Oneida Business Committee (2020)
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Public Packet
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Oneida Business Committee
Executive Session and Regular Meeting
8:30 AM Wednesday, August 26, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
NOTICE
All regular, special, and emergency Business Committee meetings are closed to the public for the
duration of the Public Health State of Emergency. This is preventative measure as a result of the
COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee.
Video recordings are made of regular meetings of the Business Committee. All recordings are
available
on
the
Nation's
website
at:
https://oneida-nsn.gov/government/businesscommittee/recordings/
If you have comments regarding open session items, please submit them to
TribalSecretary@oneidanation.org no later than close of business the day prior to a Business
Committee meeting. Comments will be noticed to the Business Committee.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
Oneida Police Commission - Beverly Anderson
Sponsor: Lisa Summers, Secretary
Oneida Business Committee
Regular Meeting Agenda
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Public Packet
V.
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MINUTES
A.
VI.
VII.
Approve the August 12, 2020, regular Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Extension of the Emergency Amendments to the
Emergency Management and Homeland Security Law
Sponsor: David P. Jordan, Councilman
B.
Adopt resolution entitled Creating Set Aside for Home Mortgage Funding
Sponsor: Trish King, Treasurer
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
B.
Accept the August 17, 2020, regular Finance Committee meeting minutes
Sponsor: Trish King, Treasurer
LEGISLATIVE OPERATING COMMITTEE
1.
Approve the Oneida Nation School Board bylaws
Sponsor: David P. Jordan, Councilman
2.
Accept the Legislative Operating Committee 2017-2020 end of term report
Sponsor: David P. Jordan, Councilman
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NEW BUSINESS
A.
Approve exception to resolution # BC-01-22-20-A – cancel the September 8, 2020
executive discussion Business Committee meeting and the September 9, 2020
regular Business Committee meeting
Sponsor: Lisa Summers, Secretary
B.
Consider reqeust to rescind the December 11, 2019 motion to support the request
from the Pulaski Community School District for Financial Support for Oneida
Language Classes
Sponsor: Debbie Thundercloud, General Manager
C.
Consider the additional compensation request for the 2020 General Election poll
workers
Sponsor: Twylite Moore, Interim Chair/Oneida Election Board
D.
Accept the 2020 General Election final report and declare the official results
Sponsor: Twylite Moore, Interim Chair/Oneida Election Board
E.
Enter the e-poll results into the record - Approved CRF Government Relief Funds
Requests - eight (8) file numbers dated July 21, 2020
Sponsor: Lisa Summers, Secretary
F.
Enter the e-poll results into the record - Approved CRF Government Relief Funds
Requests - eight file (8) numbers dated July 29, 2020
Sponsor: Lisa Summers, Secretary
G.
Enter the e-poll results into the record - Approved CRF Government Relief Funds
Requests - four (4) file numbers
Sponsor: Lisa Summers, Secretary
H.
Enter the e-poll results into the record - Approved CRF Government Relief Funds
Requests - thirteen (13) file numbers
Sponsor: Lisa Summers, Secretary
I.
Enter the e-poll results into the record - Approved CRF Government Relief Funds
Request for Hazard pay, indirect, and fringe for pay period July 23, 2020 and August
6, 2020
Sponsor: Lisa Summers, Secretary
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REPORTS
A.
B.
C.
APPOINTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Anna John Resident Centered Care Community Board FY-2020 3rd
quarter report
Sponsor: Joshua Hicks, Interim Chair/Anna John Resident Centered Care
Community Board
2.
Accept the Oneida Police Commission FY-2020 3rd quarter report
Sponsor: Sandra Reveles, Chair/Oneida Police Commission
ELECTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Oneida Election Board FY-2020 3rd quarter report
Sponsor: Twylite Moore, Interim Chair/Oneida Election Board
2.
Accept the Oneida Gaming Commission FY-2020 3rd quarter report
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
3.
Accept the Oneida Land Commission FY-2020 3rd quarter report
Sponsor: Rae Skenandore, Chair/Oneida Land Commission
4.
Accept the Oneida Nation School Board FY-2020 3rd quarter report
Sponsor: Aaron Manders, Chair/Oneida Nation School Board
5.
Accept the Oneida Trust Enrollment Committee FY-2020 3rd quarter report
Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee
CORPORATE BOARDS
1.
Accept the Bay Bancorporation Inc. FY-2020 3rd quarter report
Sponsor: Jeff Bowman, President/Bay Bancorporation Inc.
2.
Accept the Oneida ESC Group LLC FY-2020 3rd quarter report
Sponsor: John Breuninger, Chair/Oneida ESC Group LLC
3.
Accept the Oneida Airport Hotel Corporation FY-2020 3rd quarter report
Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation
4.
Accept the Oneida Golf Enterprise FY-2020 3rd quarter report
Sponsor: Eric McLester, Agent/Oneida Golf Enterprise
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D.
STANDING COMMITTEES
1.
E.
OTHER
1.
X.
Accept the Oneida Youth Leadership Institute FY-2020 3rd quarter report
Sponsor: Cheryl Stevens, Manager/Grants Office
GENERAL TRIBAL COUNCIL
A.
XI.
Accept the Legislative Operating Committee FY-2020 3rd quarter report
Sponsor: David P. Jordan, Councilman
Accept the Treasurer's end-of-term closeout report
Sponsor: Trish King, Treasurer
EXECUTIVE SESSION
A.
B.
REPORTS
1.
Accept the Bay Bancorporation Inc. FY-2020 3rd quarter executive report
Sponsor: Jeff Bowman, President/Bay Bancorporation Inc.
2.
Accept the Oneida ESC Group LLC FY-2020 3rd quarter executive report
Sponsor: John Breuninger, Chair/Oneida ESC Group LLC
3.
Accept the Oneida Airport Hotel Corporation FY-2020 3rd quarter executive
report
Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation
4.
Accept the Oneida Golf Enterprise FY-2020 3rd quarter executive report
Sponsor: Eric McLester, Agent/Oneida Golf Enterprise
5.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
AUDIT COMMITTEE
1.
C.
Accept the Audit Committee FY-2020 3rd quarter report
Sponsor: David P. Jordan, Councilman
TABLED BUSINESS
1.
Joint Marketing Standard Operating Procedures regarding Tickets &
Merchandise Distribution (tabled 4/8/20; no action requested)
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Regular Meeting Agenda
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D.
XII.
NEW BUSINESS
1.
Review the posting request and determine next steps - Oneida Nation School
System
Sponsor: Aaron Manders, Chair/Oneida Nation School Board
2.
Approve the U.S. Health and Human Services amendment to multi-year
funding agreement - file # 2020-0566
Sponsor: Jennifer Webster, Councilwoman
3.
Approve a limited waiver of sovereign immunity - PCLaw Time Matters annual
maintenance agreement - file # 2020-0535
Sponsor: Jo Anne House, Chief Counsel
4.
Approve 53 new enrollments and three (3) relinquishment requests
Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee
5.
Enter the e-poll results into the record - Approved attorney contract with
Husch Blackwell LLP regarding case number 1:20-CV-00731-WCG – file #
2020-0488
Sponsor: Lisa Summers, Secretary
6.
Enter the e-poll results into the record - Approved attorney contract for
Jenner & Block LLP - file # 2020-0532
Sponsor: Lisa Summers, Secretary
7.
Enter the e-poll results into the record - Approved posting request from the
Oneida Nation School System for one (1) Special Education Teacher
Sponsor: Lisa Summers, Secretary
8.
Enter the e-poll results into the record - Approved two (2) recall requests from
Higher Education and approved CRF Government Relief Funds Request to
fund the Higher Education Advisor position
Sponsor: Lisa Summers, Secretary
9.
Enter the e-poll results into the record - Approved authorization for the
Chairman to sign the Notice of Rescission
Sponsor: Lisa Summers, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
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Oneida Business Committee Agenda Request
Oneida Police Commission - Beverly Anderson
1. Meeting Date Requested:
08 / 26 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Oaths of Office
Accept as Information only
Action - please describe:
Administer Oath of Office to Beverly Anderson for the Oneida Police Commission.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Approve the August 12, 2020, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
08/24/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
Public Packet
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DRAFT
Oneida Business Committee
Executive Session and Regular Meeting
8:30 AM Wednesday, August 12, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa
Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III,
Jennifer Webster;
Not Present: n/a
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Louise Cornelius (via
Microsoft Teams1), Chad Fuss (via Microsoft Teams), Barb Kolitsch (via Microsoft Teams), Eric McLester
(via Microsoft Teams), Kaylynn Gresham (via Microsoft Teams), Keith Doxtator (via Microsoft Teams),
Eric Boulanger (via Microsoft Teams), Geraldine Danforth (via Microsoft Teams), Tana Aguirre (via
Microsoft Teams), Jessica Wallenfang;
REGULAR MEETING
Present: Chairman Tehassi Hill, Treasurer Trish King, Secretary Lisa Summers, Council members:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: n/a
Arrived at: Vice-Chairman Brandon Stevens at 8:44 p.m.
Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:38 a.m.
II.
OPENING (00:00:13)
Opening provided by Chairman Tehassi Hill.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings
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III.
ADOPT THE AGENDA (00:03:45)
Vice-Chairman Brandon Stevens arrived at 8:44 a.m.
Motion by David P. Jordan to adopt the agenda with six (6) additions [1) item V.H. Adopt resolution
entitled BIA-2020-LLGP, LIVING LANGUAGES GRANT PROGRAM (LLGP) Department of the
Interior, Bureau of Indian Affairs, 2) item V.I. Adopt resolution entitled Amending Furlough & Layoff
Return to Work Protection Additional Weeks & Payout of Vacation & Personal Time, 3) item VI.E.
Review and enter into the record - Oneida Nation School System Form Employment Contracts - file #
2020-0240, file # 2020-0241, file # 2020-0242 and file # 2020-0243, 4) VIII.C.11. Accept the
reorganization-restructure recommendations for Finance Administration ] and deferring item V.G.
Adopt resolution entitled Continuing Resolution for Fiscal Year 2021 until after Executive Session,
seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Abstained:
Lisa Summers
For the record: Secertary Lisa Summers stated I do need to excuse myself in five minutes, at 8:50, to
attend a doctor's appointment and I will be returning when I'm completed.
IV.
MINUTES
A.
Approve the July 22, 2020, regular Business Committee meeting minutes
(00:07:10)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the July 22, 2020, regular Business Committee meeting
minutes, seconded by Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
B.
Approve the August 6, 2020, special Business Committee meeting minutes
(00:07:30)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the August 6, 2020, special Business Committee meeting
minutes, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
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V.
RESOLUTIONS
A.
Adopt resolution entitled Setting Supervision and Management of Direct Reports
to the Oneida Business Committee (00:08:00)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Summers to adopt resolution 08-12-20-A Setting Supervision and Management of
Direct Reports to the Oneida Business Committee, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
B.
Adopt resolution entitled Amendments to the Boards, Committees, and
Commissions Law (00:09:21)
Sponsor: David P. Jordan, Councilman
Secretary Lisa Summers left at 8:50 a.m.
Motion by Jennifer Webster to adopt resolution 08-12-20-B Amendments to the Boards, Committees,
and Commissions Law, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
C.
Adopt resolution entitled Amended Boards, Committees, and Commissions Law
Stipends (00:17:06)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to adopt resolution 08-12-20-C Amended Boards, Committees, and
Commissions Law Stipends, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
D.
Adopt resolution entitled Emergency Adoption of the Oneida General Welfare Law
(00:22:10)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to adopt resolution 08-12-20-D Emergency Adoption of the Oneida General
Welfare Law, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
E.
Adopt resolution entitled Emergency Adoption of the Oneida Higher Education
Pandemic Relief Fund Law (00:25:13)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to adopt resolution 08-12-20-E Emergency Adoption of the Oneida Higher
Education Pandemic Relief Fund Law, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
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F.
Adopt resolution entitled Support Submitting the Nation’s Disposal of Solid and
Hazardous Waste Project Proposal to the Bureau of Indian Affairs (00:30:32)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Jennifer Webster to adopt resolution 08-12-20-F Support Submitting the Nation’s Disposal of
Solid and Hazardous Waste Project Proposal to the Bureau of Indian Affairs, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
Item V.H. was addressed next.
G.
Adopt resolution entitled Continuing Resolution for Fiscal Year 2021 (00:54:15)
Sponsor: Trish King, Treasurer
Motion by Trish King to adopt resolution 08-12-20-J Continuing Resolution for Fiscal Year 2021,
seconded by Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Motion by Ernie Stevens III to recess at 12:09 p.m. until 1:30 p.m., seconded by Kirby Metoxen. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Meeting called to order by Chairman Tehassi Hill at 1:34 p.m.
Roll call for the record:
Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;
Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;
Secretary Lisa Summers; Councilwoman Jennifer Webster;
Not Present: Treasurer Trish King;
Item VIII. was re-addressed.
H.
Adopt resolution entitled BIA-2020-LLGP, LIVING LANGUAGES GRANT PROGRAM
(LLGP) Department of the Interior, Bureau of Indian Affairs (00:32:55)
Sponsor: Aaron Manders, Chair/Oneida Nation School Board
Motion by David P. Jordan to adopt resolution 08-12-20-G BIA-2020-LLGP, LIVING LANGUAGES
GRANT PROGRAM (LLGP) Department of the Interior, Bureau of Indian Affairs, seconded by Trish
King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
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I.
Adopt resolution entitled Amending Furlough & Layoff Return to Work Protection
Additional Weeks & Payout of Vacation & Personal Time (00:34:56)
Sponsor: Trish King, Treasurer
Motion by Trish King to adopt resolution 08-12-20-H Amending Furlough & Layoff Return to Work
Protection Additional Weeks & Payout of Vacation & Personal Time including the alternative language
[page 9 of the handout] and insert today's date on line 53 of the resolution, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
VI.
NEW BUSINESS
A.
Post two (2) vacancies - Oneida Election Board (00:48:25)
Sponsor: Lisa Summers, Secretary
Motion by Brandon Stevens to post two (2) vacancies on the Oneida Election Board, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
B.
Post five (5) vacancies - Oneida Nation School Board (00:48:48)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to post five (5) vacancies on the Oneida Nation School Board, seconded by
Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
C.
Approve the Community Fund FY-20 Product Request - Oneida Emergency Food
Pantry (00:49:05)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to approve the Community Fund FY-20 Product Request from the Oneida
Emergency Food Pantry, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
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D.
Approve a limited waiver of sovereign immunity - New Water-Great Lakes
Restoration Initiative Grant Program Silver Creek Adaptive Management CostShare Agreement - file # 2020-0361 (00:49:34)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to accept Approve a limited waiver of sovereign immunity - New WaterGreat Lakes Restoration Initiative Grant Program Silver Creek Adaptive Management Cost-Share
Agreement - file # 2020-0361, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
E.
Review and enter into the record - Oneida Nation School System Form
Employment Contracts - file # 2020-0240, file # 2020-0241, file # 2020-0242 and file
# 2020-0243 (00:50:08)
Sponsor: Lisa Liggins, (former) Chair/Oneida Nation School Board
Motion by Brandon Stevens to accept the SY20-21 ONSS Form Employment Contracts and enter
them into the record, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
VII.
GENERAL TRIBAL COUNCIL
A.
PETITIONER MICHAEL DEBRASKA
1.
Accept the legal review (00:51:09)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the legal review, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
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VIII.
EXECUTIVE SESSION (00:51:34); (00:56:45)
Motion by David P. Jordan to go into executive session at 9:29 a.m., seconded by Kirby Metoxen.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Jennifer Webster
Not Present:
Lisa Summers
Secretary Lisa Summers returned at 10:01 a.m.
Motion by Brandon Stevens to come out of executive session at 12:05 p.m., seconded by Trish King.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Item V.C.11. was addressed next.
Motion by Ernie Stevens III to go into executive session at 1:34 p.m., seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Motion by David P. Jordan to come out of executive session at 3:02 p.m., seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
A.
REPORTS
1.
Accept the Chief Counsel report (00:57:17)
Sponsor: Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2.
Accept the Gaming General Manager FY-20 3rd quarter report (00:57:38)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Kirby Metoxen to accept the Gaming General Manager FY-20 3rd quarter report, seconded
by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
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3.
Accept the Retail General Manager FY-20 3rd quarter report (00:58:16)
Sponsor: Eric McLester, Retail General Manager
Motion by Brandon Stevens to accept the Retail General Manager FY-20 3rd quarter report, seconded
by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
4.
Accept the Emergency Management Director FY-20 3rd quarter report (00:58:36)
Sponsor: Kaylynn Gresham, Director/Emergency Management
Motion by Ernie Stevens III to accept the Emergency Management Director FY-20 3rd quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
B.
TABLED BUSINESS
1.
Joint Marketing Standard Operating Procedures regarding
Merchandise Distribution (tabled 4/8/20; no action requested)
Tickets
&
Item was not addressed.
C.
NEW BUSINESS
1.
Approve a limited waiver of sovereign immunity - National Investment Services
of America LLC Investment Management agreement - file # 2020-0401 (00:59:07)
Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee
Motion by David P. Jordan to adopt resolution 08-12-20-K Approving a Limited Waiver of Sovereignty
for the National Investment Services of America LLC, Investment Management Agreement with the
Oneida Trust Enrollment Committee and move the resolution to open session, seconded by Kirby
Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2.
Approve a limited waiver of sovereign immunity - Merganser Capital
Management LLC Advisory Agreement - file # 2020-0415 (00:59:40)
Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee
Motion by Jennifer Webster to adopt resolution 08-12-20-L Approving a Limited Waiver of Sovereignty
for the Merganser Capital Management LLC, Advisory Agreement with the Oneida Trust Enrollment
Committee and move the resolution to open session, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 12
August 12, 2020
Public Packet
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DRAFT
3.
Approve the Gaming Arts LLC Consent and Coexistence Agreement - file #
2020-0528 (01:00:11)
Sponsor: Jo Anne House, Chief Counsel
Motion by Brandon Stevens to approve the Gaming Arts LLC Consent and Coexistence Agreement file # 2020-0528, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
4.
Review the recall request2 and determine next steps - Oneida Police Department
(01:00:35)
Sponsor: Sandra Reveles, Chair/Oneida Police Commission
Motion by Jennifer Webster to approve the [posting] request from Oneida Police Department for one
(1) Dispatcher, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
5.
Review the recall request and determine next steps - Human Resources
(01:00:58)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
Motion by David P. Jordan to approve the recall request from Human Resources for two (2) HR
Generalists, two (2) Senior Trainers3, and one (1) Benefits Specialist4, seconded by Kirby Metoxen.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
6.
Review the recall request and determine next steps - Intergovernmental Affairs
and Communications (01:01:30)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by David P. Jordan to approve the request from Intergovernmental Affairs and Communications
to increase hours for one (1) Local Lobbyist, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
2 The correct type of request is a posting request.
3 The correct title is Senior Training and Development Specialist.
4 The correct title is Employee Insurance Specialist.
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 12
August 12, 2020
Public Packet
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DRAFT
7.
Review the posting request and determine next steps - Business Committee
Support Office (01:01:50)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to approve the posting request from the Business Committee Support
Office for one (1) Senior Information Management Specialist, seconded by Kirby Metoxen. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
8.
Review submissions for the State of Wisconsin 2021-23 Biennial Budget
Request (01:02:16)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Kirby Metoxen to accept the discussion as information and authorize Intergovernmental
Affairs and Communications to finalize and submit the State of Wisconsin 2021-23 Biennial Budget
Requests, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
9.
Approve a sub-team of the OBC to meet with BC DR10 to renegotiate and
approve the employment contract (01:02:50)
Sponsor: Tehassi Hill, Chairman
Motion by Kirby Metoxen to assign Vice-Chairman Brandon Stevens, Councilman David P. Jordan,
and Councilwoman Jennifer Webster to sub-team of the OBC to meet with BC DR10 to renegotiate
and approve the employment contract, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
10.
Approve a sub-team of the OBC to meet with BC DR04 to renegotiate and
approve their employment contract (01:03:22)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to assign Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, and
Councilman David P. Jordan a sub-team of the OBC to meet with BC DR04 to renegotiate and
approve their employment contract, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Item VIII.C.11. was re-addressed next.
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 12
August 12, 2020
Public Packet
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DRAFT
11.
Accept the reorganization-restructure
Administration (00:52:11); (01:03:53)
Sponsor: Trish King, Treasurer
recommendations
for
Finance
Motion by Ernie Stevens III to adopt resolution 08-12-20-I Supervision of the Chief Financial Officer
with the noted changes [in lines 36 and 37, delete "and until such time as the finances of the Nation
have stabilized” and replace with “or six (6) months, or any Tier V budget restrictions, whichever is
longer”] and move the resoluton to open session, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Motion by David P. Jordan to recess at 12:05 p.m. until 1:30 p.m., seconded by Brandon Stevens.
Motion withdrawn.
Motion by Lisa Summers to send the entire subject of Supervison of the Chief Financial Officer to the
Legislative Operating Commitee for further analysis to create permanent amendements in the Budget
Manager Control law for Tiers III, IV, and V for future events, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Item V.G. was addressed next.
Motion by David P. Jordan to support the five (5) reorganization/restructure recommendations for
Finance Administration listed in the Treasurer’s memorandum dated August 6, 2020, seconded by
Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
12.
Review and determine next steps - annual evaluation for BC DR09 and layoff
reports (01:04:38)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to accept the discussion as information, seconded by Brandon Stevens.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
13.
Review recall request and determine next steps - Gaming Marketing (01:05:00)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by David P. Jordan to approve the recall request from Gaming Marketing for one (1) Marketing
Research Analyst, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Motion by David P. Jordan to approve the recall request from Gaming Marketing for one (1) Executive
Assistant, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Oneida Business Committee
Regular Meeting Minutes
Page 11 of 12
August 12, 2020
Public Packet
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DRAFT
IX.
ADJOURN
Motion by David P. Jordan to adjourn at 3:11 p.m., seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Trish King
Minutes prepared by Lisa Liggins, Senior Information Management Specialist
Minutes approved as presented on
.
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 12 of 12
August 12, 2020
Public Packet
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Oneida Business Committee Agenda Request
Adopt resolution entitled Extension of the Emergency Amendments to the Emergency Management and...
1. Meeting Date Requested:
8
/ 26 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt the resolution titled, "Extension of the Emergency Amendments to the Emergency Management and
Homeland Security Law"
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Extension of Emergency Amendments Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Clorissa N. Santiago, LRO Senior Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
August 26, 2020
Extension of the Emergency Management and Homeland Security Law Emergency
Amendments
Please find the following attached backup documentation for your consideration of the extension
of the Emergency Management and Homeland Security Law Emergency Amendments:
1. Resolution: Extension of the Emergency Amendments to the Emergency Management and
Homeland Security Law
2. Statement of Effect: Extension of the Emergency Amendments to the Emergency
Management and Homeland Security Law
3. Emergency Management and Homeland Security Law
Overview
Emergency amendments to the Emergency Management and Homeland Security law (the “Law”)
were adopted by the Oneida Business Committee through resolution BC-03-17-20-E for the
purpose of creating and delegating authority to a COVID-19 Core Decision Making Team. The
emergency amendments to the Law:
Created a COVID-19 Core Decision Making Team (COVID-19 Team) [3 O.C. 302.10-1];
Identified what positions of the Nation serve on the COVID-19 Team [3 O.C. 302.10-1];
Described the authority delegated to the COVID-19 Team to declare exceptions to any law,
policy, procedure, regulation, or standard operating procedure of the Nation [3 O.C.
302.10-2];
Provided for the duration of authority for exceptions declared by the COVID-19 Team [3
O.C. 302.10-3]; and
Described how the COVID-19 Team will make its declarations [3 O.C. 302.10-4].
The Oneida Business Committee is delegated the authority to temporarily enact legislation when
legislation is necessary for the immediate preservation of the public health, safety, or general
welfare of the Reservation population, and the amendment of the legislation is required sooner
than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5].
The emergency amendments to this Law were necessary for the preservation of the public health,
safety, and general welfare of the Reservation population. The emergency amendments were
needed to create the COVID-19 Team and provide the COVID-19 Team the ability to act on behalf
of the Nation on a daily, or even hourly basis, to best protect the Reservation population against
the public health crisis that is the COVID-19 pandemic.
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Public Packet
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Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of these emergency amendments was contrary to public interest. The process and
requirements of the Legislative Procedures Act could not have been completed in time to allow
the Nation the ability to adequately address the issues regarding internal operations and laws that
arose during the COVID-19 pandemic.
The emergency amendments to the Law will expire on September 17, 2020. The Legislative
Procedures Act allows the Oneida Business Committee to extend emergency amendments for a
six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency
amendments to the Law is being requested because the Nation is still experiencing the effects of
the COVID-19 pandemic. Since the March 12, 2020, “Declaration of Public Health State of
Emergency” the Nation’s Public Health State of Emergency has been extended until September
11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,
BC-07-08-20-A, and BC-08-06-20-A.
On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which
prohibits all public gatherings of any number of people and orders all individuals present within
the Oneida Reservation to stay at home or at their place of residence, with certain exceptions
allowed. On April 21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration
which allowed for gaming and golf operations to resume. On May 19, 2020, the COVID-19 Team
issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that
individuals within the Oneida Reservation should continue to stay at home, businesses can re-open
under certain safer business practices, and social distancing should be practiced by all persons.
Then on June 10, 2020, the COVID-19 Team issued a “Stay Safer at Home” declaration which
lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while
still providing guidance and some restrictions.
The six (6) month extension of the emergency amendments to the Law are also being requested to
provide additional time for the Legislative Operating Committee to process permanent
amendments to the Law.
The extension of the emergency amendments to the Law will become effective on September 17,
2020, when the emergency amendments as adopted through BC-03-17-20-E expire, and will
remain in effect for an additional six (6) month term which will end on March 17, 2021.
Requested Action
Approve the Resolution: Extension of the Emergency Amendments to the Emergency
Management and Homeland Security Law
Page 2 of 2
Public Packet
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
Extension of the Emergency Amendments to the Emergency Management and Homeland Security
Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Emergency Management and Homeland Security law (“the Law”) was adopted by the
Oneida Business Committee through resolution BC-07-15-98-A, amended by resolutions
BC-12-20-06-G, BC-05-13-09-F, and most recently amended on an emergency basis by
resolution BC-03-17-20-E; and
WHEREAS,
the Law provides for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; provides for the direction of
emergency management, response, and recovery on the Reservation, as well as
coordination with other agencies, victims, businesses, and organizations; establishes the
use of the National Incident Management System; and designates authority and
responsibilities for public health preparedness; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for
the Nation until April 12, 2020, which was then subsequently extended through September
11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-1020-A, BC-07-08-20-A, and BC-08-06-20-A; and
WHEREAS,
on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration prohibiting all public gatherings of any number of people and ordering
all individuals present within the Oneida Reservation to stay at home or at their place of
residence, with certain exceptions allowed; and
WHEREAS,
the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home”
declaration on April 21, 2020, with the issuance of the “Updated Safer at Home”
declaration, on May 19, 2020, with the “Safer at Home Declaration, Amendment, Open for
Business” declaration, and then again on June 10, 2020, with the issuance of the “Stay
Safer at Home” declaration; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis when legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the amendment of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
Public Packet
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BC Resolution _____________
Extension of the Emergency Amendments to the Emergency Management and Homeland Security Law
Page 2 of 2
WHEREAS,
the Oneida Business Committee adopted emergency amendments to the Law through
resolution BC-03-17-20-E; and
WHEREAS,
the emergency amendments to the Law created a COVID-19 Core Decision Making Team;
identified what positions of the Nation serve on the COVID-19 Core Decision Making Team;
described the authority delegated to the COVID-19 Core Decision Making Team to declare
exceptions to any law, policy, procedure, regulation, or standard operating procedure of
the Nation; described how the COVID-19 Core Decision Making Team would make its
declarations; and provided for the duration of authority for declarations made by the
COVID-19 Core Decision Making Team; and
WHEREAS,
the Oneida Business Committee determined that the emergency adoption of these
amendments to the Law were necessary for the preservation of the public health, safety,
and general welfare of the Reservation population to allow the COVID-19 Core Decision
Making Team to take action to protect the Reservation population against the public health
crisis that is the COVID-19 pandemic; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of these
emergency amendments was contrary to public interest; and
WHEREAS,
emergency legislation is effective for a period of six (6) months, renewable for an additional
six (6) months by the Oneida Business Committee; and
WHEREAS,
the emergency amendments to the Law will expire on September 17, 2020; and
WHEREAS,
a six (6) month extension of the emergency amendments is being requested because the
Nation is still experiencing the COVID-19 pandemic and Public Health State of Emergency,
and the extension would allow for the emergency amendments to remain in effect while
the Legislative Operating Committee develops permanent amendments to the Law; and
NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Emergency Management
and Homeland Security law are hereby extended for an additional six (6) month period, effective September
17, 2020, and shall expire on March 17, 2021.
Public Packet
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Extension of the Emergency Amendments to the Emergency Management and Homeland Security
Law
Summary
This resolution extends the emergency amendments to the Emergency Management and Homeland
Security law adopted through resolution BC-03-17-20-E for an additional six (6) months in
accordance with the Legislative Procedures Act.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: August 4, 2020
Analysis by the Legislative Reference Office
This resolution extends the emergency amendments to the Emergency Management and Homeland
Security law (“the Law”) for an additional six (6) month term. The purpose of the Law is to provide
for the development and execution of plans for the protection of residents, property, and the
environment in an emergency or disaster; provide for the direction of emergency management,
response, and recovery on the Reservation, as well as coordination with other agencies, victims,
businesses, and organizations; establish the use of the National Incident Management System;
designate authority and responsibilities for public health preparedness. [1 O.C. 302.1-1].
Emergency amendments to the Law were adopted by the Oneida Business Committee through
resolution BC-03-17-20-E for the purpose of:
Creating a COVID-19 Core Decision Making Team (COVID-19 Team) [3 O.C. 302.101];
Identifying what positions of the Nation serve on the COVID-19 Team [3 O.C. 302.10-1];
Describing the authority delegated to the COVID-19 Team to declare exceptions to any
law, policy, procedure, regulation, or standard operating procedure of the Nation [3 O.C.
302.10-2];
Providing for the duration of authority for exceptions declared by the COVID-19 Team [3
O.C. 302.10-3]; and
Describing how the COVID-19 Team will make its declarations [3 O.C. 302.10-4].
The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency
action where it is necessary for the immediate preservation of the public health, safety or general
welfare of the Reservation population and when enactment or amendment of legislation is required
sooner than would be possible under the LPA. [1 O.C. 109.9-5].
On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the
Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation
Page 1 of 2
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has since been extended until September 11, 2020, through the adoption of resolutions BC-03-2820-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, and BC-08-06-20-A.
On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which
prohibits all public gatherings of any number of people and orders all individuals present within
the Oneida Reservation to stay at home or at their place of residence, with certain exceptions
allowed. On April 21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration
which allowed for gaming and golf operations to resume. On May 19, 2020, the COVID-19 Team
issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that
individuals within the Oneida Reservation should continue to stay at home, businesses can re-open
under certain safer business practices, and social distancing should be practiced by all persons.
Then on June 10, 2020, the COVID-19 Team issued a “Stay Safer at Home” declaration which
lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while
still providing guidance and some restrictions.
The Oneida Business Committee determined that the emergency amendments to the Law were
necessary for the preservation of the public health, safety, and general welfare of the Reservation
population. The emergency amendments to the Law were needed to allow the COVID-19 Team
the ability to act on behalf of the Nation on a daily, or even hourly basis, in order to protect the
Reservation population against the public health crisis that is the COVID-19 pandemic.
Additionally, the Oneida Business Committee determined that observance of the requirements
under the LPA for adoption of this amendment would be contrary to public interest. The process
and requirements of the LPA could not be completed in time to allow the Nation the ability to
adequately address the issues regarding internal operations and laws that arose during the COVID19 pandemic.
The emergency amendments to the Law became effective immediately upon adoption by the
Oneida Business Committee and were set to be effective for six (6) months. The emergency
amendments to the Law will expire on September 17, 2020.
The Legislative Procedures Act authorizes the Oneida Business Committee to extend the adoption
of emergency amendments for an additional six (6) month period. [1 O.C. 109.9-5(b)]. An
extension of the emergency amendments is being requested because the Nation is still experiencing
the effects of the COVID-19 pandemic., and the Legislative Operating Committee needs additional
time to develop the permanent amendments to the Law.
Through this resolution the extension of the emergency amendments to the Law will become
effective on September 17, 2020, when the emergency amendments as adopted through BC-0317-20-E expire, and will remain in effect for an additional six (6) month term which will end on
March 17, 2021.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
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OBC Consideration of Extension of the Emergency Management and Homeland Security Law
Emergency Amendments Adopted through Resolution BC-03-17-20-E
2020 08 26
Title 3. Health and Public Safety – Chapter 302
Yotlihokt# Olihw@=ke
Matters that are concerning immediate attention
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
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302.1. Purpose and Policy
302.2. Adoption, Amendment, Conflicts
302.3. Definitions
302.4. Emergency Management/Homeland Security
302.5. Oneida Nation Emergency Planning Committee (ONEPC)
302.6. Tribal Cooperation
302.7. Public Health Emergencies and Communicable Disease
302.8. When an Emergency is Proclaimed
302.9. Enforcement and Penalties
302.10. COVID-19 Core Decision Making Team
302.1. Purpose and Policy
302.1-1. The purposes of this law are to:
(a) provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; and
(b) provide for the direction of emergency management, response, and recovery on the
Reservation; as well as coordination with other agencies, victims, businesses, and
organizations; and
(c) establish the use of the National Incident Management System (NIMS); and
(d) designate authority and responsibilities for public health preparedness.
302.1-2. It is the policy of this law to provide:
(a) a description of the emergency management network of the Nation; and
(b) authorization for specialized activities to mitigate hazardous conditions and for the
preparation of Tribal emergency response management plans, as well as to address
concerns related to isolation and/or quarantine orders, emergency care, and mutual aid; and
(c) for all expenditures made in connection with such emergency management activities
to be deemed specifically for the protection and benefit of the inhabitants, property, and
environment of the Reservation.
302.2. Adoption, Amendment, Conflicts
302.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-15-98A and amended by BC-12-20-06-G, BC-05-13-09-F, and emergency amended by BC-03-17-20E.
302.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
302.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
302.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control.
302.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
302.3. Definitions
302.3-1. This section shall govern the definitions of words or phrases as used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Biological Agent” means an infectious disease or toxin that has the ability to adversely
3 O.C. 302 – Page 1
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affect human health in a variety of ways, from mild allergic reactions to serious medical
conditions, and including death.
(b) “Communicable Disease” means any disease transmitted from one person or animal to
another directly by contact with excreta or other discharges from the body, or indirectly via
substances or inanimate objects that may cause a public health emergency.
(c) “Community/Public Health Officer” means an agent of the OCHS, or his or her
designee(s), who is responsible for taking the appropriate actions in order to prevent a
public health emergency from occurring on the Reservation.
(d) “COVID-19” means a mild to severe respiratory illness that is caused by a coronavirus,
is transmitted chiefly by contact with infectious material, and is characterized especially
by fever, cough and shortness of breath and may progress to pneumonia and respiratory
failure.
(e) “Director” means the Director of the Nation’s Emergency Management/Homeland
Security Agency.
(f) “Emergency Management Network” means the entities, volunteers, consultants,
contractors, outside agencies, and any other resources the Nation may use to facilitate interagency collaboration, identify and share resources, and better prepare for local incidents
and large-scale disasters.
(g) “Emergency Operations Plan” means the plan established to coordinate mitigation,
preparedness, response, and recovery activities for all emergency or disaster situations
within the Reservation.
(h) “Entity” means any Tribal agency, board, committee, commission, or department.
(i) “Fair Market Value” means the everyday cost of a product in an ordinary market, absent
of a disaster.
(j) “Isolation” means the separation of persons or animals presumably or actually infected
with a communicable disease, or that are disease carriers, for the usual period of
communicability of that disease in such places and under such conditions as will prevent
the direct or indirect transmission of an infectious agent to susceptible people or to those
who may spread the agent to others.
(k) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(l) “Nation” means the Oneida Nation.
(m) “National Incident Management System” or “NIMS” means the system mandated by
Homeland Security Presidential Directive 5 (HSPD 5) that provides a consistent
nationwide approach for federal, state, local, and tribal governments to work effectively
and efficiently together to prepare for, prevent, respond to, and recover from domestic
incidents, regardless of cause, size, or complexity.
(n) “OCHS” means the Oneida Community Health Services, which is authorized to issue
compulsory vaccinations, require isolation, and quarantine individuals in order to protect
the public health.
(o) “Oneida Nation Emergency Planning Committee” or “ONEPC” means the committee
that assists the Director in the implementation of this law.
(p) “Proclaim” means to announce officially and publicly.
(q) “Public Health Emergency” means the occurrence or imminent threat of an illness or
health condition which:
3 O.C. 302 – Page 2
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(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of
people.
(r) “Quarantine” means the limitation of freedom of movement of persons or animals that
have been exposed to a communicable disease or chemical, biological, or radiological
agent, for a period of time equal to the longest usual incubation period of the disease or
until there is no risk of spreading the chemical, biological, or radiological agent. The
limitation of movement shall be in such manner as to prevent the spread of a communicable
disease or chemical, biological, or radiological agent.
(s) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(t) “Vital Resources” means food, water, equipment, sand, wood, or other materials
obtained for the protection of life, property, and/or the environment during a proclaimed
emergency.
302.4. Emergency Management/Homeland Security
302.4-1. There is hereby created an Emergency Management/Homeland Security Agency
which is responsible for planning and coordinating the response to a disaster or emergency that
occurs within the boundaries of the Reservation.
302.4-2. The Director shall be responsible for coordinating and planning the operational
response to an emergency and is hereby empowered to:
(a) organize and coordinate efforts of the emergency management network of the Nation.
(b) implement the Emergency Operations Plan as adopted by the Oneida Business
Committee.
(c) facilitate coordination and cooperation between entities and resolve questions that may
arise among them.
(d) incorporate the HSPD 5, issued on February 28, 2003 which requires all Federal, state,
local, and tribal governments to administer the best practices contained in the NIMS.
(e) coordinate the development and implementation of the NIMS within the Nation.
(f) ensure that the following occurs:
(1) an Emergency Operations Plan is developed and maintained, and includes
training provisions for applicable personnel.
(2) emergency resources, equipment, and communications systems are developed,
procured, supplied, inventoried, and accounted for.
(g) establish the line of authority as recorded in the Emergency Operations Plan as adopted
by the Oneida Business Committee.
(h) enter into mutual aid and service agreements with tribal, local, state, and federal
governments, subject to Oneida Business Committee approval.
302.4-3. In the event of a proclamation of an emergency on the Reservation, the Director is
hereby empowered:
(a) to obtain vital resources and to bind the Nation for the fair market value thereof, upon
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approval of the Emergency Management/Homeland Security purchasing agent, who is
identified in the Emergency Operations Plan. If a person or business refuses to provide the
resource(s) required, the Director may commandeer resources for public use and bind the
Nation for the fair market value thereof. In the event the purchasing agent is unavailable,
the chain of command, as approved by the Oneida Business Committee, shall be followed.
(b) to require emergency activities of as many Tribal members and/or employees as
deemed necessary.
(c) to execute all of the ordinary powers of the Director, all of the special powers conferred
by this law or by resolution adopted pursuant thereto, all powers conferred on the Director
by any agreement approved by the Oneida Business Committee, and to exercise complete
emergency authority over the Reservation.
(d) to coordinate with tribal, federal, state, and local authorities.
302.5. Oneida Nation Emergency Planning Committee (ONEPC)
302.5-1. The ONEPC shall consist of representatives from entities and a community
representative as identified in the ONEPC bylaws as approved by the Oneida Business Committee.
302.5-2. The ONEPC shall meet as necessary to assist the Director in drafting and maintaining
the Emergency Operations Plan.
302.5-3. At the request of the Director, the ONEPC shall provide assistance to the Director in
the implementation of the provisions of this law or any plan issued thereunder.
302.6. Tribal Cooperation
302.6-1. All entities shall comply with reasonable requests from the Director relating to
emergency planning, emergency operations, and federal mandate compliance.
302.6-2. A person who is disabled or dies while serving as a public safety officer, as defined in
the Public Safety Officers’ Benefits Program, the spouse of that person and/or any children of
that person may be eligible for benefits as determined by the Bureau of Justice Assistance under
the Public Safety Officers’ Benefits Program, 42 U.S.C. ch. 46, subch. XII.
302.7. Public Health Emergencies and Communicable Disease
302.7-1. In order to prevent a public health emergency, the Director and the Community/Public
Health Officer shall take action to limit the spread of any communicable disease, in accordance
with this law.
302.7-2. If the Community/Public Health Officer suspects or is informed of the existence of any
communicable disease, the Community/Public Health Officer shall investigate and make or cause
examinations to be made, as are deemed necessary.
302.7-3. The Community/Public Health Officer may quarantine, isolate, require restrictions, or
take other communicable disease control measures as necessary. Any individual, including an
authorized individual, who enters an isolation or quarantine premises may be subject to isolation
or quarantine under this law.
(a) The list of quarantinable diseases shall be specified in a resolution adopted by the
Oneida Business Committee as recommended by the Community/Public Health Officer.
(b) The Community/Public Health Officer shall immediately quarantine, isolate, or take
other communicable disease control measures upon an individual if the Community/Public
Health Officer receives a diagnostic report from a physician or a written or verbal
notification from an individual or his or her parent or caretaker that gives the
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Community/Public Health Officer a reasonable belief that the individual has a
communicable disease that is likely to cause a public health emergency.
(c) When the Community/Public Health Officer deems it necessary that an individual be
quarantined or otherwise restricted in a separate place, the Community/Public Health
Officer shall have that individual removed to such a designated place, if it can be done
without danger to the individual’s health.
Cross-reference: See also Resolution Identifying Quarantinable Diseases BC-05-13-09-G.
302.7-4. The Community/Public Health Officer shall act as necessary to protect the public,
including requesting the Director to take steps to have a public health emergency proclaimed, as
identified in 302.8.
302.7-5. If an individual is infected with a communicable disease and the Community/Public
Health Officer determines it is necessary to limit contact with the individual, all persons may be
forbidden from being in direct contact with the infected individual, except for those persons having
a special written permit from the Community/Public Health Officer.
302.7-6. The Nation’s law enforcement agency shall work with the Community/Public Health
Officer to execute the Community/Public Health Officer’s orders and properly guard any place if
quarantine or other restrictions on communicable disease are violated or intent to violate is
manifested.
302.7-7. Expenses for necessary medical care, food, and other articles needed for an infected
individual shall be charged against the individual or whoever is liable for the individual’s support.
The OCHS is responsible for the following costs accruing under this section unless the costs are
payable through third party liability or through any benefit system:
(a) the expense for law enforcement assistance under 302.7-4.
(b) the expense of maintaining quarantine and isolation of the quarantined area.
(c) the expense of conducting examinations and tests made under the direction of the
Community/Public Health Officer.
(d) the expense of care for dependent persons of the infected individual.
302.7-8. When a public health emergency is proclaimed, the Community/Public Health Officer
may do all of the following, as necessary:
(a) order an individual to receive a vaccination, unless the vaccination is reasonably likely
to lead to serious harm to the individual or the individual, for reason of religion or
conscience, refuses to obtain the vaccination.
(b) isolate or quarantine individuals, including those who are unable or unwilling to receive
the vaccination under (a).
(c) prevent any individual, except for those individuals authorized by the
Community/Public Health Officer, from entering an isolation or quarantine premises.
302.8. When an Emergency is Proclaimed
302.8-1. The Oneida Business Committee shall be responsible for proclaiming or ratifying the
existence of an emergency and for requesting a gubernatorial or presidential declaration.
302.8-2. The Director may request that the Oneida Business Committee proclaim the existence
of an emergency. In the event the Oneida Business Committee is unable to proclaim or ratify the
existence of an emergency, the Director may proclaim an emergency which shall be in effect until
such time the Oneida Business Committee can officially ratify this declaration. The Oneida
Business Committee may proclaim the existence of an emergency without a request from the
Director, if warranted.
3 O.C. 302 – Page 5
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302.8-3. The emergency management network of the Reservation shall be as specified in the
Emergency Operations Plan, as adopted by the Oneida Business Committee.
302.8-4. The provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals
Ordinance, shall not apply during a proclaimed emergency. During a proclaimed emergency, the
Conservation Department shall be responsible for the care, disposal, and sheltering of all
abandoned domestic animals and livestock.
302.8-5. No proclamation of an emergency by the Oneida Business Committee or the Director
may last for longer than thirty (30) days, unless renewed by the Oneida Business Committee. After
an emergency has subsided, the Director shall prepare, or shall work in conjunction with the
appropriate entity to prepare, an after-action report to be presented to the Oneida Business
Committee, any interested entity, and the public. This report shall be presented to the required
parties no longer than sixty (60) days after the emergency has subsided, unless an extension is
granted by the Oneida Business Committee.
302.9. Enforcement and Penalties
302.9-1. It shall be a violation of this law for any person to willfully obstruct, hinder, or delay
the implementation or enforcement of the provisions of this law or any plan issued thereunder,
whether or not an emergency has been proclaimed.
(a) Violators of this law may be subject to a fine of not more than $200 per violation to be
issued by the Oneida Police Department and paid to the Nation. Employees of the Nation
who violate this law during their work hours or who refuse to follow the Emergency
Operations Plan may be subject to disciplinary action instead of a fine.
302.9-2. All fines assessed under this section shall be paid within sixty (60) days of issuance of
the citation, unless the person files an appeal with the Judiciary before the fine is to be paid.
302.9-3. Employees of the Nation who are disciplined under this law may appeal the disciplinary
action in accordance with the personnel policies and procedures of the Nation.
302.10. COVID-19 Core Decision Making Team
302.10-1. Creation of Core Decision Making Team. There is hereby created a COVID-19 Core
Decision Making Team (COVID-19 Team) which shall exist by declaration of a public health
emergency under this law. The COVID-19 Team shall be made up of the following persons:
(a) Oneida Business Committee Officers which includes the Chairperson, Vice
Chairperson, Treasurer, Secretary;
(b) Legislative Operating Committee Chairperson;
(c) General Manager;
(d) Gaming General Manager;
(e) Gaming Assistant Chief Financial Officer;
(f) Chief Financial Officer;
(g) Intergovernmental Affairs and Communications Director; and
(h) Public Relations Director.
302.10-2. Delegation of Authority. The COVID-19 Team shall have emergency authority to take
the following actions.
(a) Notwithstanding any requirements of the Legislative Procedures Act, declare
exceptions to the Nation’s laws during the emergency period which will be of immediate
impact for the purposes of protecting the health, safety, and general welfare of the Nation’s
community, members, and employees.
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(b) Notwithstanding any requirements in any policy, procedure, regulation, or standard
operating procedures, declare exceptions to any policy, procedure, regulation, or standard
operating procedure during the emergency period which will be of immediate impact for
the purposes of protecting the health, safety, and general welfare of the the Nation’s
community, members, and employees.
302.10-3. Duration of Authority for Exceptions Declared by the COVID-19 Team. Any actions
taken under authority granted in this section shall be effective upon the date declared by the
COVID-19 Team and shall be effective for the duration of any declared emergency, or for a shorter
time period if identified.
(a) The Oneida Business Committee may change or extend any emergency actions taken
by the COVID-19 Team.
302.10-4. Declarations. All declarations made by the COVID-19 Team shall:
(a) be written on the Nation’s letterhead;
(b) provide the date the declaration was issued;
(c) contain a clear statement of the directives;
(d) provide the date the directive shall go into effect;
(e) be signed by the Oneida Business Committee Chairperson, or Vice Chairperson in the
Chairperson’s absence; and
(f) be posted on the Nation’s COVID-19 web site.
End.
Adopted - BC-07-15-98-A
Amended -BC-12-20-06-G
Emergency Amended –BC-04-30-09-A (Influenza A (H1N1))
Amended-BC-05-13-09-F
Emergency Amended – BC-03-17-20-E
Extension of Emergency – BC-__-__-__-__
3 O.C. 302 – Page 7
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Oneida Business Committee Agenda Request
Adopt resolution entitled Creating Set Aside for Home Mortgage Funding
1. Meeting Date Requested:
08 / 26 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt resolution titled, Creating Set Aside for Home Mortgage Funding."
3. Supporting Materials
Report
Resolution
Contract
Other:
1. SOE
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Trish King, Treasurer
Primary Requestor/Submitter:
Brian A Doxtator, Executive Assistant to Tribal Treasurer
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Background:
On March 26, 1998, the OBC adopted BC Resolution 3-26-98-A, which designated the Oneida Housing Authority
as the Tribally Designated Housing Entity by operation of federal law, and that as the Tribally Designated
Housing Entity, OHA authorizes and submits the plan and application to the US Department of Housing and
Urban Development for the purposes of securing affordable, well built housing.
On April 17, 1998, a Home Mortgage Loan account fund was established at Bay Bank. The funds in this account
include payments made on mortgages, loans and interest earned.
Transactions throughout the year are paid through the General Fund payroll, mortgage loans and rehabilitation
costs to fix the homes that are acquired via Buyback clause, foreclosure, 1st right of refusal with Bay Bank, and
homes through land purchases. Annual average transactions totaled $12.1M. Calendar year 2020's average
decreased to $10.8M.
In addition, when the Residential Sale homes are sold, the loan program pays back the Land Acquisition fund the
appraised value of the home. The loan program receives the gain from sale, if there is a gain, and this amount
goes back into the loan program.
The current balance within this account is $5.5M.
Resolution #3-26-98-A was repealed in 2008 (BC Resolution #06-30-08-B); the Oneida Nation (Tribe) designated
the Oneida Nation (Oneida Tribe of Indians of Wisconsin) as the Tribally Designated Housing Entity. (TDHE)
Requested Motion:
Adopt Resolution titled, "Creating Set Aside for Home Mortgage Funding."
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
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # Leave this line blank
Creating Set Aside for Home Mortgage Funding
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the General Tribal Council has stated, as early as the 1930s minutes, that reacquisition of
the land is a priority of the Nation; and
WHEREAS,
the Oneida Business Committee, the current and prior terms, has set reacquisition of the
land as a priority of the Nation; and
WHEREAS,
the Oneida Nation has offered programs where the Nation issues a home mortgage loan
to members for many years through the Division of Land Management and now housed in
the Comprehensive Housing Division; and
WHEREAS,
there is currently set aside a fund in the amount of $5,523,655.70 at BayBank which is
used for this purpose; and
WHEREAS,
the Oneida Business Committee desires to set protections around this fund and to dedicate
it to the purpose of home mortgage loan funding programs;
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee directs that the home mortgage
loan account residing at BayBank shall be maintained for the purposes of home mortgage loan programs
of the Oneida Nation and that any withdrawals other specifically identified in this resolution shall require a
two-thirds vote of the Oneida Business Committee and Land Commission.
BE IT FURTHER RESOLVED, that all mortgage payments made on loans issued from this fund shall be
returned to the fund and interest accrued by the fund shall be returned to the fund.
BE IT FURTHER RESOLVED, annually, during the month of January, the Treasurer shall cause to have
25% of annual interest earned from the home mortgage loan account to be paid to the Nation’s general
fund to offset operational costs related to home mortgage loan programs utilizing this account.
BE IT FINALLY RESOLVED, that the principal in the account shall not be reduced below $1 million and
the Treasurer, from time to time as funds are available, may deposit additional funds which shall be
considered a party of the home mortgage fund upon deposit.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Creating Set Aside for Home Mortgage Funding
Summary
This resolution sets protections around certain home mortgage funds that are residing in an
account at Bay Bank and declares that the funds be dedicated to the Nation’s home mortgage
loan funding programs.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: August 18, 2020
Analysis by the Legislative Reference Office
Dating back to the 1930’s, the General Tribal Council has made reacquisition of land a priority
of the Oneida Nation. Accordingly, the Oneida Business Committee, throughout its current and
previous terms, has set the reacquisition of land as one of the Nation’s priorities by, among other
actions, offering programs where the Nation issues a home mortgage loan to members through
the Division of Land Management, which is now housed in the Comprehensive Housing
Division.
There is currently a fund set aside at Bay Bank that was created for purposes of the Nation’s
home mortgage loan programs (“Fund”). This resolution sets the following protections around
the Fund:
x
x
x
x
That, the home mortgage loan account residing at Bay Bank be maintained for the home
mortgage loan programs of the Oneida Nation and that any withdrawals other than as
specifically identified within this resolution shall require a two-thirds vote of the Oneida
Business Committee and Land Commission;
That, all mortgage payments made on loans issued from the Fund shall be returned to the
Fund and interest accrued by the Fund shall be returned to the Fund;
That, annually, during the month of January, the Treasurer shall cause to have 25% of
annual interest earned from the Fund account to be paid to the Nation’s general fund to
offset operational costs related to home mortgage loan programs utilizing the Fund; and
That, the principal in the account shall not be reduced below one million dollars and the
Treasurer, from time to time as funds are available, may deposit additional funds which
shall be considered a part of the Fund upon deposit.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
Page 1 of 1
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Oneida Tribe of Indians of Wisconsin
BUSINESS COMMITTEE
UGWA DEMOLUM YATEHE
Oneidas bringing several
hundred bags of corn to
Washington's starving army
at Valley Forge, after the
colonists had consistently
refused to aid them.
P.O. Box 365· Oneida, WI 54155
Telephone: 920-869-4364 • Fax: 920-869-4040
Because of the help of
this Oneida Chief in
cementing a friendship
between the six nations
and the colony of
Pennsylvania, a new
nation, the UnHed States
was made possible.
BC Resolution 06-30-08-B
Designating the Tribe as the Tribally Designated Housing Entity
WHEREAS,
the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government
and a treaty tribe recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians
of Wisconsin; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV of the
Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee passed Resolution 3-26-98-A, "Designating The Oneida
Housing Authority as the Tribally Designated Housing Entity; and
WHEREAS,
due to changing circumstances, the Oneida Business Committee desires to designate the
Oneida Tribe oflndians of Wisconsin to be the Tribally Designated Housing Entity and
receive the block grant under the Native American Housing Assistance and SelfDetermination Act of 1996, 25 U.S.C. §§ 4101 et seq., as amended ("NAHASDA")
instead of the Oneida Housing Authority.
NOW THERFORE BE IT RESOLVED the Oneida Business Committee does hereby officially repeal
Resolution 3-26-98-A "Designating The Oneida Housing Authority as the Tribally Designated Housing
Entity".
NOW BE IT FINALLY RESOLVED the Oneida Tribe of Indians of Wisconsin, pursuant to
NAHASDA and 24 C.F.R. 1000.204 hereby designates itself as the Tribally Designated Housing Entity
and the recipient of the NAHASDA block grant.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certifY that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum. ..1..members
were present at a meeting duly called, noticed and held on the 30 th day of June, 2008; that the foregoing
resolution was duly adopted at such meeting by a vote of ~members for; ..Q.members against; and ..Q
members not voting; and that said resolution has not been rescinded or amended in any way.
Patricia Hoeft, Tribal Se retary
Oneida Business Committee
• According to the By-Laws, Article I, Section I, the Chair votes "only in the case of a tie.
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Accept the August 17, 2020, regular Finance Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
08/24/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Trish King, Treasurer
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
DVIGUE
☐ Unbudgeted
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FINANCE COMMITTEE
FC REG ULAR MEETING
August 17, 2020 ▪ Time: 9:00 A.M
BC Conference Room
REGULAR MEETING MINUTES
FC MEMBERS PRESENT (Via Teams):
Patricia King, Treasurer/FC Chair
Jennifer Webster, BC Council Member
Chad Fuss, Gaming AGM; GGM Alt.
Larry Barton, CFO/FC Vice-Chair
Daniel Guzman King, BC Council Member
Patrick Stensloff, Purchasing Director
OTHERS PRESENT (Via Teams): Debbie Danforth, Mari Kreischer, Mercie Danforth, Henrietta
Cornelius, and James Bittorf
I.
CALL TO ORDER: The FC Regular Meeting was called to order by the FC Chair at 9:03 A.M.
II.
APPROVAL OF AGENDA: AUGUST 17, 2020
Motion by Larry Barton to approve the Aug. 17, 2020 FC Meeting Agenda with one ADD
ON from Wise Women Gathering Place. Seconded by Jennifer Webster. Motion carried
unanimously.
APPROVAL OF MINUTES: MARCH 2, 2020 (Approved via E-Poll on 03/03/20):
III.
Motion by Jennifer Webster to ratify the FC E-Poll action taken on Mar. 3, 2020 approving
the Mar. 2, 2020 Finance Committee Meeting Minutes. Seconded by Larry Barton. Motion
carried unanimously.
APPROVE FC SPECIAL E-POLLS:
IV.
1.
State of Wisconsin – June 2020 DWD Payment -Finance (Approved on 7/17/20):
Motion by Jennifer Webster to ratify the FC E-Poll action taken on Jul. 17, 2020 approving the
check request for the State of Wisconsin – June 2020 DWD Payment. Seconded by Daniel
Guzman King. Motion carried unanimously.
2.
PRN Home Health and Therapy LLC – AJRCCC (Approved on 7/24/20):
Motion by Larry Barton to ratify the FC E-Poll action taken on Jul. 24, 2020 approving the
PRN Home Health and Therapy LLC Purchase Order. Seconded by Jennifer Webster. Motion
carried unanimously.
3.
Houghton Mifflin Contract – ONES (Approved on 7/30/20):
Motion by Larry Barton to ratify the FC E-Poll action taken on Jul. 30, 2020 approving the
Houghton Mifflin contract /Purchase Order. Seconded by Jennifer Webster. Motion carried
unanimously.
4.
Camera Corner – Consolidated Health (Approved on 8/3/20):
Motion by Jennifer Webster to ratify the FC E-Poll action taken on Aug. 3, 2020 approving the
Camera Corner contract/Purchase Order.
Seconded by Chad Fuss. Motion carried
unanimously.
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5.
Technical Security Integration, Inc. – MIS (Approved on 8/4/20):
Motion by Jennifer Webster to ratify the FC E-Poll action taken on Aug. 4, 2020 approving the
Technical Security Integration, Inc. contract/Purchase Order. Seconded by Larry Barton.
Motion carried unanimously.
V.
TABLED BUSINESS: None
VI.
CAPITAL EXPENDITURES: None
VII.
NEW BUSINESS:
1.
FY21 Blkt PO – Fry Bread Heaven -Employee Discounts
Louise Cornelius, Gaming Administration
Amount: $137,800.
Motion by Chad Fuss to delete this item from the agenda as vendor’s services are not being
renewed. Seconded by Jennifer Webster. Motion carried unanimously.
2.
FY21 Blkt PO – Radisson -Space Lease
Louise Cornelius, Gaming Administration
Amount: $162,144.
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with the Radisson for
space lease (food court) in the amount of $162,144.00. Seconded by Larry Barton. Motion
carried unanimously.
3.
FY21 Blkt PO – Radisson – Comps. -Items/Svs.
Louise Cornelius, Gaming Administration
Amount: $1,500,000.
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with the Radisson for
Customer Comps of rooms & beverages in the amount of $1,500,000.00. Seconded by Daniel
Guzman King. Motion carried unanimously.
4.
FY21 Blkt PO – M3 Insurance Solutions -Gam. Wellness
Louise Cornelius, Gaming Administration
Amount: $338,400.
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with M3 Insurance
Solutions for Nursing & Chiropractic services for Gaming Employees in the amount of
$338,400.00. Seconded by Patrick Stensloff. Motion carried unanimously.
5.
A/P Check Request – DWD UID (Claims Month-July)
Ra Linda Ninham-Lamberies, Finance Administration
Amount: $1,290,571.63
Motion by Jennifer Webster to approve the A/P Check Request for the July unemployment
benefits paid to the State of Wisconsin in the amount of $1,290,571.63. Seconded by Patrick
Stensloff. Motion carried unanimously.
6.
M3 Insurance -Premium Payments
Robert Keck, Risk Management
Amount: $293,461.
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order for the General
Liability Insurance Package in the amount of $293,461.00. Seconded by Chad Fuss. Motion
carried unanimously.
7.
M3 Insurance -Premium Payments
Robert Keck, Risk Management
Amount: $961,528.
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order for General Liability,
Drone, Crime, Cyber, Workmen’s Comp and Pollution in the amount of $961,528.00. Seconded
by Chad Fuss. Motion carried unanimously.
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8.
FY21 Blkt PO – Badger Liquor
Chad Fuss, Gaming Administration
Amount: $350,000.
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There was a discussion for items 8-12 surrounding submission of same amounts from last year given
the pandemic and drop in Gaming Revenues; it was noted this is just the cost of sales and does not
directly affect the budget; all sales are profit; the Chair agreed but noted for the record that this does
affect the overall FY21 Organizational Budget and this should be reduced by how much revenues are
down. She wants all areas to consider this by lowering their requests.
Motion by Larry Barton to approve the FY21 Blanket Purchase Orders #8 through #12 for liquor
for Gaming customers in the amounts as requested. Seconded by Patrick Stensloff. Motion
carried unanimously.
9.
FY21 Blkt PO – Dean Distributing
Chad Fuss, Gaming Administration
Amount: $575,000.
- See Motion in New Business item #8.
10.
FY21 Blkt PO – General Beverage
Chad Fuss, Gaming Administration
Amount: $450,000.
- See Motion in New Business item #8.
11.
FY21 Blkt PO – Kay Beer Distributing
Chad Fuss, Gaming Administration
Amount: $350,000.
- See Motion in New Business item #8.
12.
FY21 Blkt PO – Triangle Distributing
Chad Fuss, Gaming Administration
Amount: $575,000.
- See Motion in New Business item #8.
13.
FY21 Blkt PO – Spectra (Cash & Credit Card Sales Reimbursement) Amount: $2,200,000.
Chad Fuss, Gaming Administration
Motion by Larry Barton to approve the FY21 Blanket Purchase Orders for #13 & #14 with
Spectra in the amounts as requested. Seconded by Jennifer Webster. Motion carried
unanimously.
14.
FY21 Blkt PO – Spectra (Comps Reimbursement)
Chad Fuss, Gaming Administration
Amount: $850,000.
- See Motion in New Business item #13.
15.
FY21 Blkt PO – Spectra (Profit & Loss)
Chad Fuss, Gaming Administration
Amount: $1,600,000.
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order for Spectra for profit
and loss in the amount of $1,600,000.00. Seconded by Larry Barton. Motion carried
unanimously.
VIII.
EXECUTIVE SESSION:
Motion by Larry Barton to go into Executive Session. Seconded by Jennifer Webster. Motion
carried unanimously. Time: 9:41 A.M.
Motion by Jennifer Webster to come out of Executive Session. Seconded by Larry Barton.
Motion carried unanimously. Time: 10:05 A.M.
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1.
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FY21 Blanket PO–Health Related Contract #2012-1217
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2012-1217 with Green Bay Radiology in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
2.
FY21 Blanket PO–Health Related Contract #2005-1991
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2005-1991 with Prevea Lab in the amount as requested. Seconded by Larry Barton. Motion
carried unanimously.
3.
FY21 Blanket PO–Health Related Contract #2012-1284
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2012-1284 with St. Vincent Hospital D/B/A-Prevea Health in the amount as requested. Seconded
by Larry Barton. Motion carried unanimously.
4.
FY21 Blanket PO–Health Related Contract #2012-1259
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2012-1259
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
5.
FY21 Blanket PO–Health Related Contract #2006-2301
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2006-2301 with Casa Clare-Mooring program D/B/A-Apricity in the amount as requested.
Seconded by Larry Barton. Motion carried unanimously.
6.
FY21 Blanket PO–Health Related Contract #2006-2301
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2006-2301 with the Jackie Nitschke Center in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
7.
FY21 Blanket PO–Health Related Contract #2006-2301
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2006-2301 with Keystone Treatment Center-ATODA & Mental Health in the amount as
requested. Seconded by Larry Barton. Motion carried unanimously.
8.
FY21 Blanket PO–Health Related Contract #2006-2301
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2006-2301 with Keystone Treatment Center-Opioid Abuse in the amount as requested. Seconded
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by Larry Barton. Motion carried unanimously.
9.
FY21 Blanket PO–Health Related Contract #2018-0653
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2018-0653
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
10.
FY21 Blanket PO–Health Related Contract #2018-0654
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2018-0654
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
11.
FY21 Blanket PO–Health Related Contract #2018-0651
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2018-0651
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
12.
FY21 Blanket PO–Health Related Contract #2018-0655
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2018-0655
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
13.
FY21 Blanket PO–Health Related Contract #2017-0808
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2017-0808 with Prevea Clinics, Inc/St. Vincent Hospital (Psychiatric) in the amount as requested.
Seconded by Larry Barton. Motion carried unanimously.
14.
FY21 Blanket PO–Health Related Contract #2019-1399
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2019-1399
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
15.
FY21 Blanket PO–Health Related Contract #2018-0650
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2018-0650
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
16.
FY21 Blanket PO–Health Related Contract #2017-1425
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
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Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2017-1425 with Regroup Therapy Telehealth Services in the amount as requested. Seconded by
Larry Barton. Motion carried unanimously.
17.
FY21 Blanket PO–Health Related Contract #2012-1552
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2012-1552
with Reinhart Foods in the amount as requested. Seconded by Larry Barton. Motion carried
unanimously.
18.
FY21 Blanket PO–Health Related Contract #2019-0784
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2019-0784 with PRN Home Health & Therapy in the amount as requested. Seconded by Larry
Barton. Motion carried unanimously.
19.
FY21 Blanket PO–Health Related Contract #2008-1602
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2008-1602 with STAT Temporary Service in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
20.
FY21 Blanket PO–Health Related Contract #2016-0397
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2016-0397 with PRN Health Services, Inc. in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
21.
FY21 Blanket PO–Health Related Contract #2019-0134
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2019-0134 with BSG Maintenance Inc. in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
22.
FY21 Blanket PO–Health Related Contract #2016-0431
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2016-0431 with Walgreens Pharmacy in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
23.
FY21 Blanket PO–Health Related Contract #2019-1432
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2019-1432 with Aspiro in the amount as requested. Seconded by Larry Barton. Motion carried
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unanimously.
24.
FY21 Blanket PO–Health Related Contract #2019-0696
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2019-0696 with Care 4U New LLC in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
25.
FY21 Blanket PO–Health Related Contract -TBD
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
(number To Be Determined) with the Cerebral Palsy Center in the amount as requested. Seconded
by Larry Barton. Motion carried unanimously.
26.
FY21 Blanket PO–Health Related Contract #2016-0118
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2016-0118 with Clarity Care in the amount as requested. Seconded by Larry Barton. Motion
carried unanimously.
27.
FY21 Blanket PO–Health Related Contract #2020-0115
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2020-0115 with Curative Connections in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
28.
FY21 Blanket PO–Health Related Contract #2018-1514
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2018-1514 with Good Shepherd Services, LTD in the amount as requested. Seconded by Larry
Barton. Motion carried unanimously.
29.
FY21 Blanket PO–Health Related Contract #2017-0474
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2017-0474 with Helping Hands in the amount as requested. Seconded by Larry Barton. Motion
carried unanimously.
30. FY21 Blanket PO–Health Related Contract #2019-1431
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2019-1431 with L.I.F.E. Academy in the amount as requested. Seconded by Larry Barton. Motion
carried unanimously.
31. FY21 Blanket PO–Health Related Contract #2020-0111
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
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Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2020-0111 with Abby Vans in the amount as requested. Seconded by Larry Barton. Motion
carried unanimously.
32. FY21 Blanket PO–Health Related Contract #2019-1431
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2019-1431 with Lamers Medical Transport in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
33. FY21 Blanket PO–Health Related Contract #2010-1136
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2010-1136
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
34. FY21 Blanket PO–Health Related Contract #2011-1074
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order contract #2011-1074
with the Independent Health Provider in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
35. FY21 Blanket PO–Health Related Contract # ?
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
(No contract number) with Master’s Touch Dental Lab in the amount as requested. Seconded by
Larry Barton. Motion carried unanimously.
36. FY21 Blanket PO–Health Related Contract # ?
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
(No contract number) with NDX Lords Dental Lab in the amount as requested. Seconded by Larry
Barton. Motion carried unanimously.
37. FY21 Blanket PO–Health Related Contract #2013-1180
Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division
Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order Health Related contract
#2013-1180 with Patterson Dental Supply in the amount as requested. Seconded by Larry Barton.
Motion carried unanimously.
38. FY20/21 Blanket PO- Legal Services Contract #2020-0001
James Bittorf, Oneida Law Office
Motion by Larry Barton to approve the FY21 Blanket Purchase Order contract #2020-0001 with the
Independent Legal Services Provider in the amount as requested. Seconded by Jennifer Webster.
Motion carried unanimously.
39. FY20/21 Blanket PO- Legal Services Contract #2020-0532
James Bittorf, Oneida Law Office
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Motion by Larry Barton to approve the FY21 Blanket Purchase Order Legal Services contract
#2020-0532 with Jenner and Block in the amount as requested. Seconded by Jennifer Webster.
Motion carried unanimously.
IX.
FOLLOW UP: None
X.
ADD ON: CF Request for Product-Wise Women Gathering Place
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Motion by Larry Barton to approve thirty (30) cases of Coca-Cola Product for use by the Wise
Women Gathering place for their safe parking initiative. Seconded by Jennifer Webster. Motion
carried unanimously.
XI.
FOR INFORMATION ONLY:
1.
Everi – 6 Vault Lease Games (Fr 3/16 agenda)
David Emerson, Gaming Slots Dept.
Motion by Jennifer Webster to approve FYI items #1 through #6. Seconded by Patrick Stensloff.
Motion carried unanimously.
2.
Aristocrat – 4 Lease Games (Fr 3/16 agenda)
David Emerson, Gaming Slots Dept.
- See Motion in FYI item #1.
3.
Scientific Games – 3 Lease Games (Fr 3/16 agenda)
David Emerson, Gaming Slots Dept.
- See Motion in FYI item #1.
4.
Scientific Games – 7 Lease Games (Fr 3/16 agenda)
David Emerson, Gaming Slots Dept.
- See Motion in FYI item #1.
5.
FY21- Gaming Compact Fees
Louise Cornelius, Gaming Administration
- See Motion in FYI item #1.
6.
FY21 – Gaming Fees to NIGC
Louise Cornelius, Gaming Administration
- See Motion in FYI item #1.
XII.
ADJOURN: Motion by Daniel Guzman King to adjourn.
Motion carried unanimously. Time: 11:30 A.M.
Seconded by Patrick Stensloff.
Minutes submitted by:
Denise J. Vigue, Executive Assistant to the CFO
& Finance Committee Contact/Recording Secretary
Finance Committee Approval Date of Minutes via E-Poll:
August 18, 2020
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INTERNAL MEMO
TO:
Finance Committee
FR:
Denise J. Vigue, Executive Assistant to the CFO &
Finance Committee Support /Contact
DT:
August 18, 2020
RE:
E-Poll Results - FC Meeting Minutes of August 17, 2020
An E-Poll vote of the Finance Committee was conducted to approve the Finance
Committee meeting minutes of Aug. 17, 2020. The E-Poll and minutes were sent out
yesterday and the E-Poll was concluded today. The results of the completed E-Poll are
as follows:
E-POLL RESULTS:
Th ere was a M aj or i ty o f 5 FC m em b ers v ot i ng t o a p pr ov e t h e A ug . 1 7 , 20 2 0
Fi na nc e Co m m it te e M ee t in g M i nu t es . FC M e mb ers v o t in g i nc lu d ed : L arry B art o n,
Da n ie l G uz m a n K i ng , J en n if er We bs te r , P atr ic k S te ns l of f an d C h ad Fus s .
These Finance Committee Minutes of Aug. 17, 2020 will be placed on the next Finance
Committee agenda to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC
will be submitted to the Secretary’s Office once a month for Council acceptance.
E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC
SOP’s on Electronic Voting.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
Public Packet
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Oneida Business Committee Agenda Request
Approve the Oneida Nation School Board bylaws
1. Meeting Date Requested:
08 / 26 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Standing Committees
Accept as Information only
Action - please describe:
Consider the Oneida Nation School Board Bylaws Amendments for adoption.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Bylaws Amendments Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Kristen Hooker, LRO Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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ONEIDA NATION SCHOOL BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Nation School Board and may
hereinafter be referred to as the Board.
1-2.
Establishment. The Oneida Nation School Board was established in 1977 by the Oneida
General Tribal Council.
1-3.
Authority.
(a)
(b)
Purpose. The Board was established to coordinate existing and future
education programs of the Oneida Nation; per directive of the Oneida
General Tribal Council, to be an autonomous administrator of the Oneida
Nation School System (“System”) under a Memorandum of Agreement
with the Oneida Business Committee; and to administer the Oneida Nation
School System Endowment in accordance with the Nation’s Endowments
law as authorized under resolution BC-02-27-19-B.
Powers and Duties. In accordance with the Oneida General Tribal Council’s
directive, on March 21, 1988, the Board entered into a Memorandum of
Agreement (“MOA”) with the Oneida Business Committee, delegating
certain powers and duties to the Board, which, subject to amendment from
time-to-time hereafter, include, but are not limited to:
(1)
Overseeing and planning, in coordination with the Oneida Business
Committee, for the academic and cultural growth of the students
within the System;
(2)
Monitoring school operations and development, ensuring their
compliance with sound academic practice and consistency with
community priorities, as well as the Nation’s initiatives and
planning;
(3)
Approving all curriculum developed and implemented for use
within the System, ensuring quality academic instruction that
incorporates Oneida cultural tenets;
(4)
Providing direct involvement in the process of personnel matters, as
prescribed in the MOA, to be consistent with the Nation’s Personnel
Policies and Procedures so as to ensure the maintenance of quality
staff and policy benefiting the harmony of the staff and ultimately
the students within the System;
(5)
Reviewing, endorsing and submitting all contracts, grants, and
proposals relative to the System’s operation and planning consistent
with the Nation’s policies and procedures, as well as the System’s
funding cycles, by ensuring a level of funding that corresponds with
the System’s developmental and operational needs;
(6)
Meeting with the Oneida Business Committee to negotiate any
disputes which may arise between the Oneida Business Committee
and the Board;
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(7)
(c)
Monitoring long and short-range educational programming for the
students attending Nation-specific programs of study; and
(8)
Developing and maintaining consistent procedures to be employed
as it carries out its charge to the Oneida General Tribal Council and
the Oneida Nation School System.
The Board shall adhere to the laws of the Nation when exercising the
authority delegated it under the MOA, as may be amended from time-totime hereafter, and shall further exercise any other powers and duties
delegated to the Board through the laws, policies, rules and resolutions of
the Nation in a manner consistent therewith.
1-4.
Office.
The official mailing address of the Oneida Nation School Board is:
Oneida Nation School Board
P.O. Box 365
Oneida, WI 54155-0365
1-5.
Membership.
(a)
Number of Members. The Oneida Nation School Board shall be comprised
of nine (9) members.
(b)
Elected. Members of the Board shall be chosen by election to three (3) year
staggered terms in accordance with any laws and/or policies of the Nation
governing elections.
(1)
Members of the Board shall hold office until their term expires, they
resign, or they are terminated/removed from office.
(A)
A member whose term has expired may remain in office
until his or her successor is sworn in by the Oneida Business
Committee.
(B)
A member may resign at any time either verbally during a
Board meeting or by delivering written notice to the Oneida
Business Committee Support Office and the Board Chairperson or Chairperson’s designee.
(i)
A resignation is deemed effective upon acceptance
by Board motion of the member’s verbal resignation
or upon delivery of the written notices.
(c)
Vacancies. Vacancies of the Board shall be filled as follows:
(1)
Expired Terms. Vacancies caused by term expiration shall be filled
by election in accordance with any laws and/or policies of the Nation
governing elections to office.
(2)
Unexpired Terms. Vacancies that occur before the end of a term
shall be filled by appointment of the Oneida Business Committee
pursuant to the Boards, Committees and Commissions law.
(A)
The Board Chairperson shall provide the Oneida Business
Committee with recommendations on all applications for
appointment to fill a vacancy of an unexpired term byin
accordance with the
executive sessionsubmission deadline for the Oneida
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Business Committee in which the appointment is intended to
be
made.
(d)
Qualifications of Members. Members of the Board shall meet the following
qualifications:
(1)
Be at least eighteen (18) years of age;
(2)
Be enrolled members of the Oneida Nation;
(3)
FourAt least four (4) of the nine (9) members must be
parents/guardians
of a
student
attending enrolled in an educational program that qualifies under
the
Oneida Nation School System; and
(4)
Have passed an Annual Care Giver Background Check (State of
Wisconsin Form F-80264).
1-6.
Termination and Removal. A Board member found to be in violation of these bylaws or
any applicable law, policy and/or resolution of the Nation may be subject to
the following:
(a)
If the member was elected, the Board may direct the Chairperson to file a
petition for his or her removal on behalf of the Board pursuant to the
Removal law and/or any other law of the Nation governing the removal of
elected officials.
(b)
If the member was appointed, the Board may direct the Chairperson to
provide a recommendation to the Oneida Business Committee for his or her
termination in accordance with the Boards, Committees and Commissions
law and/or any other law of the Nation governing the termination of
appointed officials.
(c)
Petitions for removal and/or recommendations for termination shall be
decided by a majority vote of the Board members present at a meeting of an
established quorum.
1-7.
Trainings and Conferences. Board members shall attend the following mandatory trainings
and/or conferences:
(a)
As recommended by the Superintendent;
(b)
Bi-annual trainings/conferences with the Bureau of Indian Education;
(c)
Interview Certification from Oneida Nation; and/or
(d)
Disciplinary Action from Oneida Nation.
(e)
Regardless of the number of trainings/conferences that he or she is required
to attend, no member of the Board shall be eligible to receive stipends for
attending more than five (5) full days of mandatory trainings/conferences
per year.
Article II. Officers
2-1. Officers.
2-2.
The Officer positions for the Oneida Nation School Board shall consist of a
Chairperson, a Vice-Chairperson and a Secretary.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson shall be to:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
Call and preside over all regular meetings, emergency meetings and
hearings of the Board;
Represent the Board and the System at official functions;
Ensure that the Board complies in its charge to the Nation and the System;
Be an ex officio member of any committee established by the Board;
Carry out all general duties and powers assigned to the Board pursuant to
the Oneida Nation’s Constitution, any laws of the Nation and the most
current version of the MOA, which may be amended from time-to-time
hereafter;
Submit, or through a designee submit, annual and semi-annual reports to the
Oneida General Tribal Council, as well as quarterly reports to the Oneida
Business Committee, in accordance with the Boards, Committees and
Commissions law; and submit other reports as required by resolution BC02-27-19-B, the most current version of the MOA, and any other governing
law, policy or resolution of the Nation; and
Attend, or designate a member to attend, the Oneida Business Committee
meeting in which the Board’s quarterly report appears on the agenda.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson shall be to:
(a)
Act in replacement of the Board Chairperson should for any reason he or
she be unable to carry out the above prescribed powers and duties;
(b)
Chair ad hoc committees established by the Board; and
(c)
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary shall be to:
(a)
Act in the absence of the Chairperson and Vice-Chairperson in the carrying
out of their powers and duties;
(1)
With respect to calling or presiding over meetings of the Board, the
Secretary’s authority shall be limited as follows:
(A)
In the event that both the Chairperson and Vice-Chairperson
positions have become vacant before the end of their terms,
the Secretary shall have the authority to call Board meetings
to fill the vacancies and to preside over those meetings for
the sole purpose of conducting an election of new Officers,
at which point the Chairperson, or Vice-Chairperson in the
absence of the Chairperson, shall preside.
(b)
Establish the agenda and provide notice of all meeting locations, agendas,
documents and minutes to all members of the Board, as well as the public,
in accordance with the Boards, Committees and Commissions law, the
Open Records and Open Meetings law, these bylaws, and the most current
version of the MOA;
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(c)
(d)
(e)
2-5.
to
Maintain accurate recording and presenting of all Board minutes and other
formal documents in accordance with the Boards, Committees and
Commissions law, the Open Records and Open Meetings law, these bylaws,
and the most current version of the MOA;
Work closely with System staff and/or the Oneida Business Committee
Support Office to ensure timely reporting of all Board actions; and
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
Selection of Officers. Officers of the Board shall be elected by a majority vote of the
members in attendancepresent at a Board meeting of an established quorum
terms of
one (1) year.
(a)
Officer elections shall occur at the first Board meeting of an established
quorum that takes place subsequent to an election of the Board members.
(b)
Board Officers shall hold their positions until the new Officers are elected.
(1)
Officers may be re-elected and there is no limitation upon the
number of times a member may run for an Officer position.
(2)
Board members shall not hold more than one (1) Officer position
per Officer term.
(c)
If for any reason, an Officer of the Board cannot fulfill the obligations of
his or her Officer position, upon majority vote of the members present at a
Board meeting of an established quorum, that member may be dismissed
from his or her Officer position and a new Officer shall be elected.
2-6.
Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
Levels of budgetary sign-off authority for the Board shall be as set forth in
the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies
and Procedures, for Divisional Directors/Tribal School Chairperson/Trust
Committee/Gaming Director.
(1)
All Board Officers have sign-off authority and two (2) Officers shall
be required to sign-off on all budgetary requests, except for the
following.
(A)
The Upon formal approval of a purchase by the Board, the
Oneida Business Committee Support Office shall have
official budgetary sign-off
authority over requests for stipends, travel per diem
and business
expense reimbursement.the Board.
(b)
Travel on behalf of the Board for any member shall be approved by majority
vote of the members in attendancepresent at a regular or emergency Board
meeting
of an
established quorum.
2-7.
Personnel.
Commencing on the date these bylaws are adopted by the Oneida Business
Committee and from that point forward, the Board shall not have authority
to hire personnel for the benefit of the Board.
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(a)
(b)
(c)
The Board shall have authority to be involved in the hiring of personnel for
the System so long as conducted in accordance with the most current
version of the MOA, the Nation’s Personnel Policies and Procedures, and
any applicable accounting policies/procedures of the Nation.
The Board shall have authority, at its discretion, to hire consultants and
other resource persons to help carry out the stated purposes and goals of the
System, subject to the following:
(1)
The Superintendent shall assist the Board with establishing criteria
for the hiring of consultants/resource persons and, when appropriate,
provide selection recommendations to the Board.
(2)
Consultants/resource persons shall be hired under formal contract
per the process set forth in the most current version of the MOA and
consistent with the policies and procedures of the Nation.
Where issues arise between the Board and individuals/entities other than the
Oneida Business Committee, the Board shall have the authority to avail
itself of legal counsel per the Request for Proposal (“RFP”) process set by
the Nation’s competitive bidding/purchasing policies and procedures, to
protect the powers and responsibilities delegated to the Board by the Oneida
General Tribal Council.
(1)
Prior to commencing with the RFP process to retain outside counsel,
the Board shall be required to avail itself of counsel through the
Oneida Law Office; provided, it is capable and willing to supply the
Board with the necessary legal services.
Article III. Meetings
3-1. Regular Meetings. Meetings of the Board shall be held at 5:00 p.m. on the first and third
Monday of
each month in the Oneida Nation Elementary
School, located at
N7125
Seminary
Road in Oneida, Wisconsin. Meetings may be attended in
person, by telephone,
through videoconferencing, or through other
telecommunications so long as presence is demonstrated in accordance with
the Boards, Committees and Commissions law.
(a)
The meetings date, time and/or location may change from time-to-time as
determined by a majority vote of the members present at a Board meeting
of an established quorum; provided, notice is given to all members in
writing and, along with the public, in accordance with the Nation’s Open
Records and Open Meetings law, prior to the implementation of a new date,
time and/or location.
(b)
The agenda for regular meetings shall be established by the Secretary, or
Secretary’s designee, in accordance with these bylaws.
(1)
Board members and other persons wishing to have items placed on
the agenda should submit the item to the Secretary, or Secretary’s
designee.
(2)
Items should be submitted at least ten (10) days prior to the next
regular meeting.
(c)
Action items shall be incorporated into the School Superintendent’s report.
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(d)
3-2.
The Secretary or Secretary’s designee shall prepare the meeting agenda,
minutes and other appropriate documentation for action items; mail or email
them to each Board member, along with the Superintendent, at least seven
(7) days before a regular meeting date; and further provide them to all
members, as well as the public, in accordance with the Nation’s Open
Records and Open Meetings law.
(1)
Any email correspondence to Board members must be sent to the
official Oneida Nation email address that was provided to them to
conduct business electronically on behalf of the Board (“Official
Email”).
Emergency Meetings.
(a)
An emergency meeting may be called when there is an imminent issue that
needs to be addressed by the Board before its next scheduled meeting.
Emergency meetings may be attended in person, by telephone, through
videoconferencing, or through other telecommunications so long as
presence is demonstrated in accordance with the Boards, Committees and
Commissions law.
(1)
The Board is delegated the authority to represent the parents and the
Oneida General Tribal Council in the conducting of System related
business. Under certain governmental and other System related
agreements, some contractors require periodic meetings that require
parent representation. This constitutes an imminent issue for which
an emergency meeting may be called when necessary to satisfy the
Board’s contractual obligations.
(A)
Meetings to fulfill contractual obligations may be held on the
evenings of regular Board meetings or may be separately
scheduled. In either case, along with the notice required in
subsection (c) of this section if the meeting was called as an
emergency or in section 3-1(d) if called as part of a regular
meeting, the Secretary or Secretary’s designee must provide
notice to all groups identified by the contractor as set forth
within the contract, or in writing if not set by contract, and
to all parents through the school newsletter, as well as the
Kalihwisaks.
(b)
Emergency meetings may be called by the Chairperson and upon request of
a Board member or System administrator.
(1)
Board members or System administrators shall contact the Board’s
Chairperson or Vice-Chairperson to request an emergency meeting.
(A)
The Chairperson, or when he or she cannot be reached, the
Vice-Chairperson shall determine whether the basis for the
Board member’s or System administrator’s request justifies
scheduling an emergency meeting.
(c)
The Chairperson or Chairperson’s designee shall provide notice of
emergency meetings to all Board members by telephone call, as well as via
their Official Email, and to the System administration at least twenty-four
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(d)
(24) hours in advance of the meeting; and shall further provide notice to all
Board members and the rest of the public in accordance with the Nation’s
Open Records and Open Meetings law.
(A)
The notice shall state the emergency matter or matters to be
addressed.
(B)
The agenda for emergency meetings shall consist of only those items
of business for which the meeting was called.
(i)
During the emergency meeting, the Board may engage in
discussion of matters other than those specified on the
agenda; however, formal action may only be taken on the
agenda items for which the emergency meeting was called.
Within seventy-two (72) hours after an emergency meeting, the Board shall
provide the Nation’s Secretary with notice of the emergency meeting, the
reason for the emergency meeting, and an explanation as to why the matter
could not wait until the next regular meeting.
3-3.
Joint Meetings. Joint meetings with the Oneida Business Committee may be held in the
Oneida Business Committee Conference Room of the Norbert Hill Center,
at the request of either entity, on an as needed basis, and per the approval of
the Oneida Business Committee. Joint meetings may be attended in person,
by telephone, through videoconferencing, or through other telecommunications so long as presence is demonstrated in accordance with the
Boards, Committees and Commissions law.
(a)
Notice of the joint meeting agenda, documents, and minutes shall be
provided, and the joint meeting conducted, in accordance with resolution
BC-03-27-19-D titled, Oneida Business Committee and Joint Meetings with
Boards, Committees and Commissions – Definitions and Impact, as may be
amended from time to time hereafter.
3-4.
Quorum.
3-5.
Order of Business. The order of business, as far as applicable, is:
(a)
Call to Order
(b)
Adopt the Agenda
(c)
Approval of Minutes
(d)
Old Business
(e)
New Business
(f)
Reports
(g)
Other Business
(h)
Executive Session
(i)
Adjournment
A quorum of the Board shall consist of a majority of the current members,
one of whom must be the Chairperson, Vice-Chairperson or Secretary;
provided, the Secretary is presiding over the meeting in accordance with
section 2-4(a)(1)(A).
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3-6.
Voting.
Decisions of the Board shall be based on a majority vote of members in
attendance present
at a regular or emergency meeting of
an established quorum.
(a)
All members of the Board shall have one equal vote.
(1)
In all matters requiring a vote of the Board, the Chairperson, or in
the absence of the Chairperson, the presiding Officer, shall call for
a vote of the membership.
(A)
All members, excluding the presiding Officer, shall vote or
enter an abstention.
(B)
In the event of a deadlock, the Chairperson, or the presiding
Officer acting in his or her place, shall vote to break the
deadlock.
(b)
E-polls are permissible so long as conducted in accordance with the Boards,
Committees and Commissions law.
(1)
The Chairperson shall appoint either the Vice-Chairperson or
Secretary to serve as the designee responsible for conducting e-polls
in lieu of the Chairperson.
Article IV. Expectations
4-1. Behavior of Members. The Board has a moral duty and responsibility to the System, the
community, and the students. In the carrying-out of that responsibility,
members of the Board are expected to adhere to the following principles of
conduct:
(a)
Individual Board members shall not intervene in the orderly process of
System administration and governance. Concerns over policy or personnel
matters shall be addressed through the application of the principles set out
in the most current version of the MOA and consistent with the Nation’s
Personnel Policies and Procedures.
(b)
The Board shall act only at duly authorized meetings with at least a quorum
present to conduct business and develop policy for the System. All the
Board's actions shall be within the charge granted to the Board by the
Oneida General Tribal Council, the most current version of the MOA, and
any other applicable laws, polices and/or resolutions of the Nation.
(1)
Members of the Board shall not speak or act on behalf of the Board
unless the Board has specifically authorized a member to speak or
act on its behalf by majority vote of the members present at a Board
meeting of an established quorum.
(c)
In any issues before the Board involving a Board member’s immediate
family member and potential nepotism, that Board member shall decline
comment and abstain from voting.
(1)
Immediate family member shall be as defined in the Nation’s
Conflict of Interest law.
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(d)
Board members must be apolitical in their charge to the community and the
students. Board members shall take no action to endorse or otherwise
support any candidate for any Tribal office or position.
(e)
While acting on behalf of the Board, members shall faithfully maintain the
principles of due process and assure that all sides have a legitimate hearing
in any issue brought before the Board.
(f)
Members of the Board will bargain in good faith with all employees of the
System.
(g)
Board members shall strictly adhere to the policies and procedures of the
System, the most current version of the MOA, as well as any other
applicable the laws, policies and resolutions of the Nation, and shall work
in consort for the positive growth of the System and for all of its students.
(h)
Board members shall notify a Board Officer of an absence and reason for
absence prior to the start of a meeting.
(1)
Board members shall not accrue three (3) consecutive unexcused
absences from meetings in a one (1) year period.
(A)
A member who fails to notify a Board Officer, in writing, of
his or her pending absence at least thirty (30) minutes before
the missed meeting shall be deemed unexcused.
(i)
Enforcement. Any member of the Board found to be in violation of this
section of the bylaws, another section of these bylaws or any other laws,
policies and/or resolutions of the Nation may be subject to the following:
(1)
Disciplinary action in accordance with any laws or policies of the
Nation governing sanctions and/or penalties for elected or appointed
officials.
(2)
If the member was appointed, the Board may make a
recommendation to the Oneida Business Committee for termination
of his or her appointment in accordance with the Boards,
Committees and Commissions law and/or any other law of the
Nation governing termination of appointed officials.
(3)
If the member was elected, the Board may direct the Chairperson to
file a petition for his or her removal in accordance with the Removal
law and/or any other laws or policies of the Nation governing
removal.
(4)
Enforcement hereunder shall be determined by a majority vote of
the members in attendancepresent at a Board meeting of an
established
quorum.
4-2.
Prohibition of Violence. Board members are prohibited from engaging in or committing
any violent intentional act that inflicts, attempts to inflict, or threatens to
inflict emotional or bodily harm on another person, or damage to property.
4-3.
Drug and Alcohol Use. When acting in their official capacity, the use of alcohol and/or
prohibited drugs by members of the Board is forbidden.
(a)
Prohibited drugs are defined as marijuana, cocaine, opiates, amphetamines,
phencyclidine (PCP), hallucinogens, methaqualone, barbiturates, narcotics,
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any other substances included in Schedules I though V under Section 812
of Title 21 of the United States Code, and prescription medication or overthe-counter medicine used in an unauthorized or unlawful manner.
4-4.
Social Media. Social media shall be used in accordance with the Board members’ oath of
office and any laws or policies of the Nation governing social media.
4-5.
Conflict of Interest. Conflicts of interest shall be reported and mitigated/removed in
accordance with any laws or policies of the Nation governing conflicts of
interest.
Article V. Stipends and Compensation
5-1. Stipends.
Members of the Board shall be eligible to receive the following stipends as
set forth in and subject to these bylaws; the Boards, Committees and
Commissions law; and resolution BC-05-08-19-B12-20-C titled, Amending
Resolution BC-09-26-18-DAmended Boards,
Committees and Commissions Law
Stipends, as may be further amended
from time-to-time hereafter:
(a)
Two (2No more than twenty-four (24) meeting stipends per monthfiscal
year, provided
that:
(1)
A quorum was established;
(2)
The meeting of the established quorum lasted for at least one (1)
hour; and
(3)
The member collecting the stipend was physically present for the
entire
meeting as defined, as
well as demonstrated, in accordance with the
Boards, Committees
and Commissions law.
(b)
A stipend for attending a duly called joint meeting between the Board and
the Oneida Business Committee, provided that:
(1)
A quorum was established by the Board;
(2)
The joint meeting lasted for at least one (1) hour; and
(3)
The member collecting the stipend was physically present for the
entire joint
meeting as defined, as
well as demonstrated, in accordance with the
Boards, Committees
and Commissions law.
(c)
A stipend for participating in interviews and/or job description pre-screens.
(d)
A stipend for conducting an official hearing of the Board.
(e)
A stipend for attending an Oneida Judiciary Hearing so long as the
member’s attendance is required by official subpoena.
(f)
A stipend for each day of attendance at a conference or training, provided
that:
(1)
The member attended a full day of training or was present at the
conference for a full day; and
(1)
The amount of the stipend a member is eligible to receive for
attending a conference or training shall be dependent on whether the
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(g)
5-2.
member attended up to four (4) hours of a conference or training or
more than four (4) hours of a conference or training; and
(2)
The member’s attendance at the training or conference was required
by law, bylaws or resolution.
To receive a stipend for attending any of the events described in 5-1(d) - (f),
members must obtain formal approval of eligibility from the Board and the
Oneida Business Committee prior to their attendance.
Compensation. Besides the travel, per diem and business expense reimbursement
authorized by the Boards, Committees and Commissions law, there are no
other forms of compensation that members are eligible to receive for the
duties/activities they perform on behalf of the Board.
Article VI. Records and Reporting
6-1. Agenda Items. Agenda items shall be maintained in a consistent format provided by the
Oneida Business Committee Support Office and approved by the Board.
6-2.
Minutes.
(a)
(b)
All meeting minutes shall be typed and in a consistent format designed by
the Oneida Business Committee, as approved by the Board, to generate the
most informative record.
Minutes must include a summary of the action taken by the Board.
Minutes shall be submitted to the Oneida Business Committee Support
Office within five (5) business days of approval by the Board.
6-3.
Attachments. Any handouts, attachments, reports, memoranda, and the like provided at a
Board meeting shall be included with their corresponding agenda and
minutes and maintained in accordance with the Nation’s Open Records and
Open Meetings law.
6-4.
Oneida Business Committee Liaison. The Board shall regularly communicate with the
Oneida Business Committee member who is its designated liaison.
(a)
The format and frequency of communication shall be as agreed upon by the
Board and the liaison through formal action of the Board, but not less than
that required in any law or policy on reporting developed by the Oneida
Business Committee or Oneida General Tribal Council.
(b)
The purpose of the liaison relationship is to uphold the ability of the liaison
to act as a support to the Oneida Nation School Board.
6-5.
Audio Recordings. All meetings of the Board shall be audio recorded by either the Oneida
Business Committee Support Office or designee of the Officer presiding
over the meeting using a device supplied by the Oneida Business
Committee Support Office.
(a)
The presiding Officer shall ensure each meeting is audio recorded.
(b)
Audio recordings shall be maintained by the Oneida Business Committee
Support Office in accordance with the Nation’s Open Records and Open
Meetings law.
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(1)
Exception. Audio recordings of executive session portions of a
meeting shall not be required.
Article VII. Amendments
7-1. Amendments. Amendments to these bylaws shall be approved by majority vote of the
members present at a regular Board meeting of an established quorum,
provided that written notice of the proposed amendments was made at a
prior regular meeting.
(a)
Amendments to these bylaws shall conform to the requirements of the
Boards, Committees and Commissions law and any other governing
policies of the Nation.
(b)
Amendments must be approved by the Board and the Oneida Business
Committee before implementation.
(c)
The Board shall conduct a review of these bylaws no less than on an annual
basis.
[Signature Block]
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ONEIDA NATION SCHOOL BOARD BYLAWS
Article I. Authority
1-1. Name.
The name of this entity shall be the Oneida Nation School Board and may
hereinafter be referred to as the Board.
1-2.
Establishment. The Oneida Nation School Board was established in 1977 by the Oneida
General Tribal Council.
1-3.
Authority.
(a)
(b)
Purpose. The Board was established to coordinate existing and future
education programs of the Oneida Nation; per directive of the Oneida
General Tribal Council, to be an autonomous administrator of the Oneida
Nation School System (“System”) under a Memorandum of Agreement
with the Oneida Business Committee; and to administer the Oneida Nation
School System Endowment in accordance with the Nation’s Endowments
law as authorized under resolution BC-02-27-19-B.
Powers and Duties. In accordance with the Oneida General Tribal Council’s
directive, on March 21, 1988, the Board entered into a Memorandum of
Agreement (“MOA”) with the Oneida Business Committee, delegating
certain powers and duties to the Board, which, subject to amendment from
time-to-time hereafter, include, but are not limited to:
(1)
Overseeing and planning, in coordination with the Oneida Business
Committee, for the academic and cultural growth of the students
within the System;
(2)
Monitoring school operations and development, ensuring their
compliance with sound academic practice and consistency with
community priorities, as well as the Nation’s initiatives and
planning;
(3)
Approving all curriculum developed and implemented for use
within the System, ensuring quality academic instruction that
incorporates Oneida cultural tenets;
(4)
Providing direct involvement in the process of personnel matters, as
prescribed in the MOA, to be consistent with the Nation’s Personnel
Policies and Procedures so as to ensure the maintenance of quality
staff and policy benefiting the harmony of the staff and ultimately
the students within the System;
(5)
Reviewing, endorsing and submitting all contracts, grants, and
proposals relative to the System’s operation and planning consistent
with the Nation’s policies and procedures, as well as the System’s
funding cycles, by ensuring a level of funding that corresponds with
the System’s developmental and operational needs;
(6)
Meeting with the Oneida Business Committee to negotiate any
disputes which may arise between the Oneida Business Committee
and the Board;
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(7)
(c)
Monitoring long and short-range educational programming for the
students attending Nation-specific programs of study; and
(8)
Developing and maintaining consistent procedures to be employed
as it carries out its charge to the Oneida General Tribal Council and
the Oneida Nation School System.
The Board shall adhere to the laws of the Nation when exercising the
authority delegated it under the MOA, as may be amended from time-totime hereafter, and shall further exercise any other powers and duties
delegated to the Board through the laws, policies, rules and resolutions of
the Nation in a manner consistent therewith.
1-4.
Office.
The official mailing address of the Oneida Nation School Board is:
Oneida Nation School Board
P.O. Box 365
Oneida, WI 54155-0365
1-5.
Membership.
(a)
Number of Members. The Oneida Nation School Board shall be comprised
of nine (9) members.
(b)
Elected. Members of the Board shall be chosen by election to three (3) year
staggered terms in accordance with any laws and/or policies of the Nation
governing elections.
(1)
Members of the Board shall hold office until their term expires, they
resign, or they are terminated/removed from office.
(A)
A member whose term has expired may remain in office
until his or her successor is sworn in by the Oneida Business
Committee.
(B)
A member may resign at any time either verbally during a
Board meeting or by delivering written notice to the Oneida
Business Committee Support Office and the Board Chairperson or Chairperson’s designee.
(i)
A resignation is deemed effective upon acceptance
by Board motion of the member’s verbal resignation
or upon delivery of the written notices.
(c)
Vacancies. Vacancies of the Board shall be filled as follows:
(1)
Expired Terms. Vacancies caused by term expiration shall be filled
by election in accordance with any laws and/or policies of the Nation
governing elections to office.
(2)
Unexpired Terms. Vacancies that occur before the end of a term
shall be filled by appointment of the Oneida Business Committee
pursuant to the Boards, Committees and Commissions law.
(A)
The Board Chairperson shall provide the Oneida Business
Committee with recommendations on all applications for
appointment to fill a vacancy of an unexpired term in
accordance with the submission deadline for the Oneida
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(d)
Business Committee in which the appointment is intended to
be made.
Qualifications of Members. Members of the Board shall meet the following
qualifications:
(1)
Be at least eighteen (18) years of age;
(2)
Be enrolled members of the Oneida Nation;
(3)
At least four (4) of the nine (9) members must be parents/guardians
of a student enrolled in an educational program that qualifies under
the Oneida Nation School System; and
(4)
Have passed an Annual Care Giver Background Check (State of
Wisconsin Form F-80264).
1-6.
Termination and Removal. A Board member found to be in violation of these bylaws or
any applicable law, policy and/or resolution of the Nation may be subject to
the following:
(a)
If the member was elected, the Board may direct the Chairperson to file a
petition for his or her removal on behalf of the Board pursuant to the
Removal law and/or any other law of the Nation governing the removal of
elected officials.
(b)
If the member was appointed, the Board may direct the Chairperson to
provide a recommendation to the Oneida Business Committee for his or her
termination in accordance with the Boards, Committees and Commissions
law and/or any other law of the Nation governing the termination of
appointed officials.
(c)
Petitions for removal and/or recommendations for termination shall be
decided by a majority vote of the Board members present at a meeting of an
established quorum.
1-7.
Trainings and Conferences. Board members shall attend the following mandatory trainings
and/or conferences:
(a)
As recommended by the Superintendent;
(b)
Bi-annual trainings/conferences with the Bureau of Indian Education;
(c)
Interview Certification from Oneida Nation; and/or
(d)
Disciplinary Action from Oneida Nation.
(e)
Regardless of the number of trainings/conferences that he or she is required
to attend, no member of the Board shall be eligible to receive stipends for
attending more than five (5) full days of mandatory trainings/conferences
per year.
Article II. Officers
2-1. Officers.
2-2.
The Officer positions for the Oneida Nation School Board shall consist of a
Chairperson, a Vice-Chairperson and a Secretary.
Responsibilities of the Chairperson. The duties, responsibilities and limitations of the
Chairperson shall be to:
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
Call and preside over all regular meetings, emergency meetings and
hearings of the Board;
Represent the Board and the System at official functions;
Ensure that the Board complies in its charge to the Nation and the System;
Be an ex officio member of any committee established by the Board;
Carry out all general duties and powers assigned to the Board pursuant to
the Oneida Nation’s Constitution, any laws of the Nation and the most
current version of the MOA, which may be amended from time-to-time
hereafter;
Submit, or through a designee submit, annual and semi-annual reports to the
Oneida General Tribal Council, as well as quarterly reports to the Oneida
Business Committee, in accordance with the Boards, Committees and
Commissions law; and submit other reports as required by resolution BC02-27-19-B, the most current version of the MOA, and any other governing
law, policy or resolution of the Nation; and
Attend, or designate a member to attend, the Oneida Business Committee
meeting in which the Board’s quarterly report appears on the agenda.
2-3.
Responsibilities of the Vice-Chairperson. The duties, responsibilities and limitations of the
Vice-Chairperson shall be to:
(a)
Act in replacement of the Board Chairperson should for any reason he or
she be unable to carry out the above prescribed powers and duties;
(b)
Chair ad hoc committees established by the Board; and
(c)
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
2-4.
Responsibilities of the Secretary. The duties, responsibilities and limitations of the
Secretary shall be to:
(a)
Act in the absence of the Chairperson and Vice-Chairperson in the carrying
out of their powers and duties;
(1)
With respect to calling or presiding over meetings of the Board, the
Secretary’s authority shall be limited as follows:
(A)
In the event that both the Chairperson and Vice-Chairperson
positions have become vacant before the end of their terms,
the Secretary shall have the authority to call Board meetings
to fill the vacancies and to preside over those meetings for
the sole purpose of conducting an election of new Officers,
at which point the Chairperson, or Vice-Chairperson in the
absence of the Chairperson, shall preside.
(b)
Establish the agenda and provide notice of all meeting locations, agendas,
documents and minutes to all members of the Board, as well as the public,
in accordance with the Boards, Committees and Commissions law, the
Open Records and Open Meetings law, these bylaws, and the most current
version of the MOA;
(c)
Maintain accurate recording and presenting of all Board minutes and other
formal documents in accordance with the Boards, Committees and
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(d)
(e)
Commissions law, the Open Records and Open Meetings law, these bylaws,
and the most current version of the MOA;
Work closely with System staff and/or the Oneida Business Committee
Support Office to ensure timely reporting of all Board actions; and
Carry out all general duties and powers that are duly assigned or delegated
to the Board.
2-5.
Selection of Officers. Officers of the Board shall be elected by a majority vote of the
members present at a Board meeting of an established quorum to terms of
one (1) year.
(a)
Officer elections shall occur at the first Board meeting of an established
quorum that takes place subsequent to an election of the Board members.
(b)
Board Officers shall hold their positions until the new Officers are elected.
(1)
Officers may be re-elected and there is no limitation upon the
number of times a member may run for an Officer position.
(2)
Board members shall not hold more than one (1) Officer position
per Officer term.
(c)
If for any reason, an Officer of the Board cannot fulfill the obligations of
his or her Officer position, upon majority vote of the members present at a
Board meeting of an established quorum, that member may be dismissed
from his or her Officer position and a new Officer shall be elected.
2-6.
Budgetary Sign-Off Authority and Travel. The Board shall follow the Nation’s policies and
procedures regarding purchasing and sign-off authority.
(a)
Levels of budgetary sign-off authority for the Board shall be as set forth in
the manual titled, Oneida Tribe of Indians of Wisconsin Purchasing Policies
and Procedures, for Divisional Directors/Tribal School Chairperson/Trust
Committee/Gaming Director.
(1)
All Board Officers have sign-off authority and two (2) Officers shall
be required to sign-off on all budgetary requests.
(A)
Upon formal approval of a purchase by the Board, the
Oneida Business Committee Support Office shall have
official budgetary sign-off authority for the Board.
(b)
Travel on behalf of the Board for any member shall be approved by majority
vote of the members present at a regular or emergency Board meeting of an
established quorum.
2-7.
Personnel.
(a)
Commencing on the date these bylaws are adopted by the Oneida Business
Committee and from that point forward, the Board shall not have authority
to hire personnel for the benefit of the Board.
The Board shall have authority to be involved in the hiring of personnel for
the System so long as conducted in accordance with the most current
version of the MOA, the Nation’s Personnel Policies and Procedures, and
any applicable accounting policies/procedures of the Nation.
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(b)
(c)
The Board shall have authority, at its discretion, to hire consultants and
other resource persons to help carry out the stated purposes and goals of the
System, subject to the following:
(1)
The Superintendent shall assist the Board with establishing criteria
for the hiring of consultants/resource persons and, when appropriate,
provide selection recommendations to the Board.
(2)
Consultants/resource persons shall be hired under formal contract
per the process set forth in the most current version of the MOA and
consistent with the policies and procedures of the Nation.
Where issues arise between the Board and individuals/entities other than the
Oneida Business Committee, the Board shall have the authority to avail
itself of legal counsel per the Request for Proposal (“RFP”) process set by
the Nation’s competitive bidding/purchasing policies and procedures, to
protect the powers and responsibilities delegated to the Board by the Oneida
General Tribal Council.
(1)
Prior to commencing with the RFP process to retain outside counsel,
the Board shall be required to avail itself of counsel through the
Oneida Law Office; provided, it is capable and willing to supply the
Board with the necessary legal services.
Article III. Meetings
3-1. Regular Meetings. Meetings of the Board shall be held at 5:00 p.m. on the first and third
Monday of each month in the Oneida Nation Elementary School, located at
N7125 Seminary Road in Oneida, Wisconsin. Meetings may be attended
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