# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A165dae3116a3f05f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 240 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 Page 1 of 6 August 26, 2020 Public Packet V. 2 of 240 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 Oneida Business Committee Regular Meeting Agenda Page 2 of 6 August 26, 2020 Public Packet VIII. 3 of 240 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 Oneida Business Committee Regular Meeting Agenda Page 3 of 6 August 26, 2020 Public Packet IX. 4 of 240 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 Oneida Business Committee Regular Meeting Agenda Page 4 of 6 August 26, 2020 Public Packet 5 of 240 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) Oneida Business Committee Regular Meeting Agenda Page 5 of 6 August 26, 2020 Public Packet 6 of 240 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 Page 6 of 6 August 26, 2020 Public Packet 7 of 240 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 8 of 240 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 9 of 240 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 Oneida Business Committee Regular Meeting Minutes Page 1 of 12 August 12, 2020 Public Packet 10 of 240 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 12 August 12, 2020 Public Packet 11 of 240 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 12 August 12, 2020 Public Packet 12 of 240 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 12 August 12, 2020 Public Packet 13 of 240 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 12 August 12, 2020 Public Packet 14 of 240 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 12 August 12, 2020 Public Packet 15 of 240 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 12 August 12, 2020 Public Packet 16 of 240 DRAFT 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 17 of 240 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 18 of 240 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 19 of 240 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 20 of 240 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 21 of 240 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 22 of 240 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. Page 1 of 2 Public Packet 23 of 240 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 24 of 240 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Oneida, WI 54155 BC Resolution # 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 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 25 of 240 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 26 of 240 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 Public Packet 27 of 240 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 Public Packet 28 of 240 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 302.1. 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 Public Packet 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 29 of 240 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 Public Packet 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 30 of 240 (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 3 O.C. 302 – Page 3 Public Packet 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 31 of 240 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 3 O.C. 302 – Page 4 Public Packet 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 32 of 240 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 Public Packet 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 33 of 240 302.8-3. 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. 3 O.C. 302 – Page 6 Public Packet 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 34 of 240 (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 Public Packet 35 of 240 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. Page 1 of 2 Public Packet 36 of 240 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 Public Packet 37 of 240 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. Public Packet 38 of 240 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 Public Packet 39 of 240 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. Public Packet 40 of 240 Public Packet 41 of 240 Public Packet 42 of 240 Public Packet 43 of 240 Public Packet 44 of 240 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 Public Packet 45 of 240 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. Page 1 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 Public Packet 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. Page 2 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 46 of 240 Public Packet 8. FY21 Blkt PO – Badger Liquor Chad Fuss, Gaming Administration Amount: $350,000. 47 of 240 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. Page 3 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 Public Packet 1. 48 of 240 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 Page 4 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 Public Packet 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 Page 5 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 49 of 240 Public Packet 50 of 240 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 Page 6 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 Public Packet 51 of 240 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 Page 7 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 Public Packet 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 Page 8 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 52 of 240 Public Packet 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 53 of 240 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 Page 9 of 9 Finance Committee Meeting Minutes of Aug. 17, 2020 Public Packet 54 of 240 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 55 of 240 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. Page 1 of 2 Unbudgeted Public Packet 56 of 240 Draft 2 (Redline to Draft 1) 2020 08 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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; Page 1 of 13 Public Packet 57 of 240 Draft 2 (Redline to Draft 1) 2020 08 19 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 (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 Page 2 of 13 Public Packet 58 of 240 Draft 2 (Redline to Draft 1) 2020 08 19 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 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: Page 3 of 13 Public Packet 59 of 240 Draft 2 (Redline to Draft 1) 2020 08 19 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 (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. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A165dae3116a3f05f. Public record. Not legal advice.