Oneida Business Committee (2018)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, May 8, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, May 9, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I.
CALL TO ORDER AND ROLL CALL
II.
OPENING
A. Presentation of $2,000,000 distribution to the Oneida Nation by Oneida ESC Group, LLC
Sponsor: Lisa Summers, Secretary, and Ernie Stevens III, Councilman
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE
A. Oneida Nation School Board – Shannon Metoxen
V.
MINUTES
A. Approve corrected April 11, 2018, regular meeting minutes
Sponsor: Lisa Summers, Secretary
B. Approve April 25, 2018, regular meeting minutes
Sponsor: Lisa Summers, Secretary
VI.
RESOLUTIONS
A. Adopt resolution entitled Real Property Law Amendments
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
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STANDING COMMITTEES
A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE (No Requested Action)
B. FINANCE COMMITTEE
Chair: Trish King, Treasurer
1. Approve April 30, 2018, Finance Committee meeting minutes
C. LEGISLATIVE OPERATING COMMITTEE
Chair: David P. Jordan, Councilman
1. Accept April 18, 2018, Legislative Operating Committee meeting minutes
2. Adopt Leasing law emergency rule # 1 – Residential Leasing
D. QUALITY OF LIFE COMMITTEE (No Requested Action)
VIII.
APPOINTMENTS
A. Appoint three (3) applicants to Southeastern Oneida Tribal Services Advisory Board
Sponsor: Tehassi Hill, Chairman
IX.
TABLED BUSINESS (No Requested Action)
X.
UNFINISHED BUSINESS (No Requested Action)
XI.
NEW BUSINESS
A. Approve Capital Improvement Process (CIP) concept paper – Cultural Heritage Site Restrooms –
CIP # 16-001
Sponsor: Troy Parr, Division Director/Community and Economic Development
XII.
TRAVEL
A. TRAVEL REPORTS (No Requested Action)
B. TRAVEL REQUESTS
1. Approve travel request – Councilman Kirby Metoxen – 2018 Native American Tourism
of Wisconsin (NATOW) Conference – Hayward, WI – June 10-13, 2018
2. Approve travel request in accordance with § 219.16-1 Oneida Travel and Expense
Policy – Four (4) Individuals from each area: Comprehensive Housing Division;
Environmental, Health, Safety & Land Division; Oneida Land Commission – 2018
Partners in Action Conference – Milwaukee, WI – July 17-19, 2018
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Regular Meeting Agenda
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OPERATIONAL REPORTS (Scheduled times are subject to change)
A. Accept Public Works Division FY-2018 2nd quarter report (1:30 p.m.)
Sponsor: Jacque Boyle, Division Director/Public Works
EXCERPT FROM APRIL 25, 2018: Motion by Brandon Stevens to defer the Public Works
Division FY-2018 2nd quarter report to the May 9, 2018, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
B. Accept Environmental, Health, Safety & Land Division FY-2018 2nd quarter report (2:00
p.m.)
Sponsor: Pat Pelky, Division Director/ Environmental, Health, Safety & Land
C. Accept Comprehensive Housing Division FY-2018 2nd quarter report (2:30 p.m.)
Sponsor: Dana McLester, Division Director/Comprehensive Housing
D. Accept Human Resources Department FY-2018 2nd quarter report (3:00 p.m.)
Sponsor: Geraldine Danforth, Area Manager/Human Resources Department
E. Accept Retail Enterprise FY-2018 2nd quarter report (3:30 p.m.)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
XIV.
GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the
BC Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to
https://goo.gl/uLp2jE)
A. Petitioner Frank Vandehei – E-polls
1. Accept financial analysis
Sponsor: Larry Barton, Chief Financial Officer
B. Schedule Yvonne Metivier petition regarding FY-2019 Wage Increase
Sponsor: Lisa Summers, Secretary
C. Schedule Gladys Dallas petition regarding $5,000 Per Capita payment
Sponsor: Lisa Summers, Secretary
D. Schedule Frank Vandehei petition regarding E-polls
Sponsor: Lisa Summers, Secretary
E. Reschedule December 9, 2018, special GTC meeting regarding FY-2019 – FY-2021 Budget
to December 10, 2018
Sponsor: Trish King, Treasurer
F. Approve Meeting Minutes portion of 2018 Semi-annual GTC meeting materials
Sponsor: Lisa Summers, Secretary
Oneida Business Committee
Regular Meeting Agenda
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Public Packet
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EXECUTIVE SESSION (Scheduled times are subject to change)
A. REPORTS
1. Accept Public Works Division FY-2018 2nd quarter executive report – Jacque Boyle,
Division Director/Public Works (8:30 a.m.)
EXCERPT FROM APRIL 25, 2018: Motion by David P. Jordan to defer the Public Works
Division FY-2018 2nd quarter executive report to May 9, 2018, regular Business Committee
meeting, seconded by Trish King. Motion carried unanimously.
2. Accept Environmental, Health, Safety & Land Division FY-2018 2nd quarter executive
report – Pat Pelky, Division Director/ Environmental, Health, Safety & Land (9:00 a.m.)
3. Accept Comprehensive Housing Division FY-2018 2nd quarter executive report – Dana
McLester, Division Director/Comprehensive Housing (9:30 a.m.)
4. Accept Human Resources Department FY-2018 2nd quarter executive report – Geraldine
Danforth, Area Manager/Human Resources Department (10:00 a.m.)
5. Accept Retail Enterprise FY-2018 2nd quarter executive report – Michele Doxtator, Area
Manager/Retail Profits (10:30 a.m.)
6. Accept Chief Counsel report – Jo Anne House, Chief Counsel
B. STANDING ITEMS
1. LAND CLAIMS STRATEGY
a) Defer action plan regarding original records to May 23, 2018, regular Business
Committee meeting
Sponsor: Lisa Summers, Secretary
EXCERPT FROM APRIL 25, 2018: Motion by David P. Jordan to defer the action plan
regarding original records to the May 9, 2018, regular Business Committee meeting,
seconded by Trish King. Motion carried unanimously.
EXCERPT FROM MARCH 14, 2018: Motion by Jennifer Webster to accept the Land
Claims update and the recommendations #1 through #5 included in the update noting
that discussion and consideration of item #1.a. be included in the action plan, seconded
by Trish King. Motion carried unanimously.
2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF
ASSOCIATION
a) Accept Thornberry Creek LPGA Classic April 2018 report (11:00 a.m.)
Liaison: Trish King, Treasurer
Submitted by: Josh Doxtator, Chief Operational Officer/Oneida Golf Enterprise
Corporation
EXCERPT FROM APRIL 25, 2018: Motion by Kirby Metoxen to defer the Thornberry
Creek LPGA Classic April 2018 report to the May 9, 2018, regular Business Committee
meeting, seconded by Trish King. Motion carried unanimously.
3. LAND MORTGAGE FUNDS (No Requested Action)
C. AUDIT COMMITTEE (No Requested Action)
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Regular Meeting Agenda
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D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS (No Requested Action)
F. NEW BUSINESS
1. Review applications for three (3) vacancies – Southeastern Oneida Tribal Services
Advisory Board
Sponsor: Tehassi Hill, Chairman
2. Review Going Long Investor Deck and determine next steps
Sponsor: Troy Parr, Division Director/Community & Economic Development
3. Assign team for tasks related to Strategic Workforce Plan and Triennial Strategic Plan
Sponsor: Trish King, Treasurer
4. Accept DR10 resignation and review OBC Officer recommendation
Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,
Secretary; and Trish King, Treasurer
XVI.
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, May 4, 2018,
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: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214.
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 5
May 9, 2018
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
5
/ 9
/ 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Announcement/Recognition
Accept as Information only
Action - please describe:
Oneida Business Committee to accept a $2 million dollar distribution check presented by Oneida ESC Group,
LLC.
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:
Ernest L. Stevens III, Councilmember
Primary Requestor/Submitter:
Cathy Bachhuber, Executive Assistant
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Lisa Summers, Secretary
Name, Title / Dept.
Additional Requestor:
Chris Cornelius, Executive Assistant
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 09 / 18
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 Shannon Metoxen for the Oneida Nation School Board.
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, Tribal Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Oneida Nation School Board had a vacancy due to a lack of applicants during the 2017 General Election.
According to their by-laws
Should a vacancy occur within the School Board, the following activities shall be undertaken to ensure the
continuous operation of the Board in its charge to the School and the community:
If the highest non-elected candidate from the most recent election declines the position (there were not enough
applicants from the most recent election), the Board shall publish its vacancy in the Kalihwisaks and ask for
interested parents or community members. Upon deadline date, the School Board Chairperson will appoint, with
School Board ratification, at the next regular School Board meeting.
Per the School Board minutes from April 2, 2018
School Board Chair, Debbie Danforth, appoints Shannon Metoxen to fulfill the parent position vacancy.
Yays for Shannon Metoxen: Melinda K. Danforth, Fred Muscavitch, RC Metoxen, Margaret Ellis, Todd Hill.
Yays for Latsi Hill: Fred Muscavitch, RC Metoxen
Yays for Fern Diamond: None
Yays for Paul Metoxen: None
Yays for Rita Madrid: None
This will be the second attempt to administer Shannon's oath as she was unable to attend the BC Meeting on
April 25, 2018.
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
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 09 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve the April 11, 2018, regular Business Committee meeting minutes, as corrected
3. Supporting Materials
Report
Resolution
Contract
Other:
1. redline noting corrections
3.
2. 4/11/18 reg. BC mtg. minutes-corrected DRAFT
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
BACKGROUND
The Chairman has requested that these minutes be corrected in order to clarify and accurately reflect the first
action taken regarding item XV.E.01. Namely, to correct "submitted by the Oneida Personnel Commission" to
"submitted by members of the Oneida Personnel Commission".
This correction is being submitted in a timely manner in accordance with the BC Support Office SOP regarding
the certification of OBC meeting minutes.
REQUESTED ACTION
Approve the April 11, 2018, regular Business Committee meeting minutes, as corrected
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
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Redline to approved 4/11/2018 BC meeting minutes
D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS
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1. Review Chairman’s recommendation regarding concern # 2018-CC-01 and determine
next steps (00:10:55); (03:03:00); (03:08:40)
Sponsor: Tehassi Hill, Chairman
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N
EXCERPT FROM MARCH 28, 2018: (1) Motion by Brandon Stevens to accept concern #
2018-CC-01 in accordance with 105-6.5 of the Comprehensive Policy Governing Boards,
Committees, and Commissions, seconded by David P. Jordan. Motion carried unanimously.
(2) Motion by Brandon Stevens to defer concern # 2018-CC-01 to the Chairman’s Office and
for the Chairman to bring back a recommendation to the April 11, 2018, regular Business
Committee meeting, seconded by David P. Jordan. Motion carried unanimously.
N
EN
C
LY
E
Motion by Lisa Summers to accept the recommendation of the Chairman and terminate the appointment
under the authority of section 105.6‐5, based on the documentation submitted by members of the Oneida
Personnel Commission, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
E
ER
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Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
R
ER
R
EN
C
EF
Motion by Lisa Summers to adopt resolution 04-11-18-A Dissolution of Personnel Commission, Tolling all
Timelines in Personnel Related Matters, and Directing the Development of Emergency Amendments to
Existing Laws, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
EF
FO
Motion by Lisa Summers to adopt resolution 04-11-18-B Creation of the Personnel Selection Committee,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
FO
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Motion by Lisa Summers that the Secretary coordinate any follow up correspondence regarding these two
matters, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
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Redline to approved 4/11/2018 BC meeting minutes
Motion by Lisa Summers to go into executive session at 11:38 a.m., seconded by Kirby Metoxen. Motion
carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
XVI.
O
N
LY
Motion by Lisa Summers come out of executive session at 5:12 p.m., seconded by Ernie Stevens.
Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
ADJOURN (03:12:23)
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EF
FO
R
ER
R
EN
C
EF
E
ER
O
N
EN
C
LY
E
Motion by Ernie Stevens III to adjourn at 5:18 p.m., seconded by Trish King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
FO
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as presented on April 25, 2018corrected on
.
____________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
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Clean copy of corrected 4/11/2018 BC meeting minutes
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, April 10, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
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Regular Meeting
8:30 a.m. Wednesday, April 11, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
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EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer
Trish King, Council members: Daniel Guzman King, Ernie Stevens III, Kirby Metoxen, Jennifer Webster;
Not Present: Councilmembers: David P. Jordan;
Arrived at: n/a
Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nate King, Brad Toll, Louise Cornelius, Bob
Barton;
I.
CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:33 a.m.
For the record:
Councilman David P. Jordan is on vacation. Councilwoman Jennifer
Webster is on approved travel to Indian Health Care Improvement fund
(IHCIF) Workgroup Meeting in Denver, CO. Vice-Chairman Brandon
Stevens will be leaving this morning on approved travel to Alliance for
Boys and Men of Color Equity Summit – Chicago, IL.
OPENING by Chairman Tehassi Hill
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II.
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D
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer
Trish King, Council members: Daniel Guzman King, Ernie Stevens III, Kirby Metoxen;
Not Present: Councilmembers: David P. Jordan, Jennifer Webster;
Arrived at: n/a
Others present: Jo Anne House, Lisa Liggins, Larry Barton, Nancy Skenandore, Bonnie Pigman,
Apache Danforth, Cheyenne Landru, Todd VanDen Heuvel, Nathan King, Brooke Doxtator, Mike
Mousseau, Chad Johnson, Kateri Baker, Lorannen Smith, Alissa Santiago, Rosa Laster, Laura LaitinenWarren, Karen Smith, Gina Buenrostro, Frank Vandehei, Debra Valentino, Kermit Valentino, Jessica
Wallenfang, Mike Debraska, RC Metoxen, Candace House, Cathy L. Metoxen, Ed Delgado, Nancy
Barton;
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III.
ADOPT THE AGENDA (00:04:08)
IV.
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Motion by Lisa Summers to adopt the agenda with four (4) requested changes [1) Delete item XV.B.2.a)
Accept Oneida Golf Enterprise Corporation April 2018 report; 2) Add item XV.C.7. Accept final Vocational
Rehabilitation Job Training performance assurance audit and lift confidentiality requirement; 3) Add item
XV.F.4. Review Oneida Airport Hotel Corporation loan request; and 4) take action regarding part one of
item XV.E.1. Review Chairman’s recommendation regarding concern # 2018‐CC‐01 and determine next
steps immediately following the Oaths of Office], seconded by Daniel Guzman King. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
OATHS OF OFFICE administered by Lisa Summers (00:05:40)
A. Oneida Pow-wow Committee – Jeremy King (not present)
B. Anna John Resident Centered Care Community Board – Candace House
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C. Oneida Environmental Resource Board – Megan White (not present)
D. Oneida Land Commission – Michael J. Mousseau
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E. Oneida Personnel Commission – Donna Richmond (not present)
F. Oneida Nation Arts Board – Susan Danforth (not present)
G. Oneida Airport Hotel Corporation – Board of Directors – Kateri Baker
MINUTES
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V.
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H. Bay Bancorporation Inc. – Board of Directors – Todd VanDen Heuvel
A. Approve March 28, 2018, regular meeting minutes (00:12:04)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the March 28, 2018, regular meeting minutes, seconded by Trish
King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
RESOLUTIONS (No Requested Action)
VII.
STANDING COMMITTEES
D
VI.
A. Community Development Planning Committee (No Requested Action)
Chair: Ernie Stevens III, Councilman
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B. Finance Committee
Chair: Trish King, Treasurer
Councilman Ernie Stevens III departs at 9:18 a.m.
1. Approve April 2, 2018, Finance Committee meeting minutes (00:12:34)
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Motion by Daniel Guzman King to approve the April 2, 2018, Finance Committee meeting minutes,
seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Lisa
Summers
Not Present:
David P. Jordan, Ernie Stevens III, Jennifer Webster
Councilman Ernie Stevens III returns at 9:20 a.m.
C. Legislative Operating Committee
Chair: David P. Jordan, Councilman
1. Accept March 7, 2018, Legislative Operating Committee meeting minutes (00:45:20)
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Motion by Lisa Summers to accept the March 7, 2018, Legislative Operating Committee meeting minutes,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
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D. Quality of Life Committee (No Requested Action)
Chair: Brandon Stevens, Vice-Chairman
APPOINTMENTS
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VIII.
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AF
A. Appoint one (1) applicant to Oneida Election Board for remainder of term ending August
31, 2019 (00:45:46); (03:07:02)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
D
Motion by Ernie Stevens III to repost the vacancy on the Oneida Election Board for remainder of term
ending August 31, 2019, seconded by Daniel Guzman King. Motion carried with one abstention:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III
Abstained:
Lisa Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
IX.
TABLED BUSINESS (No Requested Action)
X.
UNFINISHED BUSINESS (No Requested Action)
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Regular Meeting Minutes
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XI.
NEW BUSINESS
Vice-Chairman Brandon Stevens departs for approved travel at 9:40 a.m.
Councilman Kirby Metoxen departs at 9:41 a.m.
Councilman Kirby Metoxen returns at 9:44 a.m.
A. Approve allocating 431 Hillcrest Drive garage space for use by Yukwatsistayʌ (00:48:34)
Sponsor: Trish King, Treasurer
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Motion by Kirby Metoxen to support the efforts of Yukwatsistayʌ to obtain the lease for the garage space
with the Oneida Land Commission, seconded by Trish King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Secretary Lisa Summers departs at 10:17 a.m.
Secretary Lisa Summers returns at 10:28 a.m.
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B. Approve Presenting Partner level sponsorship of $10,000 for 2018 Native American
Tourism of Wisconsin Conference (01:36:23)
Sponsor: Kirby Metoxen, Councilman
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Motion by Lisa Summers to send the 2018 Native American Tourism of Wisconsin Conference
sponsorship request to the Finance Committee to come back with a recommendation on a sponsorship
level and dollar amount, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
A. TRAVEL REPORTS
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AF
TRAVEL
1. Approve travel report – Secretary Lisa Summers and Treasurer Trish King – 11th
Annual Tribal Casino & Hotel Development Conference – Temecula, CA – March 25‐28,
2018 (01:57:31)
Motion by Kirby Metoxen to approve the travel report for Secretary Lisa Summers and Treasurer Trish
King regarding travel to the 11th Annual Tribal Casino & Hotel Development Conference – Temecula, CA
– March 25‐28, 2018, seconded by Daniel Guzman King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
XII.
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Councilman Ernie Stevens III departs at 10:31 a.m.
Councilman Kirby Metoxen departs at 10:31 a.m.
Councilman Kirby Metoxen returns at 10:35 a.m.
Councilman Ernie Stevens III returns at 10:37 a.m.
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Regular Meeting Minutes
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B. TRAVEL REQUESTS
1. Approve travel request – Secretary Lisa Summers – 2018 Partners in Action –
Milwaukee, WI – July 17-19, 2018 (02:04:35)
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Motion by Lisa Summers to approve the travel request for up to three (3) Oneida Business Committee
members to attend the 2018 Partners in Action – Milwaukee, WI – July 17-19, 2018, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
2. Approve travel request – Treasurer Trish King – Tribal Tax Advisory Committee –
Washington DC – May 6-8, 2018 (02:06:20)
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Motion by Kirby Metoxen to approve the travel request for Treasurer Trish King to attend the Tribal Tax
Advisory Committee – Washington DC – May 6-8, 2018, noting the dates may change with the final
agenda, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
3. Approve travel request – Vice-Chairman Brandon Stevens – Haskell Spring Board of
Regents Meeting – Lawrence, KS – May 15-18, 2018 (02:13:43)
T
D
Motion by Trish King to approve the travel request for Vice-Chairman Brandon Stevens to attend the
Haskell Spring Board of Regents Meeting – Lawrence, KS – May 15-18, 2018, seconded by Kirby
Metoxen. Motion carried with one abstention:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Lisa Summers
Abstained:
Ernie Stevens III
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
R
AF
4. Enter e-poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor: Lisa Summers, Secretary
a) Approved travel request – Councilman David P. Jordan – 36th NAFOA Annual
Conference – New Orleans, LA – April 22-25, 2018 (02:20:11)
XIII.
D
Motion by Kirby Metoxen to enter the e-poll results into the record in accordance with OBC SOP entitled
Conducting Electronic Voting regarding the approved travel request for Councilman David P. Jordan to
attend the 36th NAFOA Annual Conference – New Orleans, LA – April 22-25, 2018, seconded by Trish
King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
OPERATIONAL REPORTS (No Requested Action)
Oneida Business Committee
Regular Meeting Minutes
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XIV.
GENERAL TRIBAL COUNCIL
A. Petitioner Yvonne Metivier – Treatment Clinic
AF
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EXCERPT FROM FEBRUARY 28, 2018: Motion by Jennifer Webster to acknowledge receipt of
petition; to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices’ for legal, financial, legislative, and administrative analyses; to direct the Law,
Finance, and Legislative Reference Office to submit their analyses to the Secretary within 60
days with a progress report to be submitted within 45 days; to direct the Direct Report Offices to
submit administrative analyses to Secretary within 30 days, seconded by Brandon Stevens.
Motion carried unanimously.
Councilman Kirby Metoxen departs at 10:58 a.m.
Councilman Kirby Metoxen returns at 11:02 a.m.
1. Accept legislative analysis 45-day status update (02:21:06)
Sponsor: David P. Jordan, Councilman
R
Motion by Lisa Summers to accept the legislative analysis 45-day status update, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
2. Accept legal analysis 45-day status update (02:34:12)
Sponsor: Jo Anne House, Chief Counsel
R
AF
3. Accept financial analysis 45-day update (02:34:47)
Sponsor: Larry Barton, Chief Financial Officer
T
Motion by Lisa Summers to accept the legal analysis 45-day status update, seconded by Kirby Metoxen.
Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
Motion by Lisa Summers to accept the financial analysis 45-day status update, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
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B. Approve four (4) actions re Petitioner Yvonne Metivier – FY 2019 Wage Increase (02:39:10)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to acknowledge receipt of petition, seconded by Brandon Stevens. Motion
carried unanimously, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
AF
T
Motion by Lisa Summers to send the verified petition to the Law, Finance, Legislative Reference, and
Direct Report Offices’ for legal, financial, legislative, and administrative analyses, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
R
Motion by Kirby Metoxen to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Secretary within 60 days with a progress report to be submitted within 45 days, seconded
by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
Motion by Kirby Metoxen to direct the Direct Report Offices to submit administrative analyses to Secretary
within 30 days, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
T
C. Approve May 12, 2018, reconvened GTC meeting notice and addendum (02:51:52);
(03:07:40)
Sponsor: Lisa Summers, Secretary
R
AF
Motion by Lisa Summers to defer this item to caucus, seconded by Daniel Guzman King. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
Motion by Lisa Summers to approve the May 12, 2018, reconvened GTC meeting notice and addendum
with the identified and noted changes, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
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XV.
EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (02:58:57)
AF
T
Motion by Lisa Summers to accept the Chief Counsel report, seconded by Trish King. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
2. Accept special Intergovernmental Affairs and Communications report – Nathan King,
Director/ Intergovernmental Affairs and Communications (02:59:20)
R
Motion by Lisa Summers to accept the special Intergovernmental Affairs and Communications report and
approve the Director’s recommendation listed in the report, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
B. STANDING ITEMS
D
1. LAND CLAIMS STRATEGY (No Requested Action)
2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF
ASSOCIATION
a) Accept Oneida Golf Enterprise Corporation April 2018 report (Not Submitted)
T
Item deleted at the adoption of the agenda
3. LAND MORTGAGE FUNDS
R
AF
a) Accept update to Chief Financial Officer recommendation (02:59:51)
Motion by Lisa Summers to accept the Chief Financial Officer recommendation as presented, seconded
by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
C. AUDIT COMMITTEE
Sponsor: David P. Jordan, Councilman
D
1. Accept February 15, 2018, Audit Committee meeting minutes (03:00:26)
Motion by Lisa Summers to accept the February 15, 2018, Audit Committee meeting minutes, seconded
by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
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2. Accept final Oneida Police Department performance assurance audit and lift
confidentiality requirement (03:00:44)
Motion by Kirby Metoxen to accept the final Oneida Police Department performance assurance audit and
lift the confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
AF
T
3. Accept final Tsyunhehkwa performance assurance audit and lift confidentiality
requirement (03:01:03)
Motion by Lisa Summers to accept the final Tsyunhehkwa performance assurance audit and lift the
confidentiality requirement, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
4. Accept Four Card Poker rules of play audit and lift confidentiality requirement
(03:01:20)
D
R
Motion by Daniel Guzman King to accept the Four Card Poker rules of play audit and lift the
confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
5. Accept final Gaming Custodial performance assurance audit and lift confidentiality
requirement (03:01:42)
R
AF
T
Motion by Kirby Metoxen to accept the final Gaming Custodial performance assurance audit and lift the
confidentiality requirement, seconded by Daniel Guzman King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
6. Accept final Custodial performance assurance audit and lift confidentiality requirement
(03:02:04)
Motion by Kirby Metoxen to accept the final Custodial performance assurance audit and lift the
confidentiality requirement, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
7. Accept final Vocational Rehabilitation Job Training performance assurance audit and
lift confidentiality requirement (03:02:31)
Motion by Lisa Summers to accept the final Vocational Rehabilitation Job Training performance
assurance audit and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
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D. TABLED BUSINESS (No Requested Action)
E. UNFINISHED BUSINESS
1. Review Chairman’s recommendation regarding concern # 2018-CC-01 and determine
next steps (00:10:55); (03:03:00); (03:08:40)
Sponsor: Tehassi Hill, Chairman
AF
T
EXCERPT FROM MARCH 28, 2018: (1) Motion by Brandon Stevens to accept concern #
2018-CC-01 in accordance with 105-6.5 of the Comprehensive Policy Governing Boards,
Committees, and Commissions, seconded by David P. Jordan. Motion carried unanimously.
(2) Motion by Brandon Stevens to defer concern # 2018-CC-01 to the Chairman’s Office and
for the Chairman to bring back a recommendation to the April 11, 2018, regular Business
Committee meeting, seconded by David P. Jordan. Motion carried unanimously.
Motion by Lisa Summers to accept the recommendation of the Chairman and terminate the appointment
under the authority of section 105.6‐5, based on the documentation submitted by members of the Oneida
Personnel Commission, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers
Not Present:
David P. Jordan, Jennifer Webster
D
R
Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
T
Motion by Lisa Summers to adopt resolution 04-11-18-A Dissolution of Personnel Commission, Tolling all
Timelines in Personnel Related Matters, and Directing the Development of Emergency Amendments to
Existing Laws, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
R
AF
Motion by Lisa Summers to adopt resolution 04-11-18-B Creation of the Personnel Selection Committee,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
Motion by Lisa Summers that the Secretary coordinate any follow up correspondence regarding these two
matters, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
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F. NEW BUSINESS
1. Approve USDOT Partnership Agreement – file # 2018-0267 (03:03:40)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Summers to approve the USDOT Partnership Agreement – file # 2018-0267, seconded by
Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
AF
T
2. Approve limited waiver of sovereign immunity – LexisNexis Time Matters annual
maintenance agreement – file # 2018-0323 (03:04:03)
Sponsor: Jo Anne House, Chief Counsel
R
Motion by Kirby Metoxen to approve a limited waiver of sovereign immunity for the LexisNexis Time
Matters annual maintenance agreement – file # 2018-0323, seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
3. Review application(s) for one (1) vacancy – Oneida Election Board – remainder of term
ending August 31, 2019 (03:04:28); (03:10:56)
Sponsor: Lisa Summers, Secretary
T
Motion by Lisa Summers to defer this item to executive session for discussion, seconded by Ernie
Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
R
AF
Motion by Daniel Guzman King to accept the discussion regarding the applications for one (1) vacancy –
Oneida Election Board – remainder of term ending August 31, 2019, as information, seconded by Ernie
Stevens III. Motion carried one abstention:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III
Abstained:
Lisa Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
4. Review Oneida Airport Hotel Corporation loan request (03:04:53); (03:11:52)
Sponsor: Trish King, Treasurer
D
Motion by Ernie Stevens III to defer this item to executive session for discussion, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
Motion by Lisa Summers to adopt resolution 04-11-18-C Capital Contribution to the Oneida Airport Hotel
Corporation of $1.7 Million, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
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Motion by Lisa Summers to go into executive session at 11:38 a.m., seconded by Kirby Metoxen. Motion
carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
XVI.
AF
T
Motion by Lisa Summers come out of executive session at 5:12 p.m., seconded by Ernie Stevens.
Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
ADJOURN (03:12:23)
R
AF
T
D
R
Motion by Ernie Stevens III to adjourn at 5:18 p.m., seconded by Trish King. Motion carried unanimously:
Ayes:
Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa
Summers
Not Present:
David P. Jordan, Brandon Stevens, Jennifer Webster
D
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as corrected on
.
____________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 12 of 12
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
05 / 09 / 18
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve April 25, 2018, regular Business Committee meeting minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 4/25/18 regular BC meeting minutes DRAFT
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Secretary
Primary Requestor/Submitter:
Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, April 24, 2018
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, April 25, 2018
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Treasurer Trish King, Council members: David P. Jordan, Daniel
Guzman King, Ernie Stevens III;
Not Present: Secretary Lisa Summers, Councilwoman Jennifer Webster;
Arrived at: Vice-Chairman Brandon Stevens at 8:39 a.m., Councilman Kirby Metoxen at 8:58 a.m.;
Others present: Jo Anne House, Lisa Liggins, Ralinda Ninham-Lamberies, Laura Laitinen-Warren,
George Skenandore, Kris Hill, Joanie Buckley, Troy Parr, Marc Schaffer, Nate King, Phil Wisneski,
Chantré Smith, Jim Bittorf, Bobbi Webster, Debbie Danforth;
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council
members: David P. Jordan, Kirby Metoxen, Ernie Stevens III;
Not Present: Secretary Lisa Summers, Council members: Daniel Guzman King, Jennifer Webster;
Arrived at: n/a
Others present: Jo Anne House, Lisa Liggins, Geraldine Danforth, Nic Reynolds, Ralinda NinhamLamberies, Rae Skenandore, Barb Truttmann, Wayne Verheyen, Lambert Metoxen, Frank Cornelius,
Richard Charniak, Christine Joly, Suzanne Lindberg, Mary Cowman, Louise Cornelius, Fawne
Rasmussen, Theresa Torrez , Pamela Ninham , Theresa Murphy, Lee Ann Schuyler, Michelle Reed,
Doreen Zayas, Georgianna Mielke, Tammy Umentum, Pat Lasilla, Dale Webster, Laura Manthe, Chad
Wilson, Jessica Wallenfang, Bonnie Pigman, Ashley Blaker, Chris Johnson, Clorissa Santiago, Jen Falck,
P. Melchert, Elijah Metoxen, Matt J. Denny, Brent Truttmann, Paul Witek, Susan White, Laura Cornelius,
Carole Liggins, Dylan Benton, Dellora Cornelius, Carol Elm, Chris Cornelius, Nancy Barton, Cathy L.
Metoxen, Brad Graham, William Graham, George Skenandore, Joanie Buckley, Richard Elm-Hill,
Michelle Danforth-Anderson, Dawn Walschinski, Troy Parr, James Petitjean, Marlon Skenandore, Eugene
Schubert, Laura Laitinen-Warren;
I.
CALL TO ORDER AND ROLL CALL by Chairman Tehassi Hill at 8:32 a.m.
For the record:
Oneida Business Committee
Secretary Summers and Councilwoman Jennifer Webster are on
approved travel to the 2018 Tribal Self-Governance Annual Conference
in Albuquerque, NM. Councilman Daniel Guzman King is on approved
travel to the U.S.E.P.A. Region 5 Tribal Operations Committee Meeting
in New Buffalo, MI.
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II.
OPENING by Chairman Tehassi Hill
A. Special Recognition for years of service – Twenty-two (22) Oneida Nation employees
(00:03:26)
Sponsor: Geraldine Danforth, Area Manager/HRD
Special Recognition by Ralinda Ninham-Lamberies of Rae Skenandore (25 years of service); Special
Recognition by Barb Truttmann of Wayne Verheyen (25 years of service); Special Recognition by
Lambert Metoxen and Frank Cornelius of Richard Charniak, Christine Joly, Suzanne Lindberg, and Mary
Cowman (25 years of service); Special Recognition by Louise Cornelius of Fawne Rasmussen (25 years
of service); Special Recognition by Theresa Torrez and Pamela Ninham of Theresa Murphy (25 years of
service); Special Recognition by Lee Ann Schuyler and Michelle Reed of Doreen Zayas (25 years of
service); Special Recognition by Georgianna Mielke of Tammy Umentum (25 years of service);
Special Recognition for the following individuals who could not be present: Jeffrey Prevost (35 years of
service), Lori McNichols (25 years of service), Robert Appel (25 years of service), Richard King (25 years
of service), Kerry Manthe (25 years of service), Tammy Rahmlow (25 years of service), Sandra Zuelke
(25 years of service), James Powless (25 years of service), Lynn Szczepanski (25 years of service),
Michael Jourdan (25 years of service), Luann King-Skenandore (25 years of service), James Burke (25
years of service);
III.
ADOPT THE AGENDA (00:30:24)
Motion by Brandon Stevens to adopt the agenda with one (1) requested addition [item VI.I. Adopt
resolution entitled Creation of the Business Unit ‘Tribal Action Plan – Office’ in the FY2018 Budget and
Approving Allocation of Funding for that Purpose], seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
IV.
OATHS OF OFFICE administered by Vice-Chairman Brandon Stevens (00:30:58)
A. Oneida Nation Arts Board – Susan Danforth
B. Oneida Environmental Resource Board – Megan White
C. Oneida Pow-wow Committee – Jeremy King
D. Oneida Nation School Board – Shannon Metoxen (not present)
V.
MINUTES
A. Approve April 11, 2018, regular meeting minutes (00:34:01)
Sponsor: Lisa Summers, Secretary
Motion by Trish King to approve the April 11, 2018, regular meeting minutes, with one noted correction
[Page 2, under item III. Adopt the Agenda, correct “approve the agenda” to “adopt the agenda”],
seconded by Kirby Metoxen. Motion carried with one abstention:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III
Abstained:
David P. Jordan
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
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VI.
RESOLUTIONS
A. Adopt resolution entitled Proclamation of Appreciation (00:34:55)
Sponsor: Kirby Metoxen, Councilman
Motion by Kirby Metoxen to adopt resolution 04-25-18-A Proclamation of Appreciation, seconded by Trish
King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
B. Adopt resolution entitled Older Americans Month 2018 (00:42:38)
Sponsor: George Skenandore, Division Director/Governmental Services
Motion by Brandon Stevens to adopt resolution 04-25-18-B Older Americans Month 2018, seconded by
David P. Jordan. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
C. Adopt resolution entitled Contribution to the Experience Greater Green Bay (00:43:25)
Sponsor: Nathan King, Director/ Legislative Affairs
Motion by David P. Jordan to adopt resolution 04-25-18-C Contribution to the Experience Greater Green
Bay, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
D. Adopt resolution entitled Military Service Employee Protection Act Emergency
Amendments (00:44:09)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt resolution 04-25-18-D Military Service Employee Protection Act
Emergency Amendments, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
E. Adopt resolution entitled Oneida Judiciary Rules of Civil Procedure Emergency
Amendments (00:55:06)
Sponsor: David P. Jordan, Councilman
Motion by Brandon Stevens to adopt resolution 04-25-18-F Oneida Judiciary Rules of Civil Procedure
Emergency Amendments, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
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F. Adopt resolution entitled Oneida Personnel Policies and Procedures Emergency
Amendments (00:45:43)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt resolution 04-25-18-E Oneida Personnel Policies and Procedures
Emergency Amendments, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
G. Adopt resolution entitled Employee Protection Policy Emergency Amendments
Sponsor: David P. Jordan, Councilman (00:58:10)
Motion by Kirby Metoxen to adopt resolution 04-25-18-G Employee Protection Policy Emergency
Amendments, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
H. Adopt resolution entitled Transition Plan for the Transfer of Hearing Authority from the
Personnel Commission to the Judiciary – Trial Court (00:59:52)
Sponsor: David P. Jordan, Councilman
Motion by Brandon Stevens to adopt resolution 04-25-18-H Transition Plan for the Transfer of Hearing
Authority from the Personnel Commission to the Judiciary – Trial Court, noting the addition of the
appropriate resolution numbers in whereas number seven (7) and noting the date to be inserted into the
final resolve is May 11, 2018, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
Councilman Ernie Stevens III departs 10:05 a.m.
Councilman Ernie Stevens III returns 10:07 a.m.
I.
Adopt resolution entitled Creation of the Business Unit ‘Tribal Action Plan – Office’ in the
FY2018 Budget and Approving Allocation of Funding for that Purpose (01:08:46)
Sponsor: Trish King, Treasurer
Motion by Trish King to adopt resolution 04-25-18-I Creation of the Business Unit ‘Tribal Action Plan –
Office’ in the FY2018 Budget and Approving Allocation of Funding for that Purpose, seconded by Kirby
Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
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VII.
STANDING COMMITTEES
A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE
Chair: Ernie Stevens III, Councilman
1. Accept March 8, 2018, Community Development Planning Committee meeting minutes
(01:41:27)
Motion by David P. Jordan to accept the March 8, 2018, Community Development Planning Committee
meeting minutes, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
B. FINANCE COMMITTEE
Chair: Trish King, Treasurer
1. Approve April 20, 2018, Finance Committee meeting minutes (01:41:53)
Motion by David P. Jordan to approve the April 20, 2018, Finance Committee meeting minutes, seconded
by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
C. LEGISLATIVE OPERATING COMMITTEE
Chair: David P. Jordan, Councilman
1. Accept April 2, 2018, Legislative Operating Committee meeting minutes (01:42:13)
Motion by David P. Jordan to accept the April 2, 2018, Legislative Operating Committee meeting minutes,
seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
2. Accept June 18, 2018, special GTC meeting materials – Employment Law (01:45:14)
Motion by Ernie Stevens III to accept the June 18, 2018, special GTC meeting materials – Employment
Law, seconded by David P. Jordan. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
Treasurer Trish King departs at 10:22 a.m.
3. Adopt Domestic Animals law rule # 1 – Licensing Fees, Fines and Penalties (01:48:14)
Motion by David P. Jordan to adopt Domestic Animals law rule # 1 – Licensing Fees, Fines and Penalties,
seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Trish King, Lisa Summers, Jennifer Webster
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D. QUALITY OF LIFE COMMITTEE
Chair: Brandon Stevens, Vice-Chairman
1. Accept March 15, 2018, Quality of Life Committee meeting minutes (01:50:06)
Motion by David P. Jordan to accept the March 15, 2018, Quality of Life Committee meeting minutes,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Kirby Metoxen, Brandon Stevens, Ernie Stevens III
Not Present:
Daniel Guzman King, Trish King, Lisa Summers, Jennifer Webster
VIII.
APPOINTMENTS (No Requested Action)
IX.
TABLED BUSINESS (No Requested Action)
X.
UNFINISHED BUSINESS (No Requested Action)
XI.
NEW BUSINESS
Treasurer Trish King returns at 10:26 a.m.
A. Approve Capital Improvement Process (CIP) concept paper – ORCOA/ONCOA Elders Memorial
Garden – CIP # 18-004 (01:50:32)
Sponsor: Troy Parr, Division Director/Community and Economic Development
Motion by David P. Jordan to approve the Capital Improvement Process (CIP) concept paper regarding
the ORCOA/ONCOA Elders Memorial Garden – CIP # 18-004, seconded by Kirby Metoxen. Motion
carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
Councilman Kirby Metoxen departs at 10:42 a.m.
Councilman Kirby Metoxen returns at 10:44 a.m.
B. Review DarJune Foundation Inc. request and determine next steps (01:56:38)
Sponsor: Daniel Guzman King, Councilman
Motion by Brandon Stevens to support the efforts of DarJune Foundation Inc, support the Oneida Land
1
Commission lease approval on March 23, 2018, and request Risk Management to review for any liability
concerns, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
1
A lease was not approved by the Oneida Land Commission on March 23, 2018, but rather support of a one (1) year
pilot project was given. Oneida Land Commission meeting minutes are available for review in accordance with
§107.7 of the Open Records and Open Meetings law.
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C. Approve OBC SOP entitled Employee Incentive Distribution for Business Committee Direct
Reports and approve associated forms (02:20:18)
Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary;
and Trish King, Treasurer
Motion by Trish King to approve the OBC SOP entitled Employee Incentive Distribution for Business
Committee Direct Reports and approve the associated forms, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
XII.
TRAVEL
A. TRAVEL REPORTS (No Requested Action)
B. TRAVEL REQUESTS
Councilman Ernie Stevens III departs at 11:06 a.m.
1. Approve travel request – Secretary Lisa Summers and one (1) BC Staff – Tribal Caucus
and Inter-Tribal Criminal Justice Council Meeting – Hayward, WI – May 23-24, 2018
(02:33:52)
Motion by David P. Jordan to approve the travel request for Secretary Lisa Summers and one (1) BC
Staff to attend the Tribal Caucus and Inter-Tribal Criminal Justice Council Meeting – Hayward, WI – May
23-24, 2018, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
(02:50:35)
Motion by David P. Jordan to recess at 11:23 a.m. and to reconvene at 1:30 p.m., seconded by Trish
King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
Called to order by Chairman Tehassi Hill at 1:30 p.m.
Roll call for the record:
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council
members: David P. Jordan, Kirby Metoxen, Ernie Stevens III;
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XIII.
OPERATIONAL REPORTS
A. Accept Comprehensive Health Division FY-2018 2nd quarter report (02:51:13)
Sponsor: Dr. Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth,
Division Director/Comprehensive Health Operations
Motion by David P. Jordan to accept the Comprehensive Health Division FY-2018 2nd quarter report,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
B. Accept Governmental Services Division FY-2018 2nd quarter report (03:23:37)
Sponsor: George Skenandore, Division Director/Governmental Services
Motion by David P. Jordan to accept the Governmental Services Division FY-2018 2nd quarter report,
seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
C. Accept Internal Services Division FY-2018 2nd quarter report (03:49:15)
Sponsor: Joanie Buckley, Division Director/Internal Services
Motion by David P. Jordan to accept the Internal Services Division FY-2018 2nd quarter report, seconded
by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
D. Accept Community and Economic Development Division FY-2018 2nd quarter report (04:24:24)
Sponsor: Troy Parr, Division Director/Community and Economic Development
Motion by David P. Jordan to accept the Community and Economic Development Division FY-2018 2nd
quarter report, seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
Motion by Brandon Stevens to adopt resolution 04-25-18-J the Community and Economic Development
Division FY-2018 2nd quarter report, seconded by Kirby Metoxen. Motion carried with one opposed:
Ayes:
Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III
Opposed:
David P. Jordan
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
For the record:
Councilman David P. Jordan stated I do support the efforts to move
forward and the direction to grow hemp; I just personally don’t think that
we are ready for this growing season. Thank you.
Councilman Ernie Stevens III departs at 3:56 p.m.
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E. Accept Public Works Division FY-2018 2nd quarter report (05:16:00)
Sponsor: Jacque Boyle, Division Director/Public Works
Motion by Brandon Stevens to defer the Public Works Division FY-2018 2nd quarter report to the May 9,
2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens
Not Present:
Daniel Guzman King, Ernie Stevens III, Lisa Summers, Jennifer Webster
XIV.
GENERAL TRIBAL COUNCIL
A. Petitioner Yvonne Metivier – Treatment Clinic
EXCERPT FROM APRIL 11, 2018: (1) Motion by Lisa Summers to accept the legislative analysis
45-day status update, seconded by Kirby Metoxen. Motion carried unanimously. (2) Motion by
Lisa Summers to accept the legal analysis 45-day status update, seconded by Kirby Metoxen.
Motion carried unanimously. (3) Motion by Lisa Summers to accept the financial analysis 45-day
status update, seconded by Kirby Metoxen. Motion carried unanimously.
EXCERPT FROM FEBRUARY 28, 2018: Motion by Jennifer Webster to acknowledge receipt of
petition; to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices’ for legal, financial, legislative, and administrative analyses; to direct the Law,
Finance, and Legislative Reference Office to submit their analyses to the Secretary within 60
days with a progress report to be submitted within 45 days; to direct the Direct Report Offices to
submit administrative analyses to Secretary within 30 days, seconded by Brandon Stevens.
Motion carried unanimously.
1. Accept legislative analysis (02:39:52)
Sponsor: David P. Jordan, Councilman
Motion by Brandon Stevens to accept the legislative analysis and to accept the update regarding legal
analysis, financial analysis, and meeting materials, seconded by David P. Jordan. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens
Not Present:
Daniel Guzman King, Ernie Stevens III, Lisa Summers, Jennifer Webster
2. Accept update regarding legal analysis, financial analysis, and meeting materials
(02:39:52)
Sponsor: Lisa Summers, Secretary
Motion by Brandon Stevens to accept the legislative analysis and to accept the update regarding legal
analysis, financial analysis, and meeting materials, seconded by David P. Jordan. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens
Not Present:
Daniel Guzman King, Ernie Stevens III, Lisa Summers, Jennifer Webster
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B. Approve four (4) actions re Petitioner Gladys Dallas – $5,000 Per Capita payment
(02:40:25)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to acknowledge receipt of petition submitted by Gladys Dallas re: $5,000 Per
Capita payment; to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses; to direct the Law, Finance, and
Legislative Reference Office to submit their analyses to the Secretary within 60 days with a progress
report to be submitted within 45 days; and to direct the Direct Report Offices to submit administrative
analyses to Secretary within 30 days, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens
Not Present:
Daniel Guzman King, Ernie Stevens III, Lisa Summers, Jennifer Webster
Councilman Ernie Stevens III returns at 11:12 a.m.
XV.
EXECUTIVE SESSION
A. REPORTS
1. Accept Comprehensive Health Division FY-2018 2nd quarter executive report – Dr.
Ravinder Vir, Division Director/Comprehensive Health Medical and Debra Danforth, Division
Director/Comprehensive Health Operations (02:44:29)
Motion by Brandon Stevens to accept the Comprehensive Health Division FY-2018 2nd quarter executive
report, seconded by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
2. Accept Governmental Services Division FY-2018 2nd quarter executive report – George
Skenandore, Division Director/Governmental Services (02:45:08)
a) Discuss FY-2018 Rites of Passage budgetary concern
Motion by Trish King to accept the Governmental Services Division FY-2018 2nd quarter executive report,
seconded by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
3. Accept Internal Services Division FY-2018 2nd quarter executive report – Joanie Buckley,
Division Director/Internal Services (02:45:33)
Motion by Kirby Metoxen to accept the Internal Services Division FY-2018 2nd quarter executive report,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
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4. Accept Community and Economic Development Division FY-2018 2nd quarter executive
report – Troy Parr, Division Director/Community and Economic Development (02:45:51)
Motion by Kirby Metoxen to accept the Community and Economic Development Division FY-2018 2nd
quarter executive report, seconded by David P. Jordan. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
5. Defer Public Works Division FY-2018 2nd quarter executive report to May 9, 2018,
regular Business Committee meeting – Jacque Boyle, Division Director/Public Works
(02:46:12)
Motion by David P. Jordan to defer the Public Works Division FY-2018 2nd quarter executive report to the
May 9, 2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
6. Accept Chief Counsel report – Jo Anne House, Chief Counsel (02:46:33)
Motion by Kirby Metoxen to accept the Chief Counsel report dated April 24, 2018, seconded by David P.
Jordan. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
7. Accept Chief Financial Officer April 2018 report – Larry Barton, Chief Financial Officer
(02:46:46)
Motion by David P. Jordan to accept the Chief Financial Officer April 2018 report, seconded by Trish
King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
8. Accept Intergovernmental Affairs and Communications April 2018 report – Nathan King,
Director/ Legislative Affairs (02:47:03)
Motion by Kirby Metoxen to accept the Intergovernmental Affairs and Communications April 2018 report,
seconded by David P. Jordan. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
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B. STANDING ITEMS
1. LAND CLAIMS STRATEGY
a) Defer action plan regarding original records to May 9, 2018, regular Business
Committee meeting (02:47:20)
Sponsor: Lisa Summers, Secretary
EXCERPT FROM MARCH 14, 2018: Motion by Jennifer Webster to accept the Land
Claims update and the recommendations #1 through #5 included in the update noting
that discussion and consideration of item #1.a. be included in the action plan, seconded
by Trish King. Motion carried unanimously.
Motion by David P. Jordan to defer the action plan regarding original records to the May 9, 2018, regular
Business Committee meeting, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
2. ONEIDA GOLF ENTERPRISE CORPORATION – LADIES PROFESSIONAL GOLF
ASSOCIATION
a) Accept Thornberry Creek LPGA Classic April 2018 report (02:47:47)
Liaison: Trish King, Treasurer
Submitted by: Josh Doxtator, Chief Operational Officer/Oneida Golf Enterprise
Corporation
Motion by Kirby Metoxen to defer the Thornberry Creek LPGA Classic April 2018 report to the May 9,
2018, regular Business Committee meeting, seconded by Trish King. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
3. LAND MORTGAGE FUNDS (No Requested Action)
C. AUDIT COMMITTEE (No Requested Action)
D. TABLED BUSINESS (No Requested Action)
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E. UNFINISHED BUSINESS
1. Defer close-out report regarding complaint # 2017-DR11-01 to May 23, 2018, regular
Business Committee meeting (02:48:13)
Sponsor: Brandon Stevens, Vice-Chairman; Jennifer Webster, Councilwoman
EXCERPT FROM MARCH 14, 2018: Motion by Kirby Metoxen to defer the close-out report
regarding complaint # 2017-DR11-01 until the April 25, 2018, regular Oneida Business
Committee meeting, seconded by David Jordan. Motion carried unanimously.
EXCERPT FROM DECEMBER 27, 2017: Motion by Kirby Metoxen to defer the follow-up or
close-out report regarding Complaint # 2017-DR11-01 for thirty (30) days, seconded by Ernie
Stevens III. Motion carried unanimously.
EXCERPT FROM NOVEMBER 30, 2017: Motion by Lisa Summers to defer the follow-up
regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Jennifer Webster.
Motion carried unanimously.
EXCERPT FROM SEPTEMBER 13, 2017: Motion by Lisa Summers to defer the follow-up
regarding complaint # 2017-DR11-01 for thirty (30) days, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM AUGUST 9, 2017: Motion by David Jordan to assign OBC members
Brandon Stevens and Jennifer Webster for follow-up; and for this item to brought to the
September 13, 2017, regular Business Committee meeting, seconded by Trish King. Motion
carried unanimously.
EXCERPT FROM JULY 27, 2017: (Reconvened from July 26, 2017) Motion by Jennifer
Webster to direct Vice-Chairwoman Melinda J. Danforth to complete the follow-up on behalf
of the OBC Officers; and to direct that the report from Comprehensive Health be due at the
August 9, 2017, regular Business Committee meeting, seconded by David Jordan. Motion
carried unanimously.
EXCERPT FROM JULY 12, 2017: Motion by Motion by Jennifer Webster to defer this item to
the Oneida Business Committee Officers for follow up with the Comprehensive Health
Operations Division Director; and for a report to be brought back to the July 26, 2017, regular
Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.
Motion by David P. Jordan to defer the close-out report regarding complaint # 2017-DR11-01 to the May
23, 2018, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
2. Accept 45-day update regarding complaint # 2018-DR04-01 (02:48:34)
Sponsor: Brandon Stevens, Vice-Chairman; Kirby Metoxen and Ernie Stevens III,
Councilmen
EXCERPT FROM MARCH 28, 2018: Motion by Jennifer Webster to assign Councilman
Kirby Metoxen to the OBC Sub-committee to investigate complaint # 2018-DR04-01 and to
remove Councilman David P. Jordan from the Sub-committee, seconded by David P. Jordan.
Motion carried with one abstention.
EXCERPT FROM MARCH 14, 2018: Motion by David P. Jordan to assign Vice-Chairman
Brandon Stevens, Councilmen David Jordan, and Ernie Stevens III to investigate complaint #
2018-DR04-01, seconded by Kirby Metoxen. Motion carried unanimously.
Motion by David P. Jordan to accept the 45-day update regarding complaint # 2018-DR04-01, seconded
by Ernie Stevens III. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
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3. Accept 45-day update regarding complaint # 2018-DR11-01 (02:48:55)
Sponsor: Brandon Stevens, Vice-Chairman; Trish King, Treasurer; Ernie Stevens III,
Councilman
EXCERPT FROM MARCH 14, 2018: Motion by Kirby Metoxen to assign Vice-Chairman
Brandon Stevens, Treasurer Trish King, and Councilman Ernie Stevens III to investigate
complaint # 2018-DR11-01, seconded by Jennifer Webster. Motion carried unanimously.
Motion by Ernie Stevens III to accept the 45-day update regarding complaint # 2018-DR11-01, seconded
by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
F. NEW BUSINESS
1. Approve pursuing Tax Code drafting contract and approve Economic Diversification
and Community Development fund use – Tax Code drafting contract – $26,000
(02:49:16)
Sponsor: Ernie Stevens III, Councilman
Motion by Kirby Metoxen to direct the Community and Economic Development Division Director to
provide a recommendation regarding the use of Economic Diversification and Community Development
funds to be presented at the May 15, 2018, Business Committee Work Session and defer this item to that
Business Committee Work Session for further discussion, seconded by David P. Jordan. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
2. Review OBC SOP entitled Employee Incentive Distribution for Business Committee
Direct Reports and associated forms (02:49:57)
Sponsor: Tehassi Hill, Chairman; Brandon Stevens, Vice-Chairman; Lisa Summers,
Secretary; and Trish King, Treasurer
Motion by David P. Jordan to accept the discussion regarding the OBC SOP entitled Employee Incentive
Distribution for Business Committee Direct Reports and the associated forms, as information, seconded
by Kirby Metoxen. Motion carried unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III
Not Present:
Daniel Guzman King, Lisa Summers, Jennifer Webster
XVI.
ADJOURN (05:18:27)
Motion by David P. Jordan to adjourn at 3:58 p.m., seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens
Not Present:
Daniel Guzman King, Ernie Stevens III, Lisa Summers, Jennifer Webster
Oneida Business Committee
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
5
/ 9
/ 18
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 Real Property Amendments for adoption.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, LOC Chairperson
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
41 of 301
"""
ONEIDA
Oneida Nation
=DDDDOD=
Oneida Business Committee
legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn .gov
TO :
FROM:
DATE:
RE:
~""'
0. ~
n
Oneida Business Committee
David P. Jordan, LOC Chairperson (_JJ~~
May 9, 2018
Real Propetty Law Amendments
Please find the following attached backup documentation for your consideration of the proposed
amendments to the Real Propetty law:
1.
2.
3.
4.
5.
6.
Resolution: Real Propet1y Law Amendments
Statement of Effect: Real Pro petty Law Amendments
Real Propet1y Law Amendments Fiscal Impact Statement
Real Property Law Amendments Legislative Analysis
Real Propetty Law Amendments Law Draft (Redline to current)
Real Propetty Law Amendments Law Draft (Clean)
Overview
This resolution adopts amendments to the Real Propetty law. These amendments will:
• Transfer residential leasing responsibilities from Land Management
Comprehensive Housing Division; and
to
the
•
Clarify that jurisdiction under the law applies to all Tribal fee land and not just fee land
within the Reservation. This language was revised to clarify and affirm the Oneida Land
Commission's authority over such land.
•
Incorporate minor drafting style changes that do not affect the content of the law.
These attached amendments make changes to two sections of the law that were adopted on
February 8, 2017, but have not yet gone into effect. The following timeline is provided to assist
in explaining these changes:
February 8, 2017- OBC adopted amendments to the Real Propet1y Law, which, among other
things, removed several types of provisions so that those requirements could be placed in
other laws or rules instead. In the adopting resolution, the OBC directed that all of these
amendments would go into effect on June 25, 2017, in order to give the various entities
time to place those requirements into the other laws/rules. Two of the sections that would
have most of their provisions removed from the Real Propetty law were:
1. Leasing. The amendments deleted most of the provisions governing leasing from the
Real Property law, because the Nation had adopted a separate Leasing law to govern
leasing, and those requirements belonged in the new Leasing law. The new Leasing
law required approval from the Secretary of the Interior before it could go into effect.
2. Probate. The amendments deleted most of the provisions governing probate from the
Real Property law, and required Land Management and the Land Commission to
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promulgate rules governing probate, instead. (This was done so that the law would
not need to be amended every time the requirements for probate needed to be
changed).
However, if the Real Property law amendments went into effect before the new Leasing
law was effective, it would have resulted in a gap – the leasing provisions would have
been taken out of the Real Property law, meaning there would be very little Tribal law in
effect to govern leasing, until the Leasing Law was approved and became effective.
To avoid this result, BC Resolution #2-08-17-A adopted the amendments to the Real
Property Law, but also added that the existing leasing requirements would remain in the
Real Property law until the Leasing Law went into effect – then, the amendments that
removed most of the requirements from the Leasing section of the Real Property Law
would go into effect.
June 14, 2017 – The Real Property law amendments were set to go into effect in 11 days, which
would have removed most of the provisions governing probate. However, the Land
Commission and Land Management needed additional time to develop and promulgate
the rules governing probate. This meant that on June 25, when the amended Real
Property law went into effect, there would not be any provisions in law or in rule that
governed probate.
To prevent this, the OBC adopted BC 6-14-17-A, which allowed the probate provisions
to remain in the Real Property law until the probate rules had been promulgated and gone
into effect. Then, they would be removed and the amended language adopted on February
8, 2017, would go into effect for that section.
June 25, 2017. The amendments to the Real Property law went into effect, but because the
Leasing Law and rules governing probate had not yet gone into effect, the amendments to
those two sections of the law did not go into effect, and the old language remained in
place.
November 1, 2017. The LOC received a request to make additional amendments to the Real
Property Law - to transfer residential leasing responsibilities from Land Management to
the Comprehensive Housing Division; and to clarify and affirm the authority of the Land
Commission by stating that the jurisdiction of the Real Property law applies to all Tribal
fee land and not just fee land within the Reservation.
May 9, 2018. The Leasing law has been approved by the Secretary of the Interior and becomes
effective on May 19, 2018. When this happens, the temporary leasing language will be
removed from the Leasing law, and the amendments adopted by the OBC on February 8,
2017 will go into effect.
If the OBC adopts these proposed new amendments at the May 9, 2018 meeting, then
they will also go into effect on May 19, 2018.
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These proposed new amendments do not affect the original language governing
leasing, that are temporarily in effect in the Real Property law.
These proposed new amendments change the language adopted by the OBC on
February 8, 2017, by transferring the responsibility for administering and
processing all residential leasing of Tribal land, from Land Management to the
Comprehensive Housing Division.
At this time, the Land Management and the Land Commission rules governing probate
have still not gone into effect, so the original language governing probate will remain in
the Real Property law until that happens. Once probate rules have gone into effect, the
amended language adopted by the OBC on February 8, 2017, which removes most of the
probate provisions from the Real Property Law, will go into effect.
These proposed new amendments do not affect the original language governing
probate that is temporarily in effect in the Real Property law.
These proposed new amendments do not change the amended language adopted
by the OBC on February 8, 2017, except to change “Division of Land
Management” to “Land Management.”
In accordance with the Legislative Procedures Act, a public meeting on the proposed law was
held on January 11, 2018, with a comment period closing on January 18, 2018. Due to the
inadvertent posting of the incorrect Public Meeting time on the website, the public meeting was
held at 12:15 p.m. and then re-opened at 1:00 p.m. The only public comment received related to
the definition of Land Management; and to address this, the law was amended to no longer refer
to Land Management as a “Division”.
Requested Action
Approve the Resolution: Real Property Law Amendments
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _________
Real Property Law Amendments
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Business Committee adopted the current Real Property Law by resolution
BC-5-29-96-A; and has adopted amendments through resolutions BC-3-01-06-D, BC-0428-10-E, BC-02-25-15-C, BC-05-13-15-B; BC-2-8-17-A and BC-6-14-17-A; and
WHEREAS,
it is necessary to update this law to transfer residential leasing responsibilities to the
Comprehensive Housing Division; and
WHEREAS,
it is necessary to update this law to clarify that jurisdiction under the law applies to all
Tribal fee land and not just fee land within the Reservation; and
WHEREAS,
a public meeting on these proposed amendments was held on January 11, 2018 in
accordance with the Legislative Procedures Act.
NOW THEREFORE BE IT RESOLVED, that the Real Property law amendments are hereby adopted.
BE IT FURTHER RESOLVED, that these amendments shall not affect the provisions of sections 601.8
that are currently in effect until probate rules are promulgated and effective; in accordance with resolution
BC-06-14-17-A.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Real Property Law Amendments
Summary
This resolution adopts amendments to the Real Property law (the “Law”) which:
•
•
Transfer residential leasing responsibilities to the Comprehensive Housing Division, and
Clarify that jurisdiction under the law applies to all Tribal fee land - not just fee land
within the Reservation
Submitted by: Tani Thurner, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
The Real Property law was originally adopted by Business Committee resolution #5-2996-A, with additional amendments adopted in 2006, 2010 and 2015.
Currently, the Law identifies Land Management as the party responsible for managing
residential leases. However, those responsibilities have been transferred to the recently
established Comprehensive Housing Division. These amendments reflect that transfer of
responsibilities.
Currently, the law establishes jurisdiction over various types of lands; including Tribal
fee land within the Reservation. To ensure the broadest exercise of the Nation’s sovereign
authority, these proposed amendments expand that jurisdictional authority to cover all Tribal fee
land regardless of where it is located.
As required by the Legislative Procedures Act, a public meeting was held for these
amendments on January 11, 2018, with the LOC accepting public comments through January 18,
2018. The only comment received was a statement made during the public meeting regarding the
definition for Land Management. To address that comment, the term “Division of Land
Management” was shortened to “Land Management” throughout the law.
These attached amendments make changes to two sections of the law that were adopted
on February 8, 2017, but have not yet gone into effect. The following timeline is provided to
assist in explaining these changes:
February 8, 2017 – OBC adopted amendments to the Real Property Law, which, among other
things, removed several types of provisions so that those requirements could be placed in
other laws or rules instead. In the adopting resolution, the OBC directed that all of these
amendments would go into effect on June 25, 2017, in order to give the various entities
time to place those requirements into the other laws/rules. Two of the sections that would
have most of their provisions removed from the Real Property law were:
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1. Leasing. The amendments deleted most of the provisions governing leasing from the
Real Property law, because the Nation had adopted a separate Leasing law to govern
leasing, and those requirements belonged in the new Leasing law. The new Leasing
law required approval from the Secretary of the Interior before it could go into effect.
2. Probate. The amendments deleted most of the provisions governing probate from the
Real Property law, and required Land Management and the Land Commission to
promulgate rules governing probate, instead. (This was done so that the law would
not need to be amended every time the requirements for probate needed to be
changed).
However, if the Real Property law amendments went into effect before the new Leasing
law was effective, it would have resulted in a gap – the leasing provisions would have
been taken out of the Real Property law, meaning there would be very little Tribal law in
effect to govern leasing, until the Leasing Law was approved and became effective.
To avoid this result, BC Resolution #2-08-17-A adopted the amendments to the Real
Property Law, but also added that the existing leasing requirements would remain in the
Real Property law until the Leasing Law went into effect – then, the amendments that
removed most of the requirements from the Leasing section of the Real Property Law
would go into effect.
June 14, 2017 – The Real Property law amendments were set to go into effect in 11 days, which
would have removed most of the provisions governing probate. However, the Land
Commission and Land Management needed additional time to develop and promulgate
the rules governing probate. This meant that on June 25, when the amended Real
Property law went into effect, there would not be any provisions in law or in rule that
governed probate.
To prevent this, the OBC adopted BC 6-14-17-A, which allowed the probate provisions
to remain in the Real Property law until the probate rules had been promulgated and gone
into effect. Then, they would be removed and the amended language adopted on February
8, 2017, would go into effect for that section.
June 25, 2017. The amendments to the Real Property law went into effect, but because the
Leasing Law and rules governing probate had not yet gone into effect, the amendments to
those two sections of the law did not go into effect, and the old language remained in
place.
November 1, 2017. The LOC received a request to make additional amendments to the Real
Property Law - to transfer residential leasing responsibilities from Land Management to
the Comprehensive Housing Division; and to clarify and affirm the authority of the Land
Commission by stating that the jurisdiction of the Real Property law applies to all Tribal
fee land and not just fee land within the Reservation.
May 9, 2018. The Leasing law has been approved by the Secretary of the Interior and becomes
effective on May 19, 2018. When this happens, the temporary leasing language will be
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removed from the Leasing law, and the amendments adopted by the OBC on February 8,
2017 will go into effect.
If the OBC adopts these proposed new amendments at the May 9, 2018 meeting, then
they will also go into effect on May 19, 2018.
• These proposed new amendments do not affect the original language governing
leasing, that are temporarily in effect in the Real Property law.
• These proposed new amendments change the language adopted by the OBC on
February 8, 2017, by transferring the responsibility for administering and
processing all residential leasing of Tribal land, from Land Management to the
Comprehensive Housing Division.
At this time, the Land Management and the Land Commission rules governing probate
have still not gone into effect, so the original language governing probate will remain in
the Real Property law until that happens. Once probate rules have gone into effect, the
amended language adopted by the OBC on February 8, 2017, which removes most of the
probate provisions from the Real Property Law, will go into effect.
• These proposed new amendments do not affect the original language governing
probate that is temporarily in effect in the Real Property law.
• These proposed new amendments do not change the amended language adopted
by the OBC on February 8, 2017, except to change “Division of Land
Management” to “Land Management.”
Additional minor changes were made to ensure consistency with the current drafting style
and standards. These changes did not affect the content of the law.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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FINANCE ADMINISTRATION
Fiscal Impact Statement
HANDOUT
~
ONEIDA
MEMORANDUM
DATE:
April30, 2018
FROM:
Rae Skenandore, Financial Management Analyst
TO:
Larry Barton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
RE:
I.
Fiscal Impact of the Amendments to the Real Property Law
Estimated Fiscal Impact Summary
Legislation: Amendments to the Real Property Law
Comprehensive Housing Division
Land
Management
Implementing Agency
Oneida Land Commission
In accordance with the Legislative Procedures Act (LPA)
Estimated time to comply
Estimated Impact
Total Estimated Fiscal Impact
II.
Current Fiscal Year
$147,409
10 Year Estimate
$1,474,090
Background
A.
Legislative History
The Real Property Law was adopted by BC resolution BC-5-29-96-A and last amended
by BC resolution BC-02-25-15-C, BC-05-13-15-B, and BC-02-08-17-A
III.
Summary of Content
A.
Transfer residential leasing from the Division of Land Management to the newly
developed Comprehensive Housing Division. A restructuring and reorganization of
personnel accompanied this transfer of responsibilities.
B.
A definition for Land Management was added to state the Division within the
Nation responsible for maintaining the Oneida Nation Register of Deeds, entering into
and administering agricultural and commercial leases on behalf of the Nation, processing
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trust land transactions and land acquisition transactions, and for fulfilling other
responsibilities as identified within this Law. The Legislative analysis states that the
Division of Land Management was updated to Land Management to reflect cun-ent
business practices. Land Management is no longer a division and has been restructured
and moved under Environmental Health, Safety, and Land.
C.
The definition for Tribal fee land was updated to remove "within the Reservation"
to clarify that the Law applies to lands held in fee status both inside and outside of the
Reservation. Clarify that this law applies to all Tribal fee land, not just fee land within
the Reservation; affirming the Oneida Land Commission's authority over Tribal fee land
regardless of where it is located.
D.
Other minor revisions were made to reflect current drafting and formatting
standards.
According to the information provided by the Oneida Human Resources Department, the
restructuring of these two areas impact approximately 14 positions. One new position
was added and 11 title changes. Of the 11 title changes, eight (8) title reassignments
resulted in grade changes. Of the eight (8) grade changes, only two (2) did not result in a
change to wages.
The amendments to the Law are the reflection of the changes within the organization in
the development of the Comprehensive Housing Division and the restructuring of Land
Management. With a new position added and the title and grade changes that resulted in
increases, there is approximately $14 7,409 fiscal impact. It is unclear if these increases
were included in the Fiscal Year 2018 budget.
IV.
Methodology and Assumptions
A "Fiscal Impact Statement" means an estimate of the total identifiable fiscal year
financial effects associated with legislation and includes startup costs, personnel, office,
documentation costs, as well as an estimate ofthe amount of time necessary for an
agency to comply with the Law after implementation.
Finance does NOT identify the source of funding for the estimated cost or allocate any
funds to the legislation.
The analysis was completed based on the information provided as of the date of this
memo.
A good mind. Agood heart. Astrong fire.
~
ONEIDA
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V.
Financial Impact
Approximately $147,409 in Fiscal Year 2018 and $1,474,090 over the next 10 years.
VI.
Recommendation
Finance does not make a recommendation in regards to course of action in this matter.
Rather, it is the purpose of this report to disclose potential financial impact of an action,
so that the Oneida Business Committee and General Tribal Council has the information
with which to render a decision.
A good mind. A good heart. A strong fire.
~
ONEIDA
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Analysis to Draft #2 for OBC Consideration
2018 05 09
Real Property Amendments
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
Krystal L. John and
Rae Skenandore
Intent of the
Amendments
Purpose of the Law
Entities Affected by
the Amendments
Affected
Legislation
Enforcement/Due
Process
Public Meeting
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SPONSOR:
Ernest Stevens III
DRAFTER:
Taniquelle Thurner
ANALYST:
Maureen Perkins
Transfer residential leasing responsibilities from Land Management to the
Comprehensive Housing Division and clarify that jurisdiction under the law
applies to all Tribal fee land and not just fee land within the Reservation – which
will clarify and affirm the Oneida Land Commission’s authority over such land.
To provide regulations and procedures for the transfer, control and management
of the territory within the Reservation and all Tribal land; to integrate these
regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold jurisdiction within the Reservation;
and to establish licensing and certification requirements for the Nation’s
employees dealing with real property transactions [see 601.1-1].
Comprehensive Housing Division, Oneida Land Commission, Land Management
Mortgage and Foreclosure law, Land Ordinance, Leasing law, Landlord-Tenant
law, Eviction and Termination law, Public Use of Tribal Land law, Oneida Land
Commission bylaws
All involuntary transfers of title require a Judiciary hearing [see 601.7-3].
Land Management shall process and administer probate estates and, where
necessary, shall refer probate estates to the Oneida Judiciary for formal
administration [see 601.8-1].
The Judiciary shall hear and administer disputed probate estates or matters
requiring appointment of a guardian ad litem and shall have all the above powers
conferred upon the Land Management in such cases [see 601.8-2].
A public meeting was held January 11, 2018.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. The current amendments are proposed to transfer residential leasing responsibilities from Land
Management to the newly established Comprehensive Housing Division and to clarify jurisdiction
under the law applies to all Tribal fee land and not just fee land within the Reservation; which will
clarify and affirm the Oneida Land Commission’s authority over all fee land outside of the
Reservation.
B. The Leasing Law was approved by the Secretary of the US Department of the Interior on 4/19/18
and becomes effective on 5/19/18. Provision 601.9 related to leasing becomes effective on 05/19/18
with the effective date of the Leasing Law.
SECTION 3. CONSULTATION
A. The Oneida Law Office, the Comprehensive Housing Division, Land Management and the Oneida
Land Commission were consulted in the development of these amendments.
SECTION 4. PROCESS
A. The amendments clarify the jurisdiction of the Oneida Land Commission as the decision making
authority with respect to all fee land, including fee land outside of the Reservation. The law also
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Analysis to Draft #2 for OBC Consideration
2018 05 09
transfers the responsibility of residential leasing from Land Management and places it with the newly
created Comprehensive Housing Division.
B. The emergency amendments were added to the Active Files List on November 1, 2017 with Ernest
Stevens III as the sponsor. On November 15, 2017 the emergency status was removed but the
amendments remain classified as a high priority.
SECTION 5. CONTENTS OF THE LEGISLATION
A. (1) The definition for the Comprehensive Housing Division was amended to:
the division within the Nation under the direction of the Comprehensive Division Director
which consists of all residential services offered by the Nation, including but not limited
to, all rental programs, the rent-to-own programs, and the residential sales and mortgages
programs [see 601.3-1(c)].
(2) The footnote for the OBC resolution defining the Comprehensive Housing Division was deleted
[see footnote on page 2].
(3) A definition for Land Management was added:
the entity within the Nation responsible for maintaining the Oneida Nation Register of
Deeds, entering into and administering agricultural and commercial leases on behalf of the
Nation, processing trust transactions and land acquisition transactions, and for fulfilling
other responsibilities as identified within this law [see 601.3-1(k)].
(4) The Division of Land Management was updated to Land Management to reflect current business
practices.
(5) The definition for Tribal fee land was updated to remove “within the Reservation” to clarify that
the law applies to lands held in fee status both inside and outside of the Reservation [see 601.31(w)].
(6) Other minor revisions were made to reflect current drafting and formatting standards.
SECTION 6. INTENT OF AMENDMENTS
A. The purpose of the amendments is to clarify the decision making authority of responsible entities of
the Nation:
The Oneida Land Commission with respect to all fee land; including fee land outside the
Reservation; and
The Comprehensive Housing Division with respect to residential leasing.
Land Management with respect to maintaining the Oneida Nation Register of Deeds, entering
into and administering agricultural and commercial leases on behalf of the Nation, and
processing trust transactions and land acquisition transactions.
SECTION 7. EFFECT OF AMENDMENTS ON EXISTING LEGISLATION
A. The amendments add the Leasing law to the list of laws the Comprehensive Housing Division is
required to follow with respect to the administration and processing of residential leases; in addition,
all corresponding rules of all applicable laws was added [see 601.12-1].
B. Resolution BC-06-14-17-A adopted amendments to section 601.8, which govern probate.
However, those amendments do not go into effect until probate rules are promulgated and
effective.
C. Resolution BC-02-08-17-A adopted amendments to section 601.9, which governs leasing.
Those amendments will go into effect on May 19, 2018, when the Leasing law becomes
effective.
SECTION 8. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
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Analysis to Draft #2 for OBC Consideration
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A. The current proposed amendments do not impact existing rights, privileges, benefits or obligations.
B. The proposed amendments will affect the current application process with respect to residential leases.
The Comprehensive Housing Division will be the entity responsible for processing residential leases.
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SECTION 9. ENFORCEMENT
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SECTION 10. ACCOUNTABILITY
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and
operation
of
the
current
amendments
of
this
law.
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Draft #2 (Redline to Current)
For OBC Consideration
2018 05 09
Title 6. Property and Land – Chapter 601
REAL PROPERTY
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
The real/certain laws of the territory of the nation
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership
Legal Descriptions
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601.8.
601.9.
601.10.
601.11.
601.12.
Title Transfer
Probate
Leasing of Real Property
Records
Real Estate Education Requirements and Certifications
Organization
601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all tribal Tribal
land; to integrate these regulations and procedures with the real property laws and practices of
other federal and state sovereigns which may hold jurisdiction within the Reservation; and to
establish licensing and certification requirements for the Nation’s employees dealing with real
property transactions.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the
Nation’s policy that probated estates shall be settled expeditiously and without undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B
and BC-02-08-17-A and _______________.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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. Provided that, the Land Ordinance is applicable
only to valid land assignments existing as of January 1, 2016 and is hereby repealed upon the
expiration of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. This section shall govern the definitions of words and phrases used within this law.
All words not defined herein shall be used in their ordinary and everyday sense, subject to 601.45.
(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
(b) “Certified Survey survey Mapmap” means a map which provides the legal description
of real property and is officially filed and approved by the county, Tribal or municipal
governments.
6 O.C. 601 – Page 1
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For OBC Consideration
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(c) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all
residential services offered by the Nation, including but not limited to, all rental
programs, the rent-to-own program, and the residential sales and mortgages programs. the
entity responsible for housing matters as defined by Oneida Business Committee
Resolution.1
(d) “Easement” means a real property right to cross or otherwise utilize the land of
another for a specified purpose.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another
duties of good faith, trust, confidence and candor. For the purposes of this law, both
brokers and salespersons are “fiduciaries.”
(g) “Guardian Ad ad Litemlitem” means a guardian appointed by the Judiciary on behalf
of an incompetent or minor party.
(h) “Individual Fee fee Landland” means real property held in fee status by an individual
or group of individuals.
(i) “Individual Trust trust Landland” means individual Tribal land held in trust by the
United States of America for the benefit of a Tribal member.
(j) “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.
(k) “Land Management” means the entity within the Nation responsible for maintaining
the Oneida Nation Register of Deeds, entering into and administering agricultural and
commercial leases on behalf of the Nation, processing trust transactions and land
acquisition transactions, and for fulfilling other responsibilities as identified within this
law.
(kl) “Land Use use Licenselicense” means an agreement entered into by the Nation
providing a party the right to occupy and/or utilize a specified piece of Tribal land for a
specific purpose and a specific duration, which may require the Nation to be compensated
for such use.
(lm) “Leasehold Mortgagemortgage” means a mortgage, deed of trust, or other
instrument that pledges a lessee’s leasehold interest as security for a debt or other
obligation owed by the lessee to a lender or other mortgagee.
(mn) “Nation” means the Oneida Nation.
(no) “Personal Representativerepresentative” means a person to whom authority to
administer a decedent’s estate have been granted by the Division of Land Management or
the Judiciary.
(op) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(pq) “Real Propertyproperty” means land and anything growing on, attached to, or
erected on the land, excluding anything that may be severed without injury to the land.
1
See BC Resolutions 08-10-16-L, 10-12-16-B and 10-12-16-D defining the Comprehensive Housing Division for
purposes of the Mortgage and Foreclosure law, Eviction and Termination law and Landlord-Tenant law
respectively.
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(qr)“Reservation” means all the property 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.
(rs) “Restricted Fee fee Statusstatus” means an interest in real property which includes a
provision in the deed or will that, upon the happening or failure to happen of a certain
event, the title of the purchaser or devisee will shall be limited, enlarged, changed or
terminated.
(st) “Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Division of Land Management, Oneida Planning
Department and/or the Oneida Land Commission in accordance with the Administrative
Rulemaking law, based on authority delegated in this law in order to implement, interpret
and/or enforce this law.
(tu) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(uv) “Title Status status Reportreport” means a report issued by the Bureau of Indian
Affairs after a title examination which shows the proper legal description of a tract of
Tribal land; current ownership, including any applicable conditions, exceptions,
restrictions or encumbrances on records; and whether the land is in unrestricted,
restricted, trust, or other status as indicated by the records in a Land Titles and Records
Office.
(vw) “Tribal Fee fee Landland” means Tribal land held in fee status by the Nation within
the Reservation.
(wxv) “Tribal Landland” means Tribal fee land and Tribal trust land.
(xyw) “Tribal Membermember” means an individual who is an enrolled member of the
Nation.
(yzx) “Tribal Trust trust Landland” means the surface estate of land or any interest therein
held by the United States in trust for the Nation; land held by the Nation subject to
federal restrictions against alienation or encumbrance; land reserved for federal purposes;
and/or land held by the United States in trust for the Nation under Section 17 of the
Indian Reorganization Act, 25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and Tribal member’s individual trust land within the Reservation boundaries
and all Tribal land.
601.4-2. Tribal Land Base. The Division of Land Management shall administer all transactions
which add real property to the Tribal land base under the provisions of this law.
601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by
this law, unless the intent of the transaction is the consolidation or partition of Tribal trust land
and/or individual trust land.
601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property
interest held as a land assignment, the land assignment shall first be converted to a residential
lease.
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601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation
lacks definition, procedure, or legal precedent in a probate matter, the Nation shall use
Wisconsin’s Probate Code and its related chapters for guidance.
601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property Law law when acquiring individual fee land.
601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver
of the Nation’s sovereign immunity.
601.5.
Holding of Ownership
601.5-1. Interests in real property by more than one (1) person may be held in the following
ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
his/her share is divided among the remaining owners; the last living owner owns the
entire property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, his/her interest
is divided among his/her devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.6.
Legal Descriptions
601.6-1. The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey
changes the legal description of the certified survey map for the same piece of property, the
certified survey map’s legal description shall be used on transfer documents along with the
survey description, which shall be designated as “Also Known As ...” Section, township, range
and fourth principal meridian shall be included in all legal descriptions.
601.6-2. Every land survey shall be made in accordance with the county register of deeds’
records for fee land, and in accordance with the Oneida Nation Register of Deed’s’ records for
Tribal Trust trust Lands lands and Individual individual Trust trust Landslands. The surveyor
shall acquire data necessary to retrace record title boundaries such as deeds, maps, certificates of
title, title status reports, Tribal leases, Tribal home purchase agreements, center line and other
boundary line locations.
601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.6-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real
estate sale, lease, foreclosure, probate transfer, trust acquisition and Tribal resolutions.
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601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease
to Tribal members, the address is an adequate legal description of the real property.
601.7.
Title Transfer
601.7-1. Trust Acquisition. The Division of Land Management shall use title companies duly
registered with the Department of Interior and approved by the Division of Land Management to
update abstracts or provide title insurance on real property scheduled for trust acquisition.
(a) Title companies shall follow general guidelines provided by the federal government
in terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, the Division of Land Management staff shall request the
title company to search the title back to the original allottee, in order to assure ensure that
patents or Indian deeds were legally issued.
(c) Any valid liens or encumbrances shown by the commitment for title insurance shall
be eliminated before the title is transferred into trust.
(d) After land is in trust both a title search of county records and a title status report
requested by the Division of Land Management from the Bureau of Indian Affairs shall
verify all valid encumbrances, if any, on the title. For the purposes of this section, a valid
encumbrance is one that has been preapproved, in writing, by the Division of Land
Management based on a standard operating procedure that is effective upon approval by
the Oneida Land Commission.
(e) Division of Land Management applications to convert Tribal fee land into Tribal trust
land require an Oneida Land Commission resolution approving the said conversion.
601.7-2. Deeds. A deed is the formal document used by the Division of Land Management to
transfer title from one (1) party to another.
(a) A valid deed shall:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) In addition to the requirements listed in section 601.7-32(a), a deed prepared for trust
acquisition shall include:
(1) The federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authority and signature of the appropriate Department of Interior official
who accepts the real property into trust.
(c) A deed transferring fee simple title shall be recorded in the appropriate register of
deeds office, provided that, once the real property is in trust, the title shall be recorded
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with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles
and Records Office.
601.7-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by
the Nation. In the event the property owner objects to the Nation’s appraisal, they
may obtain an independent appraisal at their own cost. For the purposes of this
section, an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain may be appealed to the Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.
(c) Tribal Land Consolidation. Section 207 of the Indian Land Consolidation Act
(Pub.L. No. 97-459, 96 Stat. 2515, and amended on October 30, 1984 by Pub.L. No. 98608, 98 Stat. 3171) is incorporated into this law, which provides a mechanism for real
property within the Reservation to escheat, or pass, to the Nation.
(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100.00) in
any one (1) of the five (5) years immediately following the decedent’s
death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest
of real property which is held in trust or restricted fee status located within the
Reservation devises such interest to a non-Tribal member, the Nation may acquire the
said interest by paying the fair market value of the interest determined as of the date of
the decedent’s death. Such transfer is effective upon receipt of an order transferring
inherited interests from the Judiciary pursuant to section 205 of the Indian Land
Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
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(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the decedent, provided that such a restriction shall be
recorded as part of the deed relating to the interest involved; or
(C) The devisee agrees in writing that the Nation may acquire the interest
for fair market value only if the interest is offered for sale to a person or
entity that is not a member of the immediate family of the owner of the
interest.
(e) Easements for Landlocked Properties. The Division of Land Management and the
Oneida Land Commission shall jointly develop rules regarding requests for easements for
landlocked properties.
601.7-4. Division of Land Management shall work with the Oneida Law Office in order to
pursue an involuntary transfer of title.
601..8. Probate
601.8-1. The Division of Land Management shall process and administer probate estates and,
where necessary, shall refer probate estates to the Oneida Judiciary for formal administration.
The Division of Land Management and the Oneida Land Commission shall jointly create any
rules necessary to administer probate estates. The Division of Land Management shall:
(a) Process applications for probate administration;
(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate
decedent’s property pursuant to applicable laws and rules;
(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;
(d) Require and receive affidavits of service;
(e) Receive waiver and consent to probate administration forms and any related
affidavits;
(f) Issue notice to creditors of the probate’s administration, receive creditor claims for
consideration and settlement, and issue discharge of creditors when appropriate;
(g) Receive and process all estate inventories;
(h) Receive and process, when possible, land transactions in accordance with this law and
receive proof of recording documents;
(i) Receive estate receipts;
(j) In undisputed matters, receive and process statement of personal representative to
close estate and issue discharge of personal representative; and
(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and
participate in the Judiciary’s proceedings as necessary.
601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring
appointment of a guardian ad litem and shall have all the above powers conferred upon the
Division of Land Management in such cases. In addition, the Judiciary shall hear and administer
probate estates in which the Division of Land Management seeks appointment as a personal
representative.
601.9.
Leasing of Real Property
601.9-1. The In accordance with the Leasing law, the Division of Land Management shall
administer and process all leasing of Tribal land for residential, agricultural and commercial
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purposes and the Comprehensive Housing Division shall administer and process all leasing of
Tribal land for residential purposesin accordance with the Leasing law. The Leasing law
definition of Tribal land does not include Tribal fee land; however, pursuant to this law, the
Division of Land Management the responsible parties designated herein shall administer and
process all leases of both Tribal fee land and Tribal trust land in accordance with the Leasing
law. lasting longer than one (1) year that are not made as part of the homeownership program
using federal funding in accordance with the Leasing law.
601.10. Records
601.10-1. Purpose. The Division of Land Management shall oversee the administration of the
Oneida Nation Register of Deeds which shall accept and record documents related to real
property located within the Reservation, as well as documents related to and all Tribal fee land,
regardless of where it is located.
601.10-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents
that provide evidence of activities affecting real property title, preserve the record of a title
document and give constructive notice of changes to a title document. Further, said such
documents shall be originals, signed duplicates or certified copies. The following documents
may be accepted by the Oneida Nation Register of Deeds.
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases made pursuant to the Leasing law;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.10-3. Accessibility. The Oneida Nation Register of Deeds shall provide open access to land
records and title documents.
601.10-4. Trust Land. All documents pertaining to Tribal trust land and Individual individual
trust land shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian
Affairs Land Titles and Records Office.
601.10-5. Tribal Seal. The Nation’s Secretary shall provide the Division of Land Management
with the Nation’s seal to be used to authenticate documents which are certified by the Oneida
Nation Register of Deeds.
601.11. Real Estate Education Requirements and Certifications
601.11-1. Wisconsin Real Estate Education and Exam Required. All persons engaging in the
acquisition of Tribal fee land on behalf of the Nation, specifically those performing real estate
closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not required to
obtain a Wisconsin Real Estate License, but are required toshall fulfill the pre-license education
requirement, pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4)
courses of continuing education requirements as required of Wisconsin real estate licensees. The
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Division of Land Management Director director shall select which continuing education courses
are required and the Oneida Law Office shall provide the Director director with a
recommendation. In addition to Wisconsin’s minimum education requirements as applied to the
Nation’s real estate employees in this law, the Division of Land Management shall require such
employees to attend real estate training specific to the Nation’s goals and unique positions as the
Oneida Law Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular
employees of the Nation and, therefore, shall waive any commission for which they
might otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, the Division of Land Management shall employ a
minimum of one (1) employee whose primary focus is real estate acquisitions and shall
ensure that a minimum of two (2) employees are educated and trained as backups to the
primary.
601.11-2. TAAMS Certification Required. All persons responsible for encoding leasing
information shall obtain a TAAMS certification, which includes, but is not limited to, the
following positions:
(a) Residential and Commercial Leasing Specialists;
(b) Land Title and Trust Manager; and
(c) Title Examiner.
601.11-3. Fiduciary Responsibility. All persons engaged in the buying or selling of Tribal land
shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with all
applicable Tribal and federal laws.
601.12. Organization
601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall
oversee all residential transactions, excluding residential leases, within the Reservation and shall
process and administer said such transactions using the applicable of the Landlord-Tenant law,
the Mortgage and Foreclosure law, the Leasing law and/or the Eviction and Termination law;
including any corresponding rules. In addition, the Oneida Land Commission and the
Comprehensive Housing Division shall exercise joint rulemaking authority to provide process
requirements, including but not limited to advertising, notice, prequalification, and selection, that
apply in all circumstances when the Nation is selling a residential property.
601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy to guide the Division of Land
Management in implementing the same;
(b) Approve or deny all easements and land use licenses;
(c) Review and adopt the Division of Land Management’s standard operating procedures
for entering into agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
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Oneida Planning Department shall develop in collaboration with affected Oneida
divisions and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.12-3. Division of Land Management. The Division of Land Management shall implement
this law in accordance with the policy directives provided by the Oneida Land Commission. The
Division of Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land
Commission based on the easement and land use license rules jointly developed by the
Division of Land Management and the Oneida Land Commission;
(b) Administer and oversee the Oneida Nation Register of Deeds;
(c) Enter into and administer residential, agricultural and commercial leases pursuant to
the Leasing law and the Eviction and Termination law and any corresponding rules;
(d) Prepare title reports and process trust transactions; and
(e) Process land acquisition transactions as approved by the Oneida Land Commission.
End.
Adopted -- BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended –- BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Amended- BC-06-14-17-A (Temporary Amendments)
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Title 6. Property and Land – Chapter 601
REAL PROPERTY
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
The real/certain laws of the territory of the nation
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership
Legal Descriptions
601.7.
601.8.
601.9.
601.10.
601.11.
601.12.
Title Transfer
Probate
Leasing of Real Property
Records
Real Estate Education Requirements and Certifications
Organization
601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all Tribal land; to
integrate these regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish
licensing and certification requirements for the Nation’s employees dealing with real property
transactions.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the
Nation’s policy that probated estates shall be settled expeditiously and without undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B
and BC-02-08-17-A and _______________.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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. Provided that, the Land Ordinance is applicable only
to valid land assignments existing as of January 1, 2016 and is hereby repealed upon the
expiration of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense, subject to 601.4-5.
(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
(b) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
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(c) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all
residential services offered by the Nation, including but not limited to, all rental
programs, the rent-to-own program, and the residential sales and mortgages programs.
(d) “Easement” means a real property right to cross or otherwise utilize the land of
another for a specified purpose.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another
duties of good faith, trust, confidence and candor. For the purposes of this law, both
brokers and salespersons are “fiduciaries.”
(g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an
incompetent or minor party.
(h) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(i) “Individual trust land” means individual Tribal land held in trust by the United States
of America for the benefit of a Tribal member.
(j) “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.
(k) “Land Management” means the entity within the Nation responsible for maintaining
the Oneida Nation Register of Deeds, entering into and administering agricultural and
commercial leases on behalf of the Nation, processing trust transactions and land
acquisition transactions, and for fulfilling other responsibilities as identified within this
law.
(l) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose
and a specific duration, which may require the Nation to be compensated for such use.
(m) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(n) “Nation” means the Oneida Nation.
(o) “Personal representative” means a person to whom authority to administer a
decedent’s estate have been granted by Land Management or the Judiciary.
(p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(q) “Real property” means land and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
(r) “Reservation” means all the property 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.
(s) “Restricted fee status” means an interest in real property which includes a provision
in the deed or will that, upon the happening or failure to happen of a certain event, the
title of the purchaser or devisee shall be limited, enlarged, changed or terminated.
(t) “Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Land Management, Oneida Planning Department
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and/or the Oneida Land Commission in accordance with the Administrative Rulemaking
law, based on authority delegated in this law in order to implement, interpret and/or
enforce this law.
(u) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(v) “Title status report” means a report issued by the Bureau of Indian Affairs after a title
examination which shows the proper legal description of a tract of Tribal land; current
ownership, including any applicable conditions, exceptions, restrictions or encumbrances
on records; and whether the land is in unrestricted, restricted, trust, or other status as
indicated by the records in a Land Titles and Records Office.
(w) “Tribal fee land” means land held in fee status by the Nation.
(x) “Tribal land” means Tribal fee land and Tribal trust land.
(y) “Tribal member” means an individual who is an enrolled member of the Nation.
(z) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal
restrictions against alienation or encumbrance; land reserved for federal purposes; and/or
land held by the United States in trust for the Nation under Section 17 of the Indian
Reorganization Act, 25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and Tribal member’s individual trust land within the Reservation boundaries
and all Tribal land.
601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real
property to the Tribal land base under the provisions of this law.
601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specifically prohibited by this
law, unless the intent of the transaction is the consolidation or partition of Tribal trust land and/or
individual trust land.
601.4-4. New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property
interest held as a land assignment, the land assignment shall first be converted to a residential
lease.
601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks
definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s
Probate Code and its related chapters for guidance.
601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property law when acquiring individual fee land.
601.4-7. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Holding of Ownership
601.5-1. Interests in real property by more than one (1) person may be held in the following
ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
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his/her share is divided among the remaining owners; the last living owner owns the
entire property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, his/her interest is
divided among his/her devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.6.
Legal Descriptions
601.6-1. The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey
changes the legal description of the certified survey map for the same piece of property, the
certified survey map’s legal description shall be used on transfer documents along with the
survey description, which shall be designated as “Also Known As ...” Section, township, range
and fourth principal meridian shall be included in all legal descriptions.
601.6-2. Every land survey shall be made in accordance with the county register of deeds’
records for fee land, and in accordance with the Oneida Nation Register of Deeds’ records for
Tribal trust lands and individual trust lands. The surveyor shall acquire data necessary to retrace
record title boundaries such as deeds, maps, certificates of title, title status reports, Tribal leases,
Tribal home purchase agreements, center line and other boundary line locations.
601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.6-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real
estate sale, lease, foreclosure, probate transfer, trust acquisition and Tribal resolutions.
601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease
to Tribal members, the address is an adequate legal description of the real property.
601.7.
Title Transfer
601.7-1. Trust Acquisition. Land Management shall use title companies duly registered with
the Department of Interior and approved by the Land Management to update abstracts or provide
title insurance on real property scheduled for trust acquisition.
(a) Title companies shall follow general guidelines provided by the federal government
in terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, Land Management shall request the title company to
search the title back to the original allottee, in order to ensure that patents or Indian deeds
were legally issued.
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(c) Any valid liens or encumbrances shown by the commitment for title insurance shall
be eliminated before the title is transferred into trust.
(d) After land is in trust both a title search of county records and a title status report
requested by Land Management from the Bureau of Indian Affairs shall verify all valid
encumbrances, if any, on the title. For the purposes of this section, a valid encumbrance
is one that has been preapproved, in writing, by Land Management based on a standard
operating procedure that is effective upon approval by the Oneida Land Commission.
(e) Land Management applications to convert Tribal fee land into Tribal trust land
require an Oneida Land Commission resolution approving the conversion.
601.7-2. Deeds. A deed is the formal document used by the Land Management to transfer title
from one (1) party to another.
(a) A valid deed shall:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) In addition to the requirements listed in section 601.7-2(a), a deed prepared for trust
acquisition shall include:
(1) The federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authority and signature of the appropriate Department of Interior official
who accepts the real property into trust.
(c) A deed transferring fee simple title shall be recorded in the appropriate register of
deeds office, provided that, once the real property is in trust, the title shall be recorded
with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles
and Records Office.
601.7-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they
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may obtain an independent appraisal at their own cost. For the purposes of this
section, an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain may be appealed to the Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.
(c) Tribal Land Consolidation. Section 207 of the Indian Land Consolidation Act
(Pub.L. No. 97-459, 96 Stat. 2515, and amended on October 30, 1984 by Pub.L. No. 98608, 98 Stat. 3171) is incorporated into this law, which provides a mechanism for real
property within the Reservation to escheat, or pass, to the Nation.
(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100) in any
one (1) of the five (5) years immediately following the decedent’s death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest
of real property which is held in trust or restricted fee status located within the
Reservation devises such interest to a non-Tribal member, the Nation may acquire the
interest by paying the fair market value of the interest determined as of the date of the
decedent’s death. Such transfer is effective upon receipt of an order transferring inherited
interests from the Judiciary pursuant to section 205 of the Indian Land Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the d
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