# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A09d1ad9c161b5ebd ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## 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 Ona=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 Ona=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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A09d1ad9c161b5ebd. Public record. Not legal advice.