# Phone: (920)869-2214 (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A14b338d099c4d67e ## 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 January 26, 2017 Open Session – FY ’17 1st Quarter Reports CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the following 180 pages are the Open Session meeting materials presented at a meeting duly called, noticed and held on the 26th day of January, 2017. ____________________________ Lisa Summers, Tribal Secretary Oneida Business Committee Page 1 of 178 Oneida Business Committee FY ’17 1st Quarter Reports 8:00 a.m. Thursday, January 26, 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 III. ADOPT THE AGENDA pp. 1-4 IV. REPORTS A. APPOINTED BOARDS, COMMITTEES, COMMISSIONS 1. Accept Oneida Nation Arts Board FY ’17 1st quarter report pp. 5-7 (8:00 a.m.-8:15 a.m.) Chair: Tamara VanSchyndel Liaison: Jennifer Webster, Councilwoman 2. Accept Anna John Residential Centered Care Community Board FY ’17 1st quarter pp. 8-11 3. Accept Oneida Child Protective Board FY ’17 1st quarter report pp. 12-31 report (8:15 a.m.-8:30 a.m.) Chair: Candace House Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman (8:30 a.m.-8:45 a.m.) Chair: Dale Powless Liaison: Lisa Summers, Tribal Secretary 4. Accept Oneida Environmental Resources Board FY ’17 1st quarter report pp. 32-36 (8:45 a.m.-9:00 a.m.) Chair: Marlene Garvey Liaison: Tehassi Hill, Councilman 5. Accept Oneida Community Library Board FY ’17 1st quarter report (9:00 a.m.-9:15 a.m.) Vice-Chair: Roxanne Anderson Liaison: Fawn Billie, Councilwoman Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017 Page 1 of 4 pp. 37-40 Page 2 of 178 6. Accept Oneida Personnel Commission FY ’17 1st quarter report pp. 41-71 (9:15 a.m.-9:30 a.m.) Chair: Yvonne Jourdan Liaison Alternate: David Jordan, Councilman 7. Accept Oneida Police Commission FY ’17 1st quarter report pp. 72-77 (9:30 a.m.-9:45 a.m.) Chair: Bernie Stevens Liaison: Lisa Summers, Tribal Secretary 8. Accept Oneida Pow-wow Committee FY ’17 1st quarter report pp. 78-82 (9:45 a.m.-10:00 a.m.) Chair: Tonya Webster Liaison: Fawn Billie, Councilwoman 9. Accept Southeastern Oneida Tribal Services Advisory Board FY ’17 1st quarter report (Not Submitted) Chair: Daniel Schiller Liaison: Tina Danforth, Tribal Chairwoman (Break scheduled from 10:00 a.m.-10:15 a.m.) 10. Accept Oneida Nation Veterans Affairs Committee FY ’17 1st quarter report pp. 83-86 (10:00 a.m.-10:15 a.m.) Chair: Mike Hill Liaison: Jennifer Webster, Councilwoman B. ELECTED BOARDS, COMMITTEES, COMMISSIONS 1. Accept Oneida Nation Commission on Aging FY ’17 1st quarter report pp. 87-93 (10:15 a.m.-10:30 a.m.) Chair: Patricia Lassila Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman 2. Accept Oneida Gaming Commission FY ’17 1st quarter report pp. 94-96 (10:30 a.m.-10:45 a.m.) Chair: Mark A. Powless Sr. Liaison: Brandon Stevens, Councilman 3. Accept Oneida Election Board FY ’17 1st quarter report pp. 97-98 (10:45 a.m.-11:00 a.m.) Chair: Racquel Hill Liaison: Melinda J. Danforth, Tribal Vice-Chairwoman 4. Accept Oneida Land Claims Commission FY ’17 1st quarter report pp. 99-101 (11:00 p.m.-11:15 p.m.) Vice-Chair: Loretta Metoxen Liaison: Jennifer Webster, Councilwoman 5. Defer Oneida Land Commission FY ’17 1st quarter report Chair: Liaison: Rae Skenandore Tehassi Hill, Councilman Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017 Page 2 of 4 pp. 102-103 Page 3 of 178 6. Accept Oneida Nation School Board FY ’17 1st quarter report pp. 104-122 (11:15 p.m.-11:30 p.m.) Chair: Debbie Danforth Liaison: Fawn Billie, Councilwoman (Break scheduled from 11:30 a.m.-1:15 p.m.) C. CORPORATE BOARDS 1. Accept Oneida Airport Hotel Corporation FY ’17 1st quarter report pp. 123-127 (1:15 p.m.-1:30 p.m.) Agent: Janice Hirth-Skenandore Liaison: Trish King, Tribal Treasurer 2. Accept Oneida Golf Enterprise FY ’17 1st quarter report pp. 128-131 (1:30 p.m.-1:45 p.m.) Agent: Janice Hirth-Skenandore Liaison: Trish King, Tribal Treasurer 3. Accept Bay Bancorporation, Inc. FY ’17 1st quarter report pp. 132-136 (1:45 p.m.-2:00 p.m.) President: Jeff Bowman Liaison: Tina Danforth, Tribal Chairwoman 4. Accept Oneida ESC Group, LLC. FY ’17 1st quarter report pp. 137-143 (2:00 p.m.-2:15 p.m.) Chair: Jackie Zalim Liaison: Tehassi Hill, Councilman 5. Accept Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter report pp. 144-163 (2:15 p.m.-2:30 p.m.) Interim Chair: Jackie Zalim Liaison: Tehassi Hill, Councilman 6. Accept Oneida Seven Generations Corporation FY ’17 1st quarter report pp. 164-166 (2:30 p.m.-2:45 p.m.) Agent: Pete King III Liaison: Tina Danforth, Tribal Chairwoman D. STANDING COMMITTEES 1. Defer Community Development Planning Committee FY ’17 1st quarter report pp. 167-168 2. Accept Legislative Operating Committee FY ’17 1st quarter report pp. 169-171 Chair: Melinda J. Danforth, Tribal Vice-Chairwoman (3:00 p.m.-3:15 p.m.) Chair: Brandon Stevens, Councilman 3. Accept Quality of Life Committee FY ’17 1st quarter report (3:30 p.m.-3:45 p.m.) Chair: Fawn Billie, Councilwoman Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017 Page 3 of 4 pp. 172-173 Page 4 of 178 4. Accept Finance Committee FY ’17 1st quarter report pp. 174-178 (3:45 p.m.-4:00 p.m.) Chair: Trish King, Tribal Treasurer V. ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:05 p.m., Friday, January 20, 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) 2362214. Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017 Page 4 of 4 Page 5 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 / 26 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Reports Accept as Information only Action - please describe: Accept Oneida Nation Arts Board FY '17 1st quarter report 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Jennifer Webster, Council Member Primary Requestor/Submitter: Beth Bashara, Director of the Arts Program Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 6 of 178 Oneida Nation Arts Board Quarterly Report – 1 s t Quarter (Oct - Dec, 2016) January 17, 2017 Oneida Nation Arts Board Sylvia Cornelius (Exp. 2015) Sapatis Menomin (Exp. 2017) Tamara J Vanschyndel (Exp. 2017) Dakota Webster (Exp. 2018) Jackie Zalim (Exp. 2018) Marena Bridges (Exp. 2019) Report submitted by: Tamara VanSchyndel, Chair (Exp. 2017) Dawn Walschinski, Chair Elect (Exp. 2015) Pat Moore, Secretary (Exp. 2015) Board Purpose Statement: To provide guidance to the ONAP and to perform the responsibilities granted to the Board under the Dollars for Arts Program policy. Specific responsibilities include, but are not limited to the following: (a) work with ONAP Director and staff in an advisory capacity on issues related to the arts in Oneida, and (b) strive to provide guidance and recommendations in the development of the ONAP and arts programs throughout the community, and (c) receive reports of the ONAP activities ONAP staff, and (d) evaluate ONAP, (e) approve policies and programs for the overall coordination and administration of the ONAP. Update from the Chair As newly appointed chair of the Arts Program, I had the pleasure of joining the staff and BC Liaison, Jenny Webster, at their holiday staff meeting and potluck. I asked the question, “What does the Program need from the board?” In addition to some great feedback for further promoting and continued improvement, the Arts Program staff demonstrated their passion for Native arts and this community. Meetings Held October 6, 2016 December 14, 2016 Election of officers Arts Program Staff and Board Pot Luck Page 7 of 178 Oneida Nation Arts Program Update Administrative Reports Staff includes: Beth Bashara, Director Christine Klimmek, Program Coordinator Sherrole Benton, Program Coordinator Programming Reports Art Classes: Participants enjoyed learning about and making Raise Beaded Pin Cushions, Traditional Iroquois Silver Brooches, and Hand Painted Cards. In the Hand Painted Card class, staff from the Language House was available to teach holiday greetings in the cards. The water color class was so successful that a second session was offered in January. MOC: After a successful partnership with the Oneida Recreation Program, MOC again held singing practice at the Civic Center in October. The kids presented at the Radisson, November 1 for the State Transportation Conference. The kids continue to be requested for various performances. Future Focus Art Classes Woven Sewing Basket Painting Silk Scarves Native Cedar Flute for Beginners Intermediate Native Flute Rip Dress Making February 2, 9, 16, 23 February 13 and 20 February 7, 9, 14, and 16 March 7, 9, 14, and 16 March 8, 15, 22 Informational Excerpt by Lisa J. Lehmberg A large body of literature addresses the physical well-being of senior citizens as a result of music participation. Due to the age of senior citizens, they are more prone to have various health issues. Evidence in the literature suggests that there were multiple physical benefits regardless of the senior citizens’ health conditions. A landmark two-year study examining the effect of arts participation on 300 senior citizens, aged 65 or older, in New York City, San Francisco, and Washington, D.C. showed remarkable results (Cohen, 2006a, 2006b). Compared to the control group with limited arts participation, those who participated in weekly arts programs, including music, showed better health, fewer doctor visits, less medication usage, more positive responses on mental health measures, and more involvement in overall activities. The findings “point to true health promotion and disease prevention effects” (Cohen, 2006b, p. 6). In Cohen’s (2006b) words: The significance of the art programs is that they foster sustained involvement because of their beauty and productivity. They keep the participants involved week after week, compounding positive effects being achieved. Many general activities and physical exercises do not have this high level of engagement. Art programs, thereby help sustain quality of life. Page 8 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 I 26 I 17 2. General Information: Session: ~ Open Agenda Header: D Executive- See instructions for the applicable laws, then choose one: jNew Business ~------------------------------------------------------------~ D Accept as Information only ~ Action - please describe: PLEASE ACCEPT THE AJRCCC FIRST QUARTERLY REPORT FOR 2017. THIS REPORT COVERS THE PERIOD OF OCT,NOV & DECEMBER 2016 3. Supporting Materials · 1K1 Report D Resolution D Contract D Other: 1.11 ST QUARTER REPORT- JANUARY 2017 3. 2. 4. D Business Committee signature required 4. Budget Information ~ Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: IMelinda J. Danforth, Council Member Primary Requestor/Submitter: CAROL ELM, BOARD MEMBER- VICE CHAIR Your Name, Title I Dept. or Tribal Member Additional Requestor: PAT MOORE, YVONNE CORNELIUS, JANICE MCLESTER, MARY ADAMS, SANDRA Name, Title I Dept. Additional Requestor: SKENADORE- BOARD MEMBERS Name, Title I Dept. Page 1 of 2 Page 9 of 178 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested : PER THE TRIBAL SECRETARY'S OFFICE SCHEDULE-- ALL BOARDS, COMMITIEES, AND COMMISSIONS ARE TO PROVIDE QUARTERLY REPORTS TO THE ONEIDA BUSINESS COMMITIEE. 1ST QUARTER REPORT OF THE AJRCCC DUE ON JANUARY 17,2017 FOR THE JANUARY 26, 2017 MEETING DATE. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Page 10 of 178 Anna John Resident Centered Care Community Quarterly Report to Business Committee Period: Oct, Nov. & Dec 2016 Submitted by: Carol Elm The purpose of the Anna John Resident Centered Care Community (AJRCCC) Board is to serve in an advisory capacity ensuring operations of AJRCCC are within the guidelines and policies ofthe Oneida Tribe of Indians of Wisconsin and within all regulations, rules, policies governing the operation of a nursing home. The Board ensures the AJRCCC maintains a safe and sanitary environment while providing quality care and services to residents of the facility and as ordered by each resident's attending physician . AJRCCC BOARD MEMBERS Name Carol Elm Yvonne Cornelius Sandra Skenadore Candace House Term Expires 1128/18 10/28/18 11/12/17 1128/18 Name Pat Moore Janice McLester Mary Adams Term Expires 5/27/18 7/08/18 7/25/17 MINUTES November 1, 2016 November 7, 2016 November 15, 2016 November 17, 2016 November 30, 2016 October 13, 2016 October 19, 2016 December 14, 2016 RESIDENT CENSUS November 2016 October 2016 = 43.8 91.26% Maximum is 48 Beds 44.9 =93.61% December 2016 44.1 =91.87% HIGHLIGHTS • Quality Assurance/Regulatory Compliance Issues: The Quality Assurance mandated that all AJRCCC staff training was completed along with additional policy and procedures updated by the Quality Assurance Team; and 2 minor reports 1 AJRCCC QUARTERLY REPORT- 1' Quarter JAN. 2017 PAGE 1 OF 2 PERIOD : Oct, Nov & Dec. 2016 Page 11 of 178 were sent in to the State of Wisconsin, Bureau of Quality Assurance. • Shared activities between A..JRCCC and Elder Services continue on a scheduled plan. • The Congregate Mealsite hours of operation are Monday through Friday from 8:00 AM to 4:30 PM and continues to average 80-1 00 per day in attendance. Dave Larson continues as the Acting Administrator for the A..JRCCC. The A..JRCCC board has attended the following activities at the A..JRCCC: November 15, 2016: A..JRCCC Harvest Meal, all Board members were in attendance at the A..JRCCC Harvest meal to enjoy a harvest dinner with the residents. December 20, 2016: Christmas party with A..JRCCC Residents. The A..JRCCC Board divided the number of residents between the board members and purchased gifts for all A..JRCCC residents. Several of the Board Members attended the December 20, 2016 Christmas Party to hand out gifts. • • STAFFING • Between the months of October to December, 2016; HRD reported that as of 1/1/2017 the Anna John Resident Centered Care Community had a total of 65 tribal employees working the 24/7 shifts to care for our Residents during the 1st quarter 2017. The End. 1 AJRCCC QUARTERLY REPORT- 1' Quarter JAN 2017 PAGE 2 OF 2 PERIOD : Oct, Nov & Dec. 2016 Page 12 of 178 Oneida Business Committee Agenda Request I 26 I 17 1. Meeting Date Requested: 2. General Information: Session: ~ Open AgendaHeader: D Executive- See instructions for the applicable laws, then choose one: LIR_e~p_o_rt_s________________________________________________________~ D Accept as Information only ~ Action - please describe: Approval needed 3. Supporting Materials ~ Report D Resolution D Contract D Other: ~-------------------------------. 1. 3. 2. 4. D Business Committee signature required 4. Budget Information ~ Budgeted -Tribal Contribution D Budgeted- Grant Funded D Unbudgeted S. Submission Authorized Sponsor I Liaison: LIL_is_a_S_u_m_m_e_r_:_s,_T_ri_b_ai_S_e_cr_e_ta_r:_y_________________________________J Primary Requestor/Submitter: Dale Powless, Chair Child Protective Board Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Page 13 of 178 Oneida Child Protective Board Quarterly Report For Oneida Business Committee Period: October, November, & December 2016 First Quarter report due: January 1ih, 2017 ONEIDA CHILD PROTECTIVE BOARD Dale Powless, Chairman Lois Strong, Vice Chair Jeanette Ninharn, Secretary Beverly Anderson, Member Wesley Martin, Member Carol Silva, Member Melinda K. Danforth, Member Lisa Summers, OBC Liaison MISSION: To secure a stable environment that includes the physical, mental, cultural and financial well-being of Oneida children. PURPOSE: In accordance with the Indian Child Welfare Act, 25 U.S.C. 1901, etseq., the purpose of the Board is to protect the best interest of Oneida children and to promote the stability and security of Oneida families. When placements of such children in foster or adoptive homes or facilities are necessary, these homes must reflect the unique values oflndian culture. For this purpose, the Board may intervene in federal, state, and county comis concerning the following proceedings: foster care placement, termination of parental rights, pre-adoptive placement, adoptions and out of horne placements. MEETING REQUIREMENTS Oneida Child Protective Board meets weekly and by special requests from family members, counties departments, or community members. MINUTES Due to confidentiality nature of minors, all minutes are kept in locked fireproof file cabinet, in a locked room within the building. FINANCIALS The Oneida Child Protective Board is on schedule with meeting our financial goals. • • • EDUCATION/TRAINING Fighting Methamphetamine & Pharmaceutical Abuse in Indian County October 18th, 2016 13th Annual Fatherhood is Leadership National Conference November 2nd_4th, 2016 in Tempe, Arizona BIA Training on Final ICWA Rule November 17th, 2016 Page 1 of3 Page 14 of 178 Oneida Child Protective Board Quarterly Report For Oneida Business Committee Period: October, November, & December 2016 First Quarter report due: January 1ih, 2017 • • • • • • • GOALS AND OBJECTIVES Facilitate appropriate training opportunities for Oneida Child Protective Board members for certificate/report of completion per Oneida Child Protective Board Bylaws. Develop working relationship and improve judicial relationships through meetings with tribal, state, and county personnel. Work in accordance with the Oneida Law Office and Tribal Social services to enforce the provisions of the Indian Child Welfare Act. COMMENTS Attended state court hearings in support of placement of Oneida children and their families. Heard, discussed and recommended the best solution for cases that came before us. The following chart demonstrates the approximate number of cases for the quarter: Worked with the ICW staffto provide a brochure to have available for families. This information should be provided by the Adoption agency, but this is not always the case. Therefore we feel it is imperative they have knowledge since there is a timeline for applying for these funds. (see attachment) Attached is the Bureau of Indian Affairs Final Rule: Indian Child Custody Proceedings which went into effect on December 1ih, 2016 Page 2 of 3 Page 15 of 178 Oneida Child Protective Board Quarterly Report For Oneida Business Committee Period: October, November, & December 2016 First Quarter report due: January 1ih, 2017 October On-Going Cases 39 New Cases 1 Relative Placement 26 Future Adoptive Placement 1 Treatment Facility Placement 1 Shelter Care Placement - Foster Care Placement 10 Parent Placement 1 Fictive Kin 1 Guardianship 3 Kinship 2 November On-Going Cases 23 New Cases 8 Relative Placement 23 Future Adoptive Placement - Treatment Facility Placement 1 Shelter Care Placement - Foster Care Placement 7 Parent Placement - Fictive Kin 1 Guardianship 5 Kinship December On-Going Cases 34 New Cases 9 Relative Placement 28 Future Adoptive Placement - Treatment Facility Placement 5 Shelter Care Placement 1 Foster Care Placement 10 Parent Placement 2 Fictive Kin - Guardianship 4 Kinship - Page 3 of 3 Page 16 of 178 Oneida Fa11tify Stppo11 Ser!)ices Local Adoption Resources If you have more questions you may contact: Lutheran Social Services of WI & Upper MI; 3003 AN. Richmond Street, Appleton 54911 Phone: 920 -730-1322 Family Services Post-Adoption Resource Center; 300 Crooks A Guide to Adopting a Native American Child Street, Green Bay Phone: 920-4364360 x1264 Foster Care and Adoption Resource Center, 6682 West Greenfield Avenue, Suite 310 TY:lilwaukee WI 53214 Phone: 414-475-1246 Oneida Social Services 2640 West Point Road Green Bay, WI 54304 Child Placement Coordinator Phone: 920-490-3822 Fax: 920-90-3799 Toll Free 1-888-490-2457 Oneida Social Services Telephone: 920-490-3700 Page 17 of 178 Introduction to Adoption Tax Credit: • Benefits are not income based • A monthly financial payment to assist in • time Federal Adoption Tax Credit (based on meeting financial demands-not to exceed The following guide is a very brief intro- income). Speak to your tax consultant about $2,000 duction to adoption resources and infor- this for more information or visit: https://www.nacac.org/taxcredit/taxcredit.ht mation. • Adoption Assistance also includes Medical As- ml or call: 651-644-3036 sistance eligibility through Wisconsin's Medi- For more information and guidance, please contact: Foster Care and Adoption Resource Center at 414-475-1246 caid Program. If a family's health plan fails to provide coverage, the Wisconsin Medicaid Pro- or visit: www.wifostercareandadoption.org/ Adoption Cost Reimbursement: • gram may cover some necessary health care may be reimbursed up to a maximum of Financial Adoption Support: Eligibility Requirement: Child must be Native American The costs incurred during the adoptions process (fees, court costs, attorney fees, etc.) costs. • Adoptive parents are also eligible for a one $2000 through adoption assistance. This • Adoption Assistance may continue until 18 or claim must be submitted within two years 19 years & child is enrolled as a full-time high from the date of the adoption finalization. school student. • the licensed adoption agency you choose) will submit the necessary Adoption Assistance application materials to the Department of Children and Families for eligibility determination. • • The adoption social worker (through Adoption assistance should be re- quested before the adoption becomes final. The form to complete and return address can To learn more about the Adoption Assistance Pro- be obtained by asking your adoption worker gram, visit: wifostercareandadoption.org/ or call: or by calling 866-666-5532. 414-475-1246 ***Oneida Nation Social Services does not process adoptions, but does assist with Kinship and Foster Care Services Page 18 of 178 10146 Federal Register /Vol. 80, No. 37 I Wednesday, February 25, 2015 /Notices ENFORCEMENT ACTIONS TAKEN BY TSA IN CALENDAR YEAR 2014-Continued TSA Case number/type of violation Penalty proposed/assessed TSA Case# 2014JAD0082-TWJC-Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$4,000. TSA Case# 20141AD0083--TWIC-Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$2,000. impaired persons may access these numbers through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number). revitalization planning contemplates not only the conversion of assistance pursuant to RAD, but also to supplement such converted projects by project-basing additional voucher DEPARTMENT OF HOUSING AND Background and Action , assistance. SFHA has submitted a URBAN DEVELOPMENT The RAD statute (Pub, L. 112-55, waiver request that seeks permission to [Docket No . FR-5851-N-Q1] approved November 18, 2011) gives apply the Applicable Alternative HUD authority to waive or specify Tenanting Requirements to all units in Rimtai Assistance Demonstration alternative requirements for, among those projects with assistance converted (RAD)-Aiternative Requirements or other things, section 8(o)(13) of the under RAD. HUD has granted that Waivers: Waiving and Specifying United States Housing Act of 1937 (the request, subject to certain conditions Alternative Requirements for the 20 1937 Act). In order to utilize this which SFHA has ·agreed to carry out. Percent Portfolio Cap on Project· authority, the RAD statute requires HUD Dated: February 13, 2015. Basing and Certain Tenant Protection to publish by notice in the Federal and Participation Provisions for the Jemine A. Bryon, Register any waiver or alternative San Francisco Housing Authority's requirement no later than 10 days before Acting Assistant Secretary for Public and Indian Housing. RAD Projects the effective date of such notice. This Biniam T, Gebre, notice meets this publication AGENCY: Office ofthe Assistant Acting Assistant Secretary for Housingrequirement. Secretary for Public and Indian Federal Housing Commissioner. On July 2, 2013, notice 2012-32 RevHousing, and Office ofthe Assistant [FR Doc. 2015-Q3780 Filed 2-24-15; 6:45am] Secretary for Housing-Federal Housing 1(as corrected by the technical correction issued February 6, 2014) · BILLING CODE 421o-67-P Commissioner, HUD. ("the revised notice") superseded PIH ACTION: Notice. Notice 2012-32. The revised notice is found at the followingURL: http:// DEPARTMENT OF THE INTERIOR SUMMARY: The RAD statute gives HUD portal.hud.gov/hudportal/HUD?src=l authority to establish waivers and program_ offices/public_indian_ Bureau of Indian Affairs alternative requirements. Pursuant to this authority, HUD has waived, to date, housing/publications/notices/2012, [K0010~ 12i13 A3A10; 134D0102DRThe revised notice at section 1.9, the statutory 20 percent cap on projectDS5A300000-DR.5A311.1A000113] "Portfolio paragraph F, entitled basing of a PHA's tenant-based voucher new option of Awards," also sets forth a Guidelines for State Courts and fundirtg .for RAD-converted units. This a "portfolio award," which allows PHAs Agencies In Indian Child Custody notice advises that HUD is waiving for to apply for RAD conversions affecting Proceedings the San Francisco Housing Authority a group of projects. This type of award (SFHA), to a limited extent and subject AGENCY: Bureau of Indian Affairs, to certa~n conditions, the 20 percent cap is meant to enable PHAs to create a Interior. comprehe~sive revitalization plan for · on project-basing and certain other multiple buildings they oversee. SFHA ACTION: Notice,. provisions governing project-based has submitted an application for a assistance with respect to an identified SUMMARY: These updated guidelines portfolio award under RAD. 'portfolio that includes RAD funding. provide guidance to State courts and The revised notice contains a waiver These waivers are in response to plans child· welfare agencies implementing the of 8(o)(13)(B) and other sections ofthe submitted by SFHA to address capital. Indian Child Welfare Act's (ICWA) 1937 Act. Section 1.6, "Special needs o'fthe portfolio ~nd preserve provisions in light of written and oral · Provisions Affecting G:onversions to · avaihible affordable housing for the comments received during a review of PBVs," atparagraphA.1, allows a SFHA's jurisdiction. Without this the Bureau of Indian Affairs (BIA) project that converts from one form Of waiver, SFHA states that its plan for Guidelines for State Courts in Indian rental assistance to another under RAD improving its affordable housing Child Custody Proceedings published in to exceed the 20 percent project-basing portfolio with RAD would not be 1979, They also reflect cap. Section 1.6.A.2 allows sets workable, and the conversion of units recommendations made by the Attorney alternate requirements for the percent under RAD would not be effective for its limitation on the number of units in a General's Advisory Committee on purpose. project that may receive PBV assistance. American Indian/Alaska Native DATES: Effective Date: March 9, 2015, Children Exposed to Violence and Section 1.6.C. sets forth alternative FOR FURTHER INFORMATION CONTACT: significant developments in requirements for resident rights and Janet Golrick, Acting Director of the participation, (Collectively, the waivers jurisprudence since rcwA's inception. Office of Recapitalization, Office of and alternative requirements set forth in The updated BIA Guidelines for State Housing, Department of Housing and Courts and Agencies in Indian Child Sections 1.6.A.1, 1.6.A.2 and 1.B.C are Urban Development, 451 7th Street SW., referred to herein as the "Applicable Custody Proceedings promote Washington, DC 20410-7000; telephone Alternative Tenanting Requirements.") compliance with ICWA's stated goals number 202-708-0001 (this is not a tolland provisions by providing a As part of its application for a portfolio award, SFHA's comprehensive framework for State courts and child free number), Hearing- and speech[FR Doc. 2015-Q3796 Filed 2-24-15; 6:45am] BILLING CODE 911lHl&-P Page 19 of 178 Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices welfare agencies to follow, as well as best practices for ICWA compliance. Effective immediately, these guidelines supersede and replace the guidelines published in 1979, DATES: These guidelines are effective on February 25, 2015. Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) (citing H. Rep. 95-1386 at 24). Following ICWA's enactment, in July 1979, the Department of the Interior 10147 III. Summary ofUpdates The 1979 guidelines included "commentary" for each section, which was intended to explain the requirements of each section. The updated guidelines are clearer, making the commentary unnecessary. Recognizing the important role that child welfare agencies play in ICWA compliance, these updated guidelines broaden the audience of the guidelines to include both State courts and any agency or other party seeking placement of an Indian child. The guidelines · identify procedures to address circumstances in which a parent desires anonymity in a voluntary proceeding. Those procedures clarify that a parent's desire for anonymity does not override the responsibility to comply with ICWA. The guidelines also establish that agencies and courts should document their efforts to comply with ICWA. The following paragraphs include sectionby-section highlights of the substantive updates that these guidelines make to the 1979 version. (Department) issued regulations addressing notice procedures for involuntary child custody proceedings FOR FURTHER INFORMATION CONTACT: involving Indian children, as well as Hankie Ortiz, Deputy Director-Indian governing the provision of funding for Services, Bureau oflndian Affairs, U.S. and administration oflndian child and Depi;U'tment of the Interior, 1849 C family service programs as authorized Street, NW., Washington, DC 20240, by ICWA. See 25 CFR part 23. Those (202) 208-2874; hankie.ortiz@bia.gov. regulations did not address the specific requirements and standards thatiCWA SUPPLEMENTARY INFORMATION: imposes upon State court child custody I. Background proceedings, beyond the requirements These updated BIA guidelines for contents ofthe notice. Also, in 1979, provide standard procedures and best the BIA published guidelines for State practices to be used in Indian child courts to use in interpreting many of welfare proceedings in State courts. The ICWA's requirements in Indian child updated guidelines are issued in custody proceedings. 44 FR 67584 (Nov, response to comments received during 26, 1979). Although there have been several listening sessions, written significant developments in ICWA comments submitted throughout 2014, jurisprudence, the guidelines have not and recommendations of the Attorney been updated since they were originally General's Advisory Committee on published in 1979. Much has changed American Indian/Alaska Native in the 35 years since the original Children Exposed to Violence. guidelines were published, but many of Section A. General Provisions (formerly, Congress enacted ICWA in 1978 to the problems that led to the enactment entitled "Policy") address the Federal, State, and private ofiCWA persist. agency policies and practices that The updated guidelines add several In 2014, the Department invited resulted in the "wholesale separation of provisions to section A, to provide comments to determine whether to Indian children from their families." H. better context for the guidelines and update its guidelines and what changes clear direction on implementing the Rep. 95-1386 (July 24, 1978), at 9. Congress found "that an alarmingly high should be made. The Department held guidelines. For example, this section percentage ofindian families ru·e broken several listening ·sessions, including includes definitions of key terms used sessions with representatives of throughout the guidelines, such as up by the removal, often unwarranted, of their children from them by nontribal federally recognized Indian tribes, State "active efforts" and "child custody court representatives (e.g., the National public and private ·agencies and that an proceeding." The phrase "active efforts" Council of Juvenile and Family Court alarmingly high percentage of such has been inconsistently interpreted. The children are placed in non-Indian foster Judges and the National Center for State guidelines' definition is intended to Courts' Conference of Chief Justices and adoptive homes and institutions provide clarity-particularly in Tribal Relations Committee), the establishing that "active efforts" require . . , . " 25 U.S.C. 1901(4). Congress National Indian Child Welfare a level of effort beyond "reasonable determined that cultural ignorance and Association, and the National Congress efforts." biases within the child welfare system of American Indians. The Department Section A also includes an were significant causes ofthis problem received comments from those at the applicability section, which and that state administrative and listening sessions and also received incorporates many of the provisions of judicial bodies "have often failed to recognize ·the essential tribal relations of written comments, including comments the 1979 guidelines' section B.3. In from individuals and additional addition, section A: Indian people and the cultural and organizations, such as the Christian • Clarifies that agencies and State social standards prevailing in Indian Alliance for Indian Child Welfare and courts must ask, in every child custody communities and families." 25 U.S.C. the American Academy of Adoption 1901(5); H. Rep. 95-1386, at 10. proceeding, whether ICWA applies; Attorneys. An overwhelming proportion • Clarifies that courts should follow Congress enacted ICWA to "protect the of the commenters requested that the ICWA procedures even when the Indian best interests oflndian children and to Department update its ICWA guidelines child is not removed from the home, in promote the stability and security of and many had suggestions for revisions order to allow tribes to intervene as Indian tribes and families by that have been included. The establishing minimum Federal early as possible to assist in preventing Department reviewed and considered a breakup of the family; and standards for the removal of Indian each comment in developing these • Provides that, where agencies and children from their families and the revised Guidelines. · State courts have reason to know that a placement of such children in foster or child is an Indian child, they must treat adoptive homes or institutions which II. Statutory Authority that child as an Indian child unless and will reflect the unique values of Indian The Department is issuing these until it is determined that the child is culture." H. Rep. 95-1386, at 8. ICWA not an Indian child. thus articulates a strong "federal policy updated guidelines under ICWA, 25 These clarifications are necessary to U.S.C. 1901 et seq., and its authority that, where possible, an Indian child ensure that the threshold question for over the management of all Indian should remain in the Indian determining whether ICWA applies (is affairs under 25 U.S. C. 2. community." Mississippi Band of I Page 20 of 178 10148 Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices This section also clarifies how the child an Indian child?) is asked, and efforts" begins. ICWA requires "active efforts to provide remedial services and guidelines apply if the child is asked as soon as possible. If such transferred interstate, rehabilitative programs designed to inquiry is not timely made, a court The updated guidelines expand upon proceeding may move forward without prevent the breakup of the Indian the emergency procedure provisions In appropriate individuals aware that family." See 25 U.S.C. 1912(d). The light of evidence that some States ICWA applies and that certain updated section B clarifies that active procedures must be followed. Tragic efforts must begin from the moment the routinely rely upon emergency removals and placements in a manner that consequences may result. possibility arises that the Indian child bypasses implementation ofiCWA. See The up.dated guidelines also add a may be removed. This updated section Oglala Sioux Tribe v. Hunnik, Case No. section regarding how to contact a tribe, also clarifies that active efforts should 5:13-cv-05020-]LV, Amicus Brief of the in cas~;J the agency or State court is be conducted while verifying whether United States, at *5-6 (D,S.D, Aug, 14, unfamiliar with whom to contact, the child is an Indian child; this 2014) (involving allegations that: (1) Section A is intended to make clear clarification ensures compliance with that there is no existing Indian family Defendants are conducting perfunctory ICWA in cases in which the status of (ElF). exception to application of ICWA. whether the child is an Indian child is 48-hour .hearings that do not adequately The EIF doctrine is a judicially-created gather or evaluate information necessary not verified until later in the to determine whether emergency exception to the application of ICWA. proceedings. Since first recognition of the EIF in removals or placements should be Section B adds a new paragraph 1982, the majority of State appellate clarifying that the tribe alone retains the · terminated, and that the orders issued at · courts that have considered the EIF have responsibility to determine tribal the end of the 48-hour hearing do not rejected it a,s contrary to the plain adequately instruct State officials to membership. This section makes clear language ofiCWA. Some State return the child to the home as soon as that there is no requirement for the legislatures have also explicitly rejected child to have a certain degree of contact the emergency has ended; (2) the EIF within their State ICWA Defendants are violating the Due with the tribe or for a certain blood Process Clause by preventing parents statutes. The Department agrees with degree, and notes that a tribe may lack from testifying, presenting evidence, or the States that have concluded that written rolls. The updated guidelines cross-examining the State's witnesses at there is no existing Indian family delete the provision allowing BIA, in the 48-hour hearing; and (3) parents are exception to application oflCWA. lieu of the tribe, to verify the child's Section A also clarifies that ICWA and status. This provision has been deleted not being provided adequate notice or the guidelines apply in certain because it has become increasingly rare the opportunity to be represented by voluntary placements. appointed counsel and that the State · for the BIA to be involved in tribal courts are issuing orders to remove membership P.eterminations, as tribes Section B. Pretrial Requirements Indian children from their homes See determine their own membership. Th~ updated guidelines, and section B e.g., Santa Clara Pueblo v. Martinez, 436 without basing those orders on evidence in particular, promote the early adduced in the· hearing). Because ICWA U.S. 49 (1978). ("Congress' authority identification ofiCWA applicability. was intended to 'help prevent the over Indian matters is extraordinarily Such identifications will promote breakup of Indian families; therefore, broad, and .the role of courts in adjusting emergency removals· and emergency proper implementation of ICWA at an relations between and among tribes and early stage, to prevent-as much as placements of Indian children should be their members correspondingly possible-delayed discoveries that seyerely limited, applying only in restrained,") BIA may assist in ICWA applies. Often, those circumstances involving imminent contacting the tribe to ensure a circumstances resulting from delayed physical damage or harm. The updated determination, however . . discoveries have caused heartbreaking section B clarifies that the' guidelines for The updated section B also expands separations and have sometimes led to emergency removal or placement apply upon procedures for determining a noncompliance 'with ICWA's regardless of whether the Indian child is requirements. By requiring agencies and child's tribe in the event that more than a resident of or domiciled on a one tribe is identified as the child's courts to consider, as early as possible, reservation. This section also explicitly tribe. Specifically, it changes the criteria states the standard for determining . whether ICWA applies, the updated for determining with which tribe the·.· guidelines will ensure that proper whether emergen·cyremoval or child has "significant contacts," adding emergency placement is appropriate~ · notice is given to parents/Indian. . that the parents' preference for custodians and tribes, that tribes have i.e,, whether itis necessary to prevent membership will be considered, and · the opportunity to interven·e or take iniini'nent physical damage or harm to . deleting factors that are subjective or jurisdiction over proceedings, as the child~and provides examples. The ·appropriate, and that ICWA's placement inapplicable to infants. guidelines clearly state that the With regard to providing notice to emergency removal/placement must be preferences are respected. Indian tribes and the child's parents/ With regard to early discovery, as short as possible, and provides section B requires agencies and courts to Indian custodians, the updated section guidance on ho)'V' to ensure it is as short consider whether the child is an Indian B: as pos'sible. It also shortens the time • Clarifies that notice is required for child, and sets out the steps for period for temporary custody without a each proceeding (not just for the first or hearing or extraordinary circumstances verifying the tribe(s) and providing last proceeding); notice to the parents/Indian custodians from 90 days to 30 days. This shortened • States that notice must be sent, at a timeframe promotes ICWA's important and tribe(s). Section B also adds , guidance regarding the evidence a court minimum, by registered mail, return goal of preventing the breakup of Indian may require an agency to provide ofthe receipt requested, and that personal families, agency's investigations into whether the service or other types of service may be Section.C. Procedures for Transfer to in addition to, but not in lieu of, such child is an Indian child. Tribal.Court mail; and With regard to application of ICWA, The updated section C deletes the • Clarifies that the tribe has the right the updated section B clarifies when the requirement that requests to transfer to to intervene at any time. Act's requirement to conduct "active Page 21 of 178 Federal Register /Vol. 80, No. 37/Wednesday, February 25, 2015 /Notices 10149 custodians and tribes have the preferences are available. The updated opportunity to examine information section F requires that: necessary to protect their rights under • The agency bears the burden of proof if it departs from any ofthe ICWA. This updated section also expands significantly on how to comply placement preferences and must demonstrate that it conducted a diligent with the Act's "active efforts" requirement. Specifically, the updated search to identify placement options · guidelines: that satisfy the placement preferences, • Require demonstration that "active including notification to the child's parents or Indian custodians, extended efforts" were made, not only "prior to" family, tribe, and others; and the commencement of the proceeding, • The court determines whether but also "until" the commencement of "good cause" to deviate from the the proceeding; placement preferences exists before • Require documentation of what departing from the placement "active efforts" were made; and preferences. Require a showing that active efforts The updated section F also adds have been unsuccessful. The updated section D also provides guidance provisions to ensure that "good cause" regarding how to identify an appropriate determinations are explained to aU "qualified expert witness." Commenters parties and documented, indicated that some States rely on · Evidence suggests that "good cause" has been liberally relied upon to deviate witnesses' qualific~tions as child care specialists, or on other areas of from the placement preferences in the expertise, but do not require any expert past. Commenters noted that, in some knowledge related to the tribal cases, a State court departed from the community. The updated guidelines placement preferences because an establish a preferential order for Indian child has spent significant time witnesses who are experts in the culture in a family's care, despite the fact that and customs of the Indian child's tribe. the placement was made in violation of This will ensure that the expert witness ICWA. The guidelines attempt to with the most knowledge of the Indian prevent such circumstances from arising child's tribe is given priority. by encouraging early compliance with ICWA (see sections A and B, in Section E. Voluntary Proceedings particular). The guidelines also specify ICWA applies to voluntary in section F that "good ·cause" does not proceedings that operate to prohibit an include normal bonding or attachment . Indian child's parent ()r Indian that may have resulted from a custodian from regaining custody of the placement that failed to comply with · child upon demand; nevertheless, the Act. As in other parts of the evidence suggests thatiCWA is guidelines, this section clarifies that ·an sometimes ignored or intentionally independent consideration of the child's bypassed in voluntary proceedings. The "best interest" is inappropriate for this updated section E clarifies that, even in determination because Congress has voluntary proceedings, it is necessary to already addressed the child's best determine whether ICWA applies, and interest in ICWA. Because ICWA does to comply with ICWA's provisions. To· not allow for consideration of socioensure that parents and Indian economic status in the placement custodians understand the significance preferences, this section also now of their consent, the updated section E clarifies that the court may not depart requires the consent document to from the preferences based on the:socioidentify any conditions to the consent economic status of one placement and requires the court to explain the relative to another, except in extreme consequences of the consent before its circumstances. execution. It also addresses steps for Section G. Post-Trial Rights withdrawal of consent. The updated ICWA is intended to protect the section E further restates the statutory rights, not only ofindian children, restriction that a consent given prior to parents and Indian custodians, but also or within 10 days after birth of an oflndian tribes. The updated guidelines Indian child is not valid. establish that an Indian child, parent or Section F. Dispositions Indian custodian, or tribe may petition Section D. Adjudication of Involuntary The updated guidelines provide more to invalidate an action if the Act or Placements, Adoptions, or Terminations information regarding when and how to guidelines have been violated, or Terminations of Parental Rights apply ICWA's placement preferences for regardless of which party's rights were foster and adoptive placements. In some violated. This approach promotes The updated section D establishes compliance with ICWA and reflects that cases, agencies fail to conduct any that parties have the right to examine ICWA is intended to protect the rights records and reports in a timely manner; investigation of whether placements of each of these parties. that conform to ICWA's placement this ensures that parents/Indian tribal court be made "promptly after receiving notice of the proceeding" because there is no such requirement in ICWA. Instead, the updated guidelines clarify that the right to transfer is available at any stage of a proceeding, including during an emergency removal. The updated section C also clarifies that the right to request a transfer occurs with each distinct proceeding. ICWA contains no restriction on the right to request a transfer occurring at the first, last, or any specific child custody proceeding. A tribe may decide that transfer is not appropriate until it reaches the stage where parental termination is being determined. The updated section C also updates the ''good cau~e" factors for denying transfer to tribal court. The· updated criteria are more general; in summary, good cause may be found if either parent objects, the tribal court declines, or the State court otherwise determines that good cause exists. The updated . guidelines specifically omit some ofthe factors that were the basis for finding that "good cause" exists under the 1979 guidelines. One such factor that should no longer be considered is whether the proceeding was at an advanced stage. As mentioned above, there may be valid reasons for waiting to transfer a proceeding uritil it reaches an advanced stage. Another factor that should no longer be considered is the level of contacts the child has had with the tribe-this factor unnecessarily introduces an outsider's evaluation of . the child's relationship with the tribe and cannot sensibly be applied to infants. The updated guidelines also specify that it is inappropriate to conduct an . independent analysis, inconsistent with ICWA's placement preferences, of the "best interest" of an Indian child. The provisions of ICWA create a presumption that ICWA's placement preferences are in the best interests of Indian children; therefore, ail independent analysis of "best interest" would undermine Congress's findings. Fin.ally, the updated guidelines provide that the tribal court's prospective· placement of an Indian child should not be considered, because it invites speculation regarding the tribal court's findings and conclusions and, therefore, undermines the independence of tribal court decision making. Page 22 of 178 I ! 10150 Federal Register /Vol. 80, No. 37 /Wednesday, Febmary 25, 2015 /Notices 1. Who has access to reports or records? Adults who had been adopted by non2. What steps must a party take to petition Indian families and seek to reconnect a State court for certain actions involving with their tribes often face significant an Indian child? hurdles in obtaining needed 3. What are the applicable standards of information. The updated guidelines evidence? attempt to protect those adults' rights to 4. Who may serve as a qualified expert obtain information about their tribal witness? relationship by specifying that, even in E. Voluntary Proceedings 1. What actions must an agency and State States where adoptions remain closed, court undertake in voluntary the relevant agency should facilitate proceedings? communication directly with the tribe's 2. How is consent obta1ned? enrollment office. 3. What information should the consent The guidelines also recommend that document contain? courts work with tribes to identify tribal 4. How is withdrawal of consent achieved. designees who can assist adult adoptees in a voluntary foster care placement? to connect with their tribes. . 5. How is withdrawal of consent to a voluntary adoption achieved? Finally, the updated' guidelines clarify that the requirement to maintain records F. Dispositions 1. When do the placement preferences· on foster care, preadoptive placement apply? and adoptive placements applies not 2. What placement preferences apply in only in involuntary proceedings, but adoptive placements? also in voluntary proceedings. 3. What placement preferences apply in (1) Engaging the Indian child, the Indian child's parents, the Indian child's extended family members, and the Indian child's custodian(s); (2) Taking steps necessary to keep siblings together; (3) Identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining such services; (4) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate; (5) Conducting or causing to be conducted a diligent search for the · Indian child's extended family members for assisto.nc:;e and possible placement; (6) Taking into account the Indian child's tribe's prevailing social and cultural conditions and way of life, and requesting the assistance of · representatives designated by the Indian child's tribe with substantial knowledge foster care or preadoptive placements? IV. Guidance 4. How is a determination for "good cause" of the prevailing social and cultural standards; to depart from placement procedures These guidelines supersede and (7) Offering and employing all made? replace the guidelines published at 44 available and culturally appropriate G. Post-Trial Rights FR 67584 (November 28, 1979). 1. What is the procedure for petitioning to family preservation strategies; Guidelines for State Courts and Agencies in vacate an adoption? (8) Completing a comprehensive Indian Child Custody Proceedings 2. Who can make a petition to invalidate assessment of the circumstances ofthe an action? A. Genetal Provisions Indian child's family,with a focus ori 3. What are the rights of adult adoptees? 1, What is the purpose of these guid~linesr . safe reunification as the most desirable 4, When must notice of a change in child's 2. What terms do I need to know? goal; status be given? 3, When does ICWA apply? (9) Notifying and consulting with 5, What information must States furnish to 4. How do I contact a tribe under these extended family members of the Indian the Bureau of Indian Affairs? guidelines? child to p·rovide family structure and 6. How must the State maintain records? 5, How do these guidelines interact with support for the Indian child, to assure State laws? · Guidelines for State Courts and cultural connections, and to serve as · B.-Pretrial Requirements Agencies in fudilin Child Custody 1. When does the requirement for active placement resources for the Indian Proceedings efforts begin? child; 2. What actions must an agency and State (10) Making arrangements to provide A. General Provisions . court undertake to determine whether a 'family interaction in the·most natural A.1. What is the purpose of these child is an Indian child? setting that ·can ensure the Indian 3. Who niakes the determination as to guidelines? ·child's safety during any necessary whether a child is a menibm' of a tribe? These guidelines clarify the minimum removal; 4. What is the procedure for determining · (11) Identifying community resources an hidian child's tribe when the child is · Federal standards, and best practices, . governing implementation of the Indian including housing, financial, il member or !lligible for membership in Child Welfare Act (ICWA) to ensure that ·transportation, mental health, substance more than one tribe? ICWA is applied in all States consistent abuse, and peer support services and 5, .When must a State court dismiss an · action? with the Act's express language, actively assisting the Indian child's 6. What are the notice r~quirementsfor a Congress' intent in enacting the statute, ·. parents or extended family in utilizing . child custody prQceoding involving an and the canon of construction that and accessing those·resources; . Indian child? . statutes enacted fbr the benefit of · · (12) Monitoring progress and 7. What time limits and extensions apply? participation in services; Indians are to be liberally construed to 8. What is the process for emergency . (13) Providing·consideration of their benefit. In order to fully· removal of an Indian child? alternative ways of addressing the needs 9. Wliat are the procedures for determining implement ICW A, these guidelines ofthe Indian child's parents and should be applied in all proceedings improper removal? and stages of a proceeding in which the extended family, if services do not exist C. Procedures for Making Requests for Transfer to Tribal Court or if existing services are not available; Act is or becomes applicable. 1. How are petitions for transfer of (14) Supporting regular visits and trial A.2. What terms do I need to know? proceeding made? home visits of the Indian child during 2. What are the criteria and procedures for Active efforts are intended primarily any period of removal, consistent with ruling on transfer petitions? to maintain and reunite an Indian child the need to ensure the safety of the 3. How is a determination of "good cause" with his or her family or tribal · child; and made? community and constitute more than (15) Providing post-reunification 4. What happens when a·petition for reasonable efforts as required by Title · services and monitoring. transfer is made? IV-E of the Social Security Act (42 "Active efforts" are separate and D. Adjudication of Involuntary Placements, U.S.C, 671(a)(15)). Active efforts distinct from requirements of the Adoptions, or Terminations of Parental include, for example: Adoption and Safe Families Act Rights L r I Page 23 of 178 Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices 10151 (ASFA), 42 U,S,C, 1305. ASFA's children adopted by non-Indians on the paternity in the action at issue or establishing paternity through DNA tribes themselves. I d. at 49. exceptions to reunification efforts do Extended family member is defined not apply to ICWA proceedings. testing. Reservation means Indian country as Agency means a private State-licensed by the law or custom of the Indian defined in 18 U,S,C 1151, including any child's tribe or, in the absence of such agency or public agency and their law or custom, is a person who has lands, title to which is held by the employees, agents or officials involved United States in trusl for the benefit of reached the age of eighteen and who is in and/or seeking to place a child in a any Indian tribe or individual or held by the Indian child's grandparent, aunt or child custody proceeding. any Indian tribe or individual subject to uncle, brother or sister, brother-in-law Child custody proceeding means and a restriction by the United States against or sister-in-law, niece or nephew, first includes any proceeding or action that alienation. or second cousin, or stepparent, involves: Secretary means the Secretary of the Immine.nt physical damage or harm (1) Foster care placement, which is Interior or the Secretary's authorized means present or impending risk of any action removing an Indian child serious bodily injury or death that will . representative acting under delegated from his or her parent or Indian authority,' custodian for temporary placement in a result in severe harm if safety Status offenses mean offenses that intervention does not occur. foster home or institution or the home would not be considered criminal if Indian means any person who. is a of a guardian or ccinst;Jrvator where the member of an Indian tribe, or who is an committed by an adult; they are acts parent. or Indian custodian cartnot have prohibited only because of a person's Alaska Native and a member of a · the child returned upon deman'' Honoring '·,> : ... ' ' .. ·. w()iji" QvsSmoke Dance +18 Sponsored by Kafiyah Eiear Family . Owl Dance Spe~i~l Sponsored by Arglna Blackowl Artwork by Argina Biackowl & Joss Metoxen Vendors Welcome All vendors will be !assignad ~ spqt after ·payment is received. First come first assigned for paymeqts please call: 920-496-5311. Please call 920-494-730Pto/reserve a room at the Radisson. Please a~~ for Pow-wow Room Block. For more information please contact: Tanya Webster at 920-362-5425 or Rosa Laster at 920-548-0122 Page 82 of 178 Page 83 of 178 Oneida Business Committee Agenda Request I 26 I 17 1. Meeting Date Requested: 2. General Information: Session: ~ Open AgendaHeader: D Executive- See instructions for the applicable laws, then choose one: LIR_e_p_o_rt_s__________________________________________________________~ D Accept as Information only D Action - please describe: Requesting approval for Oneida Nation Veterans Advisory Committee (ONVAC) 1st Quarterly ReportOctober, November, December 2016. 3. Supporting Materials ~ Report D Resolution D Contract D Other: 1. 3. 2. 4. D Business Committee signature required 4. Budget Information ~ Budgeted -Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: Primary Requestor/Submitter: IJennifer Webster, Council Member Michael Hill, Chairman --------~---------------------------------------------- Your Name, Title I Dept. or Tribal Member Additional Requestor: John L. Breuninger, Secretary Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 Page 84 of 178 Oneida Nation Oneida Veteran Affairs Committee 134 Riverdale Dr. Oneida, WI 54155 Michael Hill - Chairman James Martin - Vice Chairman John L. Breuninger, Secretary Arthur Cornelius Gerald Cornelius Floyd J. Hill Kenneth House Nathan Smith Carol Silva r-'\ :000000= ONEIDA Kerry Metoxen - Veterans Service Officer Carolyn Miller - Benefits Specialist Jennifer Webster - OBC Liaison ONVAC 1st Oumierly Repmi Oct, Nov, Dec 2016 DueJan 17,2017 MEETINGS: October 11, 2016 November 8, 2016 December 13, 2016 Purpose : The purpose of the ONVAC is to serve as an advisory body to the Oneida Veterans Service Office in all matters related to the Oneida Tribe Veteran's rights and benefits and veterans affairs issues, and to protect the honor and integrity of the Oneida Tribe and all veterans who served honorably in the United States Armed Forces. It shall be the purpose ofthe ONVAC to provide advice and constructive input to the veterans Service Office Director on all veterans' affairs and/or issues in order that the Office can formulate veteran services and programs for the Oneida Veterans. ONVAC coordinates veteran events with the assistance ofthe Veterans Service Office and other organized groups that are representatives of Oneida Veterans and the Oneida Tribe. Summary Points October 2016 thru December 2016 BUDGET: As of December 31, 2016, ONV AC has spent approximately $1,200.00 which is in compliance with the Treasure's Memorandum regarding FY2017 budget. At the time of this submission, the December R&E has not been received and this amount is an estimate. JOSIAH POWLESS MEMORIAL: The ONVAC has included the grandchildren of Dr. Powless (Roy Huff and Betty Bins) in several meetings within which the proposed memorial has been discussed. We are working on information for an engraved plaque, and/or a "head-stone" type monument similar in comparison of the one for Dr. Minoka Hill, cmTently located at the Oneida Community Health Center. Presently working with the Health Center Executive Committee on this project. Page 85 of 178 In addition, still working on the previous medal to upgrade to Medal Of Honor. Takes approximately 5 years to go thru the process. John L. Breuninger to continue to work on this project. LAND MANAGEMENT: ONV AC & Veterans Service Officer, Mr. Kerry Metoxen are still working with Land Management regarding transferring or allocating the Veterans Memorial site to the Veterans Department. The Oneida Land Commission has approved this transfer of land and the necessary paperwork is cunently being completed by the Land Management staff. VETERAN SERVICE OFFICE: ONV AC continues to work with the VSO on : 1. The development and implementation of an Oneida Veteran Data Base. Our intent is to get an accurate as possible listing of all of our Oneida Veterans. 2. Assisting our Communities' Veterans and Veteran Organizations. 3. Continuous upgrading and maintenance on the Veteran's Memorial Site along HWY 54. The ONVAC wishes to thank the Depatiment of Public Works (DPW) and the Tourism Depatiment for their continued support with our effmis. 4. Selling and acquiring and installation of "pavers" for Veterans at the Memorial Site. As of 4-12-16 we have a total of 24 7 pavers. 5. ONVAC continues to work with the VSO to have all Civil War headstones replaced at all local cemeteries. This is a continuing process. 6. The ONV AC and VSO continue to collaborate with all of the Oneida Veterans Organizations in serving as Honor and Color Guards for GTC and other Organizational Meetings, external Veterans Activities, meetings, funerals, etc. 7. ONV AC and the VSO are also communicating and coordinating Veteran Events with the SEOTS Veterans organization. SPECIAL EVENTS WILD GAME FEAST: Mr. George Greendeer met the necessary criteria, was selected and actually had a successful "bear hunt" in September. On November 22,2016 the Oneida Nations Veterans hosted a "Wild Game Feast" for the Oneida Community. The menu consisted of Bear meat donated by Mr. Greendeer, Venison, Duck, Goose, fry bread, corn soup and multiple desserts. Many Community members donated and patiicipated in the Feast. The ONV AC prepared food boxes for fourteen of our Veterans who are currently in the Anna John Nursing Home. These boxes were delivered personally to our "vets" by our members. r"'\ =OODQOC) A good mind. A good hea rt. A strong fire. ONEIDA Page 86 of 178 With the positive action by the ONVAC, VSO, Oneida Business Committee and the Legislative Operating Committee, the Oneida Nation Flag Policy is now ready for OBC approval. Our "thanks" go to all who have been involved in this most imp01iant legislation. Implementation plans will begin ASAP and the Veteran's Flag Protocol will also be developed ASAP. ONV AC remains engaged in extracurricular activities within our Oneida Community and have assisted the Veterans Service Officer with Veterans Meetings, celebration meals, etc. Attendance at these events have been very good and it is great to have our Community Veterans participating in these events, along with their respective families. GOALS AND OBJECTIVES It is the Mission of ONV AC to ensure the Oneida Veterans are provided with quality service and assistance in the delivery of entitlement and benefits due the Oneida Veteran and their families. ONV AC accepts the responsibility to advocate for Oneida Veterans and their families, while protecting the integrity ofthe Veteran Community of the Oneida Nation MEETING REQUIREMENTS ONVAC meetings are held the second Tuesday of each month at 5:00 pm at the Oneida Veterans Office at 134 Riverdale Drive, Oneida. ONV AC also holds "special meetings" as appropriate, to conduct business on issues of inm1ediate concern and/or is directed by the Oneida Business Committee. All meetings are open to the public. ~ 000000= A good mind. A good hear!. A strong fire. ONEIDA Page 87 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 I 26 I 17 2. General Information: Session: 181 Open D Executive- See instructions for the applicable laws, then choose one: AgendaHeader: LIR_e~p_or_t_s________________________________________________________~ D Accept as Information only 181 Action - please describe: Quarterly reports to OBC is required of ONCOA. 3. Supporting Materials 181 Report D Other: D Contract D Resolution ~------------------------------~ 1. 3. 2 4. L-------------------------------~ D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted- Grant Funded 5. Submission Authorized Sponsor I Liaison: Melinda J. Danforth, Tribal Vice Chairwoman Primary Requestor/Submitter: Patricia Lassila, ONCOA Chairwoman Your Name, Title I Dept. or Tribal Member Additional Requestor: Lois Strong, ONCOA Coordinator Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 0 Unbudgeted Page 88 of 178 ONCOA FY17 Q1 REPORT TO OBC January 2017 Period: October, November, December 2016 MISSION: ONCOA ADVOCATES FOR ALL SERVICES THAT PLACE PRIORITY ON THE WELL-BEING OF OUR ELDERS ONEIDA NATION COMMISSION ON AGING Patricia Lassila, Chairwoman Carol Elm, Member Arlie Doxtator, Vice Chairman MaryAnn Kruckeberg, Member Dale Webster, Secretary Lois J. Powless, Member Shirley Barber, Member Dorothy J. Skenandore, Member (Position available July, 2017 Election) Melinda Danforth, OBC Liaison; and Lisa Summers, Alternate OBC Liaison. Primary Focus Areas for ONCOA  Long Term Care Services & Support – Alzheimer’s & Other Dementia Diseases; Affordable & Accessible Elder Housing; Adult Day Services; Personal Care Agency  Communication -- Tribal Elders, Elder Service Staff and Community  Training & Education -- ONCOA and staff ONCOA Meetings October, November, December 2016 October 13 October 25 November 8 November 22 December 13 December 27 FINANCIALS According to the financial report for period ending November 30, 2016, ONCOA is on schedule for meeting our budget projections. MINUTES All approved minutes are submitted to the office of the Tribal Secretary monthly. PROJECTS/TRAINING/EDUCATION Treasurer’s Budget Planning – FY2017, FY2018, and FY2019. Monthly meetings are held to gain understanding of guiding strategies: Vision, Mission, Core Values, Four Strategic Directions, Seven Practical Visions and Value Based Budgeting.  American Indian & Alaska Native 2016 Long-Term Services and Supports Conference. The conference focus was on Home and Community Based Services which provides support and services in the tribal community so tribal members can remain in their homes and communities for as long as health and safety factors permit.  Long-term care services and supports are as varied as the number of tribes in the United States. You develop and grow services that your tribe needs by researching and assessing the needs of your tribe.  1 Page 89 of 178 ONCOA FY17 Q1 REPORT TO OBC January 2017 Period: October, November, December 2016  Oneida Dementia Care Specialist, Debra Miller, addressed the topic of dementia friendly communities at a plenary session. Oneida is one of three Wisconsin Tribes to receive a two year “Dementia Care Specialist” grant for two years in the amount of $80,000 annually.  “Where are we in Indian country regarding Alzheimer’s disease and related dementias” was a central theme of presentation by Carey Gleason, University of Wisconsin School of Medicine & Public Health, and Wesley Martin, Oneida Elder. Both participants mentioned the need for more statistical information on Native Americans in clinical trials. ONCOA and the UW-Madison Research center are working together to establish a satellite center in the Green Gay area where all Native Americans would have better access to registering for clinical trials to begin to determine the prevalence of Alzheimer’s in Native Americans.  Elder Tree. The Elder Tree project is an effort to spread technology that will help older adults remain independent, living in their home as long as possible. Participants will be provided an IPAD and WIFI access along with training to use the IPAD and WIFI service. This project was developed at the University of Wisconsin-Madison.  Ten adult champions from the Oneida Community have been selected to be trained on Elder Tree to help build a base of users in the community.  Elder Services and ONCOA are collaborating with University of Wisconsin - Madison to develop a Baldwin Grant which will provide access to Computer/Internet Technology and the Elder Tree Website for 25 elders who are Members of the Oneida Nation in order to improve communication; access to tribal information; establish a group of community Elder Tree Coaches; and spread the Oneida Elder Tree experience to the other 10 tribes in Wisconsin.  Status: The Baldwin Grant request was submitted in December, 2016, and grant recipients will be notified in February 2017.  Elder Village – Redesign of Phase II of ten Cottages. Affordable and accessible housing for our elders is a priority need in our community. To address this need, ONCOA played a major role in identifying the Elder Village Concept as a neighborhood that would enhance “Quality of Life” principles for elders. The cottages are unique with materials, varied layout, and are in a park-like setting with ample green space surrounding the homes. There is a trail connection to other Oneida areas like Site I, Turtle School, AJRCCC, Elder Services, Oneida Health Center, and eventually Site II. The Elder Village Homes meet the minimum ADA standards.  A project team has been formed to redesign Phase II of the next ten cottages. Representatives include the following areas: ONCOA, Oneida Housing Authority, Senior Architect, Planning and Solar Energy,  The plan is to start over with the redesign instead of modifying the existing plan and to take into account the best Quality Of Life needs for the elder. There will be some minor adjustments for the future cottages as well as considering smaller units to keep cost down. Solar panels for future homes were discussed. The bedrooms and garages need ADA clearance. We need to have a discussion about the total costs of the cottages. It’s not just about the design. For example, the bidding package could be broken down so we get more potential contractors working at the same time. 2 Page 90 of 178 ONCOA FY17 Q1 REPORT TO OBC January 2017 Period: October, November, December 2016           Status: The request for proposals notice for the architectural design was advertised. In January, the project team evaluated the proposals and submitted the results for final tabulation. Adult Day Care Services. ONCOA has identified the need for Adult Day Care Services and garages for the Tribal Elder Apartments. The Adult Day Care Service was deleted from the original ORCCC project and slated for a future development CIP. These projects are related to the development of the Lee McLester II Complex. ONCOA will be working with Elder Services to support moving these projects forward. ONCOA will start researching adult day care programs. Status Adult Day Care Services: ONCOA and Elder Services continue to work with Leanne Doxtator, Planning Office, to prepare a concept paper and CIP plan. Tribal Elder Apartment Garages. In February 2005, Elder Services started the plans for a capital improvement project request for garages for tenants occupying the Elder Service apartments. Project justification continues to be for health and safety issues. Because the existing building is located on top of a hill, it can be extremely windy with harsh weather conditions. Elders are especially susceptible to health problems caused by these conditions and it can be very difficult for elders to get to and from their vehicles in inclement weather. Status Apartment Garages: The GSD Division Director has approved and signed off on the CIP package and the project now needs approval at the OBC level. Currently there is approximately $48,000 available to continue planning for this project. Alzheimer’s Awareness and Research Initiative. In December 2014, ONCOA connected with the Wisconsin Alzheimer’s Disease Research Center after meeting representatives at the Annual Wisconsin Alzheimer’s conference. The UW-Madison’s Alzheimer Disease Research Center is one of the Nation’s leading research centers providing scientific research, resources, and expertise in Alzheimer’s disease and related illnesses. ONCOA supports Oneida tribal members to expand their awareness of Alzheimer’s disease and other dementias and to participate in the national effort to end Alzheimer’s. In May 2015, Dr. Dorothy Farrar-Edwards, Dr. Carey Gleason, Fabu Carter, and Carol Hutchinson from the University of Wisconsin School of Medicine and Public Health Alzheimer’s Disease Research Center (ADRC) met with Oneida Elders and others at the mealsite to provide Alzheimer’s Disease Information. ONCOA held a meeting with Dr. Dorothy Edwards and Dr. Carey Gleason to discuss the potential collaboration between Oneida and UW-Madison’s Alzheimer’s Disease Research Center. Potential areas of collaboration are: Training Dementia Care Specialist;Community Education; Promoting Timely Recognition of Memory Disorders; Connecting to Oneida Health Center and Anna John RCCC. The Green Bay area has a large Native population and would be ideal for a satellite center for a UW-Madison Alzheimer’s Resource Center. Alzheimer’s Clinical Trials-- ONCOA continues to work on encouraging tribal members to become participants in Alzheimer’s Clinic Trials. There is very little information on Native Americans that would indicate how prevalent the disease is in Indian Country. We can fight this disease by becoming research volunteers who provide 3 Page 91 of 178            ONCOA FY17 Q1 REPORT TO OBC January 2017 Period: October, November, December 2016 critical data needed to move science forward. Several Oneida volunteers have already signed up and are encouraging others to participate. Status: The UW-Madison Research Team submitted a grant for developing Oneida or Green Bay as an Alzheimer’s Research Satellite Center for Native Americans. We will be notified in February, 2017 when the grant recipients are notified. Long Term Care Group. A Long Term Care (LTC) group consisting of representatives from Oneida Health Center, Governmental Services, Elder Services, and ONCOA has been formed to develop a strategic LTC-Services and Supports Plan for Oneida. Out of this larger group a Core Team has been formed. Lately, the Core Team (Health Center, GSD, Elder Services, ONCOA, Law) have been meeting to work on the Tribal Only Waiver. The Tribally operated Medicaid (low income) Home and Community Based Services (HCBS) Waiver is an option for Wisconsin American Indian Tribes to provide long term supports for adults with long-term care needs in Wisconsin. This waiver is important because it aligns administration with the unique authorities of Tribal Governments, and assures that services will meet the unique needs of tribal members when meeting their long term care needs. During the past months the Waiver Plan was changed to Tribally Operated Waiver. It is expected that solutions will be developed to narrow the health care gap in critical risk areas experienced disproportionately among American Indians. The Tribal Only Waiver will allow for 100% reimbursement at the Federal level directly to tribes. The State will then not have to pay a percentage of the eligible service. We have not received any notification that the Tribal Only Waiver has been approved. Status: The Tribal Long Term Care Study Group, consisting of State and Tribal representatives, continues to work with CMS to get the Tribal Waiver approved. These are monthly meetings. Money Follows the Person (MFP) Tribal Initiative. The Centers for Medicare and Medicaid Services is offering states and tribes between $850,000 and $1.93 million in grant funding in order to build sustainable community-based Long Term Services and supports specifically for Tribal Members. Wisconsin must have an active partnership with the participating tribes or tribal organizations in order to be eligible for the grant. The project Oneida has selected to develop is a Tribal Personal Care Agency along with needed infrastructure to deliver Long Term Care services to Oneida Tribal Members. Having a Personal Care Agency will allow Elder Services and Oneida Health Center to obtain Third Party Billing Payments through Medicaid for In-Home Care and Home Chore Services. Currently, Oneida provides In-Home Care and Home Chore Services that are paid through Tribal Contribution. In the future, Elder Services could potentially increase these services utilizing the third party reimbursement received by the Tribe. ONCOA supports having a Personal Care Agency to help defray Tribal Contribution costs to the Elder Service budget. The reimbursement will come from those services provided to clients who meet low income eligibility (Medicaid) and are eligible for the COP program. The COP program will expire in December, 2017, and those services will then come through managed care. Status: A Long Term Care Core group meeting was held in January, 2017. David Larson, OCHC Ancillary Services Director, is the main person in charge of this grant for Oneida. He mentioned he has received no information to move forward. Great Lakes Native American Elders Association (GLNAEA). GLNAEA meetings are held quarterly and membership is comprised of elders from the eleven Tribes in Wisconsin. Each tribe takes a turn at sponsoring a meeting on their reservation. Tribal news and current issues in Indian country are discussed at the meetings. 4 Page 92 of 178 ONCOA FY17 Q1 REPORT TO OBC January 2017 Period: October, November, December 2016              Social interaction between the tribes is an important aspect of the association that keeps members participating in the meetings. These meetings are held quarterly with various host tribes. Each tribe handles their own notifications of dates and locations. Webinars and Training. ONCOA attends webinars that are held in the Elder Services Conference Room. These webinars pertain to services for Elders. Efforts are made to seek local training offered in Oneida and in Wisconsin to keep training expenses to a minimum. Webinars: Fighting Amphetamine & Pharmaceutical Abuse in Indian Country; AI/AN Health Marketplace Scenarios; Adaptive products for people with Vision Loss. The Active Shooter Training was mandatory and held within the Tribal system. ONCOA and staff attended. Wisconsin Tribal Aging Directors Association . ONCOA members participate in these monthly meetings. All eleven tribes belong to this association and meet to discuss Aging Issues in Indian Country and to formulate ways to best meet the needs of our Native Elders. This is a very informative meeting. This is a collaborative relationship that ONCOA has maintained with Elders Services and the other tribes since the inception of the organization. Elder Service Staff Meetings. Elder Service Staff Meetings are held on the first Tuesday of each month. Updated monthly calendar of events, speakers, and staff information comprise the agenda. There is at least one ONCOA Representative in attendance to provide a status of ONCOA Activities. Title V – Senior Community Service Employment Program (SCSEP). SCSEP is Elder Job Training funded through a grant from the U.S. Dept. of Labor. ONCOA has employed Title V staff for the past 8 years and we have always had great success working with the Title V program. Since our budget is limited we seek out resources to assist us in meeting our administrative needs. Status: We have one applicant who is going through the approval process with the Title V program through National Indian Council on Aging (NICOA). Other Activities/Projects. Elder Gardens – Landscaping project as memorial garden for elders ONCOA Bylaws – In the process of revising ONCOA Bylaws. Meeting Requirements ONCOA meets on the second and fourth Tuesday of each month at 1:00 p.m. in the Elder Services, Conference Room. Special Meetings are held during the month to address specific topics related to the goals and objectives of ONCOA. Meetings are open and community members are encouraged to attend. Dates and times of meetings are published in the DRUMS. 5 Page 93 of 178 ONCOA FY17 Q1 REPORT TO OBC January 2017 Period: October, November, December 2016 GOALS GOAL I ONCOA will create policies and work together with Elder Services in an effort to improve the quality of life of our Elders. GOAL II ONCOA will communicate with Elders on issues, policies and services in order to increase their awareness and participation. GOAL III ONCOA will advocate at all levels (tribal, local, state, national) for resources to provide for elder services COMMENTS Each commissioner, along with the ONCOA staff, brings with him/her a varied background of employment, life experiences, education, and community/state/national involvement to work toward a common goal of advocating for services that place emphasis on our elders. The following list demonstrates the extent of current community/state/national involvement for the ONCOA commissioners and staff: Oneida Nutrition Board Oneida Child Protective Board Oneida Police Commission National Indian Child Welfare Association Veterans of Foreign Wars (VFW) Auxiliary National Indian Council on Aging (NICOA) Anna John Resident Centered Care Community Board Great Lakes Native American Elders Association, members G\ONCOA\Quarterly Reports FY2017\FY17 Q1 JAN_Oct-Dec 2016 6 Page 94 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 / 26 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Reports Accept as Information only Action - please describe: Accept OGC 1st Qtr Report 3. Supporting Materials Report Resolution Contract Other: 1. 1st Qtr Report 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Brandon Stevens, Council Member Primary Requestor: Mark A. Powless Sr., OGC Chairman Your Name, Title / Dept. or Tribal Member Additional Requestor: Tamara Van Schyndel, Executive Director Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 95 of 178 ONEIDA GAMING COMMISSION QUARTERLY REPORT FY 2017 First Quarter: October, November, and December Prepared on January 09, 2017 Article I. Purpose The purpose of the Oneida Gaming Commission (OGC) is to protect the assets and integrity of Oneida Gaming through regulatory oversight. The OGC regulatory oversight leads to current and consistent regulatory practices within the gaming operation. Article II. Names 2-1. There are four (4) full time Commissioners which include: Chairman- Mark A. Powless Sr., Vice Chair- Matthew W. Denny, Secretary- R. Tom Danforth, and Commissioner Barbra Erickson. The OGC also has an Executive Director who oversees eleven (11) staff members and the OGC also oversees thirty-eight (38) Surveillance personnel. 2-2. Report is submitted by the Oneida Gaming Commission Executive Director, Tamara Van Schyndel. The Oneida Gaming Commission can be reached by calling 920-497-5850. 2-3. The Oneida Business Committee Liaison for the Oneida Gaming Commission is Brandon Yellowbird-Stevens. Article III. Meetings & Reports OGC Meetings October 10/03/16 Regular 10/17/16 Regular November 11/14/16 Regular 11/28/16 Regular December 12/19/16 Regular Security Joint Meetings Joint mtgs have October November been changed to qrtly December Gaming Joint Meetings October 10/18/16 November CNX December 12/19/16 1 Page 96 of 178 Employee Investigations and Vendor Licensing License Investigations October November December 19 18 09 Temporary Licenses (Work Permits) Approvals/Denials 116/09 Denials 77/07 Denials 89/05 Denials New Employee Orientation & Spectra 19/0 12/0 5/0 Vendor Work Permits 57/0 Denials 20/0 Denials 58/0 Denials Employee Licensing and Hearings Employees Licensed Hearings October 1140 1 November 77 2 December 89 3 Surveillance Reports # of Reports October 56 November 37 December 46 October • State FY17 Handle Payment (10/12/16) • NIGC Vulnerability Assessment • Surveillance System RFP Release (10/11) • Surveillance System Tours (weeks of 10/24 and 10/31) • Circuit City Tour/Walk Through for Potential Office Relocation (10/31) November • WGRA Planning Meeting in Redcliff (11/01/16 & 11/02/16) • Surveillance System Tours (week of 11/01) December • State Payment Audit (12/12/16) • 1st Quarter NIGC Payment (12/20/16) • Surveillance System Demonstration (week of 12/26) 2 Page 97 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 / 26 / 17 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Reports Accept as Information only Action - please describe: Approve Election Board FY2017 1st quarter report 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Melinda J. Danforth, Tribal Vice Chairwoman Primary Requestor: Racquel Hill, Election Board Chairperson Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Page 98 of 178 ONEIDA ELECTION BOARD QUARTERLY REPORT October - December 2016 January 16, 2017 Report Submitted By: Racquel Hill, Chairperson Election_Board@oneidanation.org Board Members: Teresa Schuman, Vice Chairperson Sunshine Wheelock Gina Buenrostro Vicki L. Cornelius Constance Danforth Lori Elm Candace House Tonya Webster BC Liaison: Melinda J. Danforth, Vice Chairwoman Alternate Lisa Summers, Tribal Secretary Meetings: October November December Regular Meeting 1 0 1 Special Meeting 0 1 0 GTC Meeting 1 1 0 Highlights for the quarter: 1. Provided proposed General Election date to Secretary’s Office for Annual GTC meeting (per Election Law: 2.9-1. In accordance with Article III, Section 4 of the Tribal Constitution, elections shall be held in the month of July on a date set by the General Tribal Council. The General Tribal Council shall set the election date at the January annual meeting, or at the first GTC meeting held during a given year. 2. Orientation for newly appointed Board members provided at regular meeting in December. The two (2) vacancies were due to one person elected declining the seat and a vacancy remained as three (3) seats needed to be filled with only two (2) candidates running in the 2016 Special Election. The Board has not had a Secretary since the fourth quarter of 2016; however we are happy to announce Sunshine Wheelock as the Election Board’s new Secretary. Goals and Objectives (Remain consistent):  Conduct Tribal Elections in compliance with Tribal law.  Develop, adopt, and review applicable standard operating procedures.  Strive to serve the Oneida membership fairly while being fiscally responsible. Meeting requirements: The Oneida Election Board is required to meet once per month with special meetings scheduled as needed. A special meeting was held in November to review the shared folder as a whole, and for the Board to determine what documents/information should be retained. and to review and approve draft annual report for submission. Page 99 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 1 I 26 I 17 2. General Information: Session: 12$] Open D Executive- See instructions for the applicable laws, then choose one: jother - type reason AgendaHeader: ~~R_e~p_o_rt_s____________________________________________________________~ D Accept as Information only 12$] Action- please describe: Approval of 1st quarter report for the Land Claims Commission 3. Supporting Materials D Report D Other: D Contract D Resolution 3. L-------------------------------~ 4 2 D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted - Grant Funded D Unbudgeted 5. Submission Authorized Sponsor I Liaison: jJennifer Webster, Council Member Primary Requestor/Submitter: Dakota Webster Secretary/Treasurer Land Claims Commission Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Page 100 of 178 ONEIDA LAND CLAIMS COMMISSION 1st QUARTER REPORT October 1, 2016 to December 31, 2016 Submitted by Dakota Webster, LCC Secretary 920-228-0623 LAND CLAIMS COMMISSIONERS: Officers: Chairperson- Vacant, Vice Chair-Loretta V. Metoxen, Secretary/Treasurer-Dakota Webster Commissioners: Jay Rasmussen, Donald McLester, Chris Cornelius, Tomas Escamea, Charles Wheelock LCC Liaison: Jennifer Webster PURPOSE: The Oneida Land Claims Commission will make informed thoughtful recommendations to the General Tribal Council and Business Committee on issues pertaining to all Oneida land claim issues. We also encourage active participation from the membership. MISSION: Actively pursuing education, recommendations, and resolutions to all land claim settlement offers; honoring our ancestors, treaties, and the seven generations. OBJECTIVES: The Oneida Land Claims Commission is an elected governing body to meet the needs of the General Tribal Council. The Land Claims Commission is working to develop a better understanding between themselves the Business Committee and the Land Commission. The Land Claims Commission is in the process of approvals for the updates to the Land Claims Commission By-Laws. The Land Claims Commission is in the beginning stages of setting up a Page 101 of 178 website so information involving land claims is accessible to the tribal membership. The Land Claims Commission is exploring ways to generate more interaction with General Tribal Council. MEETINGS: October 13th (regular), 18th (subcommittee), 201h (regular) November 3rct (regular), 1oth (regular), 171h (special) December 151 (regular), 141h (regular) The Land Claims Commission meets twice a month on a regular basis as scheduled; the first and third Thursday of every month at 5:30p.m. Meeting location to be announced. FOLLOW UP: The Oneida Land Claims Commission, with the assistance of Steve Webster, has completed the uploading of all land claims sensitive documentation to the OnBase computerized system. New mission and purpose statements were developed and approved. Land Claims Commission ByLaws were updated and we are waiting on approvals. The Commission has been waiting for the BC appointment for the vacant position. The deadline for submission of applications was November 4, 2016 the position has still not been appointed. Emails and requests have been sent to the BC and we are waiting on a response. The Land Claims Commission has requested Loretta Metoxen be appointed. Loretta Metoxen submitted her application within the deadline and she was the only applicant. The Commission has publicly acknowledged the Anniversary of the Treaty of Canandaigua on November 11 with an article that was submitted to the Kalihwisaks. On November 161h an informational booth was set up for the showcase at Thornberry Creek at Oneida. The Land Claims Commission is looking forward to the summit between themselves the Oneida Business Committee and Land Commission the summit was to be held in January but was postponed till February. Page 102 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 I 26 I 17 2. General Information: Session: [8] Open D Executive - See instructions for the applicable laws, then choose one: LIR_e~po_r_ts________________________________________________________~ AgendaHeader: D Accept as Information only [8] Action - please describe: Request for deferral ' 3. Supporting Materials D Report D Contract D Resolution D Other: .--------------------------------, 1. 3. 2. 4. D Business Committee signature required 4. Budget Information [8] Budgeted- Tribal Contribution D Budgeted- Grant Funded D Unbudgeted 5. Submission Authorized Sponsor/Liaison: Primary Requestor/Submitter: LIT_e_ha_s_s_iH_i~II,~C_o_u_n_ci_l_~_e_m_b_e_r________________________________~ Jay Rasmussen, Land Commission Secretary Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of2 Page 103 of 178 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Due to a realignment of reporting structure between the Land Commission and Department of Land Development this report is coming late.l am currently gathering the required information and will submit in a timely manner for the next Business Committee meeting.! take full responsibility for this report being late. Please accept my apologies. 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 of2 Page 104 of 178 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 01 I 26 I 17 2. General Information: Session: ~ Open AgendaHeader: D Executive - See instructions for the applicable laws, then choose one: ~jR_e_p_o_rt_s__________________________________________________________~ ~ Accept as Information only D Action - please describe: Accept Oneida School Board FY '17 1st quarter report 3. Supporting Materials ~ Report D Resolution D Contract ~ Other: l.,October, November, December Minutes 3. 2. 4. D Business Committee signature required 4. Budget Information D Budgeted- Tribal Contribution D Budgeted -Grant Funded D Unbudgeted 5. Submission AuthorizedSponsor/Liaison: Primary Requestor/Submitter: LIF_a_w_n_B_il_li_e,_C_o_u_n_c_ii_M_e_m __ be_r__________________________________~ Debra J Danforth I School Board Chair Your Name, Title I Dept. or Tribal Member Additional Requestor: Name, Title I Dept. Additional Requestor: Name, Title I Dept. Page 1 of 2 ONEIDA NATION SCHOOL SYSTEM Page 105 of 178 Oneida Nation Elementary School Oneida Nation High School P.O. Box 365 N7125 Seminary Road Oneida, WI 54155 Phone (920) 869-1676 FAX (920) 869-1684 P.O. Box 365 N721 0 Seminary Road Oneida, WI 54155 Phone (920) 869-4308 FAX (920) 869-4045 January 18, 2017 BOARD: MEMBERS: Oneida Nation School Board Debra Danforth, Chair Fred Muscavitch, Vice Chair Rhiannon Metoxen, Secretary Melinda K. Danforth, Member Todd Hill, Member Shanna Torres, Member Margaret Ellis, Member Neset Skenandore, Member CONTACT PERSON: OBC LIAISON: Rhiannon Metoxen Fawn Billie MINUTES: October 2016 November 2016 December 2016 UPDATES October 2016- December 2016 student enrollment: K-8 = 336 9-12 = 133 Total= 469 The Language Grant submitted by the Language House was not approved due to needing additional specific information and community involvement. The Oneida Nation School Board will continue to collaborate with the Language House on finding funding to enhance the language and culture program in the school system. The Oneida Nation School Board held a special meeting on January 14, 2017 with the school board's attorney and school administration to discuss the needs and changes of the Education Code [Law] . This meeting has been one of many continuous meetings of reviewing and re-developing of policies and procedures to guide and enhance the education as a whole from birth to grave of our community members. The School Board has also been meeting with Planning Department staff to further expand the Oneida Nation School System. Future meetings will be scheduled to discuss location, size, costs, and an updated comprehensive plan. FINANCIAL Page 106 of 178 The Oneida School System had been awarded a settlement from the class action law suit between BIE and the Ramah Navajo Tribe. The school will be utilizing this money to enhance the education and tools to create a better and up-to-date teaching environment for students and staff. In addition, a portion of this awarded money will be invested for future improvements. The Oneida Nation School Board will be presenting a summary of this information to the Oneida Business Committee after a meeting with the Trust Emollment Department. The Food Service employees in the Oneida Nation School System were denied worker's compensation during the summer months in 2016; they did not receive any wages for the entire summer. The School Board has been meeting with the school board attorney to find legal and justifiable ways to compensate these employees. GOALS AND OBJECTIVES Our students will continue to increase their knowledge of Oneida language and culture as they attend language I culture and social dance classes as part of their daily education. Improving daily attendance and·raising the reading and mathematics academic levels continue to be the overall goals for this school year. The School System is also trying to fulfill vacant teaching positions. MEETING REQUIREMENTS The Oneida Nation School Board meets the first Monday of every month at 5:00p.m. in the library at the Elementary School. Meetings are open to the public. Special meetings are called by the School Board Chair when deemed necessary. Page 107 of 178 Oneida Nation School Board Regular Meeting Minutes Date: Monday, October 3, 2016 Time: 5:00p.m. Place: ONES Library The Oneida Nation School Board is committed and accountable to students, parents, families, staff, and community members to provide regulatory oversight for a safe, positive, culturally diverse, holistic, learning atmosphere based on OnAyote a·ka values. We will provide the expectations, resources, and educational opportunities to encourage students to be productive. PRESENT: Debra J. Danforth, Sharon Mousseau, Melinda K. Danforth, Fred Muscavitch, Rhiannon 'RC" Metoxen, Neset Skenandore, Shanna Torres, Artley Skenandore, Yvette Peguero, Linda Jenkins, John Bestul, Jacquelyn Daigle, Fay LeMense 1 EXCUSED: Todd Hill OTHERS: Tina Jacobson, Micheal Troge OPENING: Artley Skenandore Call to Order by: Debra J. Danforth Time: 5:09 p.m. 1: Approval of Agenda: RC Metoxen moved to approve. Neset Skenandore seconded Motion carries. II: Special Presentation- Short Program Graduates A: High School Graduates Neset Skenandore moved to approve High School graduates: Kathryn Bell, Asha Wasmund, Dennis Johnson III. RC Metoxen seconded Motion carries. III. Minutes A: Regular Meeting- August 1, 2016 RC Metoxen moved to approve the regular meeting Minutes ofAugust F 1. Neset Skenandore seconded Motion carries. B: Special Meetings- None C: Ratification of Board Polls 1. August 22, 2016 Resignation RC Metoxen moved to ratify. Neset Skenandore seconded Motion carries. 2. August 24,2016 FACE travel 3. September 22, 2016 Hiring of Special Education Co-Teacher Neset Skenandore moved to ratify. Melinda K. Danforth seconded Motion Fred Muscavitch moved to ratify. RC Metoxen seconded Motion carries. carries. OCTOBER 2016 SCHOOL BOARD MEETING Page 1 of3 Page 108 of 178 IV: Tabled Business: A: None V: Old Business I Follow-Up: A: Standing Agenda Items: 1. CIP - High School - Planning Department No update. 2. Language Program Sheri Mousseau: Couple of staff are going to NMfor a training and will provide a report upon their return. The Language Grant was not received this year. Neset moved to accept update. Melinda Danforth seconded. Motion carries. 3. Staff Recognition Program BC has quarterly recognitions. 4. Athletics- Update from Artley Skenandore Reviewing and making corrections with form that parents will need to sign for middle and high school athletics. Working on middle school coaches' handbook. RC Metoxen moved to accept update. Neset Skenandore seconded. Motion carries. 5. JOM Program- Schedule attached from September packet. JOM requested to provide a $30.00 gift card for Parent I Teacher conferences this Thursday. Follow up request to have a list of everything asked for from JOM such as Bylaws, Minutes, Budget Breakdown, and reasoning behind what they find for criteria for funding. Neset Skenandore moved to accept update. Melinda K. Danforth seconded. Motion carries. B: Follow-up 1. Solar Panels- Mike Troge RC Metoxen moved to defer this item until follow up with Jackie Boyle is made to obtain input from DPW Melinda K. Danforth seconded. Fred . Muscavitch opposed. Motion carries. 2. Youth Risk Behavior Surveillance System (YRBSS)- Tina Jacobson RC Metoxen moved to defer item until updated version and link is received. Melinda K. Danforth seconded. Motion carries. 3. Ramah Navaho Settlement A letter was sent to the.Business Committee based upon FredMuscavitch 's action last November that no cut to our tribal contribution was to be made and that official action from the Business Committee be made. Letter is on the October 12, 2016 BC Agenda. RC Metoxen moved to accept the update. Neset Skenandore seconded. Motion carries. VI: New Business: A: Board Vacancies Melinda K Danforth moved to post two vacancies. Seconded by RC Metoxen. Motion carries. B: Chaperones for Homecoming Seeking chaperones for two-hour blocks from lam - 7a.m. at the O.NE.S. gym for school lock-in this coming weekend. OCTOBER 2016 SCHOOL BOARD MEETING Page 2 of3 Page 109 of 178 C: Add-On: Boo Bash Seeking donations for 700 wrapped treat or prizes and volunteers to dress in costumes. Shanna Torres volunteered to be present. Melinda K. Danforth moved to accept. RC Metoxen seconded. Motion carries. VII: Reports A: Superintendent's Report- September and October 1. Calendar Adjustment Change - Approval requested Requesting to approve an amended calendar to include the Kahliwiyo ceremonies so staff can participate without having to use personal time. RC Metoxen moved to approve the calendar change. Neset Skenandore seconded. Motion carries. RC moved to accept Superintendent report. Melinda K. Danforth seconded. Motion carries. B: Administrative Staff Reports- September and October 1. Business Manager 2. K-8 Principal a. Assistant Principal b. Gifted and Talented 3. 9-12 School Principal 4. Special Education 5. Technology 6. FACE Melinda K. Danforth moved to accept Administrative Staff reports. Neset Skenandore seconded. Motion carries. VIII: Executive Session: None. IX: Recess/Adjourn: RC Metoxen moved to adjourn at 6:19p.m. Neset Skenandore seconded. Motion carries. Respectfully submitted, ~e~ Secretary Oneida Nation School Board OCTOBER 2016 SCHOOL BOARD MEETING approved/~ o t .oa .2017 Date Page 3 of3 Page 110 of 178 Page 111 of 178 Oneida Nation School Board Regular Meeting Minutes Date: Monday, November 7, 2016 Time: 5:00p.m. Place: ONES Library The Oneida Nation School Board is committed and accountable to students, parents, families, staff, and community members to provide regulatory oversight for a safe, positive, culturally diverse, holistic, learning atmosphere based on OnAyote a·ka values. We will provide the expectations, resources, and educational opportunities to encourage students to be productive. PRESENT: Debra J. Danforth, Todd Hill, Melinda K. Danforth, Rhiannon "R.C." Metoxen, Sharma Torres, Fred Muscavitch EXCUSED: Neset Skenandore OTHERS: Sharon Mousseau, Linda Jenkins, Fay LeMense, John Bestul, Artley Skenandore, Yvette Peguero, Tracy Christensen, Dorothy Skenandore, Carol Moore, Jackie Danforth, Sarah Wunderlich, Deimis Gullickson, OPENING: Artley Skenandore Call to Order by: Debra J. Danforth Time: 5:03p.m. 1: Approval of Agenda: R.C. Metoxen motioned to approve the agenda with the additional information of the Solar Panel to be added under V Old Business I Follow Up letter B, and to move the Kitchen Staff letter from New Business to the Executive session,· and add School Logo History to #3 New Business, and add GTC Petition to Executive session. Melinda K Danforth seconded. Motion carried. II: Special Presentation- Short Program Graduates A: High School Graduates Melinda K Danforth motioned to approve two graduates: Christian Brocker, Taliah Walker. R. C. Metoxen seconded. Motion carried. III. Minutes A: Regular Meeting- October 3, 2016 Melinda K Danforth motioned to approve minutes. R. C. Met oxen seconded. Motion carried. B: Special Meetings- November 2, 2016 R. C. Metoxen motioned to defer November 2, 2016 Special Meeting minutes to December meeting. Melinda K Danforth seconded. Motion carried. C: Ratification of Board Polls 1. October 17, 2016 accept resignation and approve art teacher job posting Melinda K Danforth motioned to ratify. R. C. Metoxen seconded. Motion carried. NOVEMBER 2016 SCHOOL BOARD MEETING Page 1 of4 Page 112 of 178 IV: Tabled Business: A: None V: Old Business I Follow-Up A: Standing Agenda Items: 1. CIP I High School- Planning Department Leanne Doxtater was not present. Melinda K Danforth motioned to contact supervisor in the Planning Department for follow-up. R. C. Metoxen seconded Motion carried 2. Language Program- Update by Superintendent, Sheri Mousseau Melinda K Danforth motioned to accept the update. Shanna Torres seconded Motion carried Discussion.: Priscilla Belisle and Tracy Williams are requested to come before the School Board for a follow-up presentation to prepare for the next grant that comes around 3. Staff Recognition program- Update by Superintendent, Sheri Mousseau The Business Committee will be recognizing three (3) school stafffor years ofservice during the 9:00a.m. meeting on November 23, 2016. School Board members are encouraged to be present for the school staff recognition. R. C. Metoxen motioned to accept the update. Shanna Torres seconded Motion carried 4. Athletics- Update from Artley Skenandore Coaches will complete the second round of CPR training. Meetings have already been completed Coaches, students, and parents were set up to use a free text application for direct communication. Melinda K Danforth motioned to accept update. Todd Hill seconded Motion carried 5. JOM Program- Update by Superintendent, Sheri Mousseau a. July 2016letter addressed to JOM b. September Minutes c. 2016 Budget d. Meeting dates There was not any meeting in October due to not having any item on the agenda. Next JOMmeetingwill be on November 17, 2016 at 5:00p.m. Melinda K Danforth motioned to continue to leave the JOM Program as a Standing Agenda update. R. C. Metoxen seconded Motion carried R. C. Metoxen motioned to accept the update. Melinda K Danforth seconded Motion carried B: Follow-up 1. Solar Panels - FYI Melinda K Danforth motioned to not move forward with this Solar Panel request due to lack offunding at this time. Shanna Torres seconded Motion carried Discussion: Jacque Boyle did not recommend moving forward and was not able to provide an official report, but is working on providing one. 2. Ramah Navaho Settlement- Update by Chairperson, Debra. J. Danforth R. C. Metoxen motioned to accept the update. Melinda K Danforth seconded Motion carried NOVEMBER 2016 SCHOOL BOARD MEETING Page 2 of4 Page 113 of 178 R. C. Metoxen motioned to proceed with a Special Meeting in December with just the School Board and Administration on the results of the assessment prior to the meeting with the Business Committee. Melinda K. Danforth seconded. Motion carried. R. C. Metoxen motioned to schedule a Special Meeting for just the Board to review the assessments once they're completed in December. Melinda K. Danforth seconded. Motion carried. 3. VI: VII: Youth Risk Behavior System (YRBS) R. C. Metoxen motioned to defer item to December meeting and request Tina Jacob 's presence. Melinda K. Danforth seconded. Motion carried. New Business: 1. Letter from Kitchen Staff I Memo from Attorney Joanne Harmon-Curry [item moved to Executive Session] 2. Vision & Hearing Screening Summary- FYI handout Melinda K. Danforth motioned to accept the summary. R. C. Metoxen seconded. Motion carried. 3. School Flag I History of School Logo - FYI Melinda K. Danforth motioned to accept the update on the logo history and to add item to January 14, 2017 Retreat Agenda with School Board attorney, andfor administration to bring back options of a logo and seal. R. C. Metoxen seconded. Motion carried. 4. GTC Kindergarten Retention Petition- [Add-on] [item moved to Executive Session] 5. Election of School Board Officers - [Add-on] Melinda K. Danforth motioned to defer the election of officers until January 2017 meeting. Reports A: Superintendent's Report Melinda K. Danforth motioned to accept report. Todd Hill seconded. Motion carried. B: Administrative StaffReports 1. Business Manager 2. K-8 Principal a. Assistant Principal b. Gifted and Talented 3. 9-12 School Principal 4. Special Education 5. Technology 6. FACE R. C. Metoxen motioned to accept reports. Melinda K. Danforth seconded. Motion carried. C: November I December Calendar- handout Melinda K. Danforth motioned to accept calendar. R. C. Metoxen seconded. Motion carried. NOVEMBER 2016 SCHOOL BOARD MEETING Page 3 of4 Page 114 of 178 VIII: Executive Session: R.C. Metoxen motioned to adjourn at 6:08p.m. to go into Executive Session at 6:09 p.m. with request ofpresence ofSuperintendent, Sheri Mousseau and Principals, Artley Skenandore and Yvette Peguero. Melinda K. Danforth seconded. Motion carried. R. C. Metoxen motioned to come out of Executive Session at 6:28p.m. Melinda K. Danforth seconded. Motion carried. IX: 1. Letter from Kitchen Staff I Memo from Attorney Joanne Harmon-Curry Melinda K. Danforth motioned to have Administration look at placing the kitchen employees under contract and to review the financial impact and bring back to the Board by either E-Poll or by the December meeting. R.C. Metoxen seconded. (1) abstention. Motion carried. Discussion: Communicate with the Kitchen Staff ofstatus of request and with Joanne Harmon-Curry about the School Board's intent. 2. GTC Petition R. C. Metoxen motioned to direct Superintendent respond with compiled data of Kindergarten retention numbers, retention procedure and policies with an E-Poll to the School Board of the information. Melinda K. Danforth seconded. (1) opposed. Motion carried. Discussion: Request to resend letter reminding Oneida Business Committee of the School Board's autonomy. Recess/Adjourn: R.C. Metoxen motioned to adjourn at 6:40p.m. Melinda K. Danforth seconded. Motion carried. Respectfully submitted, Rhiannon Metoxen Secretary Oneida Nation School Board NOVEMBER 2016 SCHOOL BOARD MEETING approved/~ Date Page 4of4 Page 115 of 178 Oneida Nation School Board Regular Meeting Minutes Date: Monday, December 5, 2016 Time: 5:00p.m. Place: ONES Library The Oneida Nation School Board is committed and accountable to students, parents, families, staff, and community members to provide regulatory oversight for a safe, positive, culturally diverse, holistic, learning atmosphere based on OnAyote a·ka values. We will provide the expectations, resources, and educational opportunities to encourage students to be productive. PRESENT: Debra J. Danforth, Rhiannon "RC" Metoxen, Fred Muscavitch, Todd "Moon" Hill, Shanna Torres [arrived at 5:11p.m.] EXCUSED: Melinda K. Danforth, Neset Skenandore OTHERS: Brandon Yellow-Bird Stevens, Fawn Billie, Priscilla Belisle, Fay LeMense, John Bestul, Yvette Peguero, Artley Skenandore, Tracy Christensen, Leanne Doxtater, Tracy Williams, Tina Jorgensen, Cathy Bachhuber OPENING: Artley Skenandore Time: 5:00p.m. Meeting start time: 5:11p.m. Call to Order by: Debbie Danforth [not enough members to have a quorum at 5:00p.m.; needed one more board member] Shanna Torres arrived at 5:11p.m. 1: Approval of Agenda: RC Metoxen motioned to approve the agenda with the following changes. Move CJP/Planning department presentation to first item; the Language Program update moved to second item, and the Youth Risk Behavior System moved as the third item. II: Special Presentation - Short Program Graduates A: High School Graduates- NONE III. Minutes A: Regular Meeting- October and November [corrected] 1. High School graduate names requested to be added into Regular Meeting Minutes November minutes to be corrected from Debra J. Skenandore to Danforth. RC Metoxen moved to approve corrected October and November minutes to include the addition of the High School graduate names within the minutes. Fred Muscavitch seconded. Motion carried. B: Special Meetings- November 2, 2016. Fred Muscavitch motioned to approve. Shanna Torres seconded. Motion carried. C: Ratification of Board Polls 1. (add-on]: KG retention data RC Metoxen motioned to ratify. Todd Hill seconded. Motion carried. DECEMBER 5, 2016 REGULAR SCHOOL BOARD MEETING Page 1 of4 Page 116 of 178 IV: Tabled Business: A: None V: Old Business I Follow-Up A: Standing Agenda Items: 1. CIP I High School - Planning Department - Leanne [moved to first item on Agenda] Planning department recommends updating CIP package. Fred Muscavitch motion to accept update and encourage the Planning Department to continue working on it and know that we are in support and want to proceed. Shanna Torres seconded. Motion carried. 2. Language Program- Tracy Williams and Priscilla Belisle [moved to second item on Agenda] [add-on]: ANA Grant update- Areas for Improvement Partnered with Oneida Nation School Board and Oneida Grants. The two grants were applied for but denied due to needing more community involvement and more detailed information using the curriculum. The Language Preservation and Maintenance grant would produce six certified language teachers using current language curriculum in practice. Language Department is currently working with College of Menominee Nation to develop a curriculum similar to the Language Preservation Maintenance grant. ANA regional grant training is in Feb 1 and 2, 2017. Priscilla Belisle and Tracy Williams are scheduled to attend. Fred Muscavitch motioned to accept update. RC Metoxen seconded. Motion carried. 3. Staff Recognition program -Update by Sheri Mousseau Three ONSS staff were recognized by the Business Committee and received a blanket. RC Metoxen motioned to accept update. Fred Muscavitch seconded. Motion carried. 4. Athletics- Update from Artley Skenandore This past Saturday was the 1st of 3 clinics that is being done with 28 participants in grades 1 thru 4 in first group and grades 5-8 in the second group. An exhibition of skills learned from the clinics will be set up during two basketball halftime games with grades 1-4 first night and grades 5-8 during second night. Foster I Parent Supply Night scheduled at the High School scheduled the first week of February during varsity games. Everyone who brings something that night will get into game free. Cancer awareness night is in January; everyone wearing the color Orange will get in free. Elementary and Middle School wrestling is currently being worked on w [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%3A14b338d099c4d67e. Public record. Not legal advice.