 of the Comprehensive

Policy Governing Boards, Committees, and Commissions, seconded by Lisa Summers. Motion

carried unanimously.

EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items

to the November 23, 2016, regular Business Committee unless there are items that the Tribal

Secretary can identify that need immediate attention by the Business Committee at which time

the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded

by Tehassi Hill. Motion carried unanimously.

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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4. Final Monitoring Report regarding on-site performance review of Indian Housing Block

Grant and Indian Community Development Block grant programs:

a. Accept funding recommendation regarding finding # 2016-IHBG-3

Sponsors:

Dale Wheelock, Executive Director/Oneida Housing Authority; Jacque

Boyle, Director/Development Division-Operations; Larry Barton, Chief

Financial Officer

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding

Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously.

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b. Accept status report from Legislative Operating Committee regarding completion of

tribal policy to address finding # 2016-IHBG-4

Sponsor:

Brandon Stevens, Councilman/ Legislative Operating Committee Chair

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59

a.m.; and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding

Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by Lisa Summers to accept the Final

Monitoring Report regarding on-site performance review of the Indian Housing Block grant

and Indian Community Development Block grant programs; and to move the report to open

session, seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa

Summers to assign the Oneida Housing Authority Director, Development Division Director,

and the Chief Financial Officer to work together to identify the funds for open finding #

2016-IHGB-3; and for the recommendation to be brought back to the December 14, 2016,

regular Business Committee meeting for consideration, noting the deadline of February 20,

2017, to transfer the funds, seconded by David Jordan. Motion carried unanimously. (3)

Motion by Jennifer Webster to assign the Legislative Operating Committee to bring back a

status report on the completion of tribal policy that would address finding # 2016-IHBG-4

for the December 14, 2016, regular Business Committee meeting, seconded by Brandon

Stevens. Motion carried unanimously.

EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining

items to the November 23, 2016, regular Business Committee unless there are items that

the Tribal Secretary can identify that need immediate attention by the Business Committee

at which time the Tribal Secretary will ask for an E-Poll to be conducted to address those

items, seconded by Tehassi Hill. Motion carried unanimously.

5. Accept update regarding Duck Creek Trail strategy

Sponsors: Nathan King, Director/Intergovernmental Affairs & Communications

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to direct the

Intergovernmental Affairs & Communications Dept. and the Development Division to work with

the Law Office regarding the right-of-way and signage issues; and to bring back an update to

the December 14, 2016, regular Business Committee meeting, seconded by Jennifer Webster.

Motion carried unanimously.

EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining items

to the November 23, 2016, regular Business Committee unless there are items that the Tribal

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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Secretary can identify that need immediate attention by the Business Committee at which time

the Tribal Secretary will ask for an E-Poll to be conducted to address those items, seconded

by Tehassi Hill. Motion carried unanimously.

6. Approve fifty-four (54) new enrollments

Sponsor:

Brandon Stevens, Councilman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

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7. Review complaint # 2016-DR06-08

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

8. Review complaint # 2016-DR06-09

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

9. Review complaint # 2016-DR06-10

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

10. Accept update regarding Tribal Ombudsman position

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

11. Review results of Investigative Case # 16-61 and determine next steps

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 14, 2016: Motion Jennifer Webster to adjourn at 11:59 a.m.;

and to defer the remaining agenda items to the December 28, 2016, regular Business

Committee meeting, with item “VIII.A. Review concern # 2016-CC-21 regarding Tsyunhehkwa

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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operations” to be addressed first on that agenda, seconded by Melinda J. Danforth. Motion

carried unanimously.

F. NEW BUSINESS

1. Approve first amendments for name changes to Public Safety Officer Pension Plan and

OBC 401(k) savings plan

Sponsor: Larry Barton, Chief Financial Officer

XIV. ADJOURN

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Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 11:00 a.m., on Friday, December 23, 2016,

pursuant to the Open Records and Open Meetings Law, section 7.17-1.

The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official

website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/

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

Oneida Business Committee Regular Meeting Agenda of December 28, 2016

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

12 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Announcement/Recognition

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Accept as Information only

Action - please describe:

Recognition of Don Denny's years of service as he retires from Oneida Retail. Don's last day will be on

December 30th.

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:

Michele Doxtator, Area Manager/Retail Profits

Primary Requestor/Submitter:

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

12 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

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Accept as Information only

Action - please describe:

Administer Oath of Office to Board Members Margaret Ellis to the Oneida School Board

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The posting was in the October 20, 2016 issue of the Kalihwisaks for (2) vacancies on the School Board for a (3)

year term with the deadline of November 18, 2016. There were (2) applicants (one withdrew) for the (2) vacancies

on the Oneida School Board. The appointment was made by the Oneida School Board at their December 5, 2016

School Board meeting. Per the School Board By-Laws, the School Board took the following actions for the

vacancy left unfilled due to the 2016 Elections:

Resignation/Board Vacancy

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Should a vacancy occur within the School Board, the following activities shall be

undertaken to ensure the continuous operation of the Board in its charge to the School

and the community:

Should the member submit a letter of resignation, the Board shall act at its

earliest convenience to accept or decline the resignation.

Once a vacancy is documented, if the vacancy occurs within

one year or less left on their term, that term will remain intact until the next election.

If the time is more that one year left on the term, the Board shall first

contact the highest non-elected candidate from the most recent election. If

that person is willing to serve, he or she shall be appointed by the Board to

fill the remainder of the vacated term.

If the highest non-elected candidate from the most recent election declines

the position, the Board shall publish its vacancy in the Kalihwisaks and

ask for interested parents or community members. Upon deadline date,

the School Board Chairperson will appoint, with School Board

ratification, at the next regular School Board meeting.

Subsequently, the School Board has requested the Executive Tribal Clerk to repost the second vacancy.

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

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

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

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

12 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Minutes

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Accept as Information only

Action - please describe:

Approve December 14, 2016, regular meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. December 14, 2016, regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Heather Heuer, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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DRAFT

Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, December 13, 2016

Executive Conference Room, 2nd floor, Norbert Hill Center

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Regular Meeting

9:00 a.m. Wednesday, December 14, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Chairwoman Tina Danforth, Treasurer Trish King, Council members: Fawn Billie, Tehassi Hill,

David Jordan, Brandon Stevens, Jennifer Webster;

Not Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers;

Arrived at: ;

Others present: Larry Barton, Jo Anne House, Jacque Zalim, Jeff House, Jeff Bowman, Janice

Skenandore-Hirth, Steve Ninham, Jeanne Nault, Josh Doxtator, Justin Fox;

REGULAR MEETING

Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,

Council members: Tehassi Hill, Jennifer Webster;

Not Present: Secretary Lisa Summers, Councilwoman Fawn Billie, Councilman David Jordan,

Councilman Brandon Stevens;

Arrived at: ;

Others present: Jo Anne House, Heather Heuer, Debra Danforth, Michele Doxtator, Mike Debraska,

Tammy Skenandore, Rick Ereck, Geraldine Danforth, Jessica Wallenfang, Mike Hill, Judi Skenandore, Dr.

Ravinder Vir, Chris Johnson, Julie Barton, Cathy Metoxen, Lora Skenandore, Danelle Wilson, Kathy

Metoxen, Vicki Cornelius, Joanie Buckley, Nancy Barton, Ed Delgado, Candice Skenandore, Tonya

Webster, Gina Buenrostro, Leyne Orosco, Kaylynn Gresham, Jamie Betters, Chris Johns, Madelyn

Genskow, Larry Barton, Jeff Metoxen, Rich Vanboxtel, Sheri Forgette, Sandra Schuyler, Mary

Cornelissen, Cathy Bachhuber, Barbara Dickson, Lisa Liggins, Kathy Metoxen, Saquoia Metoxen, Yvette

Peguro, Chris Wells, Niki Disterhaft, Jamie Kallies;

I.

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

For the record:

Secretary Lisa Summers and Councilman David Jordan are on personal

time. Councilwoman Fawn Billie is attending the Governor’s Task Force

session on opioid and heroine abuse. Councilman Brandon Stevens is

on vacation time. There will not be a quorum for the afternoon as

Chairwoman Tina Danforth has a personal appointment and Treasurer

Trish King will be taking personal time.

II. OPENING Prayer by Councilman Tehassi Hill

A. Recognition of retirement – Judi Skenandore with 42 years of service

Sponsor:

Debra Danforth, Division Director/Comprehensive Health Operations

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B. Presentation of Exxon/Mobil Education Alliance & Oneida Retail $500 grants to Oneida

Nation High School, Oneida Nation Elementary, Pioneer Elementary, King Elementary,

Lannoye Elementary, and Hillcrest Elementary

Sponsor:

Michele Doxtator, Area Manager/Retail Profits

C. Kanolukhwásla – LZ Lambeau “Welcoming Home Wisconsin’s Vietnam Veterans” –

Appreciation gift presented by Rick Ereck

Sponsor:

Jennifer Webster, Councilwoman

III. ADOPT THE AGENDA (00:24:05)

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Motion by Melinda J. Danforth to adopt the agenda, noting item “VII.B. Review letter regarding law

enforcement agencies and Tribal Members on tribal land” is scheduled to begin at 10:00 a.m.; and the

Business Committee meeting will conclude at noon, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

IV. OATHS OF OFFICE (00:26:08) administered by Chairwoman Tina Danforth

A. Oneida Election Board – Gina Powless-Buenrostro, Tonya Webster

B. Oneida Pow Wow Committee – Vicki Cornelius

V. MINUTES (00:28:46)

A. Approve November 23, 2016, regular meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Melinda J. Danforth to approve the November 23, 2016, regular meeting minutes, seconded by

Jennifer Webster. Motion carried with one abstention:

Ayes:

Melinda J. Danforth, Trish King, Jennifer Webster

Abstained:

Tehassi Hill

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

VI. STANDING COMMITTEES

A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept November 16, 2016, Legislative Operating Committee meeting minutes

(00:31:32)

Motion by Jennifer Webster to accept the November 16, 2016, Legislative Operating Committee meeting

minutes, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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B. Finance Committee

Chair: Trish King, Tribal Treasurer

1. Approve December 5, 2016, Finance Committee meeting minutes (00:48:39)

Motion by Trish King to approve the December 5, 2016, Finance Committee meeting minutes, seconded

by Tehassi Hill. Motion carried with one abstention:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King

Abstained:

Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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VII. UNFINISHED BUSINESS

Chairwoman Tina Danforth departs at 11:30 a.m. and Vice-Chairwoman Melinda J. Danforth assumes

responsibility of the Chair.

Chairwoman Tina Danforth returns at 11:46 a.m. and resumes responsibility of the chair.

A. Accept follow-up report regarding Bureau of Indian Affairs – General Assistance Grant

funds (2:27:00)

Sponsor:

Chris Johns, Coordinator/Self-Governance

EXCERPT FROM OCTOBER 26, 2016: Motion by Lisa Summers to accept the update; to

request a follow-up report to be completed by the GSD Division Director and Self-Governance

Coordinator; and to direct the issue to the IGAC Director for the coordination of legislative followup at the federal level, seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM OCTOBER 12, 2016: Motion by David Jordan to defer this item to the October

26, 2016, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried

unanimously.

EXCERPT FROM AUGUST 24, 2016: (1) Motion by Jennifer Webster to accept the request as

information; and to request the Governmental Services Division and Self-Governance Director to

provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the

main motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued

monitoring and follow-up; and to request the initial report be brought back within thirty (30) days,

seconded by Tehassi Hill. Motion carried unanimously.

Motion by Melinda J. Danforth to accept the report from the Self-Governance Coordinator and Economic

Support Services Director; and to request a report from the Governmental Services Division Director to

address how they will deal with future deficits in the General Assistance Grant funds to be submitted for

the December 28, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

B. Review letter regarding law enforcement agencies and Tribal Members on tribal land

(This item is scheduled to begin at 10:00 a.m.) (1:11:45)

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer this item to the

December 14, 2016, regular Business Committee meeting, seconded by Jennifer Webster.

Motion carried with one opposed.

Motion by Melinda J. Danforth that the Business Committee respectfully requests the Chief of Police to do

a follow-up letter to tribal members that live in Outagamie County regarding the jurisdiction of the Oneida

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Police Department and Outagamie County Sheriff’s Department, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

VIII. NEW BUSINESS

A. Review concern # 2016-CC-21 regarding Tsyunhehkwa operations

Sponsor:

Tina Danforth, Tribal Chairwoman

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

B. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approval of Option B: Distribute twenty-one (21) Garden of Lights complimentary

passes on a first come, first serve basis

Requestor: Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

2. Approval of Membership Interest Assignment from Oneida Total Integrated Enterprises

(OTIE) to Oneida Engineering Science & Construction (OESC) – contract # 2016-1347;

and to authorize an Officer to sign the assignment on behalf of Oneida Nation

Requestor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

C. Direct Treasurer to provide status update on development of SOP’s for Economic

Development and Diversification Set Aside at the December 28, 2016, regular Business

Committee meeting

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

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Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

IX. TRAVEL

A. TRAVEL REPORTS

1. Accept travel report – Vice-Chairwoman Melinda J. Danforth – Medicare, Medicaid, and

Health Reform Policy Committee (MMPC) & Tribal Technical Advisory Group (TTAG)

meetings – Washington D.C. – November 2-3, 2016; and approve request to attend the

February 2017 and July 2017 TTAG meetings in Washington D.C.

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

B. TRAVEL REQUESTS

1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Failed travel request - Seven (7) DOLM employees and one (1) Law Office employee

to attend the BIA Midwest Region Real Estate Services Technical Guidance and

Training - Prior Lake, MN - December 12-15, 2016

Requestor:

Nicole Rommel, Finance and Records Area Manager/Division of Land

Management

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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

A. UNFINISHED REPORTS

1. Accept Comprehensive Health Division FY ’16 4th quarter report

Sponsors: Debra Danforth, Division Director/Comprehensive Health Operations; Dr.

Ravinder Vir, Medical Director/Medical Operations

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims

Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan.

Motion carried unanimously.

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

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Ayes:

Not Present:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

2. Accept Land Claims Commission FY ’16 quarter report

Vice-Chair: Loretta Metoxen

Liaison:

Brandon Stevens, Councilman

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to defer the Land Claims

Commission FY ’16 4th quarter report to the December 14, 2016, seconded by David Jordan.

Motion carried unanimously.

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

B. OPERATIONAL REPORTS

1. Accept Self-Governance FY ’16 4th quarter report

Sponsor:

Chris Johns, Coordinator/Self-Governance

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

2. Accept Emergency Management FY ’16 4th quarter report

Sponsor:

Kaylynn Gresham, Director/Emergency Management Dept.

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

C. CORPORATE BOARD REPORTS

1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report

Chair:

Liaison:

Butch Rentmeester

Tehassi Hill, Councilman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report

Chair:

Liaison:

Jacquelyn Zalim

Tehassi Hill, Councilman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report

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President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report

President: Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

5. Accept Oneida Golf Enterprise FY ’16 4th quarter report

Agent:

Liaison:

Janice Skenandore-Hirth

Trish King, Tribal Treasurer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

6. Defer Oneida Seven Generations Corporation FY ’16 4th quarter report to December 28,

2016, regular Business Committee meeting

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC

Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)

A. Schedule special General Tribal Council meeting, as directed by General Tribal Council, on

February 20, 2017; and approve draft agenda

Sponsor:

Lisa Summers, Tribal Secretary

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

B. Accept verified petition submitted by Sherrole Benton regarding request to change preemployment drug testing for marijuana; and request appropriate analyses

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

C. Petitioner Edward Delgado: Oneida panel of educators and retention of kindergarten

students

1. Accept financial analysis progress report

Sponsor:

Larry Barton, Chief Financial Officer

EXCERPT FROM OCTOBER 26, 2016: (1) Motion by Lisa Summers to accept the verified

petition submitted by Edward Delgado regarding Oneida panel of educators and retention of

kindergarten students; and to request appropriate analyses, seconded by Fawn Billie. Motion

carried unanimously. (2) Motion by Lisa Summers to send the verified petition to the Law,

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

and administrative analyses to be completed, seconded by Fawn Billie. Motion carried

unanimously. (3) Motion by Lisa Summers to direct the Law, Finance, and Legislative

Reference Offices to submit their analyses within sixty (60) days; and that a progress report

be submitted within forty-five (45) days, seconded by David Jordan. Motion carried

unanimously. (4) Motion by Lisa Summers to direct the Direct Reports Offices to submit the

appropriate administrative analysis to the Tribal Secretary’s Office within thirty (30) days,

seconded by Jennifer Webster. Motion carried unanimously.

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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D. Review Fletcher, PLLC legal analysis of June 13, 2016, General Tribal Council meeting

regarding per capita and determine next steps

Sponsor:

Larry Barton, Chief Financial Officer

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EXCERPT FROM AUGUST 24, 2016: (1) Motion by Melinda J. Danforth to take this item from the

table, seconded by David Jordan. Motion carried unanimously. (2) Motion by Lisa Summers to

adopt resolution titled Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021

Adopted by General Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion

ruled out of order by Chairwoman Tina Danforth. (3) Motion by David Jordan to request an

external third party attorney’s office to provide an opinion regarding the per capita actions taken

by the General Tribal Council during a special meeting on June 13, 2016, seconded by Lisa

Summers. Motion carried with three opposed. (4) Amendment to the main motion by Melinda J.

Danforth to request the Finance Office be the person to administer and request the legal opinion,

seconded by Lisa Summers. Motion carried with one opposed and one abstention. (5) Motion by

Lisa Summers to place this item on the next Business Committee work meeting agenda for

further discussion on possible ways to continue to approach the concerns that were addressed

here today, seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items

to the August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers.

Motion carried unanimously.

EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to adopt resolution titled

Implementing Per Capita Plan for Fiscal Year 2017 to Fiscal Year 2021 Adopted by General

Tribal Council on June 13, 2016, seconded by Brandon Stevens. Motion ruled out of order by

Chairwoman Tina Danforth. (2) Motion by Lisa Summers to table this item to the July 27, 2016,

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

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

XII. EXECUTIVE SESSION

A. REPORTS

1. Accept Oneida Total Integrated Enterprise FY ’16 4th quarter report (9:30 a.m.-10:00 a.m.)

Chair:

Liaison:

Butch Rentmeester

Tehassi Hill, Councilman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

2. Accept Oneida Engineering Science & Construction, LLC FY ’16 4th quarter report

(10:00 a.m.-10:30 a.m.)

Chair:

Jacquelyn Zalim

Liaison:

Tehassi Hill, Councilman

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

3. Accept Bay Bancorporation Inc. FY ’16 4th quarter report (10:30 a.m.-11:00 a.m.)

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

4. Accept Oneida Airport Hotel Corporation FY ’16 4th quarter report (1:30 p.m.-2:00 p.m.)

President: Janice Skenandore-Hirth

Liaison:

Trish King, Tribal Treasurer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

5. Accept Oneida Golf Enterprise FY ’16 4th quarter report (2:00 p.m.-2:30 p.m.)

Agent:

Liaison:

Janice Skenandore-Hirth

Trish King, Tribal Treasurer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

6. Defer Oneida Seven Generations Corporation FY ’16 4th quarter report to December 28,

2016, regular Business Committee meeting

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

8. Intergovernmental Affairs & Communications – Nathan King, Director

a. Approve Government Policy Solutions – contract # 2016-1287

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Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

b. Approve Pace LLP – contract # 2016-1286

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association update

(This item is scheduled to begin at 2:30 p.m.)

Sponsor: Trish King, Tribal Treasurer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

a. Accept update regarding requested vendor list

Sponsor:

Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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b. Accept update regarding procedure for draw down decisions

Sponsor:

Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by David Jordan to accept the

update regarding Oneida Golf Enterprise – Ladies Professional Golf Association,

seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Jennifer Webster for

the Chief Financial Officer to provide a top 30 vendor list with low and high spend ranges

for each vendor to the Business Committee team representatives that include Secretary

Lisa Summers, Treasurer Trish King, and Danelle Wilson no later than December 9,

2016, seconded by Lisa Summers. Motion carried unanimously. (3) Motion by Lisa

Summers to direct the Chief Financial Officer to provide a written procedure identifying

how draw down decisions are made against their approved loan agreement, including a

flow chart of how the payments are processed once the requests come in from Oneida

Golf Enterprise; and that’s to be done by December 16, 2016, seconded by Fawn Billie.

Motion carried unanimously.

C. UNFINISHED BUSINESS

1. Approve recommendation to terminate appointment of Oneida Library Board member

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM NOVEMBER 23, 2016: Motion by David Jordan to defer the request back

to the Chair’s Office; and to request a recommendation be provided at the December 14,

2016, regular Business Committee meeting, in accordance with section 6-5 of the

Comprehensive Policy Governing Boards, Committees, and Commissions, seconded by Lisa

Summers. Motion carried unanimously.

EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining

items to the November 23, 2016, regular Business Committee unless there are items that the

Tribal Secretary can identify that need immediate attention by the Business Committee at

which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items,

seconded by Tehassi Hill. Motion carried unanimously.

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

2. Final Monitoring Report regarding on-site performance review of Indian Housing Block

Grant and Indian Community Development Block grant programs:

a. Accept funding recommendation regarding finding # 2016-IHBG-3

Sponsors:

Dale Wheelock, Executive Director/Oneida Housing Authority; Jacque

Boyle, Director/Development Division-Operations; Larry Barton, Chief

Financial Officer

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

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21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

b. Accept status report from Legislative Operating Committee regarding completion

of tribal policy to address finding # 2016-IHBG-4

Sponsor:

Brandon Stevens, Councilman/ Legislative Operating Committee Chair

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EXCERPT FROM NOVEMBER 23, 2016: (1) Motion by Lisa Summers to accept the

Final Monitoring Report regarding on-site performance review of the Indian Housing

Block grant and Indian Community Development Block grant programs; and to move the

report to open session, seconded by Fawn Billie. Motion carried unanimously. (2) Motion

by Lisa Summers to assign the Oneida Housing Authority Director, Development Division

Director, and the Chief Financial Officer to work together to identify the funds for open

finding # 2016-IHGB-3; and for the recommendation to be brought back to the December

14, 2016, regular Business Committee meeting for consideration, noting the deadline of

February 20, 2017, to transfer the funds, seconded by David Jordan. Motion carried

unanimously. (3) Motion by Jennifer Webster to assign the Legislative Operating

Committee to bring back a status report on the completion of tribal policy that would

address finding # 2016-IHBG-4 for the December 14, 2016, regular Business Committee

meeting, seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining

items to the November 23, 2016, regular Business Committee unless there are items that

the Tribal Secretary can identify that need immediate attention by the Business

Committee at which time the Tribal Secretary will ask for an E-Poll to be conducted to

address those items, seconded by Tehassi Hill. Motion carried unanimously.

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

3. Accept update regarding Duck Creek Trail strategy

Sponsors: Nathan King, Director/Intergovernmental Affairs & Communications

EXCERPT FROM NOVEMBER 23, 2016: Motion by Lisa Summers to direct the

Intergovernmental Affairs & Communications Dept. and the Development Division to work

with the Law Office regarding the right-of-way and signage issues; and to bring back an

update to the December 14, 2016, regular Business Committee meeting, seconded by

Jennifer Webster. Motion carried unanimously.

EXCERPT FROM NOVEMBER 9, 2016: Motion by Lisa Summers to defer the remaining

items to the November 23, 2016, regular Business Committee unless there are items that the

Tribal Secretary can identify that need immediate attention by the Business Committee at

which time the Tribal Secretary will ask for an E-Poll to be conducted to address those items,

seconded by Tehassi Hill. Motion carried unanimously.

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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D. NEW BUSINESS

1. Approve fifty-four (54) new enrollments

Sponsor:

Brandon Stevens, Councilman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

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2. Review complaint # 2016-DR06-08 (This item is scheduled to begin at 9:00 a.m.)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

3. Review complaint # 2016-DR06-09

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

4. Review complaint # 2016-DR06-10

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

5. Accept update regarding Tribal Ombudsman position

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016

Page 14 of 15

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DRAFT

6. Review results of Investigative Case # 16-61 and determine next steps

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

7. Approve Cooperative Governance Agreement between Oneida Nation and Town of

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Oneida – contract # 2016-1357

Sponsor: Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

XIII. ADJOURN

Motion by Jennifer Webster to adjourn at 11:59 a.m.; and to defer the remaining agenda items to the

December 28, 2016, regular Business Committee meeting, with item “VIII.A. Review concern # 2016-CC21 regarding Tsyunhehkwa operations” to be addressed first on that agenda, seconded by Melinda J.

Danforth. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Tehassi Hill, Trish King, Jennifer Webster

Not Present:

Fawn Billie, David Jordan, Brandon Stevens, Lisa Summers

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Regular Meeting Minutes - DRAFT of December 14, 2016

Page 15 of 15

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Page 34 of 492

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

12 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Minutes

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Accept as Information only

Action - please describe:

Approve December 16, 2016, special meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. December 16, 2016, special meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Heather Heuer, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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DRAFT

Oneida Business Committee

Special Meeting

9:00 a.m. Friday, December 16, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes – DRAFT

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EXECUTIVE SESSION

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

Tehassi Hill, David Jordan, Jennifer Webster;

Not Present: Secretary Lisa Summers;

Arrived at: Chairwoman Tina Danforth at 9:05 a.m., Councilman Brandon Stevens at 9:10 a.m.;

Others present: Jo Anne House, Larry Barton, Loucinda Conway, Jennifer Anderson, Tamara

Vanschyndel, Louise Cornelius, Chad Fuss, Corey Topp, Keith Stoneburner, Ron Kirsch, Heather Heuer;

I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 9:02 a.m.

For the record:

Secretary Lisa Summers is out of the office on personal time.

II. OPENING

III. ADOPT THE AGENDA

Motion by Tehassi Hill to adopt the agenda as presented, seconded by Fawn Billie. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Jennifer Webster

Not Present:

Tina Danforth, Brandon Stevens, Lisa Summers

IV. EXECUTIVE SESSION

Motion by David Jordan to go into executive session at 9:02 a.m., seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Jennifer Webster

Not Present:

Tina Danforth, Brandon Stevens, Lisa Summers

Chairwoman Tina Danforth arrives at 9:05 a.m. and assumes responsibility of the Chair.

Councilman Brandon Stevens arrives at 9:10 a.m.

Motion by David Jordan to come out of executive session at 9:48 a.m., seconded by Trish King. Motion

carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,

Brandon Stevens, Jennifer Webster

Not Present:

Lisa Summers

Oneida Business Committee Special Meeting Minutes DRAFT of December 16, 2016

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DRAFT

A. Audit Committee

Chair:

Tehassi Hill, Councilman

1. Approve RSM, US LLP presentation materials for January 16, 2017, Annual General

Tribal Council Meeting

Motion by David Jordan to approve the RSM, US LLP presentation materials for the January 16, 2017,

Annual General Tribal Council Meeting, seconded by Trish King. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,

Brandon Stevens, Jennifer Webster

Not Present:

Lisa Summers

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2. Approve 2016 Year-End audited financial statements presented by RSM, US LLP

auditors

Motion by Melinda J. Danforth to approve the 2016 Year-End audited financial statements presented by

RSM, US LLP auditors, seconded by David Jordan. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,

Brandon Stevens, Jennifer Webster

Not Present:

Lisa Summers

V. ADJOURN

Motion by David Jordan to adjourn at 9:49 a.m., seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,

Brandon Stevens, Jennifer Webster

Not Present:

Lisa Summers

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Special Meeting Minutes DRAFT of December 16, 2016

Page 2 of 2

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Page 37 of 492

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

12 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

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Accept as Information only

Action - please describe:

Adopt resolution entitled Oneida Business Committee Regular Meeting Schedule

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statment of Effect

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Lisa Liggins, Executive Assistant II

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

***BACKGROUND***

During the October 12, 2016, regular Oneida Business Committee (OBC) meeting, the OBC approved the 2017

OBC Standing Meeting Schedule with a revised start time for open and executives sessions to begin at 8:30 a.m.

instead of 9:00 a.m. OBC Resolution 11-23-16-C was adopted to reflect this new start time.

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At the December 20, 2016, BC work meeting, the BC agreed to add an additional meeting to their Regular

Meeting Schedule. This new, regular meeting is to be held on a quarterly basis in the months of January, April,

July and October. The purpose of this new, regular meeting is to address quarterly reports from the Nation's

Boards, Committees, and Commissions, from the Nation's Corporate Boards, and from the Standing Committees

of the OBC.

Attached is a resolution that establishes the new, regular meeting and would supersede all prior motion,

practices, or resolutions, in particular OBC Resolutions 12-10-08-A, 06-23-10-E and 11-23-16-C, regarding the

subject of regular meetings of the Oneida Business Committee.

***REQUESTED ACTION***

Adopt resolution entitled Oneida Business Committee Regular Meeting Schedule.

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

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

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

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________________

Oneida Business Committee Regular Meeting Schedule

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the

Business Committee may be established by resolution of the Business Committee,”; and

WHEREAS,

with the passage of BC Resolution 7-7-87-A, the Business Committee established a

regular meeting schedule to meet of each Tuesday, at 1:30 p.m., and each Friday, at

9:00 a.m.; and

WHEREAS,

with the passage of BC Resolution 3-25-88-B, the Business Committee modified the

regular meeting schedule to meet each Friday, at 9:00 a.m., and held informational

meetings the first Monday each month, at 7:00 p.m.; and

WHEREAS,

with the passage of BC Resolution 4-26-91-A, the Business Committee modified the

regular meeting schedule to meet each week on Wednesday, at 9:00 a.m.; and

WHEREAS,

with the passage of BC Resolution 2-11-04-A, the Business Committee modified the

regular meeting schedule to meet every other week on Wednesday, at 9:00 a.m.; and

WHEREAS,

with the passage of BC Resolution 12-10-08-A, the Business Committee modified the

regular meeting schedule to meet every second and fourth Wednesday each month, at

9:00 a.m.; and

WHEREAS,

with the passage of BC Resolution 06-23-10-E, the Business Committee modified the

regular meeting schedule to include executive discussion meetings every second and

fourth Tuesday of the month, at 9:00 a.m.; and

WHEREAS,

with the passage of BC Resolution 11-23-16-C, the Business Committee modified the

regular meeting schedule to meet every second and fourth Tuesday of the month at 8:30

a.m. for executive discussion meetings, and to meeting every second and fourth

Wednesday of the month at 8:30 a.m. for regular meetings; and

WHEREAS,

the Business Committee has determined an additional regular meeting is required on a

quarterly basis for the purpose of addressing quarterly reports from Boards, Committees

and Commissions, Corporate Boards, and Standing Committees of the Business

Committee; and

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BC Resolution # _______________

Oneida Business Committee Regular Meeting Schedule

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WHEREAS,

the Business Committee has determined this change would better serve the membership

of the Oneida Nation and the Business Committee.

NOW THEREFORE BE IT FURTHER RESOLVED, executive discussion meetings of the Oneida

Business Committee shall be held every second and fourth Tuesday each month, at 8:30 a.m. starting on

January 10, 2017;

BE IT FURTHER RESOLVED, regular meetings of the Oneida Business Committee shall be held every

second and fourth Wednesday each month, at 8:30 a.m., starting on January 11, 2017;

BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports, regular meetings of the

Oneida Business Committee shall be held the fourth Thursday of January, April, July, and October, at

8:00 a.m., starting on January 26, 2017;

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BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices or resolutions, in

particular BC Resolutions 12-10-08-A, 06-23-10-E, and 11-23-16-C, regarding the subject of regular

meetings of the Oneida Business Committee.

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Page 41 of 492

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Oneida Business Committee Regular Meeting Schedule

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Summary

This Resolution would require that the Oneida Business Committee hold an additional regular

meeting on a quarterly basis for the purpose of addressing quarterly reports from Boards,

Committees and Commissions, Corporate Boards, and Standing Committees of the Business

Committee. This Resolution also requires that the Oneida Business Committee hold executive

discussion meetings every second and fourth Tuesday each month, at 8:30 a.m., starting on

January 10, 2017, and that the regular meetings of the Oneida Business Committee be held every

second and fourth Wednesday each month, at 8:30 a.m., starting January 11, 2017.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Analysis by the Legislative Reference Office

Article III, Section 3 of the Constitution of the Oneida Nation states, Aregular meetings of the

Business Committee may be established by resolution of the Business Committee.@ Currently,

the Business Committee holds executive discussion meetings every second and fourth Tuesday

each month, at 9:00 a.m. (BC-06-23-10-E); and regular meetings every second and fourth

Wednesday each month, at 9:00 a.m. (BC-12-10-08-A). With the passage of Oneida Business

Committee Resolution 11-23-16-C, the Oneida Business Committee modified the regular

meeting schedule to meet every second and fourth Tuesday of the month at 8:30 a.m. for

executive discussion meetings beginning January 10, 2017, and to meet every second and fourth

Wednesday of the month at 8:30 a.m. for regular meetings beginning January 11, 2017.

This Resolution specifies that the Oneida Business Committee shall hold an additional regular

meeting on a quarterly basis for the purpose of addressing quarterly reports from Boards,

Committees and Commissions, Corporate Boards, and Standing Committees of the Business

Committee. This additional regular meeting shall be held the fourth Thursday of January, April,

July, and October at 8:00 a.m. starting on January 26, 2017.

This Resolution also reiterates that executive discussion meetings of the Oneida Business

Committee shall be held every second and fourth Tuesday each month, at 8:30 a.m. starting on

January 10, 2017, and that the regular meetings of the Oneida Business Committee shall be held

every second and fourth Wednesday each month, at 8:30 a.m., starting on January 11, 2017.

The Oneida Business Committee has determined that this change in the regular meeting schedule

would better serve the membership of the Oneida Nation and the Oneida Business Committee.

Lastly, the Resolution specifies that it shall supersede all prior motions, practices or resolutions,

in particular BC Resolutions 12-10-08-A, 06-23-10-E, and 11-23-16-C, regarding the subject of

regular meetings of the Oneida Business Committee.

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Conclusion

Adoption of this Resolution would not conflict with any of the Nation’s laws.

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ONEIDA

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Page 43 of 492

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

12 / 28 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

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Accept as Information only

Action - please describe:

Approve Resolution: Community Support Amendments

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Memo

3. Legislative Analysis, Draft (Redline & Clean)

2. Statement of Effect

4. Fiscal Impact Statement

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, Council Member

Primary Requestor:

Jennifer Falck, Director, Legislative Reference Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Candice Skenandore, Legislative Analyst, Legislative Reference Office

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Nation

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida.n sn.gov

--

TO:

FROM:

DATE:

RE:

7

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Oneida Business Committee

Legislative Operating Committee

r--·

Oneida Business Committee C::: - ~__.>

Brandon Stevens, LOC Chairperson

December 28, 2016

Community Support Fund Law Amendments

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

Community Support Fund Law Amendments:

1.

2.

3.

4.

5.

6.

Resolution: Community Support Fund Law Amendments

Statement of Effect: Community Support Fund Law Amendments

Community Support Fund Law Amendments Legislative Analysis

Community Support Fund Law (Red line)

Community Support Fund Law (Clean)

Community Support Fund Law Amendments Fiscal Impact Statement

Overview

This Resolution adopts amendments to the current Community Support Fund Policy. The

amendments:

• Clarifying that the Fund is a fund of last resort.

• Requiring applicants to submit additional documentation when requesting assistance from

the Fund.

• Removing provisions related to cost-sharing.

• Delegating administrative rulemaking authority to the Social Services Area (or designee), to

promulgate additional rules governing the administration of the Community Support Fund.

• Revising the listed categories of things that funding can and cannot be provided for.

• Adding tirnelines and additional details to the appeal process .

• Requiring case managers to provide a written follow-up for all contact with an applicant.

In accordance with the Legislative Procedures Act, the first public meeting on the proposed law

was held on October 29, 2015. On November 18, 2015, the LOC reviewed all comments

received during the public comment period; and any changes made based on those comments

have been incorporated into this draft. A second public meeting on the proposed law was held on

November 3, 2016. On December 7, 2016, the LOC reviewed all comments received during the

public comment period; and any changes made based on those comments have been incorporated

into this draft.

Requested Action

Approve the Resolution: Community Suppmt Fund Law Amendments.

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BC Resolution __________

Adoption of Community Support Fund 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 Nation Constitution by the Oneida General Tribal Council; and

WHEREAS, the Oneida Business Committee originally adopted the Community Support Fund

Policy (Policy) on May 15, 1996, and made amendments on January 8, 1997 and

December 11, 2013; and

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WHEREAS, these amendments re-title the Fund as a law instead of a policy; and

WHEREAS, these amendments clarify that the Fund is a fund of last resort; and

WHEREAS, these amendments eliminate the cost sharing provisions; and

WHEREAS, these amendments require operators of the Fund to create rules to manage the Fund

including the list of categories the fund covers and funding caps; and

WHEREAS, these amendments revise the items specifically covered and not covered by the Fund;

and

WHEREAS, these amendments add timelines for decisions regarding Fund applications and

strengthen the appeal process with additional timelines; and

WHEREAS, public meetings were held for these amendments on October 29, 2015 and November 3,

2016, in accordance with the Legislative Procedures Act; and

NOW THEREFORE BE IT RESOLVED, that the fund operator shall create rules in accordance

with these amendments and shall have the final rule(s) prepared within 120 calendar days; and

NOW THEREFORE BE IT FURTHER RESOLVED, that the attached amendments to the

Community Support Fund are hereby adopted and shall become effective in 120 calendar days.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115‐0365

Oneida‐nsn.gov

Statement of Effect

Adoption of Community Support Fund Amendments

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Summary

This Resolution adopts amendments to the Community Support Fund which re-title the policy as

a law, clarify various sections of the law, grant the Fund operator rulemaking authority and add

additional items to the “items covered by the fund” and “items not covered by the fund” sections.

By: Krystal L. John, Staff Attorney

Analysis

This resolution adopts amendments to the Community Support Fund which was adopted by

resolution BC-05-15-96-A and thereafter amended by resolutions BC-01-08-97-G and BC-1211-13-D.

These amendments were initially pursued to clarify the provisions related to cost sharing.

Additional revisions were also incorporated into these amendments based on requests from the

fund operators and community members. These amendments clarify that the fund is a fund of

last resort; eliminate cost sharing; grant the fund operators rulemaking authority; reassess the

items specifically covered and not covered by the fund; and provide timelines for the appeal

process.

Public meetings were held on October 29, 2015 and November 3, 2016 in accordance with the

Legislative Procedures Act.

Conclusion

Adoption of these amendments does not conflict with the Nation’s laws.

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PO Box 365 • Oneida, WI 54155‐0365

oneida‐nsn.gov

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Draft #11 (For OBC Consideration)

December 14, 2016

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Community Support Fund Amendments

Analysis by the Legislative Reference Office

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Community Support Fund Law (currently a policy)

Doug McIntyre, Jo Anne

David P. Jordan Drafter

Analyst Tani Thurner

House, Krystal John

This item was brought forward by LOC Chair Brandon Stevens, to clarify an

inconsistency between the Policy and the adopting resolution. Additional changes are

also made to update/streamline the draft, including re-titling it as a law.

The Law identifies requirements for how funds may be disbursed to Oneida members

who are facing emergency situations.

Governmental Services Division Director, Social Services Area (or designee)

administers the Fund.

There are various laws/policies which identify how Tribal funds would be disbursed;

however nothing is directly related.

Eligibility requirements; case manager decisions appealable to program director, then

to area manager, then to the Judiciary – Court of Appeals.

A public meeting was held on October 29, 2015, and any comments received during

the public comment period have been reviewed and considered by the LOC.

Overview

In December 2013, amendments were adopted to the Community Support Fund Policy.

The adopting Resolution (OBC #12-11-13-D) said that the amendments specifically stated that

persons who receive assistance from the Community Support Fund (the Fund) do not have to

cost share if they are at or below Federal Poverty Guidelines. However, the policy, as amended,

did not state this.

In order to reconcile that resolution with the Policy, the Legislative Operating Committee

added this item to the Active Files List with the intent of amending the Policy to clarify that

applicants do not have to cost share if they are at or below federal poverty guidelines.

However, instead of adding a provision which exempts applicants from cost-sharing if they

are at or below federal poverty guidelines, other changes were made instead, based on requests

from the fund administrators, and input from the community. The policy is also re-titled as a law,

as part of a broader change to re-title existing Oneida policies into laws; since they are

recognized as having the same legal effect. This new Law would become chapter 125 of the

Oneida Code of Laws.

Cost Sharing

Instead of adding that persons are not required to cost share if they are at or below

Federal Poverty Guidelines; the amendments remove nearly every provision related to cost

sharing. [Current policy, 3-1(f), 4-4(a), 5-1(b), 6-3]. Only one possibly related provision remains

– the Law still says that security deposits must be paid back to the fund before the applicant may

receive another security deposit in the future. However, even in this provision, there is no

exception for applicants who are at or under Federal Poverty Guidelines. [125.6-2(b)]

Other Changes

Rulemaking

• A definition for “Rule” is added – it means a set of requirements enacted in accordance with

the Administrative Rulemaking law. [125.3-1(n)]

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The Social Services Area is responsible for the operation of the Fund but is now authorized to

designate the operation of the fund to a department within its control. The Fund operator

must now promulgate rules for administering the fund, instead of SOPs.

o The rules are now required to include the list of categories the fund covers (which is

set out in section 125.6-1) and to set caps (per event/household/person, depending on

the category).

o Rules may also include additional things not listed in the Law which the Fund will

cover, as long as the rule does not conflict with this Law. [125.4-1]

When determining the level of assistance that may be provided to an applicant, case

managers must now consider the Fund’s “appropriate promulgated rules.” [125.5-1(d)]

The Fund Operator is now required to establish, by Rule:

o A “timeline for which an initial decision is required following the submission of a

complete application”, which must include available extensions for when an applicant

is waiting for another support/assistance resource to make a determination of an

award/coverage. [125.9-1]

o A definition for “essential appliances”. [125.6-1(m)]

Currently, the Policy prohibits applicants from reapplying for the same catastrophic event,

illness, injury or emergency event more than twice. Under the amendments, applicants are

instead prohibited from reapplying for the same reason more than the limit stated within the

Law or the Fund’s rules. [125.8-4(e)] There are three limits specifically identified in the Law,

so unless additional limits are set out in rules, only the following will apply:

o Inpatient treatment – a new limit is added: once per lifetime. [125.6-1(h)]

o Security deposits – still limited one request per household, but new language adds

that multiple, consecutive requests can be made. [125.6-2(c)]

o Assistance with paying utilities – currently, assistance can only be requested once

every three years; the amendments reduce it to once every two years. [125.6-3]

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Fund Coverage/Application

Various changes were made to the lists of things that are specifically covered, or

specifically not covered, by the Fund:

New Items specifically covered [125.6-1]

 Inpatient Treatment

 Fire recovery/natural disaster assistance

 Home renovations for handicap

accessibility

 Family Medical Leave Act wage

replacement

 Rent and utility assistance during the

waiting period for Social Security

Disability Determination.

 Appliance repair for essential appliances

as defined in the rules which the Fund

operator shall develop.

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New Items specifically

NOT covered [125.7-1]

 Homeless lodging

assistance

 Health membership

fees

 Food/personal care

items

 Stabilization rent

assistance

 Department of

Corrections re-entry

assistance

Changes to items already

covered by the Fund [125.6-1]

 Instead of covering all health

insurance payments, the Fund

only covers COBRA

Insurance Payments.”

 The Fund may cover the

purchase of medical-related

equipment, supplies, or

furniture, instead of just the

rental of medical equipment.

 Instead of generally covering

“shelter and utilities where no

other resources exist”, the

Law instead states that

“utility disconnections” are

covered.

Other Changes

New language requires appeals of case manager’s decisions to be in writing, and timelines

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for appeals are added. The Case Manager’s initial decision is now appealed to the Program

Director, instead of to the Case Manager’s supervisor. In addition to requiring the Fund

Operator to establish, by rule, a timeline for issuing an initial decision after an application is

submitted, the Law adds that:

o The Case Manager’s initial decision must be appealed to the Program Director within 10

business days after the applicant receives notice of that decision.

o The Program Director must notify the applicant of their decision within 10 business days.

o The Program Director’s decision must be appealed to the Area Manager within 10

business days after the applicant receives notice of that decision.

o The Area Manager must notify the applicant of their decision within 10 business days.

o Instead of stating that the Area Manager’s decision may be appealed as a final decision to

the Judiciary; the law states that the Area Manager’s decision may be directly appealed to

the Oneida Court of Appeals in accordance with the Rules of Appellate Procedure.

[125.9]

For applicants seeking assistance with travel expenses to attend a funeral for an immediate

family member: assistance must still be provided as reimbursement after the travel; but a new

exception is added – if the Fund operators establish a rule which allows for direct payment to

the Travel provider from the Fund operator, then those types of payments may be able to be

made in advance. However applicants can still only be reimbursed for mileage. [125.6-4]

Applicants are now all required to provide additional supporting documentation, showing

Tribal enrollment, and all household income for the 30 business days (i.e. roughly 6 weeks)

immediately before applying. [125.8-2(c) and (d)]

Funds can now benefit Tribal members only and can no longer be provided:

o For minors who are eligible for enrollment but not enrolled [125.4-2], or

o In situations where a non-Tribal member is applying on behalf of a Tribal member,

unless the funds would benefit the Tribal member only. [125.4-2] (This appears to

mean that funds could not be provided for things such as rent, utility bill assistance,

etc.; if non-Tribal members lived in the same household as the Tribal member.

However, this provision does not appear to prohibit funds being provided when a

Tribal member directly requests the funds, but the funds would benefit others,

including others who are not Tribal members.)

The Governmental Services Division Director must report quarterly to the OBC, instead of

semi-annually. [125.4-1(b)]

Currently, the only non-Oneida persons who may apply for assistance on behalf of an Oneida

member are the member’s parents and legal guardians. The amendments also allow non-Tribal

persons with “legal responsibility” for a Tribal member to apply. [125.4-2(c)]

Fund operators can limit (instead of just denying) benefits to applicants who have elected not

to be covered by employer benefits such as disability or health insurance. [125.4-6]

Applicants must now identify a preferred method of contact, which will be the primary

method used to contact that person. Case Managers are now required to follow up on every

contact with written correspondence. [125.8-1(b)]

The definition of “applicant” is changed to clarify that it means the subject of an application,

not a person applying on behalf of another person. [125.3-1(a)]

The Law lists different examples of a catastrophic illness/injury that would involve continuing

treatment due to a chronic serious health condition. [125.3-1(e)(2)]

Currently, the Fund may be used for a “catastrophic event, illness, or injury.” The amendments

add that assistance also covers an “emergency event.” [125.1 and 125.3-1(f)]

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A definition for “Reservation” is deleted as the term is not used in the law. Definitions for

“severity” and “verification” are deleted as the terms are used in their ordinary and every day

sense and do not require a definition. [Current policy, 3-1(n, o and r)]

Other

To reflect the 2015 Constitutional amendments, several references to the “Tribe” are

replaced with references to the “Nation,” and a definition for “Nation” is added. [125.3-1(m)]

Various other minor revisions were made to improve the language and organization of the

document, and to ensure this document complies with standard drafting and formatting practices.

These changes do not affect the content of the law.

Considerations

The Law now states that funds cannot be provided in situations where a non-Tribal

member is applying for assistance on behalf of a Tribal member, unless the funds would benefit

the Tribal member only. [125.4-2]. This appears to mean that funds could not be provided for

things such as rent, utility bill assistance, etc.; if non-Tribal members lived in the same

household as the Tribal member, because they would also benefit from the funds. However, this

would not prohibit funds being provided when a Tribal member directly requests the funds,

where the funds would benefit others, including others who are not Tribal members.) This is a

policy call.

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Community Support Fund Policy

Title 1. Government and Finances – Chapter 125

COMMUNITY SUPPORT FUND

Kaya>takenh@sla tsi> niyukwana=t@y<

It is helpful where our community lays

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125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Appeal

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125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125.5. Priorities for Consideration

Article I.

125.1.

Purpose and Policy

125.1.-1. Purpose. The purpose of this Policylaw is to assist the greatest number of Tribal

members of the Oneida Tribe of Indians of WisconsinNation who apply for assistance to the

Community Support Services Fund in times of a catastrophic event, illness or, injury or

emergency event when no other resources for assistance exist.

125.1.-2. Policy. It is the policy of the Oneida Tribe of Indians of WisconsinNation to assist

their people in a time of need after a catastrophic event, illness or, injury or emergency event,

when there is no other assistance available or all other assistance has been exhausted.

Article II. 125.2.

Adoption, Amendment, Repeal

125.2-1. This Policy islaw was adopted by the Oneida Business Committee by resolution # BC5-15-96-A, and amended by resolution #resolutions BC-01-08-97-G, and amended by resolution

#BC-12-1-13-D and BC-___________.

125.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee

and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative

Procedures Act.

125.2-3. Should a provision of this Policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this

Policylaw which are considered to have legal force without the invalid portion(s).portions.

125.2-4. In the event of a conflict between a provision of this Policylaw and a provision of

another policylaw, the provisions of this Policylaw shall control.

125.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

Article III. 125.3.

Definitions

125.3.-1. This articlesection shall govern the definitions of words and phrases used within this

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

sense.

(a)

“Applicant” shall meanmeans the person applyingsubject of the application for

assistance for themselves or on behalf of another person who is otherwise unable to do so

due to age or incapacity..

(b)

“Business Days” shall meandays” means Monday through Friday 8:00 a.m. to

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4:30 p.m., except for recognizedexcluding Nation holidays as listed on the official

calendar of the Tribe..

(c)

“Case Manager” shall mean themanager” means an employee of the Social

Services Area responsible for administering Community Support Services Fund benefits

according to the established guidelines set forth below.

(d)

“Catastrophic event” shall meanmeans a natural or man-made incident, which

results in substantial damage or loss requiring major financial resources to repair or

recover (i.e. house fire, tornado, flood, or other disaster).

(e)

“Catastrophic illness or injury” shall meanmeans a serious debilitating illness,

injury, impairment, or physical or mental condition that involves:

(1) in In-patient care; or

(2) a A period of continuing treatment due to a chronic serious health condition

(asthma, diabetes, epilepsysuch as chemotherapy/radiation, dialysis, daily/weekly

therapy resulting from trauma, etc.); or

(3) a A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective (stroke, terminal disease, etc.); or

(4) receipt of multiple Multiple treatments either for restorative surgery after an

accident or other injury, or for a chronic condition. (i.e. cancer or kidney disease)

).

(f) “Cost share” shall mean the request to have the applicant agree to contribute to the

cost of the assistance given.

(g)

“Emergency” shall mean event” means a situation that poses an immediate risk to

health, life, safety, property or environment. Emergencies require urgent intervention to

prevent further illness, injury, death, or other worsening of the situation.

(h) g) “Emergency medical travel” shall meanmeans an unexpected serious health

situation or occurrence, requiring the immediate presence of immediate family. (i.e., end

of life situation, life support, etc.)

(i) h) “Fund” shall meanmeans the Community Support Services Fund.

(j) i) “Immediate family” shall meanmeans that group of persons who make up a

family unit normally defined as husband, wife, children, sister, brother, in-laws, step

family, grandparents and grandchildren, and/or a person who has legal responsibility for a

member of their immediate familythe applicant.

(k) j) “Legal guardian” shall meanmeans a person who has the legal authority to care

for the personal and property interests of another person granted through Court order.

(l) k) “Legal Responsibility” shall meanresponsibility” means specific duties imposed

upon a person to care or provide for another including liability for personal obligations as

granted through a Power of Attorney or Court order.

(m) l) “Major medical surgery” shall meanmeans a surgical procedure that carries a

degree of risk to the patient’s life, or the potential for severe disability if something goes

wrong during surgery. It is a surgical procedure that usually requires a patient to be put

under general anesthesia and given respiratory assistance because he or she cannot

breathe independently.

(n) “Reservation” shall mean all the lands and waters within the exterior boundaries of

the Reservation of the Oneida Tribe of Indians of Wisconsin, as created pursuant to the

1838 Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal

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law.

(m) “Nation” means the Oneida Nation.

(n) “Rule” means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(o) “Severity” shall mean the verified rate or level of need.

(p) “Shelter” shall mean mortgage payments or rent payments.

(q)

“Tribal or Tribe” shall mean” means the Oneida Tribe of Indians of

WisconsinNation.

(r) “Verification” shall mean the evidence or proof that confirms the accuracy or truth of

the alleged catastrophic event, illness or injury and of Tribal membership (i.e., estimates,

photographs, doctor statements/report, check stubs, tribal identification card/letter, etc.).

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Article IV. Social Service

Responsibilities;, Eligibility and Qualifications

125.4.

125.4-1. The Social Services Area of the Governmental Services Division shall create and

administer be responsible for operation of the Fund, but may designate the operation of the Fund

to a department within its control.

(a)

The Social Services Area shall create standard operating proceduresoperators of

the Fund shall promulgate rules, for the administration of the Fund. that are consistent

with this law. The standard operating procedures rules:

(1) shall include the list of categories the Fund covers and a cap that setsets the

amount of assistance per event/ per household, except for funeral expenses which

shall be set per event/ per person.

(2) may include additional items not listed in section 125.6, as long as the rule

does not conflict with this law.

(b) The Governmental Services Division Director shall report semi-annuallyquarterly to

the Oneida Business Committee. The report shall include, but is not limited to, the

amount of Fundsfunds paid out under each category.

(c)

The Social Services areaArea or designee shall ensure that the TribalNation’s

membership is informed of what assistance is available through the Fund, how to apply

for assistance, and specify who is eligible for assistance.

125.4-2. Eligibility for assistance provided under the Fund is reserved for Tribalenrolled

members. of the Nation. Applications may be made by a non-Tribal parent or legal guardian on

member on the behalf of a Tribalan enrolled member, or minor eligible for enrollment of the

Nation, provided Fundsthe requested funds will benefit the Tribal member or child ofmember

only and the non-member has one (1) of the following relationships to the applicant.:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

(c) Has legal responsibility for the applicant.

125.4-3. Residency within the Statestate of Wisconsin is not a prerequisite for assistance,

except for requests for a security deposit in Section accordance with section 125.6-2.

125.4-4.

The Fund is a fund of last resort and provides assistance when there is no other

financial assistance available.

(a) Applicants will be asked to contribute a percentage of the or all other assistance being

requested.

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(b) has been exhausted. Applicants shall first seek out other resources that can meet the needs of

their request. Proof of requesting assistance from other sources shall be provided with the

application.

125.4-5. The following types of catastrophic events, illnesses or injuries qualify an applicant for

assistance:

(a)

Terminally ill;

(b)

Physically challenged or incapacitated;

(c)

Major medical surgery;

(d)

Life threatening (i.e. Cancercancer, AIDS, Strokestroke, disabling injuries due to

motor vehicle accident, etc.).);

(e)

Natural disaster (i.e. Tornadotornado, fire, flood, etc.).); and

(f) Death in immediate family as identified in section 125.6-1(n).

4-6. A Case Manager reserves the right to deny125.4-6.

Assistance may be denied or limited

for applicants who have elected not to be covered by employer benefits such as disability or

health insurance.

125.4-7. All Except as otherwise provided in section 125.6-4, all payments shall be provided

directly to the service provider. However, funeral travel shall be reimbursed to the applicant.

125.4-8. Assistance available under the Fund is subject to change according to fiscal year

funding levels.

125.4-9. Tribal Programs

Oneida programs and Enterprisesenterprises are not eligible for

these funds.

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Article V. 125.5.

Priorities for Consideration

125.5-1. The Case Managerscase manager shall determine the level of assistance to be provided

based on:

(a)

Severity of event, illness or, injury or emergency event;

(b) Ability of applicant to cost share

(c)

Cost (usual and customary fees));

(d) c) Amount of time elapsed since catastrophic event, illness or, injury or emergency

event occurred; and

(d) The Fund’s appropriate promulgated rules.

125.5-2. The Case Managercase manager shall assess each individual case, prioritize and assist

with immediate needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel ; and

(c) Other needs.

Article VI. 125.6. Items Covered by the Fund

125.6-1. Requests for assistance from the Fund mustshall be tied to or be a result of a

catastrophic event, illness or, injury. or emergency event. Upon verification of a catastrophic

event, illness or, injury or emergency event, the Fund may be used for the following:

(a) Health insurance, including COBRA Insurance Payments;

(b) Prescriptions not available through an IHS ClinicIndian Health Services clinic;

(c) Medical transportation/emergency medical travel (including vehicle repairs);

(d) Rental of medicalMedical-related equipment, supplies, or furniture;

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(e) Medical bills (dental, optical, hospital) not covered by insurance;

(f) Shelter and utilitiesMortgage payments and rent payments (including security

deposits), where no other resources exist (including security deposits)in accordance with

section 125.6-2;

6-2. Requests(g) Utility disconnections in accordance with section 125.6-3;

(h) Inpatient Treatment (with a limit of once per lifetime);

(i) Fire recovery/natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(l) Waiting period for a Social Security Disability Determination rent and utility

assistance;

(m) Appliance repair for essential appliances as defined in the rules which the Fund

operator shall develop; and/or

(n) Travel expenses to arrange or attend a funeral for immediate family members outside

the state where an applicant resides, in accordance with section 125.6-4.

125.6-2. Security deposit. The Fund shall only provide assistance for a security deposit shall

bewhen it is tied to or be a result of, a catastrophic event, illness or injury and areor emergency

event, on an emergency basis which shall include, but is not limited to, pending eviction and

homelessness. Security deposit assistance is limited to Tribal members who are Wisconsin

residents only.

(a) The Tribal memberapplicant shall demonstrate the ability to fulfill the terms of the

rental lease. The operators of the Fund doesshall not co-sign any lease.

(b) Security deposits are non-transferable and the amount paid for a security deposit shall

be paid back to the Fund Program before another security deposit is issued at any time in

the future.

(c) Only one (1) request per household willshall be considered; multiple consecutive

requests may be made.

(d) Security deposits shall be issued on an emergency basis which shall include, but is

not limited to, pending eviction and homelessness.

125.6-3. Requests for assistance

Utilities. Assistance for the payment of utilities shall only

be allowed once every three (3two (2) years by the person listed as responsible to pay with the

utility company. Those who

125.6-4.

Funeral expenses. An applicant may receive assistance in paying their utilities

shall cost share those expenses by paying back fifty percent (50%) of the funds received within

four (4) months. If those funds are not reimbursed to the fund by the required date, the

Community Support Program may garnish the individual’s per capita payments.

6-4. Travelwith travel expenses, up to a maximum amount of five hundred dollars ($500), to

arrange or attend a funeral for immediate family members outside the State ofstate where an

applicant resides shall be paid by the the applicant first, and resides. Unless the rules allow for

direct payment to the travel provider by the Fund shall reimburse those applicants for Operator,

such assistance is required to be in the form of reimbursement, provided that mileage or airfare

expenses up to a maximum amount of five hundred dollars ($500).assistance shall always be in

the form of reimbursement.

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Article VII125.7.

Items not coveredCovered by the Fund

125.7-1. The Fund doesshall not be used to cover payments that are not for a catastrophic event,

illness or, injury or emergency event as defined above. The following is a list of items not

covered by the Fund; however, this is not an exhaustive list:

(a)

Car payments;

(b)

Taxes;

(c)

Credit card or Chargecharge accounts;

(d)

Commercial loans;

(e)

Defaults/fines/bankruptcy charges;

(f) Expenses not tied to basic needs (Cablecable, internet, memberships, etc.).);

(g)

Legal fees/court costs/judgments;

(h) Homeless lodging assistance;

(i) Health membership fees;

(j) Food and personal care items;

(k) Stabilization rent assistance; and

(l) Department of Corrections re-entry assistance.

125.7-2. The Fund reserves the right to deny

Benefits may be denied or limit

benefitslimited if evidence is found regarding the applicant as to the following:

(a)

The catastrophic event, illness or, injury or emergency event is the result of a

violation of the law as proven by a citation or criminal conviction.;

(b)

The applicant or others in the household benefiting from assistance from the Fund

are non-compliant with the requirements of other tribalNation programs, policies or laws

(i.e. Zoning, etc.); and/or

(c)

The applicant or others in the household benefiting from assistance from the Fund

are non-compliant with the requirements of the Fund.

If the Fund chooses125.7-3. When a decision is made to approve, deny, or limit benefits under

this section, , the case manager shall provide an explanation of the decision shall be in writing

and provided to the applicant with a copy placed in the Fund’sapplicant’s file.

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Article VIII. 125.8. Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant mustshall

complete the full application process. All applicants shall cooperate with the Case Managercase

manager to assist the Case Managercase manager in comprehensively addressing the needs of the

applicant. (s). Every application shall contain a space for the applicant to identify a preferred

method of contact. This shall be the primary contact method. Case managers shall follow up

every contact with written correspondence, in order to make responses to the applicant in a

timely manner so as to meet the applicant’s needs.

125.8-2.

Supporting documentation shall beis required in all cases. The applicant is

responsible to provide all documentation requested by the Case Manager.

(a)case manager. No assistance shallmay be provided without sufficient documentation of the:

(a) The catastrophic event or, illness or, injury as requested by the Case Manager.or

emergency event;

(b) No assistance shall be provided without sufficient documentation(b) Proof that the

applicant sought assistance from other agencies with an explanation of benefits received

or refusal of assistance by the other agencies.;

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(c) Enrollment in the Nation;

(d) All household income the last thirty (30) business days immediately prior to the

submission of the application; and

(e) Status of employment which shall include the following as applicable:

(1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen’s compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a)

Medical reports;

(b)

Bills or statements;

(c)

Estimates ;

(d)

Letters;

(e)

Police or fire reports;

(f) Obituary or formal notice of death;

(g)

Check stubs;

(h)

Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

(j) Approval of assistance or denial of assistance letters from other agencies.

8-4. Verification of status of employment is required and includes the following documentation:

(a) Leave of absence paperwork

(b) Balance of personal and vacation time accumulation

(c) Disability insurance or workmen’s compensation coverage

(d) Check stubs

8-5. 125.8-4. Requests submitted without supporting documentation shall be kept on file for

thirty (30) business days.

(a) A The case manager shall request for additional information by a Case Manager

shall be madeprovided when an application contains insufficient information to make an

informed decision.

(b)

Applicants may deliver, scan, fax, mail, or e-mail additional requested

information.

(c)

Failure to submit the requested information within the thirty (30) business days

willshall result in closing the application file, with no further action taken in regard to

that application.

(d) Applicant Applicants shall be sent a notice that the file has been closed and reason(s)

for the file being closed.

(e)

After the file is closed, the applicant shall start the application process over again

in order to be considered for assistance from the Fund. However, no applicant may reapply for the same catastrophic event, illness or, injury or emergency event more than

twice.the limit stated within this law or the Fund’s rules.

8-6. Application125.8-5.

Applications for assistance shall be made within a reasonable time

period, not to exceed thirty (30) business days of a catastrophic event or illness or, injury or

emergency event. Applications made after thirty (30) business days shall not be considered.

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Article IX. 125.9.

Decision and Appeal

125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for

which an initial decision is required following the submission of a complete application. Such

timeline shall include available extensions for circumstances wherein the applicant has a

determination of award/coverage pending with another support/assistance resource.

125.9-2. Program Director Appeal. An appeal of the Case Manager’scase manager’s decision

shall be made to the Case Manager’s supervisor. If the supervisor upholds the decision, it may

then be appealed to the Area Manager requested in writing to the Program Director within ten

(10) business days after receipt of notice of the Social Services Division. Ifinitial decision.

Within ten (10) business days after receiving the decision is upheld byappeal, the Area

Manager,Program Director shall provide the applicant with notice of his or her decision may be

appealed as a finalon the matter.

125.9-3. Area Manager Appeal. An appeal of the Program Director’s decision to the shall be

requested in writing to the Area Manager within ten (10) business days after receipt of notice of

the Program Director’s decision. Within ten (10) business days after receiving the appeal, the

Area Manager shall provide the applicant with notice of his or her decision on the matter.

125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Area Manager to

the Oneida Court of Appeals in accordance with the Rules of Appellate Procedure.

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End.

Adopted - BC-5-15-96-A

Amended - BC-1-8-97-G

Amended - BC-12-11-13-D

Amended - BC-

1 O.C. 125 – Page 8

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Title 1. Government and Finances – Chapter 125

COMMUNITY SUPPORT FUND

Kaya>takenh@sla tsi> niyukwana=t@y<

It is helpful where our community lays

125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125.5. Priorities for Consideration

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125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Appeal

125.1.

Purpose and Policy

125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

Oneida Nation who apply for assistance to the Fund in times of a catastrophic event, illness,

injury or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the Oneida Nation to assist their people in a time of need

after a catastrophic event, illness, injury or emergency event, when there is no other assistance

available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-15-96-A

and amended by resolutions BC-01-08-97-G, BC-12-1-13-D and BC-___________.

125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

125.2-3. 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.

125.2-4. 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.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. 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) “Applicant” means the subject of the application for assistance.

(b) “Business days” means Monday through Friday 8:00 a.m. to 4:30 p.m., excluding

Nation holidays.

(c) “Case manager” means an employee responsible for administering Fund benefits.

(d) “Catastrophic event” means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover (i.e.

house fire, tornado, flood, or other disaster).

(e) “Catastrophic illness or injury” means a serious debilitating illness, injury,

impairment, or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition

(such as chemotherapy/radiation, dialysis, daily/weekly therapy resulting from

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trauma, etc.);

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective (stroke, terminal disease, etc.); or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition. (i.e. cancer or kidney disease).

(f) “Emergency event” means a situation that poses an immediate risk to health, life,

safety, property or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) “Emergency medical travel” means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family. (i.e., end of life

situation, life support, etc.)

(h) “Fund” means the Community Support Fund.

(i) “Immediate family” means that group of persons who make up a family unit normally

defined as husband, wife, children, sister, brother, in-laws, step family, grandparents and

grandchildren, and/or a person who has legal responsibility for the applicant.

(j) “Legal guardian” means a person who has the legal authority to care for the personal

and property interests of another person granted through Court order.

(k) “Legal responsibility” means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Court order.

(l) “Major medical surgery” means a surgical procedure that carries a degree of risk to

the patient’s life, or the potential for severe disability if something goes wrong during

surgery. It is a surgical procedure that usually requires a patient to be put under general

anesthesia and given respiratory assistance because he or she cannot breathe

independently.

(m) “Nation” means the Oneida Nation.

(n) “Rule” means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(o) “Tribal” means the Oneida Nation.

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Responsibilities, Eligibility and Qualifications

125.4.

125.4-1. The Social Services Area of the Governmental Services Division shall be responsible

for operation of the Fund, but may designate the operation of the Fund to a department within its

control.

(a) The operators of the Fund shall promulgate rules, for the administration of the Fund

that are consistent with this law. The rules:

(1) shall include the list of categories the Fund covers and a cap that sets the

amount of assistance per event/ per household, except for funeral expenses which

shall be set per event/per person.

(2) may include additional items not listed in section 125.6, as long as the rule

does not conflict with this law.

(b) The Governmental Services Division Director shall report quarterly to the Oneida

Business Committee. The report shall include, but is not limited to, the amount of funds

paid out under each category.

(c) The Social Services Area or designee shall ensure that the Nation’s membership is

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informed of what assistance is available through the Fund, how to apply for assistance,

and who is eligible for assistance.

125.4-2. Eligibility for assistance provided under the Fund is reserved for enrolled members of

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

the Nation, provided the requested funds will benefit the member only and the non-member has

one (1) of the following relationships to the applicant:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

(c) Has legal responsibility for the applicant.

125.4-3. Residency within the state of Wisconsin is not a prerequisite for assistance, except for

requests for a security deposit in accordance with section 125.6-2.

125.4-4. The Fund is a fund of last resort and provides assistance when there is no other

financial assistance available or all other assistance has been exhausted. Applicants shall first

seek out other resources that can meet the needs of their request. Proof of requesting assistance

from other sources shall be provided with the application.

125.4-5. The following types of catastrophic events, illnesses or injuries qualify an applicant for

assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

(c) Major medical surgery;

(d) Life threatening (i.e. cancer, AIDS, stroke, disabling injuries due to motor vehicle

accident, etc.);

(e)

Natural disaster (i.e. tornado, fire, flood, etc.); and

(f) Death in immediate family as identified in section 125.6-1(n).

125.4-6. Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125.4-7. Except as otherwise provided in section 125.6-4, all payments shall be provided

directly to the service provider.

125.4-8. Assistance available under the Fund is subject to change according to fiscal year

funding levels.

125.4-9. Oneida programs and enterprises are not eligible for these funds.

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125.5.

Priorities for Consideration

125.5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of event, illness, injury or emergency event;

(b) Cost (usual and customary fees);

(c) Amount of time elapsed since catastrophic event, illness, injury or emergency event

occurred; and

(d) The Fund’s appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize and assist with

immediate needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

(c) Other needs.

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125.6.

Items Covered by the Fund

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, illness, injury or emergency event. Upon verification of a catastrophic event, illness,

injury or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(c) Medical transportation/emergency medical travel including vehicle repairs;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills (dental, optical, hospital) not covered by insurance;

(f) Mortgage payments and rent payments (including security deposits), where no other

resources exist in accordance with section 125.6-2;

(g) Utility disconnections in accordance with section 125.6-3;

(h) Inpatient Treatment (with a limit of once per lifetime);

(i) Fire recovery/natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(l) Waiting period for a Social Security Disability Determination rent and utility

assistance;

(m) Appliance repair for essential appliances as defined in the rules which the Fund

operator shall develop; and/or

(n) Travel expenses to arrange or attend a funeral for immediate family members outside

the state where an applicant resides, in accordance with section 125.6-4.

125.6-2. Security deposit. The Fund shall only provide assistance for a security deposit when it

is tied to or a result of a catastrophic event, illness injury or emergency event, on an emergency

basis which shall include, but is not limited to, pending eviction and homelessness. Security

deposit assistance is limited to Tribal members who are Wisconsin residents only.

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

(b) Security deposits are non-transferable and the amount paid for a security deposit shall

be paid back to the Fund before another security deposit is issued at any time in the

future.

(c) Only one (1) request per household shall be considered; multiple consecutive

requests may be made.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company.

125.6-4. Funeral expenses. An applicant may receive assistance with travel expenses, up to a

maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate

family members outside the state where the applicant resides. Unless the rules allow for direct

payment to the travel provider by the Fund Operator, such assistance is required to be in the form

of reimbursement, provided that mileage assistance shall always be in the form of

reimbursement.

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125.7.

Items not Covered by the Fund

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

illness, injury or emergency event as defined above. The following is a list of items not covered

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by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(c) Credit card or charge accounts;

(d) Commercial loans;

(e) Defaults/fines/bankruptcy charges;

(f) Expenses not tied to basic needs (cable, internet, memberships, etc.);

(g) Legal fees/court costs/judgments;

(h) Homeless lodging assistance;

(i) Health membership fees;

(j) Food and personal care items;

(k) Stabilization rent assistance; and

(l) Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

(a) The catastrophic event, illness, injury or emergency event is the result of a violation

of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

(c) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant’s file.

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125.8.

Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the applicant in a timely manner so as to meet the

applicant’s needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

provide all documentation requested by the case manager. No assistance may be provided

without sufficient documentation of:

(a) The catastrophic event, illness, injury or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

(c) Enrollment in the Nation;

(d) All household income the last thirty (30) business days immediately prior to the

submission of the application; and

(e) Status of employment which shall include the follo

This text is long and has been trimmed here. Open the source document for the complete record.