Phone: (920)869-2214 (2017)
Tribal code
Ask Donna
What actually matters in this document.
Text
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials September 27, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 374 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 27th day of September, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Public Packet
Page 1 of 233
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, September 26, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, September 27, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
A. Special Recognition – Retirement of Christine Klimmek from Oneida Nation Arts Program
after 20+ years of service
Requestor: Beth Bashara, Director/Oneida Nation Arts Program
Sponsor: Jennifer Webster, Councilwoman
III. ADOPT THE AGENDA
IV. MINUTES
A. Approve September 13, 2017, regular meeting minutes
Sponsor: Lisa Summers, Secretary
V. RESOLUTIONS
A. Adopt resolution entitled Resolution Appointing Representative to the Wisconsin Inter
Tribal Repatriation Committee
Requestor: Corina Williams, Tribal Historic Preservation Officer/Cultural Heritage Dept.
Sponsor: George Skenandore, Division Director/Governmental Services
B. Adopt resolution entitled Setting the Strategic Plan for the 2017-2020 term of the Oneida
Business Committee
Sponsor: Lisa Summers, Secretary; Tracey Cordova, Organizational Development Specialist;
JoAnne House, Chief Counsel
C. Adopt resolution entitled Continuing Budget Resolution – Fiscal Year 2018 (Need SOE)
Sponsor: Trish King, Treasurer
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 1 of 7
Public Packet
Page 2 of 233
D. Adopt resolution entitled Oneida Business Committee Regular Meeting Schedule for
Quarterly Reports
Sponsor: Lisa Summers, Secretary
E. Adopt resolution entitled Extension of Effective Date of Amendments to Various Laws –
Environmental Resource Board Hearing Body Authority Transfer to Judiciary
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
F. Adopt resolution entitled Reinstating the Oneida Tribal Regulation of Domestic Animals
Ordinance on an Emergency Basis, and Delaying the Effective Date of the Domestic
Animals law
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
G. Adopt resolution entitled Professional Conduct for Attorneys and Advocates law
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee
H. Adopt resolution entitled Defining Comprehensive Housing Division: Landlord-Tenant law,
Eviction and Termination law, and the Mortgage and Foreclosure law
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
VI. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept September 6, 2017, Legislative Operating Committee meeting minutes
2. Accept 2014-2017 Legislative Operating Committee End of Term report
B. Finance Committee
Chair: Trish King, Treasurer
1. Approve September 18, 2017, Finance Committee meeting minutes
C. Quality of Life Committee
Chair: Brandon Stevens, Vice-Chairman
1. Accept July 31, 2017, Quality of Life Committee meeting minutes
VII. APPOINTMENTS
A. Approve recommendation to appoint Tina Moore to Oneida Personnel Commission
Sponsor: Tehassi Hill, Chairman
B. Approve recommendation to appoint Sandra Reveles to Oneida Police Commission
Sponsor: Trish King, Treasurer
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 2 of 7
Public Packet
Page 3 of 233
VIII. UNFINISHED BUSINESS
A. Approve three (3) actions regarding final close-out report – Cemetery Improvement Project
# 14-002 (This item is scheduled to begin at 11:00 a.m.)
Requestor: Paul Witek, Senior Tribal Architect/Engineering Dept.
Sponsor: Troy Parr, Assistant Division Director/Development
EXCERPT FROM JULY 12, 2017: (1) Motion by Lisa Summers to accept the quarterly report
regarding Work Plan for Cemetery Improvements Project # 14-002, seconded by Jennifer
Webster. Motion carried with one abstention. (2) Amendment to the main motion by Jennifer
Webster for a final close-out report, including financials, regarding the Cemetery Improvements
Project # 14-002 be submitted to the Oneida Business Committee in sixty (60) days, seconded by
Tehassi Hill. Motion carried unanimously.
IX. NEW BUSINESS
A. Approve limited waiver of sovereign immunity – Wisconsin State-Children and Families:
Tribal Agreement on Access to eWiSACWIS – file # 2017-1041
Requestors: Jennifer Berg-Hargrove, Director /Family Services; Trina Schuyler, Director/Child
Support
Sponsor: George Skenandore, Division Director/Governmental Services
B. Approve limited waiver of sovereign immunity – Gannett Publishing Services – file # 20170910
Requestor: Dawn Walschinski, Manager Editor/Kalihwisaks
Sponsor: Joanie Buckley, Division Director/Internal Services
C. Approve climate change survey – file # 2017-1151
Requestor: Jeffrey Mears, Area Management/Environmental Health & Safety
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
D. Approve Amendment VII – Brown County Recycling agreement
Requestor: Amy Spears, Environmental Specialist/Environmental Health & Safety
Sponsor: Patrick Pelky, Division Director/ Environmental Health & Safety
E. Post one (1) vacancy on Oneida Gaming Commission with a term end date of 8/31/22
Requestor: Kathleen Metoxen, Records Tech II/BC Support Office
Sponsor: Lisa Summers, Secretary
F. Approve 2018 Reporting Schedule for Oneida Business Committee Direct Reports
Requestor: Heather Heuer, Information Management Specialist/BC Support Office
Sponsor: Lisa Summers, Secretary
G. Approve 2018 Oneida Business Committee Standing Schedule
Requestor: Heather Heuer, Information Management Specialist/BC Support Office
Sponsor: Lisa Summers, Secretary
H. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
1. Approval of Oak Haven Fencing LLC. agreement – file # 2017-0954
Requestor: Trish King, Treasurer
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 3 of 7
Public Packet
Page 4 of 233
X. TRAVEL
A. Travel Reports
1. Accept travel report – Councilman Ernest Stevens III – 2017 Indian Summer Festival –
Milwaukee, WI – September 8-10, 2017
B. Travel Requests
1. Approve travel request in accordance with Travel & Expense Policy – Four (4) Oneida
Dental Dept. employees – 2017 Oral Health conference – Stevens Point, WI – October
2-4, 2017
Requestors: William Stempski, Director/Dental Dept.; Anna Lemke, Supervisor/Dental Dept.
Sponsor: Debbie Danforth, Division Director/Comprehensive Health-Operations
2. Approve travel request – Secretary Lisa Summers – Tribal Caucus and Inter-Tribal
Criminal Justice Coordinating Council meetings – Wisconsin Dells, WI – September 2728, 2017
XI. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC
Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Edward Delgado – Trust Land Distribution
Sponsor: Lisa Summers, Secretary
1. Accept legislative analysis
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
2. Accept legal progress report
Sponsor: Jo Anne House, Chief Counsel
3. Accept financial progress report
Sponsor: Larry Barton, Chief Financial Officer
EXCERPT FROM JULY 27, 2017: (1) Motion by Tehassi Hill to acknowledge receipt of the
petition submitted by Edward Delgado regarding Trust Land Distribution, seconded by Fawn
Billie. Motion carried unanimously. (2) Motion by Tehassi Hill to send the verified petition to
the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial,
legislative, and administrative analyses, seconded by Trish King. Motion carried unanimously.
(3) Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to
submit their analyses to the Tribal Secretary within sixty (60) days with a progress report to
be submitted within forty-five (45) days, seconded by Fawn Billie.
Motion carried
unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit
administrative analyses to Tribal Secretary within thirty (30) days, seconded by Fawn Billie.
Motion carried unanimously.
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 4 of 7
Public Packet
Page 5 of 233
B. Petitioner Frank Vandehei – Modify or eliminate E-Poll
Sponsor: Lisa Summers, Secretary
1. Accept legislative progress report
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
2. Accept legal progress report
Sponsor: Jo Anne House, Chief Counsel
3. Accept financial progress report (No submission received)
Sponsor: Larry Barton, Chief Financial Officer
EXCERPT FROM JULY 27, 2017: (1) Motion by Tehassi Hill to acknowledge receipt of the
petition submitted Frank Vandehei regarding the E-Poll process, seconded by David Jordan.
Motion carried unanimously. (2) Motion by Tehassi Hill to send the verified petition to the
Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial, legislative,
and administrative analyses, seconded by Fawn Billie. Motion carried unanimously. (3)
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit
their analyses to the Tribal Secretary within sixty (60) days with a progress report to be
submitted within forty-five (45) days, seconded by David Jordan.
Motion carried
unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit
administrative analyses to Tribal Secretary within thirty (30) days, seconded by David Jordan.
Motion carried unanimously.
C. Petitioner Linda Dallas – 2017 Tri-Annual General Election
Sponsor: Lisa Summers, Secretary
1. Accept legislative progress report
Sponsor: David P. Jordan, Councilman; Legislative Operating Committee Chair
2. Accept financial progress report (No submission received)
Sponsor: Larry Barton, Chief Financial Officer
EXCERPT FROM SEPTEMBER 9, 2017; Motion by Lisa Summers to accept the legal
opinion regarding Petitioner Linda Dallas – 2017 Tri-Annual Election, seconded by Kirby
Metoxen. Motion carried unanimously.
EXCERPT FROM JULY 27, 2017: (1) Motion by Brandon Stevens to acknowledge receipt of
the petition submitted by Linda Dallas regarding the 2017 Tri-Annual Election, seconded by
Trish King. Motion carried unanimously. (2) Motion by Trish King to send the verified petition
to the Law, Finance, Legislative Reference, and Direct Report Offices' for legal financial,
legislative, and administrative analyses, seconded by Tehassi Hill.
Motion carried
unanimously. (3) Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference
Office to submit their analyses to the Tribal Secretary within sixty (60) days with a progress
report to be submitted within forty-five (45) days, seconded by Fawn Billie. Motion carried
unanimously. (4) Motion by Tehassi Hill to direct the Direct Report Offices to submit
administrative analyses to Tribal Secretary within thirty (30) days, seconded by Brandon
Stevens. Motion carried unanimously
D. Petitioner Brad Graham – 2017 Tri-Annual General Election
Sponsor: Lisa Summers, Secretary
1. Accept legal analysis and supplemental materials
Sponsor: Jo Anne House, Chief Counsel
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 5 of 7
Public Packet
Page 6 of 233
E. Approve four (4) actions regarding Petitioner Leah Sue Dodge – Law Firm for GTC
Sponsor: Lisa Summers, Secretary
F. Approve four (4) actions regarding Petitioner Gina Powless – Banishment Law resolution
Sponsor: Lisa Summers, Secretary
G. Approve three (3) actions regarding Petitioner Debra Powless – 2017 Tri-Annual General
Election
Sponsor: Lisa Summers, Secretary
H. Schedule Special GTC meeting date and time to address one (1) petition submitted by
Linda Dallas and one (1) petition submitted by Brad Graham regarding 2017 Tri-Annual
General Election
Sponsor: Lisa Summers, Secretary
I.
Schedule a Special GTC meeting date regarding 2017 Semi-Annual reports and
presentations
Sponsor: Lisa Summers, Secretary
XII. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)
A. Reports
1. Accept Gaming General Manager report – Louise Cornelius (This item is scheduled to
begin at 10:15 a.m.)
2. Accept Intergovernmental Affairs & Communications report – Nathan King
3. Accept Chief Counsel report – Jo Anne House
B. Standing Items
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association (This item is scheduled
to begin at 9:30 a.m.)
Sponsor: Trish King, Treasurer
C. New Business
1. Approve final Comprehensive Housing Division Organizational Chart and accept next
steps as information (This item is scheduled to begin at 8:45 a.m.)
Sponsor: Dana McLester, Division Director/Comprehensive Housing
2. Review resolution entitled Strategic Workforce Planning - Budget - Implementation for
Oneida Nation (This item is scheduled to begin at 11:00 a.m.)
Sponsor: Trish King, Treasurer
3. Discuss the Nation's Property Tax Liability Threshold and determine the appropriate
next steps based on the discussion
Sponsor: Lisa Summers, Secretary
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 6 of 7
Public Packet
Page 7 of 233
4. Discuss new directive for DR01 and/or DR21
Sponsor: Lisa Summers, Secretary
5. Review the templates and provide input for changes for Annual and Semi-annual
reports
Sponsor: Lisa Summers, Secretary
XIII. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 11:30 a.m., Sunday, September 24, 2017,
pursuant to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800)
236-2214.
Oneida Business Committee Regular Meeting Agenda of September 27, 2017
Page 7 of 7
Public Packet
Page 8 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Announcement/Recognition
Accept as Information only
Action - please describe:
Recognition for Christine Klimmek who is retiring from the Oneida Nation Arts Program after 20+ years of
service.
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:
Jennifer Webster, Council Member
Primary Requestor/Submitter:
Beth Bashara, Director Arts Program
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 9 of 233
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Christine's love and passion for the arts, people, and Oneida helped connect people to their creative spirits and
ensuring the mission of the Oneida Nation Arts Program "To promote diverse artistic expressions within the
community reflecting our heritage and spirit for future generations. "
Christine Klimmek was one of the founding board members of the Oneida Nation Arts Program. As a founding
board member, Christine was instrumental in helping to shape the program and get it off the ground. As a board
member, she volunteered to help through staff transitions until in 1996 when she was hired as the program
coordinator.
Christine's philosophy is that "everyone is an artist, some are just better than others," a sentiment that has
significantly shaped the Arts Program's work in the community. In 1996, with a grant from the Wisconsin Arts
Board, she hired master artists in pottery, silver, and basketry to work with apprentices. In following years, she
was responsible for bringing many artists into the community to teach traditional and contemporary art classes,
including Sam Thomas who taught raised bead work to this community. Those beginning classes have resulted
in 100s of people learning Iroquois traditional and contemporary arts over the years. And from those 100s of
people, Oneida is rich with local instructors in pottery, raised bead work, silver work, basket making, sewing, and
many other crafts and arts.
Christine was also responsible for the Dollars for Arts Program, helping many community members get funding
to create cool community arts projects. This included a special award given to Rosemary Hill that brought
colored raised beadwork to Oneida, funding for Sharon Sarnowski to paint the turtle calendar for the BC
conference room, murals at the Civic Center and Housing site.
Christine's leadership extending into Green Bay with partnerships with UWGB, St Norbert, the Art Garage and
other groups in putting on Native exhibits. She was also responsible for helping start the basket guild and
continues to support their fine work in the community.
An accomplished artist herself, Christine is skilled in sewing, bead artist, pottery, drawing, and painting. She
studies plein aire, painting landscapes around the world in her main artform, water color.
As her license plate says, Arts 24/7 - Christine's devotion to the her community through the arts has help shape
this Nation in cultural and creative pride and beauty.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Page 10 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve September 1, 2017, regular meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. September 1, 2017, regular meeting minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 11 of 233
DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, September 12, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, September 13, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council
members: Kirby Metoxen, Ernest Stevens III;
Not Present: Chairman Tehassi Hill, Councilman Daniel Guzman King, Councilman David P. Jordan,
Councilwoman Jennifer Webster;
Arrived at: ;
Others present: Jo Anne House, Larry Barton, Lisa Liggins, Mercie Danforth, Nathan King, Tana
Aquirre, Michelle Gordon, Candice Skenandore, Clorissa Santiago;
REGULAR MEETING
Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council
members: Kirby Metoxen, Ernest Stevens III;
Not Present: Chairman Tehassi Hill, Councilman Daniel Guzman King, Councilman David P. Jordan,
Councilwoman Jennifer Webster;
Arrived at: ;
Others present: Brad Graham, Bill Graham, Jo Anne House, Larry Barton, Jennifer Falck, Candice
House, Rob Collins, Ed Delgado, Nancy Barton, Clorissa Santiago, Bonnie Pigman, Chris Johnson,
Rhiannon Metoxen, Rosa Laster, Jessica Wallenfang, Cathy Bachhuber, Heather Heuer, Tonya Webster,
Lee Cornelius, Sharon Mousseau, Linda Jenkins, Brian Doxtator, Dave Cluckey, Richard Elm-Hill, Dawn
Walschinski, Cheryl Stevens, Bill Vervoort, Kerry Metoxen, Michelle Anderson Danforth, Tom Weiss;
I.
CALL TO ORDER AND ROLL CALL by Vice-Chairman Brandon Stevens at 8:49 a.m.
For the record:
For the record:
Chairman Tehassi Hill is out of the office on approved travel to attend a
special meeting in Washington D.C. to address the opioid epidemic with
the Indian Health Services Director, Human Health Services Secretary,
and several congressional representatives. Councilwoman Jennifer
Webster and Councilman Daniel Guzman King are out of the office on
approved travel to attend the Center for Medicare & Medicaid Services
(CMS) meeting in Washington D.C. Councilman David P. Jordan is out of
the office on pre-scheduled vacation time.
Councilman Ernest Stevens III stated I believe Mr. Graham wanted an
explanation as to why I was late and I do apologize to the committee, but
I believe I’ve come down with the flu, but we need a quorum today. So
I’m here today do this agenda.
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 1 of 14
Public Packet
Page 12 of 233
DRAFT
II.
OPENING by Tribal Member Curtiss Summers
Vice-Chairman Brandon Stevens reminded the Business Committee and attendees it was the first day of
implementing the Oneida Business Committee Meetings Law. Specifically referring to the purpose of the
law “is to identify how the Oneida Business Committee will carry out its responsibilities. Meetings of the
Oneida Business Committee are for the purpose of conducting the business of the Oneida Nation as
delegated to the Oneida Business Committee under the Constitution of the Oneida Nation,” and to the
public comments section that each individual shall be limited to a speaking time for a maximum of five (5)
minutes each per agenda item. The time limit may be extended by request of the individual with approval
of the Oneida Business Committee.
III.
ADOPT THE AGENDA (00:08:10)
Motion by Lisa Summers to adopt the agenda with the following change: [Add-On Executive Session –
New Business item regarding hiring concerns; and note additional back-up was received for Resolution
item; and also noting additional background material was received for item V.L. entitled GTC Legal
Resource Center attorney job description and approval for nationwide mailing], seconded by Trish King.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers,
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
IV.
MINUTES
A.
Approve corrected July 26, 2017, regular meeting minutes (00:11:19)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the July 26, 2017, corrected regular meeting minutes, seconded by
Trish King. Motion carried with one abstention:
Ayes:
Trish King, Ernest Stevens III, Lisa Summers
Abstained:
Kirby Metoxen
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
Approve August 9, 2017, regular meeting minutes (00:12:42)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Trish King to approve the August 9, 2017, regular meeting minutes, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
C.
Approve August 17, 2017, special meeting minutes (00:14:21)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to approve the August 17, 2017, regular meeting minutes, seconded by Ernest
Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 2 of 14
Public Packet
Page 13 of 233
DRAFT
D.
Approve August 30, 2017, special meeting minutes (00:14:46)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Trish King to approve the August 30, 2017, special meeting minutes, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
V.
RESOLUTIONS
A.
Adopt resolution regarding Oneida Nation Budget Contingency Plan (00:15:15)
Sponsor: Trish King, Tribal Treasurer
Motion by Trish King to adopt resolution # 09-13-17-A Adoption of Budget Contingency Plan in
Conformance with the Budget Control and Management and Control Law, seconded by Kirby Metoxen.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Airport Hotel Corp. dba Radisson
Inn (00:19:53)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Kirby Metoxen to adopt resolution # 09-13-17-B The Oneida Airport Hotel Corp. d/b/a Radisson
Inn Green Bay Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing
Law, noting it is the corrected version, seconded by Trish King. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
For the record:
Secretary Lisa Summers stated I historically oppose these resolutions
and I’m going to continue to oppose these resolutions. I do understand
the natures of the request and that these are for business related
purposes. I just always have not been in favor of our own entities selling
alcohol to our own members through our own venues, and I will continue
to maintain that position. Thank you, but I do support the businesses, not
to be misconstrued from that perspective. Thank you.
C.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Airport Hotel Corp. dba Wingate
Sponsor: Larry Barton, Chief Financial Officer (00:23:12)
Motion by Trish King to adopt resolution # 09-13-17-C The Three Clans Airport d/b/a Wingate by
Wyndham Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law,
noting it is the corrected version, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 3 of 14
Public Packet
Page 14 of 233
DRAFT
D.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Bingo & Casino (Main) (00:23:57)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Kirby Metoxen to adopt resolution # 09-13-17-D Oneida Bingo and Casino (Main) Selling
Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, noting it is the
corrected version, seconded by Trish King. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
E.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Casino Travel Center (00:24:34)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Kirby Metoxen to adopt resolution # 09-13-17- E The Oneida Casino Travel Center Selling
Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, noting it is the
corrected version, seconded by Trish King. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
F.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida Golf Enterprise-Thornberry
(00:25:14)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Trish King to adopt resolution # 09-13-17-F Oneida Golf Enterprises for Thornberry Creek at
Oneida Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law,
noting it is the corrected version, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
G.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-E & EE (00:28:30)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Ernest Stevens III to adopt resolution # 09-13-17-G Oneida Retail Enterprise Oneida One Stop
– E & EE Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law,
noting it is the corrected version, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
H.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-Larsen (00:29:12)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Kirby Metoxen to adopt resolution # 09-13-17-H Oneida Retail Enterprise Oneida One Stop –
Larsen Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law,
noting it is the corrected version, seconded by Ernest Stevens III. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 4 of 14
Public Packet
Page 15 of 233
DRAFT
Opposed:
Not Present:
I.
Lisa Summers
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-Packerland (00:29:48)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Trish King to adopt resolution # 09-13-17-I Oneida Retail Enterprise Oneida One Stop –
Packerland Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law,
noting it is the corrected version, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
J.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida One Stop-Westwind (00:30:23)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Ernest Stevens III to adopt resolution # 09-13-17-J Oneida Retail Enterprise Oneida One Stop
– Westwind Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law,
noting it is the corrected version, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
K.
Adopt resolution entitled Oneida Retail Selling Alcohol Beverages in Accordance with
Oneida Alcohol Beverage Licensing Law - Oneida West Mason St. Casino (00:30:59)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Ernest Stevens III to adopt resolution # 09-13-17-K West Mason Street Casino Selling Alcohol
Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law, noting it is the corrected
version, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III
Opposed:
Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
L.
Adopt resolution entitled Legal Resource Center (00:31:40)
Sponsor: David Jordan, Councilman; Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 09-13-17-L Legal Resource Center, noting we received the
backup for the job description and the letter to be sent out and that those will be included in the approval,
seconded by Ernest Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 5 of 14
Public Packet
Page 16 of 233
DRAFT
VI.
STANDING COMMITTEES
A.
Legislative Operating Committee
Chair: David Jordan, Councilman
1.
Accept August 2, 2017, Legislative Operating Committee meeting minutes
(00:35:15)
Motion by Trish King to accept the August 2, 2017, Legislative Operating Committee meeting minutes,
seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
2.
Accept August 11, 2017, Legislative Operating Committee meeting minutes
(00:36:18)
Motion by Lisa Summers to accept the August 11, 2017, Legislative Operating Committee meeting
minutes, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
3.
Accept Children’s Code Implementation Plan as information (00:36:39)
Motion by Lisa Summers to accept the Children’s Code Implementation Plan as information, seconded by
Ernest Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
4.
Consider Oneida Nation Seal & Flag Rule #1 for adoption (00:57:44)
Motion by Kirby Metoxen to adopt the Oneida Nation Seal & Flag Rule #1, seconded by Trish King.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
Finance Committee
Chair: Trish King, Tribal Treasurer
1.
Approve September 5, 2017, Finance Committee meeting minutes (00:59:39)
Motion by Trish King to approve the September 5, 2017, Finance Committee meeting minutes, seconded
by Ernest Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 6 of 14
Public Packet
Page 17 of 233
DRAFT
VII.
UNFINISHED BUSINESS
A.
Accept status update regarding Oneida Public Service Announcements; and direct
appropriate areas to provide implementation plan at October 17, 2017, OBC work
meeting (1:00:16)
Sponsor: Trish King, Tribal Treasurer
EXCERPT FROM FEBRUARY 22, 2017: Motion by Jennifer Webster to approve the
Treasurer’s request to formulate a cross-functional team to create public service
announcements regarding Oneida/Haudenosaunee history, language, and culture,
seconded by Tehassi Hill. Motion carried unanimously.
Motion by Trish King to direct the Governmental Services Division Director, Intergovernmental Affairs &
Communications Director, and Retail Profits Area Manager to provide an implementation plan regarding
Oneida Public Service Announcements, at the October 17, 2017, Business Committee work meeting,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
Direct HR Area Manager and Chief Financial Officer to submit completed wage
analysis at the October 17, 2017, OBC work meeting (1:13:03)
Sponsor: Trish King, Tribal Treasurer
EXCERPT FROM APRIL 12, 2017: Motion by Lisa Summers to accept the Treasurer’s draft
memorandum dated April 4, 2017; and to accept items for this request as identified in
numbers 1-6, 1) being a yes; 2) being a yes, 3) being a no, but to plan for FY 2019; 4) being
a yes, 5) being a yes, noting that it will also have to comply with the policies and procedures,
and 6) being a yes, seconded by Tehassi Hill. Motion carried unanimously.
Motion by Lisa Summers to direct the Human Resources Area Manager and the Chief Financial Officer to
submit completed wage analysis at the October 17, 2017, Business Committee work meeting, seconded
by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
VIII.
NEW BUSINESS
A.
Approve 2017 Special Election schedule (1:14:14)
Sponsor: Tehassi Hill, Tribal Chairman
Motion by Lisa Summers to approve the 2017 Special Election schedule, seconded by Kirby Metoxen.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
Approve limited waiver of sovereign immunity - Renaissance Learning Inc. - file #
2017-0786 (1:16:12)
Sponsor: Brandon Stevens, Tribal Vice-Chairman
Motion by Trish King to approve the limited waiver of sovereign immunity - Renaissance Learning Inc. file # 2017-0786, seconded by Ernest Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 7 of 14
Public Packet
Page 18 of 233
DRAFT
C.
Delegate a Direct Report to be responsible to work on 2017-2018 United Way
Workplace Campaign (1:18:20)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Ernest Stevens III to defer this item to the next available Business Committee work meeting,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Vice-Chairman Brandon Stevens calls for a five (5) minute recess at 10:25 a.m.
Meeting called to order by Vice-Chairman Brandon Stevens calls meeting to order at 10:34 a.m.
Chairman Tehassi Hill, Councilman Daniel Guzman King, Councilman David P. Jordan, and
Councilwoman Jennifer Webster not present.
D.
Post one (1) vacancy on the Environmental Resource Board with a term expiration
date of March 25, 2018 (1:36:18)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to post this vacancy in accordance with the set schedule, noting it is a three (3)
months difference between the vacancy and the posting of the position in the regular schedule, seconded
by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
For the record:
Councilman Ernest Stevens III stated Cathy had attended the ERB
meeting on my behalf to just communicate this and they understand that,
they’re okay with that if we defer to the (inaudible).
E.
Enter E-Poll results into the record for approval of “Option 1: First Come, First Serve”
for distribution of one-hundred (100) tickets - Indian Summer Festival - Milwaukee, WI
- September 8-10, 2017 (1:39:15)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Kirby Metoxen to enter the E-Poll results into the record for approval of “Option 1: First Come,
First Serve” for distribution of one-hundred (100) tickets - Indian Summer Festival - Milwaukee, WI September 8-10, 2017, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
IX.
TRAVEL
A.
Travel Requests
1.
Approve travel request - Vice-Chairman Brandon Stevens - 2017 Fall Haskell
Board of Regents meeting - Lawrence, KS - October 10-12, 2017 (1:40:35)
Sponsor: Brandon Stevens, Tribal Vice-Chairman
Motion by Kirby Metoxen to approve the travel request - Vice-Chairman Brandon Stevens - 2017 Fall
Haskell Board of Regents meeting - Lawrence, KS - October 10-12, 2017, noting the BIE will be covering
all of the travel costs; lodging, and airfare, seconded by Trish King. Motion carried with one abstention:
Ayes:
Trish King, Kirby Metoxen, Lisa Summers
Abstained:
Ernest Stevens III
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 8 of 14
Public Packet
Page 19 of 233
DRAFT
2.
Approve travel request - Councilwoman Jennifer Webster and Director of
Head Start - Annual Federal Office of Head Start Tribal Consultation Anchorage, AK - October 17-20, 2017 (1:41:36)
Sponsor: Brandon Stevens, Tribal Vice-Chairman
Motion by Lisa Summers to approve the travel request - Councilwoman Jennifer Webster - Annual
Federal Office of Head Start Tribal Consultation - Anchorage, AK - October 17-20, 2017, noting it is
reimbursed by Head Start funds, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Motion by Lisa Summers to approve the Head Start Acting Director to attend as a designated technical
advisor on behalf of the Oneida Nation with Councilwoman Jennifer Webster for this specific consultation,
seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
3.
Approve travel request - Councilwoman Jennifer Webster, Councilman
Daniel Guzman King, and one (1) assistant - Medicare & Medicaid Policy
Committee (MMPC) and Center for Medicare & Medicaid (CMS) Tribal
Technical Advisory Group (TTAG) meetings - Washington D.C. - October 30November 3, 2017 (1:48:17)
Sponsor: Daniel Guzman King, Councilman
Motion by Trish King to approve the travel request - Councilwoman Jennifer Webster, Councilman Daniel
Guzman King, and one (1) assistant - Medicare & Medicaid Policy Committee (MMPC) and Center for
Medicare & Medicaid (CMS) Tribal Technical Advisory Group (TTAG) meetings - Washington D.C. October 30-November 3, 2017, noting the assistant’s travel is reimbursed by CMS, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
4.
Enter E-Poll results into the record for approved travel request - Chairman
Tehassi Hill - Democratic National Convention (DNC) Native American
Roundtable - Washington D.C. - September 12-13, 2017 (1:50:14)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Ernest Stevens III to enter the E-Poll results into the record for approved travel request Chairman Tehassi Hill - Democratic National Convention (DNC) Native American Roundtable Washington D.C. - September 12-13, 2017, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
5.
Enter E-Poll results into the record for approved travel request Councilwoman Jennifer Webster & Councilman Daniel Guzman King - Center
for Medicare & Medicaid Services (CMS) meeting - Washington D.C. September 12-14, 2017 (1:50:48)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Trish King to enter the E-Poll results into the record for approved travel request Councilwoman Jennifer Webster & Councilman Daniel Guzman King - Center for Medicare & Medicaid
Services (CMS) meeting - Washington D.C. - September 12-14, 2017, seconded by Kirby Metoxen.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 9 of 14
Public Packet
Page 20 of 233
DRAFT
6.
Enter E-Poll results into the record for the approved travel request Treasurer Trish King - 2017 Native American Finance Officer Association
(NAFOA) Fall Finance & Tribal Economies conference - Tulsa, OK - October
1-4, 2017 (1:51:19)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Ernest Stevens III to enter the E-Poll results into the record for the approved travel request Treasurer Trish King - 2017 Native American Finance Officer Association (NAFOA) Fall Finance & Tribal
Economies conference - Tulsa, OK - October 1-4, 2017, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Motion by Lisa Summers to recess at 11:23 a.m. until 1:30 p.m., seconded by Trish King. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Meeting called to order by Vice-Chairman Brandon Stevens at 1:35 p.m.
Chairman Tehassi Hill, Councilman Daniel Guzman King, Councilman David P. Jordan, and
Councilwoman Jennifer Webster not present.
X.
OPERATIONAL REPORTS
A.
Accept Internal Services Division FY '17 3rd quarter report (2:37:00)
Sponsor: Joanie Buckley, Division Director/Internal Services
Motion by Lisa Summers to accept the Internal Services Division FY '17 3rd quarter report, seconded by
Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
XI.
GENERAL TRIBAL COUNCIL
A.
Accept legal opinion regarding Petitioner Linda Dallas: 2017 Tri-Annual General
Election (1:52:24)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the legal opinion regarding Petitioner Linda Dallas: 2017 Tri-Annual
General Election, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
Schedule date and time for 2018 Annual GTC meeting (1:56:23)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to schedule the 2018 Annual GTC meeting date on Sunday, January 28, 2018
at 10:00 a.m., seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 10 of 14
Public Packet
Page 21 of 233
DRAFT
Motion by Trish King to reserve Monday, February 19, 2018, at 6:00 p.m. as an alternate date in the
event of inclement weather, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Vice-Chairman Brandon Stevens calls for a recess at 11:23 a.m. until 11:30 a.m.
Meeting called to order by Vice-Chairman Brandon Stevens calls meeting to order at 11:30 a.m.
Chairman Tehassi Hill, Councilman Daniel Guzman King, Councilman David P. Jordan, and
Councilwoman Jennifer Webster not present.
XII.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept Chief Counsel report (2:26:10)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to accept the Chief Counsel report dated September 11, 2017, seconded by
Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Motion by Lisa Summers to approve the six (6) actions identified in the Chief Counsel report dated
September 11 and 12, 2017, including action regarding file # 2017-1101, seconded by Trish King. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
2.
Accept Chief Financial Officer report dated September 7, 2017 (2:27:23)
Sponsor: Jo Anne House, Chief Counsel
Motion by Trish King to accept the Chief Financial Officer report dated September 7, 2017, seconded by
Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Motion by Lisa Summers to ask Finance to coordinate for Sovereign Finance to come in sometime before
the end of the second quarter, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
B.
STANDING ITEMS
1.
Land Claims Strategy (No Requested Action)
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 11 of 14
Public Packet
Page 22 of 233
DRAFT
C.
UNFINISHED BUSINESS
1.
Accept recommendation regarding community concern # 2017-CC-11
Sponsor: Lisa Summers, Tribal Secretary (2:28:42)
EXCERPT FROM AUGUST 9, 2017: Motion by Tehassi Hill to forward the
message to the Oneida Police Dept. for their review and consideration for further
actions, seconded by Trish King. Motion carried unanimously.
Motion by Lisa Summers to accept the response regarding community concern # 2017-CC-11 as
information; and to direct the Secretary to bring back an SOP to document the recommendation,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
2.
Review follow-up regarding complaint # 2017-DR11-01 (Not Submitted)
Sponsors: Brandon Stevens, Tribal Vice-Chairman; Jennifer Webster,
Councilwoman (2:29:23)
EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC
members Brandon Stevens and Jennifer Webster for follow-up; and for this item to
brought to the September 13, 2017, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by
Jennifer Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the
follow-up on behalf of the OBC Officers; and to direct that the report from
Comprehensive Health be due at the August 9, 2017, regular Business Committee
meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer
this item to the Oneida Business Committee Officers for follow up with the
Comprehensive Health Operations Division Director; and for a report to be brought
back to the July 26, 2017, regular Business Committee meeting, seconded by
Fawn Billie. Motion carried unanimously.
Motion by Lisa Summers to defer the follow-up regarding complaint # 2017-DR11-01 for thirty (30) days,
seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
D.
NEW BUSINESS
1.
Approve one-hundred twenty-five (125) new enrollments; and one (1)
relinquishment (2:29:44)
Sponsor: Kirby Metoxen, Councilman
Motion by Lisa Summers to approve the corrected list of one-hundred twenty-five (125) new enrollments;
and one (1) relinquishment, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 12 of 14
Public Packet
Page 23 of 233
DRAFT
2.
Approve limited waiver of sovereign immunity - Luxottica USA LLC. - file #
2016-0551 (2:30:10)
Sponsor: Brandon Stevens, Tribal Vice-Chairman
Motion by Kirby Metoxen to approve the limited waiver of sovereign immunity - Luxottica USA LLC. - file #
2016-0551, seconded by Ernest Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
3.
Approve limited waiver of sovereign immunity - LexisNexis Time Matters
Annual Maintenance agreement - file # 2017-1047 (2:30:51)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Summers to approve the limited waiver of sovereign immunity - LexisNexis Time Matters
Annual Maintenance agreement - file # 2017-1047, seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
4.
Review and determine appropriate next steps regarding Parental Time Policy
Sponsor: Lisa Summers, Tribal Secretary (2:31:17)
Motion by Kirby Metoxen to forward the policy concern and the process concern to the OBC Officers to
complete the requested follow-up with appropriate Direct Reports, seconded by Lisa Summers. Motion
carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
5.
Determine next steps regarding concern # 2017-DR-G-01 (2:32:12)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Lisa Summers to direct that correspondence from the OBC Officers be sent to the Direct
Reports regarding concern # 2017-DR-G-01, seconded by Ernest Stevens III. Motion carried
unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
6.
Determine next steps regarding concern # 2017-DR-G-02 (2:32:47)
Sponsor: Lisa Summers, Tribal Secretary
Motion by Kirby Metoxen to direct that correspondence from the OBC Officers be sent to the Direct
Reports regarding concern # 2017-DR-G-02, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Motion by Trish King to direct the OBC Officers to meet with the identified Direct Reports regarding
concern # 2017-DR-G-02, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 13 of 14
Public Packet
Page 24 of 233
DRAFT
7.
Approve two (2) actions regarding 161 Agreement (2:33:49)
Sponsor: Kirby Metoxen, Councilman
Motion by Trish King to accept the update and changes as information, seconded by Ernest Stevens III.
Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Motion by Lisa Summers to direct the negotiating team, composed of representatives from the Law
Office, Governmental Services, and Intergovernmental Affairs & Communications, to begin negotiations
with Outagamie County, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
8.
Discuss personnel hiring concerns (Add-on Item) (2:34:52)
Sponsor: Trish King, Tribal Treasurer
Motion by Lisa Summers to accept the personnel hiring concerns as information, seconded by Ernest
Stevens III. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
XIII.
ADJOURN
Motion by Lisa Summers to adjourn at 2:48 p.m., seconded by Trish King. Motion carried unanimously:
Ayes:
Trish King, Kirby Metoxen, Ernest Stevens III, Lisa Summers
Not Present:
Tehassi Hill, Daniel Guzman King, David P. Jordan, Jennifer Webster
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee Regular Meeting Minutes – DRAFT of September 13, 2017
Page 14 of 14
Public Packet
Page 25 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Updated and signed BC resolution for the Wisconsin Inter-Tribal Repatriation Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
George Skenandore, Division Director/GSD
Primary Requestor/Submitter:
Corina Williams Tribal Historic Preservation Officer OCHD
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 26 of 233
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Wisconsin Inter-Tribal Repatriation Committee a Subcommittee of the Great Lakes Inter- Tribal Council Inc.,
has, as its mission, to function as a coalition comprised of the Oneida, Menominee, Stockbridge Munsee,
Potawatomi, Ojibwa, Ho-Chunk and Sac & Fox Nations for the purpose of identifying and securing a common
tribal burial grounds, and to ensure that funerary objects, unassociated funerary items, and human remains are
brought back safely and burial place is found for unidentified ancestral remains. such burial grounds will be
designated for re interment of ancestral remains currently held in museums and other federal agencies
throughout the country which have been categorizes as unidentified and /or unclaimed. Repatriation of said
ancestral remains will be conducted in compliance with the Native American Graves Protection and Repatriation
Act. P.L. 101-601 or the National Museum of American Indian Act, P.L. 101-185, and Whereas, the Great lakes
Inter-Tribal Council, Inc., desires to continue to support the Wisconsin Inter-Tribal Repatriation Committee.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Page 27 of 233
Oneida Nation
Post Office Box 365
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Resolution Appointing Representatives to the Wisconsin Inter Tribal Repatriation Committee
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
On November 16, 1990, President George Bush signed into law P.L. 101-601, the Native
American Graves Protection and Repatriation Act; and
WHEREAS,
the Oneida Nation has the understanding that with the passage of P.L. 101-601, that
social, financial, legal and governmental efforts are needed on our part for the ultimate
purpose of returning our ancestors and the repatriation of sacred objects, objects of
cultural patrimony, associated and unassociated funerary objects; and
WHEREAS,
the historical fact that the On<yote>a=ka have never had the tradition of unearthing
ancestral remains or allowing anyone outside the nation or the territories of the
Haudenosaunee to be in possession of what we consider sacred objects, associated or
unassociated funerary objects or objects of cultural patrimony has compelled us to
develop the On<yote>a=ka Repatriation Program and to appoint official contacts to be
identified to the National Park Service to conduct business on behalf of the Oneida
Nation for the purpose of repatriation under P.L. 101-6-1; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee appoints the following
individuals as a signatory and alternates to represent the interests of the Oneida Nation in the Wisconsin
Inter Tribal Repatriation Committee, a subcommittee of the Great Lakes Inter Tribal Council, for the
purpose of working in conjunction with the eleven federally recognized nations in Wisconsin on the issue
of unidentified, unclaimed human remains held within museums and federal agencies under the
jurisdiction of P.L. 101-601:
Signatory Corina Williams
_________________________________
Alternate
_________________________________
Robert Brown
NOW THEREFORE BE IT FINALLY RESOLVED, that the signatory shall have the primary goal of
identification of a common burial ground with the eleven federally recognized nations in Wisconsin and
reinternment of ancestral remains of native people from the State of Wisconsin.
Public Packet
Page 28 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution entitled Setting the Strategic Plan for the 2017-2020 term of the Oneida Business
Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Lisa Liggins, Executive Assistant II
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Tracey Cordova, Organizational Development Specialist
Name, Title / Dept.
Additional Requestor:
Jo Anne House, Chief Counsel
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 29 of 233
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
***BACKGROUND***
During the week of August 21, 2017, the Oneida Business Committee participated in facilitated strategic
planning sessions where broad goals, strategies, and outcomes for the next 3 years were identified.
The attached resolution is exempt from the Statement of Effect requirement as it is support of a cause (see BC
resolution 06-01-05-C).
***REQUESTED ACTION***
Adopt resolution entitled Setting the Strategic Plan for the 2017-2020 term of the Oneida Business Committee
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Page 30 of 233
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Oneida, WI 54155
BC Resolution # _______________
Setting the Strategic Plan for the 2017-2020 term of the Oneida Business Committee
WHEREAS,
the Oneida Tribe of Indians of Wisconsin 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 Tribe of Indians of
Wisconsin, 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,
we are a nation of strong families built on Tsiʔniyukwalihotʌ and a strong economy, and,
WHEREAS,
it is our mission to strengthen and protect our people, reclaim our land and enhance the
environment by exercising our sovereignty, and
WHEREAS,
the Oneida Business Committee adopted resolution 11-12-14-B Re-Affirmation of Core
Values, and
WHEREAS,
In August 2017, the Oneida Business Committee participated in facilitated strategic
planning sessions where broad goals, strategies, and outcomes for the next 3 years were
identified, and
WHEREAS,
the strategic planning process includes an environmental scan, focused conversations,
practical visioning, and identifying challenges, and
WHEREAS,
the Oneida Business Committee, as elected officials, willingly offer dedication to their
responsibilities, while respecting the roles of the Oneida Nation Constitution and the
General Tribal Council, and
WHEREAS,
the Strategic Plan for the 2017-2020 term of the Oneida Business Committee are built on
the foundation of:
Trust
Value-Based Budgeting
Sovereignty Protection
Change Management
Communication
NOW THEREFORE BE IT RESOLOVED, that the Strategic Plan for the 2017-2020 term of the Oneida
Business Committee includes the following six unique broad goals:
Advancing Onᴧyoteʔa·ká· principles – helps us to support and sustain our culture
Exercising Sovereignty – helps us to strengthen and protect our people, land, and
environment
Improving Organizational Changes – promote effective, responsive decision-making, while
providing the opportunity to meet the needs of the Tribal Membership, technology,
customers, economy, and growth
Public Packet
Page 31 of 233
BC Resolution _____________
Setting the Strategic Plan for the 2017-2020 term of the Oneida Business Committee
Page 2 of 2
48
49
50
51
52
53
54
55
56
57
58
59
60
Promoting Positive Community Relations – will promote open communication in an
atmosphere of trust, collaboration, and positive relationships
Inspiring Yukwatsístayᴧ – (Our fire, our spirit within each one of us)
Encouraging Tsiʔniyukwalihotᴧ - (We have everything here to sustain us)
NOW THEREFORE BE IT FURTHER RESOLVED, that the Oneida Business Committee has identified
and agreed upon for itself specific tasks and activities designed to implement these goals from the
governmental level and will work collectively with the Direct Reports, support staff, and assistants to meet
the goals with a good mind, a good heart, and a strong fire.
NOW THEREFORE BE IT FINALLY RESOLVED, that the Oneida Business Committee support these
goals by requesting all direct reports, and all parts of the organization, utilize the concepts as a guide for
all organizational needs, actions, planning, and reporting for effective development and measurement.
Public Packet
Page 32 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt Fiscal Year 2018 Continuing Resolution
3. Supporting Materials
Report
Resolution
Contract
Other:
1. S.O.E. will be a handout
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Trish King, Treasurer
Primary Requestor/Submitter:
Brian A. Doxtator, Executive Assistant to Tribal Treasurer
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Public Packet
Page 33 of 233
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Background:
On September 19, 2016, the General Tribal Council tabled the proposed Fiscal Year 2017 budget resolution. The
G.T.C. requested clarification of the June 13, 2016, G.T.C. Per Capita action. The G.T.C. adopted the Fiscal Year
2017 budget resolution on March 27, 2017. (Resolution# GTC-03-27-17-A) The delay of the Fiscal Year 2017
budget adoption created delays within our H.R. Systems, Accounting Systems, as well as CapEx purchases and
C.I.P. projects. This in turn delayed operational abilities to implement and finalize the development of the Fiscal
Year 2018 budget. The development of the Fiscal Year 2018 budget relies on the final budget numbers from the
adopted Fiscal Year 2017 budget.
Requested Action:
Motion to adopt the Fiscal Year 2018 Continuing Resolution.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Page 34 of 233
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Continuing Budget Resolution - Fiscal Year 2018
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the
laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the
Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the General Tribal Council adopted further direction regarding the duties and responsibilities of the
Oneida Business Committee in resolution # GTC-2-25-82 and specifically directed the Oneida
Business Committee to become “actively involved in the legislative areas such as…Fiscal
Plan[ning]” Resolve # 2; and
WHEREAS,
the General Tribal Council adopted further direction regarding the duties and responsibilities of the
Oneida Business Committee, and more specifically the Treasurer, through the adoption of ‘job
descriptions’ on July 30, 1990 directing the Treasurer to “review [the] annual budget and make
recommendations to the Business Committee, who will submit an annual budget to the General
Tribal Council”, Representative Duties (9); and
WHEREAS,
the Oneida Business Committee approved the Treasurer’s recommendation regarding the fiscal
and financial goals of the Oneida Nation for the following three years by resolution # BC-02-11-15A, “which supports and enhances efficient and sustainable public financial management which is
key to promoting economic sustainability, good governance, social progress and a rising standard
of living for all enrolled Oneida[.]” Resolve #1; and
WHEREAS,
the Oneida Business Committee, in resolution # BC-02-11-15-A approved the following financial
initiative set forth in Resolve #1: “The end in mind is Sustainability. Assessment guidelines will be
the path for the Tribal organization to develop a Fiscal Year 2016 budget so that we may begin to
implement strategies for growth in Fiscal Year 2017 and Fiscal Year 2018 to support the Oneida
Tribe overall;” and
WHEREAS,
the Treasurer has worked with the operations of the Oneida Nation to develop a budget which
clearly identifies revenue projections, external funding opportunities, and programming needs in a
manner that meets the goals set forth in resolution # BC-02-11-15-A; and
WHEREAS,
the Treasurer has engaged the operations to present the technical needs of programs, services
and enterprises in requests for budget allocations consistent with the 2015 Oneida Business
Committee resolution; and
WHEREAS,
the Treasurer has taken into account the directives of the General Tribal Council, including the
most recent directive of June 13, 2016 regarding setting the per capita payment for the next five
years, and has guided the development of a balanced budget consistent with the 2015 goals set by
the Oneida Business Committee in resolution # BC-02-11-15-A; and
WHEREAS,
the Oneida Business Committee has been invited to participate in, and been informed of, the
budget development processes; and has taken up opportunities to actively participate as well as
monitor budget development progress through reporting and meetings, whether formal or informal;
and
Public Packet
Page 35 of 233
BC Resolution # __-__-__-_
Continuing Budget Resolution - Fiscal Year 2018
Page 2 of 3
WHEREAS,
the Treasurer, in accordance with the responsibilities set forth in the 1982 resolution and the 1990
motion of the General Tribal Council, has set forth the budget development timelines in order to
develop a budget for presentation to the General Tribal Council in September 2017; and
WHEREAS,
the budget for Fiscal Year 2017 was adopted on March 27, 2017, as a result of the delay in regards
to question regarding the June 13, 2016, General Tribal Council action on the per capita payment;
and
WHEREAS,
this delay in adoption of the budget, confirmation of the June 2016 per capita action, and
implementation of the wage increase included in the Fiscal Year 2017 budget has resulted in a
delay in the ability to begin implementation of the budget development process by at least 30 days
because existing programs in Human Resources, Payroll and AS400 Accounting will not be
available to input budget information; and
WHEREAS,
these programs in Human Resources, Payroll, and AS400 Accounting are necessary to analyze
personnel costs regarding wages, benefits, taxes, and accruals of personal and vacation time, as
well as allocation of requested funds to each of the 500 business units and 1000s of individual lines
of expenses, which allows the Treasurer, Chief Financial Officer, Assistant Chief Financial Officer,
Division Directors, Area Managers and managers to analyze trends in expenses and savings in
order to properly prepare and balance the budget; and
WHEREAS,
the Treasurer, Chief Financial Officer and Assistant Chief Financial Officer have met and discussed
options to maintain the timelines for development of the Fiscal Year 2018 budget and could identify
no process by which the budget could be developed, analyzed, corrected, and input into the
technical programs in time to meet the deadlines to present the Fiscal Year 2018 budget to the
General Tribal Council in September 2017; and
WHEREAS,
the Oneida Business Committee is also monitoring the development of the federal budget which
does impact the operations of the Nation through its grant and self-governance funding sources
and has identified the potential for the event of a federal government shut down or partial closure
through sequestration measures through a failure to adopt a budget or continuing resolution which
is also currently estimated to impact the federal government in September 2017 as a result of the
interim continuing resolution adopted by Congress and signed by the President; and
WHEREAS,
the Oneida Business Committee, acting in accordance with its delegated responsibilities, has
identified that shutting down government operations (programming and enterprise) is not in the best
interests of the Nation or its members, has determined that a Continuing Resolution is necessary to
enable the government to operate to continue to meet the needs of the membership; and
WHEREAS,
the Oneida Business Committee is committed to ensuring that operations of the Oneida Nation
continue to protect the health, safety, welfare, and regulatory compliance of the Oneida Nation; and
WHEREAS,
the Oneida Nation can only operate under an approved budget, whether by a Continuing Budget
Resolution or adoption of a budget by the General Tribal Council, and operations of the Oneida
Nation need to continue until a budget can be adopted; and
WHEREAS,
the Treasurer has recommended to the Oneida Business Committee, and the Oneida Business
Committee, in accordance with the responsibilities set forth in the 1982 resolution and the 1990
motion of the General Tribal Council, desires to adopt a Continuing Budget Resolution that aligns to
the Strategic Direction titled, “Implementing ‘Good Governance’ Processes” directing operations of
the Oneida Nation to continue, and that protects the ability of the General Tribal Council to make
budgetary decisions; and
WHEREAS,
the Treasurer and the Oneida Business encourage all levels of the operations to utilize this
resolution, The Oneida Nation Budget Contingency Plan Resolution, # BC-09-13-17-A, and
upcoming resolutions regarding Strategic Work Planning/Workforce Level Assessments/FTE Caps
and Oneida Business Committee 2017-2020 Strategic Goals in the decision making process.
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee adopts this Continuing Budget
Resolution for Fiscal Year 2018 and directs that the Oneida Nation shall operate at the Fiscal Year 2017 levels.
Operations are directed to use their discretion in approving all expenditures until such time as the budget has been
Public Packet
Page 36 of 233
BC Resolution # __-__-__-_
Continuing Budget Resolution - Fiscal Year 2018
Page 3 of 3
formally adopted and information regarding the impact of the federal government budgeting processes has been fully
identified.
Public Packet
Page 37 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
09 / 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution entitled Oneida Business Committee Regular Meeting ScheduleGPS2VBSUFSMZ3FQPSUT
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Resolution - Redline version
3. 4UBUFNFOUPG&GGFDU
2. Resolution - Clean version
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.
Page 1 of 2
Public Packet
Page 38 of 233
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
***BACKGROUND***
Attached you will find the draft 2018 quarterly reports meeting schedule and accompanying draft resolution.
Feedback was received from Oneida Nation Corporate Boards regarding the 2017 quarterly reports schedule that
more time was needed to finalize financials. In order to accommodate the request, quarterly report meetings will
be moved to the Thursday after the second regularly scheduled Business Committee meetings of February, May,
August, and November, starting on March 1, 2018.
Note: The conclusion of the Statement of Effect states there a start time for 2018 quarter report meetings was not
indicated in line 65. This correction has been made. A redline and clean version have been provided to show
this revision.
***REQUESTED ACTION***
Adopt resolution entitled Oneida Business Committee Regular Meeting ScheduleGPS2VBSUFSMZ3FQPSUT
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
Public Packet
Page 39 of 233
Oneida Nation
Redline Copy
Post Office Box 365
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida Business Committee Regular Meeting Schedule IRU4XDUWHUO\5HSRUWV
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,
with the passage of BC Resolution 12-27-16-A, the Business Committee modified the
regular meeting schedule to meet every second and fourth Wednesday of each month at
8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth
Thursday of January, April, July, and October at 8:00 a.m.; and
Public Packet
Page 40 of 233
BC Resolution _____________
Oneida Business Committee Regular Meeting Schedule
for Quarterly Reports
Page 2 of 2
Redline Copy
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
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
WHEREAS,
Oneida Nation Corporate Boards provided feedback from the 2017 quarterly meeting
schedule, and indicated additional time was needed for financials to be prepared; and
WHEREAS,
the Business Committee has determined this change would better serve the membership
of the Oneida Nation and the Business Committee; and
NOW THEREFORE BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports,
regular meetings of the Oneida Business Committee shall be held the Thursday at 8:00 a.m. after the
second regularly scheduled Business Committee meetings of February, May, August, and November,
starting on March 1, 2018;
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, 11-23-16-C, and 12-27-16-A regarding the subject of
regular meetings of the Oneida Business Committee.
Public Packet
Page 41 of 233
Oneida Nation
Clean Copy
Post Office Box 365
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __-__-__-_
Oneida Business Committee Regular Meeting ScheduleIRU4XDUWHUO\5HSRUWV
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,
with the passage of BC Resolution 12-27-16-A, the Business Committee modified the
regular meeting schedule to meet every second and fourth Wednesday of each month at
8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth
Thursday of January, April, July, and October at 8:00 a.m.; and
Public Packet
Page 42 of 233
BC Resolution _____________
Oneida Business Committee Regular Meeting Schedule
for Quarterly Reports
Page 2 of 2
Clean Copy
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
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
WHEREAS,
Oneida Nation Corporate Boards provided feedback from the 2017 quarterly meeting
schedule, and indicated additional time was needed for financials to be prepared; and
WHEREAS,
the Business Committee has determined this change would better serve the membership
of the Oneida Nation and the Business Committee; and
NOW THEREFORE BE IT FURTHER RESOLVED, for the purpose of addressing quarterly reports,
regular meetings of the Oneida Business Committee shall be held the Thursday after the second regularly
scheduled Business Committee meetings of February, May, August, and November, starting on March 1,
2018;
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, 11-23-16-C, and 12-27-16-A regarding the subject of
regular meetings of the Oneida Business Committee.
Public Packet
Page 43 of 233
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 ScheduleIRU4XDUWHUO\5HSRUWV
Summary
This Resolution would require that the Oneida Business Committee (OBC) add four
additional quarterly meetings to its regular meeting schedule, for the purpose of addressing
quarterly reports from Boards, Committees and Commissions, Corporate Boards, and OBC
Standing Committees. This change would become effective March 1, 2018.
Submitted by: Tani Thurner, Staff Attorney, Legislative Reference Office
Date Submitted: 9/13/17
Analysis by the Legislative Reference Office
Article III, Section 3 of the Oneida Constitution states that “Regular meetings of the
Business Committee may be established by resolution of the Business Committee.” Currently,
the OBC holds the following meetings in accordance with previously adopted resolutions:
Executive discussion meetings every second and fourth Tuesday each month, at 8:30 a.m.
(BC-06-23-10-E and 11-23-16-C);
Regular meetings every second and fourth Wednesday each month, at 8:30 a.m. (BC-1210-08-A and 11-23-16-C); and
Regular quarterly meetings - on the fourth Thursday of January, April, July and October
at 8:00 a.m. for the purpose of addressing quarterly reports (BC-12-27-16-A).
Under the proposed resolution, the OBC has determined that one additional meeting is
necessary each quarter for the purpose of “addressing quarterly reports from Boards, Committees
and Commissions, Corporate Boards, and Standing Committees of the Business Committee.”
This decision was made based on feedback provided from Oneida Nation Corporate Boards
regarding the 2017 quarterly meeting schedule - those Corporate Boards had indicated additional
time was needed for financials to be prepared.
Therefore, this resolution would also add four additional regular OBC meetings for the
purpose of addressing quarterly reports; to be held the Thursday after the second regularly
scheduled OBC meetings in February, May, August and November. This change would go into
effect starting on March 1, 2018. The OBC has determined that this change in the regular
meeting schedule would better serve the membership of the Oneida Nation and the OBC.
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, 11-23-16-C, and 12-27-16-A,
regarding the subject of regular meetings of the Oneida Business Committee.
Conclusion
Unlike previous resolutions, this resolution does not identify what time these new
meetings would be held. The Constitution does not require the OBC resolutions to identify the
times for holding these meetings.
Adoption of this Resolution does not conflict with any of the Nation’s laws.
Page 1 of 1
Public Packet
Page 44 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
9
/ 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider adoption of Resolution: Reinstating the Oneida Tribal Regulation of Domestic Animals Ordinance
on an emergency basis and delaying the effective date of the Domestic Animals law.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Resolution and SOE
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 45 of 233
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Reinstating the Oneida Tribal Regulation of Domestic Animals Ordinance on an Emergency Basis,
and Delaying the Effective Date of the Domestic Animals law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
on June 28, 2017, the Oneida Business Committee adopted amendments to the
Domestic Animals law (formerly the Oneida Tribal Regulation of Domestic Animals
Ordinance) through the adoption of OBC Resolution #6-28-17-B; and
WHEREAS,
one of the primary changes made to the law is to transfer hearing body authority from the
Environmental Resources Board to the Judiciary; and
WHEREAS,
the Environmental Resource Board has had various problems preparing for
implementation, and has requested additional time to ensure hearing body authority is
properly transferred to the Judiciary; and
WHEREAS,
the Conservation Department has not yet implemented the amended law or issued any
citations under that law; and
WHEREAS,
section 109.9-5 of the Legislative Procedures Act (LPA) authorizes the Oneida Business
Committee to temporarily enact an emergency law where necessary for the immediate
preservation of the public health, safety, or general welfare of the reservation population
and the enactment or amendment of legislation is required sooner than would be possible
through the standard legislative process; and
WHEREAS,
the Oneida Business Committee has determined that it is necessary for the immediate
preservation of the public health and safety of the reservation population to postpone
implementation of the Domestic Animals law, as adopted by OBC Resolution #6-28-17-B
until such time as it can be fully enforced as written.
NOW THEREFORE BE IT RESOLVED, that the effective date of the Domestic Animals law, as adopted
by OBC Resolution #6-28-17-B, shall be postponed until January 1, 2018.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Oneida Tribal Regulation of Domestic
Animals Ordinance, as adopted by OBC Resolution #6-22-11-G, shall resume effect immediately on an
emergency basis; and shall remain in effect until January 1, 2018.
Public Packet
Page 46 of 233
BC Resolution _____________
Reinstating the Oneida Tribal Regulation of Domestic Animals Ordinance on an Emergency Basis, and Delaying the
Effective Date of the Domestic Animals law
Page 2 of 2
NOW THEREFORE BE IT FURTHER RESOLVED, that the Environmental Resource Board shall
proceed with the process of transferring hearing body authority to the Judiciary; and ensure that the
transfer is completed by January 1, 2018, when the Domestic Animals law resumes effect.
NOW THEREFORE BE IT FINALLY RESOLVED, that the Environmental Resource Board shall submit a
st
progress report to the Oneida Business Committee at the first (1 ) regular OBC meeting in December of
2017, identifying the steps taken to transfer hearing body authority as of that date, and identifying any
steps remaining, including but not limited to, any potential issues and assistance that may be needed to
ensure the above deadline is met.
Public Packet
Page 47 of 233
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Reinstating the Oneida Tribal Regulation of Domestic Animals Ordinance on an Emergency
Basis, and Delaying the Effective Date of the Domestic Animals law
Summary
This resolution would delay the effective date of the Domestic Animals law, and reinstate the
Tribal Regulation of Domestic Animals Ordinance on an emergency basis until January 1, 2018,
so that the Environmental Resource Board has time to complete the steps necessary to transfer its
hearing body authority to the Judiciary.
Submitted by: Tani Thurner, Staff Attorney, Legislative Reference Office
Date: September 19, 2017
Analysis by the Legislative Reference Office
During the 2014-2017 term, the Oneida Business Committee (OBC) began the process of
transferring the Environmental Resource Board’s (ERB’s) hearing body authority to the
Judiciary. There were several laws that each delegated hearing body authority to ERB, and those
laws were all amended to transfer ERB’s hearing body authority over to the Nation’s Judicial
system.
One such law that was amended was the Tribal Regulation of Domestic Animals
Ordinance. On June 28, 2017, through OBC Resolution #6-28-17-B; the OBC adopted
amendments that re-named that law as the Domestic Animals law, and which made several
different changes to the law, including transferring ERB’s hearing body authority to the
Judiciary. The amended law went into effect immediately.
However, ERB has had some difficulties with preparing for implementation – i.e.
completing the transfer of hearing body authority over to the Judiciary. Therefore, ERB has
requested additional time before the amended law goes into effect.
In order to ensure that ERB has enough time to complete the transfer of hearing body
authority over to the Judiciary, this resolution would:
•
•
•
Delay the effective date of the Domestic Animals law, so that it would stop being effective, and
instead would go into effect on January 1, 2018.
Immediately reinstate the previous Oneida Tribal Regulation of Domestic Animals Ordinance, as
adopted by BC #6-22-11-G; on an emergency basis, meaning it would become effective
immediately and would remain in effect until January 1, 2018.
Direct ERB to proceed with the process of transferring hearing body authority to the Judiciary,
and to ensure that the transfer is completed by January 1, 2018, when the Domestic Animals law
goes into effect.
The Conservation Department has not yet implemented the amended law or issued any
citations under it; so it does not appear that any person or entity would be affected if the effective
date is postponed and the previous law resumes being in effect.
Page 1 of 2
Public Packet
Page 48 of 233
The resolution also requires ERB to submit a progress report to the OBC at the first regular
OBC meeting in December. In that progress report, ERB must identify:
•
•
The steps that ERB has taken to transfer its hearing body authority, and
Any steps that remain to be taken; along with any potential issues or assistance that may be
needed to ensure the January 1, 2018 deadline is met.
Conclusion
This resolution does not conflict with any of the Nation’s laws.
Page 2 of 2
Public Packet
Page 49 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
9
/ 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider adoption of Resolution: Extension of the Effective Date of Amendments to Laws that Transfer
Hearing Body Authority from the Environmental Resources Board to the Judiciary.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Resolution and SOE
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 50 of 233
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # ________________
Extension of the Effective Date of Amendments to Various Laws –
Environmental Resource Board Hearing Body Authority Transfer to Judiciary
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
On July 26, 2017, as part of an effort to standardize and streamline all of the Nation’s
hearing responsibilities; the Oneida Business Committee adopted amendments to
various laws of the Nation which transfer the Environmental Resource Board’s original
hearing body authority and responsibilities to the Oneida Judiciary, including:
Well Abandonment Law Amendments (BC#7-26-17-A)
Tribal Environmental Response Law Amendments (BC#7-26-17-B)
On-Site Waste Disposal Law Amendments (BC#7-26-17-C)
Public Use of Tribal Land Law Amendments (BC#7-26-17-D)
All-Terrain Vehicle Law Amendments (BC#7-26-17-E)
Hunting, Fishing and Trapping law amendments (BC#7-26-17-F) (these
amendments also clarify the law’s Jurisdiction section)
Water Resources Ordinance amendments (BC#7-26-17-G); and
WHEREAS,
the amendments to the laws identified above are scheduled to become effective on
October 1, 2017; and
WHEREAS,
the Environmental Resource Board has had various problems preparing for
implementation, and has requested additional time before these amendments become
effective.
NOW THEREFORE BE IT RESOLVED, the effective date of the amendments to the Well Abandonment
law; Tribal Environmental Response law, On-Site Waste Disposal Ordinance, Public Use of Tribal Land
law, All-Terrain Vehicle law, Hunting, Fishing and Trapping law and Water Resources Ordinance; as
stated in those resolutions adopted on July 26, 2017, is hereby extended from October 1, 2017 to
January 1, 2018.
Public Packet
Page 51 of 233
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Extension of the Effective Date of Amendments to Various Laws – Environmental Resource
Board Hearing Body Authority Transfer to Judiciary
Summary
This resolution extends the effective date of amendments to various laws of the Nation,
which transfer hearing body authority from the Environmental Resource Board to the Oneida
Judiciary.
Submitted by: Tani Thurner, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
This resolution extends the effective date of the amendments for various laws, which
were adopted by the Oneida Business Committee and scheduled to become effective on October
1, 2017, including:
Well Abandonment Law Amendments (BC#7-26-17-A)
•
•
Tribal Environmental Response Law Amendments (BC#7-26-17-B)
•
On-Site Waste Disposal Law Amendments (BC#7-26-17-C)
•
Public Use of Tribal Land Law Amendments (BC#7-26-17-D)
All-Terrain Vehicle Law Amendments (BC#7-26-17-E)
•
•
Hunting, Fishing and Trapping Law Amendments (BC#7-26-17-F)
•
Water Resources Ordinance Amendments (BC#7-26-17-G).
On July 26, 2017, the Oneida Business Committee adopted amendments to each of the
laws listed above, which would transfer Environmental Resource Board’s original hearing body
authority and responsibilities to the Oneida Judiciary. The Hunting, Fishing and Trapping law
amendments also clarify the law’s “Jurisdiction” section.” The adopting resolutions stated that
these amendments would go into effect on October 1, 2017.
However, this resolution states that the Environmental Resource Board has had various
problems preparing for implementation, and has requested additional time before the
amendments to these laws go into effect. This resolution would extend the effective date an
additional three months, so that the laws, as amended, would become effective on January 1,
2018, instead of on October 1, 2017.
Conclusion
Adoption of this resolution does not conflict with any of the Nation’s laws.
Page 1 of 1
Public Packet
Page 52 of 233
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
9
/ 27 / 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Consider adoption of Resolution: Professional Conduct for Attorneys and Advocates
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 53 of 233
Public Packet
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Page 54 of 233
BC Resolution # ________________
Professional Conduct for Attorneys and Advocates law
WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV,
Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal
Council; and
WHEREAS, the Oneida General Tribal Council created the Judiciary through Resolution GTC01-07-13-B and the Oneida Business Committee created the Family Court
through Resolution BC-05-08-13-A; and
WHEREAS, the Oneida Judiciary Rules of Civil Procedure allows a party to be represented by
an attorney or advocate that is admitted to practice law before the Judiciary; and
WHEREAS, the Oneida Judiciary Rules of Admission adopted Wisconsin Supreme Court Rule
20, Rules of Professional Conduct for Attorneys; and
WHEREAS, the proposed Law would create rules governing the professional conduct both of
attorneys and advocates that are specific to the Oneida Judiciary to ensure clients
are receiving adequate representation including provisions regarding recourse for
inadequate services rendered by practicing attorneys and advocates; and
WHEREAS, a public meeting was held on July 20, 2017, in accordance with the Legislative
Procedures Act and the comments that were received were considered on August
2, 2017.
NOW THEREFORE BE IT RESOLVED, that the Professional Conduct for Attorneys and
Advocates law is hereby adopted.
Public Packet
Page 55 of 233
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Professional Conduct for Attorneys and Advocates Law
Summary
This Resolution adopts the Professional Conduct for Attorneys and Advocates law (Law) that
governs the conduct or attorneys and advocates that are admitted to practice law before the
Judiciary.
Submitted by: Robert J. Collins II, Staff Attorney, Oneida Law Office.
Analysis by the Legislative Reference Office
This Resolution adopts the Law which governs the professional conduct of attorneys and
advocates that appear before the Judiciary and provides clients with an understanding of the level
of service to be expected from attorneys and advocates who represent them before the Judiciary.
The Oneida General Tribal Council created the Judiciary through GTC Resolution 01-07-13-B
and the Oneida Business Committee created the Oneida Family Court, which is a branch of the
Judiciary, through BC Resolution 05-08-13-A. The Judiciary is governed by the Oneida
Judiciary Rules of Civil Procedure and other laws which allow a party to be represented by an
attorney or advocate that is admitted to practice law before the Judiciary. The Oneida Judiciary
Rules of Admission adopted Wisconsin Supreme Court Rule 20, Rules of Professional Conduct,
to address professional conduct.
As the Wisconsin Supreme Court Rule does not apply to a court where lay advocates are
admitted to practice law, the proposed Law creates rules that are specific to the Oneida Judiciary
to ensure clients are receiving adequate representation. The Law addresses a number of topics
including but not limited to: competence, scope of representation, diligence, fees, confidentiality,
conflict of interest, and candor and impartiality toward the Judiciary. The Law also identifies
what a client can do if they allege that counsel has acted negligently or in violation of a duty and
directs the Judiciary when complaints are filed regarding any disciplinary actions pertaining to
the Law.
On July 20, 2017, the Legislative Operating Committee held a public meeting pursuant to the
Legislative Procedures Act. The public meeting comment period regarding the Law closed on
July 27, 2017. The Legislative Operating Committee considered the public comments on August
2, 2017, and necessary revisions were incorporated in the Law. In accordance with the
Legislative Procedures Act, this Law will become effective ten (10) business days after the date
of adoption of the Resolution.
Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
Public Packet
Page 56 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
Professional Conduct for Attorneys and Advocates
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
GTC Directive
Intent of the Law
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
SPONSOR:
DRAFTER:
ANALYST:
David P. Jordan
Robert J. Collins
Maureen Perkins
The intent of this law is to establish rules governing the professional conduct of
attorneys and advocates (counsel) who appear before the Judiciary in order to
protect the interests of all parties [see 810.1-2].
To govern the conduct of attorneys and advocates (counsel) that are admitted to
practice law before the Judiciary [see 810.1-1].
Judiciary, Legal Resource Center, attorneys and advocates who are admitted to
practice before the Judiciary
Legal Resource Center (law), Oneida Judiciary Rules of Evidence, Cannons of
Judicial Conduct, Anonymous Letters Policy, Oneida Judiciary Rules of
Admission, Oneida Rules of Professional Conduct for Attorneys
A client alleging that counsel was negligent or violated a duty under this law may
initiate a civil action by filing a complaint with the Judiciary’s Trial Court [see
810.22-1]. Decisions of the Trial Court under this section may be appealed to the
Court of Appeals [see 810.22-5].
The Judiciary’s Trial Court is granted jurisdiction to hear complaints filed
regarding any disciplinary actions pertaining to this law [see 810.23-1].
Decisions of the Trial Court are appealed to the Court of Appeals [see 810.23-6].
A public meeting was held July 20, 2017. Comments were considered by the
LOC on August 2, 2017 and directed changes are reflected in this draft.
1
2
3
4
5
6
7
8
SECTION 2. LEGISLATIVE DEVELOPMENT
9
10
11
12
13
SECTION 3. CONSULTATION
14
15
16
17
18
SECTION 4. PROCESS
A. This law governs the conduct of attorneys and advocates who are admitted and practice before the
Judiciary [see 810.1-1]. This includes both attorneys and advocates elected to serve in the Legal
Resource Center as well as attorneys and advocates who represent clients outside of the center.
Domestic violence advocates guardian ad litem are not included in the definition of advocate.
B. This law benefits the interests of all parties that appear before the Judiciary by subjecting attorneys
and advocates to rules governing their professional conduct.
A. The Oneida Business Committee and the Oneida Judiciary were consulted about the contents of this
legislation.
B. The laws and rules pertaining to the Judiciary were consulted in the drafting of this legislation.
A. This law is following the correct legislative process.
B. This law was added to the Active Files List on 4/5/17 and a public meeting was held 07/20/17.
Comments were considered by the LOC on August 2, 2017 and directed changes are reflected in this
draft.
Page 1 of 7
Public Packet
Page 57 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
SECTION 5. CONTENTS OF THE LEGISLATION
A. Competence
Counsel (attorney or advocate) is expected to provide representation that is backed by legal
knowledge, skill, thoroughness and preparation [see 810.4].
Scope of Representation
Relationships between a client and counsel are considered privileged once legal services are
obtained or performed.
Counsel will abide by decisions of the client regarding representation.
Counsel’s representation does not constitute endorsement of the client.
Counsel may limit the scope of representation with client’s informed consent.
Counsel will not advise or assist the client in criminal or fraudulent conduct [see 810.5].
Diligence
Careful, persistent and immediate work is expected of counsel [see 810.6]
Communication
Counsel is expected to [see 810.7]:
o let the client know when informed consent is required by law.
o consult with the client regarding the possible strategies that can be used in Court.
o keep the client informed of the status of their case and any decisions that need to be
made, as well as complying with requests by the client for information.
o let the client know when their expectations are beyond what is permitted by law.
o explain the case to the client so that they understand the decisions regarding
representation.
Fees
Fees must be reasonable considering [see 810.8-1]:
o time and labor required, difficulty of the case, and the skill required.
o the likelihood that acceptance of the case will prevent counsel from accepting other cases.
o the price of local legal services.
o time limitations.
o the nature and length of the professional relationship with the client.
o the experience, reputation and ability of counsel.
The scope of representation and the basis or rate of the fee and expenses must be provided to the
client in writing before or close after beginning representation. Any changes must be
communicated in writing [see 810.8-2].
Counsel must immediately respond to a client’s request for information regarding fees [see 810.83].
Confidentiality
Information related to the representation of a client is confidential except as necessary to provide
representation [see 810.9-1].
Counsel must reveal information to any party they feel is appropriate related to the representation
of a client to prevent the client from committing a criminal or fraudulent act that is likely to result
in death or substantial bodily harm or injury to the financial interest or property of another [see
810.9-2].
Page 2 of 7
Public Packet
Page 58 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
Counsel may reveal information to any party they feel is appropriate related to the representation
of a client to the extent counsel reasonably believes necessary [see 810.9-3]:
o To secure legal advice about counsel’s conduct under this law
o To establish a claim or defense regarding a controversy between client and counsel
o To establish a defense to an action seeking to deny admission to practice before the
Judiciary
o To respond to allegations in any proceeding regarding counsel’s representation of the
client
o To comply with other laws or court orders
o To detect and resolve conflicts of interest, but only if the revealed information would not
compromise the client-counsel privilege or prejudice the client
Counsel must make reasonable effort to prevent the accidental disclosure or access to client’s
information [see 810.9-4].
Conflict of Interest
Counsel cannot represent a client if representation will negatively affect another client or if
representation will be limited by counsel’s responsibilities to another client, a former client, a
third person or by a personal interest of counsel [see 810.10-1].
Counsel may represent a client if [see 810.10-2]:
o they are able to provide competent and immediate representation to each affected client
o representation is not prohibited by law
o representation does not involve a claim by one client against another represented by
counsel in any proceeding before the Judiciary
o each affected client gives written informed consent
Counsel cannot use information related to the representation of a client to their disadvantage
without written consent except as permitted or required by this law [see 810.10-3].
Counsel cannot provide the client with any financial assistance related to the representation [see
810.10-4]
Duties to Former Clients
Counsel cannot represent a client in the same or related matter as a previous client if it is
significantly conflicting to the interests of the former client unless the former client gives
informed consent [see 810.11].
Former Judge, Mediator or Peacemaker
Counsel cannot represent anyone in connection to a case where counsel participated as a judge,
mediator or peacemaker [see 810.12].
Client with Diminished Capacity
Counsel must maintain a normal client-counsel relationship with a client with diminished
capacity and may request a guardian ad litem for the client [see 810.13].
Declining or Terminating Representation
Counsel must decline or withdraw representation if this law is violated, counsel’s physical or
mental condition significantly impairs their ability to represent the client, or counsel is discharged
[see 810.14-1].
Counsel may withdraw representation of a client if [see 810.14-2]:
o it does not affect the interests of the client,
o the client insists on a course of action that is criminal or fraudulent,
Page 3 of 7
Public Packet
Page 59 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
o
o
o
the client uses counsels services to commit a crime or fraud,
the client insists on action that counsel considers distasteful or disagrees with,
the client fails to fulfill an obligation to counsel and has been given reasonable warning
that counsel will withdraw unless obligation is met,
o the representation will result in an unreasonable financial burden on counsel, or
o other good cause for withdrawal exists.
Counsel must follow established notice requirements when terminating representation and must
continue representation if ordered to do so by the Judiciary [see 810.14-3].
Counsel must protect client’s interests upon terminating representation [see 810.14-4].
Duties to Prospective Clients
Counsel must keep information confidential even if a client-counsel relationship does not exist
unless the client has given written informed consent otherwise or reasonable measures were taken
to avoid exposure to disqualifying information in determining expected services [see 810.15].
Role as Advisor
Counsel may not:
o knowingly advance a claim outside existing law unless the claim can be supported by
good faith argument for an extension, modification or reversal of existing law
o advance frivolous positions, or
o injure another with court actions [see 810.16-2].
Counsel cannot make false statements to a third person or fail to disclose facts to a third person
when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client [see
810.16-3].
Candor and Impartiality toward the Judiciary
Counsel cannot knowingly [see 810.17-2]:
o make or fail to correct false statements previously made to the Judiciary
o fail to disclose to the Judiciary legal authority in the controlling jurisdiction known to be
adverse to the client and not disclosed by opposing counsel
o offer or fail to correct evidence presented to the Judiciary known to be false.
Counsel cannot [see 810.17-2]:
o influence a judge, juror or other court official
o communicate one sided with a judge during proceeding unless authorized by law or court
order or for scheduling purposes if permitted by the court
o disrupt the Judiciary
Fairness to Opposing Party and Counsel
Counsel cannot [see 810.18]:
o Obstruct access to evidence by another party or destroy evidence or advise or assist
another to do so
o Falsify evidence or advise a witness to provide false testimony
o Knowingly disobey an obligation established by law or rule, except for open refusal
based on an assertion that an obligation doesn’t exist
o Make frivolous discovery requests or fail to comply with discovery requests of opposing
party
o Allude to any matter not reasonably relevant or supported by admissible evidence
Page 4 of 7
Public Packet
Page 60 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
Counsel cannot communicate about the representation with a person counsel knows is represented
by an attorney or advocate unless counsel has consent of the other counsel or is authorized to do
so by law or court order [see 810.18-2].
Counsel must inform others not represented by an attorney or advocate of their role in
representation and correct misunderstandings regarding representation. Counsel cannot give legal
advice except to secure counsel [see 810.18-3].
Counsel as Witness
Counsel cannot provide representation at a trial where they are likely to be called as a witness
unless [see 810.19]:
o The testimony relates to the legal services rendered in the case, or
o Not doing so would cause hardship for the client.
Admittance to Practice and Disciplinary Matters
Counsel must comply with the Judiciary’s Rules of Admission to Practice [See Judiciary
Website] and cannot knowingly make false statements or fail to disclose a fact necessary to
correct a mistake or fail to respond for a demand for information regarding admission [see
810.20].
Misconduct
It is professional misconduct for counsel to [see 810.21]:
o Violate or assist or encourage another to violate this law
o Commit a criminal act unless act has been pardoned
o Engage in dishonest, fraudulent, deceitful or misrepresentative behavior unless pardoned
o State or imply an ability to influence a tribal or governmental official to achieve results
o Violate counsel’s oath to Judiciary
o Fail to cooperate in an investigation of a complaint filed with the Judiciary
Civil Actions for Negligence or Violation of Duty
A client alleging negligence by counsel can file a complaint with the Nation’s Trial Court and
must prove the following [see 810.22]:
o A client-counsel relationship existed
o Counsel committed acts that were negligent or violated their duty under the law
o The client suffered actual damages
o The negligence or violation of duty was the main reason for the damages
o That the client would have been successful if not for the counsel’s negligence
The Trial Court will consider the merits of the client’s case and if allegations are substantiated the
court may issue a written order awarding monetary damages not to exceed five thousand dollars
($5,000) [see 810.22-3 and 810.22-4].
Decisions of the Trial Court are appealable to the Court of Appeals.
Disciplinary Actions
The Trial Court is granted jurisdiction to hear any complaints filed regarding disciplinary actions
[see 810.23-1].
The Chief Judge of the Trial Court or his or her designee will screen out or take no action on
complaints that are frivolous and communicate decisions regarding appeals in writing [see
810.23-2].
Anonymous complaints will be handled according to the Anonymous Letters Policy.
Page 5 of 7
Public Packet
Page 61 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
191
192
193
194
195
196
197
198
199
200
201
202
203
204
o
Anonymous complaints received shall be summarized and forwarded in a confidential
manner to the Chief of the Oneida Police Department. The summary must include who
received the information, the day, date, and time of receipt and the information received.
[see Anonymous Letters Policy O.C. 307.4-1].
Complaints that move forward will be assigned a judge by the Chief Judge of the Trial Court or
his or her designee to preside. The party being accused must receive notice of a hearing and
have a chance to respond to the allegations and the complainant must also receive notice of the
hearing in order to present their evidence [see 801.23-3]. The case can be dismissed if there is
not sufficient evidence to substantiate the allegation [see 810.23-4]. The presiding judge will
determine the disciplinary methods if allegations are substantiated. Outside regulating authority
will receive the decision if appropriate [see 810.23-5].
Decisions of the Trial Court under this section are appealable to the Court of Appeals [see
810.23-6].
B. This legislation is written as simply as the subject matter allows.
205
206
207
208
209
210
211
212
213
SECTION 6. INTENT
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
SECTION 7. EFFECT ON EXISTING LEGISLATION
A. The purpose of the law is clearly intended to govern the conduct of attorneys and advocates who are
admitted to practice before the Judiciary.
B. This legislation applies to attorneys and advocates who practice before the Judiciary; as well as their
clients who have an established set of guidelines to ensure they are receiving adequate representation
and a process to follow regarding recourse for inadequate services rendered by practicing attorneys or
advocates.
A. This law does not impact or conflict with any existing laws of the Nation. The following are laws of
the Nation are related legislation:
Anonymous Letters Policy
o The law will follow the Anonymous Letter Policy with respect to complaints that are
filed anonymously. The Chief Judge may take no action on an anonymous complaint
other than fulfilling the requirements of the Nation’s Anonymous Letters Policy [see
810.23-2(a)].
Attorneys and advocates admitted to practice before the Judiciary shall act in accordance with all
existing laws and rules of the Nation that establish guidelines for attorneys and advocates including:
The Rules of Civil Procedure [see Chapter 803]
o Establishes the role and responsibilities of attorneys and advocates in civil proceedings
The Rules of Appellate Procedure [see chapter 805]
o Establishes the role and responsibilities of attorneys and advocates in appellate
proceedings.
Oneida Judiciary Rules of Evidence [see Chapter 804]
o Establishes the attorney-client and advocate-client relationship
Divorce, Annulment, Legal Separation [see Chapter 702]
o Establishes the role and responsibilities of an attorney or advocate representing a party in
divorce, annulment, or legal separation proceedings.
Page 6 of 7
Public Packet
Page 62 of 233
Analysis to Draft 7 for OBC Consideration
2017 09 20
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
Judiciary Rules of Admission [See Judiciary Website]
o Establishes minimum requirements for admission to practice before the Judiciary and to
regulate those admitted to practice.
B. There are not any conflicts with existing laws of the Nation.
SECTION 8. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
A. This law codifies the Oneida Judiciary Rules of Professional Conduct; a modified version of
Wisconsin Supreme Court Rule 20, Rules of Professional Conduct for Attorneys that is applicable to
the Judiciary [see Judiciary website]. The Wisconsin Supreme Court rules do not apply to lay
advocates.
B. This law clearly establishes the expectations of attorneys and advocates who practice before the
Judiciary and provides clients with an understanding of the level of service to be expected from
attorneys and advocates who represent them before the Judiciary.
250
251
252
253
254
255
256
257
258
SECTION 9. ENFORCEMENT
259
260
261
262
SECTION 10. ACCOUNTABILITY
A. A client alleging that counsel was negligent or violated a duty under this law may initiate a civil action
by filing a complaint with the Judiciary’s Trial Court [see 810.22-1]. Decisions of the Trial Court
under this section may be appealed to the Court of Appeals [see 810.22-5]. The Judiciary’s Trial
Court is granted jurisdiction to hear complaints filed regarding any disciplinary actions pertaining to
this law [see 810.23-1]. Decisions of the Trial Court under this section are appealed to the Court of
Appeals [see 810.23-6].
B. The law will be enforced utilizing existing human resources.
A. The Judiciary is accountable for implementation and operation of this law.
B. There are no annual or other reporting requirements to the GTC.
263
264
Page 7 of 7
Public Packet
Page 63 of 233
For OBC Consideration (Draft 7)
2017 09 13
Title 8. Judiciary - Chapter 810
PROFESSIONAL CONDUCT FOR ATTORNEYS AND ADVOCATES
Tehatilihwask#nhas <hatilihwakwalihsy&hake ahatilihwatok^hake laotilihw@=ke
The lawyers/advocates
will always straighten
out the issues
810.1. Purpose and Policy
810.2. Adoption, Amendment, Repeal
810.3. Definitions
810.4. Competence
810.5. Scope of Representation
810.6. Diligence
810.7. Communication
810.8. Fees
810.9. Confidentiality
810.10. Conflict of Interest
810.11. Duties to Former Clients
810.12. Former Judge, Mediator, or Peacemaker
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
for them to always
be certain
of their affairs
810.13. Client with Diminished Capacity
810.14. Declining or Terminating Representation
810.15. Duties to Prospective Clients
810.16. Role as Advisor
810.17. Candor and Impartiality toward the Judiciary
810.18. Fairness to Opposing Party and Counsel
810.19. Counsel as Witness
810.20. Admittance to Practice and Disciplinary Matters
810.21. Misconduct
810.22. Civil Actions for Negligence or Violation of Duty
810.23. Disciplinary Actions
810.1. Purpose and Policy
810.1-1. Purpose. The purpose of this law is to govern the conduct of attorneys and advocates
that are admitted to practice law before the Judiciary.
810.1-2. Policy. It is the policy of the Nation that the interests of all parties that appear before
the Judiciary are protected. In pursuit of this interest, it is to the benefit of all parties that
attorneys or advocates are subject to rules governing their professional conduct.
810.2. Adoption, Amendment, Repeal
810.2-1.
This law was adopted by the Oneida Business Committee by resolution
_________________.
810.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
810.2-3. 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.
810.2-4. 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.
810.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
810.2-6. Where precedent for any issue under this law has not been established by the Judiciary, the
Judiciary and counsel may refer to established Wisconsin or federal case law precedent or laws for
guidance. The Wisconsin State Law Library maintains a section on Legal Ethics and Professional
Conduct located at http://wilawlibrary.gov/topics/legalprof/malpractice.php.
810.3. Definitions
810.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Advocate” means a non-attorney advocate who is admitted to practice law and is
presented to the Court as the representative or advisor to a party. “Advocate” shall not
mean a domestic violence advocate present in court for the sole purpose of providing
support or a guardian ad litem.
8 O.C. 810 – Page 1
Public Packet
Page 64 of 233
For OBC Consideration (Draft 7)
2017 09 13
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
(b) “Attorney” means a person trained and licensed to represent another person in Court,
to prepare documents, and to give advice or counsel on matters of law. “Attorney” shall
not mean a guardian ad litem.
(c) “Counsel” means an attorney or advocate that is admitted to practice before the
Judiciary.
(d) “Ex Parte” shall mean any contact with the Judge regarding a pending case where the
opposing party has not received notice, is not present, and has not consented to the
communication.
(e) “Judiciary” means the judicial system responsible for applying the laws of the Oneida
Nation. The three branches, as identified in resolutions BC-05-08-13-A and GTC 01-0713-B are the Family Court, Trial Court and Court of Appeals.
(f) “Informed consent” means the agreement by a person to a proposed course of conduct
after counsel has communicated adequate information and explanation about the material
risks of and reasonably available alternatives to the proposed course of conduct.
(g) “Preponderance of the evidence” means it is more likely than not that the facts
presented are true.
(h) “Prospective client” means a person who consults with counsel about the possibility
of forming a client-counsel relationship.
(i) “Pro Tem Judge” means a decision maker that is not currently seated on the Judiciary,
but that is appointed on a temporary (pro tempore), case-by-case basis to hear and decide
matters in professional conduct panels.
(j) “Reasonable” or “reasonably” when used in relation to conduct by counsel means the
conduct of a reasonably prudent and competent attorney or advocate.
810.4. Competence
810.4-1. Counsel shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the
representation.
810.5. Scope of Representation
810.5-1. A client develops a privileged relationship protected by section 810.9 of this law and
section 804.8-2 of the Oneida Judiciary Rules of Evidence once they consult with counsel to
obtain legal services or once counsel performs legal services for the client. Any professional
opinion given by counsel without express disclosure negating a privileged relationship shall
create a privileged client-counsel relationship.
810.5-2. Counsel shall abide by a client’s decisions concerning the objectives of representation
and shall consult with the client as to the means by which they are to be pursued. Counsel may
take such action on behalf of the client as is impliedly authorized to carry out the representation.
810.5-3. Counsel’s representation of a client, including representation by appointment, does not
constitute an endorsement of the client’s political, economic, social or moral views or activities.
810.5-4. Counsel may limit the scope of representation if the limitation is reasonable under the
circumstances and the client gives informed written consent.
810.5-5. Counsel shall not advise a client to engage, or assist a client, in conduct that counsel
knows is criminal or fraudulent, but counsel may discuss the legal consequences of any proposed
course of conduct with a client and may advise or assist a client to make a good faith effort to
determine the validity, scope, meaning, or application of the law.
8 O.C. 810 – Page 2
Public Packet
Page 65 of 233
For OBC Consideration (Draft 7)
2017 09 13
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
810.6. Diligence
810.6-1. Counsel shall act with reasonable diligence and promptness in representing a client.
810.7. Communication
810.7-1. Counsel shall:
(a) Promptly inform the client of any decision or circumstance with respect to which the
client’s informed consent is required by this law;
(b) Reasonably consult with the client about the means by which the client’s objectives
are to be accomplished;
(c) Keep the client reasonably informed about the status of the matter;
(d) Promptly comply with reasonable requests by the client for information; and
(e) Consult with the client about any relevant limitations on counsel’s conduct when
counsel knows that the client expects assistance not permitted by this law or other laws or
rules.
810.7-2. Counsel shall explain a matter to the extent reasonably necessary to permit the client to
make informed decisions regarding the representation.
810.8. Fees
810.8-1. Counsel shall not make an agreement for, charge, or collect an unreasonable fee or an
unreasonable amount for expenses. The factors to be considered in determining the
reasonableness of a fee include the following:
(a) The time and labor required, the novelty and difficulty of the questions involved, and
the skill required to perform the legal service properly;
(b) The likelihood, if apparent to the client, that the acceptance of the particular
employment will prevent other employment by counsel;
(c) The fee customarily charged in the locality for similar legal services;
(d) The amount involved and the results obtained;
(e) The time limitations imposed by the client or by the circumstances;
(f) The nature and length of the professional relationship with the client; and
(g) The experience, reputation, and ability of the attorney or advocate performing the
services.
810.8-2. The scope of the representation and the basis or rate of the fee and expenses for which
the client will be responsible shall be communicated to the client in writing, before or within a
reasonable time after commencing the representation. Any changes in the basis or rate of the fee
or expenses shall also be communicated in writing to the client.
810.8-3. Counsel shall promptly respond to a client’s request for information concerning fees
and expenses.
810.9. Confidentiality
810.9-1. Counsel shall not reveal information relating to the representation of a client unless the
client gives informed consent, except for disclosures that are impliedly authorized in order to
carry out the representation.
810.9-2. Counsel shall reveal information relating to the representation of a client to the extent
counsel reasonably believes necessary to prevent the client from committing a criminal or
fraudulent act that counsel reasonably believes is likely to result in death or substantial bodily
harm or in substantial injury to the financial interest or property of another.
810.9-3. Counsel may reveal information relating to the representation of a client to the extent
counsel reasonably believes necessary:
8 O.C. 810 – Page 3
Public Packet
Page 66 of 233
For OBC Consideration (Draft 7)
2017 09 13
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
(a) To prevent reasonably likely death or substantial bodily harm;
(b) To prevent, mitigate, or rectify substantial injury to the financial interests or property
of another that is reasonably certain to result or has resulted from the client’s commission
of a crime or fraud in furtherance of which the client has used counsel’s services;
(c) To secure legal advice about counsel’s conduct under this law;
(d) To establish a claim or defense on behalf of counsel in a controversy between
counsel and the client, to establish a defense to an action seeking to deny admission to
practice before the Judiciary, or to respond to allegations in any proceeding concerning
counsel’s representation of the client;
(e) To comply with other laws or court orders; or
(f) To detect and resolve conflicts of interest, but only if the revealed information would
not compromise the client-counsel privilege or otherwise prejudice the client.
810.9-4. Counsel shall make reasonable efforts to prevent the inadvertent or unauthorized
disclosure of, or unauthorized access to, information relating to the representation of a client.
810.10. Conflict of Interest
810.10-1. Counsel, except as provided in 810.10-2, shall not represent a client if the
representation involves a conflict of interest. A conflict of interest exists if:
(a) The representation of one client will be directly adverse to another client; or
(b) There is a significant risk that the representation of one or more clients will be
significantly limited by counsel’s responsibilities to another client, a former client, a third
person, or by a personal interest of counsel.
810.10-2. Notwithstanding the existence of a conflict of interest under 810.10-1, counsel may
represent a client if:
(a) Counsel reasonably believes that counsel will be able to provide competent and
diligent representation to each affected client;
(b) The representation is not prohibited by law;
(c) The representation does not involve the assertion of a claim by one client against
another client represented by counsel in the same litigation or other proceeding before the
Judiciary; and
(d) Each affected client gives informed consent, confirmed in writing signed by the
client.
810.10-3. Counsel shall not use information relating to representation of a client to the
disadvantage of the client unless the client gives informed consent, except as permitted or
required by this law.
810.10-4. Counsel shall not provide the client with any financial assistance pertaining to the
matter for which counsel represents the client.
810.11. Duties to Former Clients
810.11-1. Counsel who has formerly represented a client in a matter shall not thereafter represent
another person in the same or a substantially related matter in which that person’s interests are
materially adverse to the interests of the former client unless the former client gives informed
written consent.
810.12. Former Judge, Mediator or Peacemaker
810.12-1. Counsel shall not represent anyone in connection with a matter in which counsel
participated personally and substantially as a judge, mediator or peacemaker.
8 O.C. 810 – Page 4
Public Packet
Page 67 of 233
For OBC Consideration (Draft 7)
2017 09 13
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
810.13. Client with Diminished Capacity
810.13-1. When a client’s capacity to make adequately considered decisions in connection with
a representation is diminished, whether because of minority, mental impairment, or for some
other reason, counsel shall, as far as reasonably possible, maintain a normal client-counsel
relationship with the client.
810.13-2. When counsel reasonably believes that the client has diminished capacity, counsel
may request that the court appoint a guardian ad litem for the client.
810.14. Declining or Terminating Representation
810.14-1. Counsel shall not represent a client or, where representation has commenced, shall
withdraw from the representation of a client if:
(a) The representation will result in a violation of this law or any other applicable law or
rule governing professional conduct;
(b) Counsel’s physical or mental condition significantly impairs counsel’s ability to
represent the client; or
(c) Counsel is discharged.
810.14-2. Counsel may withdraw from representing a client if:
(a) Withdrawal can be accomplished without material adverse effect on the interests of
the client;
(b) The client persists in a course of action involving counsel’s services that counsel
reasonably believes is criminal or fraudulent;
(c) The client has used the counsel’s services to perpetrate a crime or fraud;
(d) The client insists upon taking action that counsel considers unacceptable or with
which counsel has a fundamental disagreement;
(e) The client fails substantially to fulfill an obligation to counsel regarding counsel’s
services and has been given reasonable warning that counsel will withdraw unless the
obligation is fulfilled;
(f) The representation will result in an unreasonable financial burden on counsel or has
been rendered unreasonably difficult by the client; or
(g) Other good cause for withdrawal exists.
810.14-3. Counsel must comply with applicable court rules requiring notice to or permission of
the Judiciary when terminating a representation. When ordered to do so by the Judiciary,
counsel shall continue representation notwithstanding good cause for terminating the
representation.
810.14-4. Upon termination of representation, counsel shall take steps to the extent reasonably
practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing
time for seeking other counsel, surrendering papers and property to which the client is entitled
and refunding any fees not earned.
810.15. Duties to Prospective Clients
810.15-1. Even when no client-counsel relationship ensues, counsel who has learned
information from a prospective client shall not use or reveal that information learned in the
consultation, unless:
(a) The affected client and/or the prospective client have given informed written consent;
or
(b) Counsel who received the information took reasonable measures to avoid exposure to
more disqualifying information that was reasonably necessary to determine whether to
represent the prospective client.
8 O.C. 810 – Page 5
Public Packet
Page 68 of 233
For OBC Consideration (Draft 7)
2017 09 13
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
810.16. Role as Advisor
810.16-1. In representing a client, counsel shall exercise independent professional judgment and
render candid advice. In rendering advice, counsel may refer not only to law but to other
considerations such as moral, economic, social, cultural, and political factors that may be
relevant to the client’s situation.
810.16-2. In representing a client, counsel shall not:
(a) Knowingly advance a claim or defense that is unwarranted under existing law, except
that counsel may advance such claim or defense if it can be supported by good faith
argument for an extension, modification, or reversal of existing law;
(b) Knowingly advance a factual position unless there is a basis for doing so that is not
frivolous; or
(c) File an action, assert a position, conduct a defense, delay a trial, or take other actions
on behalf of the client when counsel knows or when it is obvious that such an action
would serve merely to harass or maliciously injure another.
810.16-3. In the course of representing a client, counsel shall not knowingly:
(a) Make a false statement of material fact or law to a third person; or
(b) Fail to disclose a material fact to a third person when disclosure is necessary to avoid
assisting a criminal or fraudulent act by a client.
810.17. Candor and Impartiality toward the Judiciary
810.17-1. Counsel shall not knowingly:
(a) Make a false statement of fact or law to the Judiciary or fail to correct a false
statement of material fact or law previously made to the Judiciary by counsel;
(b) Fail to disclose to the Judiciary legal authority in the controlling jurisdiction known
to the attorney or advocate to be directly adverse to the position of the client and not
disclosed by opposing counsel; or
(c) Offer evidence that counsel knows to be false. If counsel, counsel’s client, or a
witness called by counsel has offered material evidence and counsel comes to know of its
falsity, counsel shall take reasonable remedial measures, including, if necessary,
disclosure to the Judiciary. Counsel may refuse to offer evidence believed to be false.
810.17-2. Counsel shall not:
(a) Seek to influence a judge, juror, or other court official;
(b) Communicate ex parte with a judge during the proceedings unless authorized to do so
by law or court order or for scheduling purposes, if permitted by the court; or
(c) Engage in conduct intended to disrupt the Judiciary.
810.18. Fairness to Opposing Party and Counsel
810.18-1. Counsel shall not:
(a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy,
or conceal a document or other material having potential evidentiary value. Counsel shall
not advise or assist another person to do any such act;
(b) Falsify evidence, advise, or assist a witness to testify falsely;
(c) Knowingly disobey an obligation under any applicable law or rule, except for open
refusal based on an assertion that no valid obligation exists;
(d) In pretrial procedure, make a frivolous discovery request or fail to make reasonably
diligent effort to comply with a legally proper discovery request by an opposing party; or
8 O.C. 810 – Page 6
Public Packet
Page 69 of 233
For OBC Consideration (Draft 7)
2017 09 13
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
(e) In trial, allude to any matter that counsel does not reasonably believe is relevant or
that will not be supported by admissible evidence.
810.18-2. In representing a client, counsel shall not communicate about the subject of the
representation with a person counsel knows to be represented by another attorney or advocate in
the matter unless counsel has the consent of the other attorney or advocate or is authorized to do
so by law or a court order.
810.18-3. In dealing on behalf of a client with a person who is not represented by an attorney or
advocate, counsel shall inform such person of counsel’s role in the matter. When counsel knows
or reasonably should know that the unrepresented person misunderstands counsel’s role in the
matter, counsel shall make reasonable efforts to correct this misunderstanding. Counsel shall not
give legal advice to an unrepresented person other than the advice to secure counsel.
810.19. Counsel as Witness
810.19-1. Counsel shall not act as an attorney or advocate at a trial in which counsel is likely to
be a necessary witness unless:
(a) The testimony relates to the nature and value of legal services rendered in the case; or
(b) Disqualification of counsel would work substantial hardship on the client.
810.20. Admittance to Practice and Disciplinary Matters
810.20-1. Counsel shall comply with the Judiciary’s Rules of Admission to Practice.
810.20-2. An applicant for admission to practice or counsel in connection with a disciplinary
matter, shall not:
(a) Knowingly make a false statement of material fact; or
(b) Fail to disclose a fact necessary to correct a mistake known by the person to have
arisen in the matter, or knowingly fail to respond to a lawful demand for information
from an admissions or disciplinary authority.
810.21. Misconduct
810.21-1. It is professional misconduct for counsel to:
(a) Violate or attempt to violate this law, knowingly assist or induce another to do so, or
do so through the acts of another;
(b) Commit a criminal act that reflects adversely on counsel’s honesty, trustworthiness,
or fitness as counsel in other respects unless such criminal activity has been pardoned or
forgiven;
(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation unless
such conduct is pardoned or forgiven;
(d) State or imply an ability to influence improperly a tribal or government agency or
official or to achieve results by means that violate any applicable law or rule;
(e) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable
canons of judicial conduct or other law or rule;
(f) Violate the counsel’s oath given to the Judiciary; or
(g) Fail to cooperate in the investigation of a complaint filed with the Judiciary.
810.22. Civil Actions for Negligence or Violation of Duty
810.22-1. A client alleging that counsel was negligent or violated a duty under this law may
initiate a civil action by filing a complaint with the Judiciary’s Trial Court.
810.22-2. In a civil action against counsel for negligence or violation of duty, the client has the
burden of proving all of the following:
8 O.C. 810 – Page 7
Public Packet
Page 70 of 233
For OBC Consideration (Draft 7)
2017 09 13
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
(a) A client-counsel relationship existed;
(b) That counsel committed acts that were negligent or in violation of duty under this
law;
(c) That the client suffered actual damages;
(d) That the negligence or violation of duty was the direct cause of the damages; and
(e) That, but for the negligence or violation of duty on counsel, the client would have
been successful in the prosecution or defense of the case.
810.22-3. In making a final determination, the Court shall consider what a particular counsel did
or failed to do and what a reasonable or prudent counsel would do in the same circumstance.
810.22-4. If there is enough evidence to substantiate the allegations by a preponderance of the
evidence, the Court shall issue a written order awarding monetary damages to the client not to
exceed five thousand dollars ($5,000).
810.22-5. Decisions of the Trial Court under this section may be appealed to the Court of
Appeals.
810.23. Disciplinary Actions
810.23-1. The Judiciary’s Trial Court is granted jurisdiction to hear complaints filed regarding
any disciplinary actions pertaining to this law.
810.23-2. Complaints of alleged violations of this law may be filed on behalf of the client with
the Trial Court or initiated by the Judiciary. All complaints shall be forwarded to the Chief
Judge of the Trial Court or his or her designee who may screen out and take no action on
complaints which are determined to be frivolous or repetitive on their face. The Chief Judge or
his or her designee shall communicate in writing any such decision with the complainant.
(a) The Chief Judge or his or her designee may take no action on an anonymous
complaint other than fulfilling the requirements of the Nation’s Anonymous Letters
Policy.
810.23-3. If a complaint goes forward, the Chief Judge or his or her designee shall assign a
judge to preside over the disciplinary proceedings. Current or pro tem judges are eligible to hear
disciplinary matters.
(a) The party being accused of the disciplinary violation shall be given notice of a
hearing and an opportunity to meaningfully respond to the allegations.
(b) The complainant also shall be given notice of any hearings and shall have the right to
present evidence.
810.23-4. The judge can dismiss the complaint if it appears frivolous or if there is not enough
evidence to substantiate the allegations by a preponderance of the evidence.
810.23-5. If there is enough evidence to substantiate the allegations by a preponderance of the
evidence, the Court shall issue a written disciplinary order.
(a) The Court may opt to choose any combination of the following disciplinary methods:
(1) Private reprimand;
(2) Public reprimand through publication in the Nation’s newspaper;
(3) Additional training requirements;
(4) Monetary fine not to exceed five thousand dollars ($5,000); or
(5) Suspension or revocation of the right to practice before the Judiciary.
(b) The Court may also forward their decision to an appropriate outside regulating
authority in appropriate situations (e.g. to the State Bar of Wisconsin if counsel is an
attorney licensed to practice in Wisconsin).
810.23-6. Decisions of the Trial Court under this section are appealed to the Court of Appeals.
End.
8 O.C. 810 – Page 8
Public Packet
Page 71 of 233
FINANCE ADMINISTRATION
Fiscal Impact Statement
MEMORANDUM
DATE:
September 13, 2017
FROM:
RaLinda Ninham-Lamberies, Assistant Chief Financial Officer
TO:
Larry Barton, Chief Financial Officer
RE:
Financial Impact of the Professional Conduct Law
I.
Estimated Fiscal Impact Summary
Law: Professional Conduct
Draft 7
Implementing Agency
Oneida Judiciary
Estimated time to comply
Estimated Impact
30 days after approval to provide appropriate notice
Current Fiscal Year
10 Year Estimate*
Total Estimated Fiscal Impact
Revenue and cost considerations
Uncertainties and Unknowns
$0
$0
Establishment of fees
Number of clients, fees collected, collection method
II.
Background
A.
Legislative History
This is a new law. The Public Meeting was held on July 20th, 2017.
B.
Summary of Content
The legislation governs the conduct of attorneys and advocates that are admitted
to practice law before the Judiciary and includes the following;
1.
Requires counsel to provide competent representation.
*Please see the spreadsheet & assumptions for more details on the projections.
Public Packet
Page 72 of 233
2.
Defines the scope, diligence, and communication expected from advocates
& attorneys.
3.
Sets criteria and requirements for fees.
4.
Sets expectations of confidentiality, establishes when a conflict of interest
arises and when circumstances require a client’s consent.
5.
Establishes duties to former clients as well as to their former role of Judge,
Mediator or Peacemaker.
6.
Defines terms to the representation of a client with diminished capacity
and defines when and how counsel may decline or terminate representation.
7.
Defines duties to prospective clients, counsel’s role as advisor, and
expectations of candor and impartiality toward the Judiciary.
8.
Requires fairness to the opposing party and counsel, prohibits acting as
witness and counsel for the same trial, and sets criteria for admittance to practice
and disciplinary matters.
9.
Lastly, the Law defines what is considered misconduct, civil actions for
negligence or violation of duty and disciplinary action
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.