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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials August 9, 2017
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 282 pages are the Open Session meeting materials presented at a
meeting duly called, noticed and held on the 9th day of August, 2017.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Public Packet
Page 1 of 334
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, August 08, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, August 09, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I.
CALL TO ORDER AND ROLL CALL
II.
OPENING
III.
ADOPT THE AGENDA
IV.
OATHS OF OFFICE
A.
V.
VI.
Oneida Pardon and Forgiveness Screening Committee - Jeanette Archiquette-Ninham
Sponsor: Lisa Summers, Tribal Secretary
MINUTES
A.
Approve July 26, 2017, regular Business Commitee meeting minutes with reconvened
session on July 27, 2017
Sponsor: Lisa Summers, Tribal Secretary
B.
Approve July 27, 2017, FY '17 3rd quarter reports Business Committee meeting
minutes
Sponsor: Lisa Summers, Tribal Secretary
RESOLUTIONS
A.
Adopt resolution entitled Administrative Rulemaking Law Amendments
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
Oneida Business Committee Regular Meeting Agenda of August 09, 2017
Page 1 of 5
Public Packet
VII.
B.
Adopt resolution entitled Audit Law Amendments
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
C.
Adopt resolution entitled Adoption of the Governance of Boards, Committees and
Commissions Amendments
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
D.
Adopt resolution entitled Child Care Department Consumer Complaint Law
Sponsor: Brandon Stevens, Councilman/ Legislative Operating Committee Chair
STANDING COMMITTEES
A.
Legislative Operating Committee
Sponsor: Brandon Stevens, Councilman/Legislative Operating Committee Chair
1.
B.
C.
VIII.
Accept July 19, 2017, Legislative Operating Committee meeting minutes
Finance Committee
Sponsor: Trish King, Tribal Treasurer/Finance Committee Chair
1.
Approve July 31, 2017, Finance Committee meeting minutes
2.
Approve Finance Committee E-Poll action of August 3, 2017 regarding approval
of a Purchase Order increase of $14,613.88 to Lamers Bus, Inc. - file # 2015-0374
Quality of Life
Sponsor: Fawn Billie, Councilwoman/Quality of Life Committee Chair
1.
Accept June 15, 2017, Quality of Life meeting minutes
2.
Accept Quality of Life Committee - End of Term Report
UNFINISHED BUSINESS
A.
IX.
Page 2 of 334
Adopt resolution entitled Native American Business Development Institute Feasibility
(NABDI) Study
Sponsor: Joanie Buckley, Division Director/Internal Services
NEW BUSINESS (Please Note: Scheduled times are approximate and subject to change)
A.
Approve 2017 General Election Final Results report (This items is scheduled to begin
at 8:45 a.m.)
Sponsor: Melinda J Danforth, Tribal Vice-Chairwoman
B.
Approve an option for disbursement of fifty (50) complimentary passes - 5th Annual
Indian Horse Relay tickets - Canterbury Park, MN - August 24-26, 2017
Sponsor: Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of August 09, 2017
Page 2 of 5
Public Packet
X.
TRAVEL
A.
B.
XI.
Page 3 of 334
Travel Requests
1.
Approve travel request in accordance with Travel & Expense Policy - Five (5)
Oneida Nation Veterans Affairs Committee members - Indian Summer Festival September 8-10, 2017
Chair: James Martin
Liaison: Jennifer Webster, Councilwoman
2.
Approve travel request - Up to three (3) OBC members - 2017 Bemidji Area
Partnership for Family Wellness conference - New Buffalo, MI - September 11-15,
2017
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
3.
Approve travel request - Councilman Brandon Stevens - 40th Anniversary of
American Indian Science Engineering Society (AISES) & National conference
and the Tribal Nations Advisory Council (TNAC) meeting - Denver, CO September 20-23, 2017
Travel Reports
1.
Accept travel report - Secretary Lisa Summers - Wisconsin Dept. of Corrections
tribal consultation - Hayward, WI - May 8-9, 2017
2.
Accept travel report - Secretary Lisa Summers & Councilwoman Jennifer
Webster - 31st Annual Wisconsin Indian Education Association (WIEA)
conference - Minocqua, WI May 11-14, 2017
3.
Accept travel report - Secretary Lisa Summers, Councilwoman Jennifer Webster,
& Councilman Tehassi Hill - National Congress of American Indians (NCAI) midyear conference - Uncasvillie , CT - June 11-15, 2017
4.
Accept travel report - Secretary Lisa Summers & Councilwoman Fawn Billie North American Indigenous Games (NAIG) 2017 - Toronto, ON Canada - July 1423, 2017
OPERATIONAL REPORTS (Please Note: Scheduled times are approximate and subject to
change)
A.
Accept Environmental Health & Safety FY '17 3rd quarter report (1:30 p.m.-1:50 p.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
B.
Accept Division of Land Management FY '17 3rd quarter report (1:50 p.m.-2:10 p.m.)
Sponsor: Patrick Pelky, Division Director/Division of Land Management
C.
Accept Oneida Housing Authority FY '17 3rd quarter report (2:10 p.m.-2:30 p.m.)
Sponsor: Dale Wheelock, Executive Director/Oneida Housing Authority
D.
Accept Human Resources Dept. FY '17 3rd quarter report (2:30 p.m.-2:50 p.m.)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
Oneida Business Committee Regular Meeting Agenda of August 09, 2017
Page 3 of 5
Public Packet
E.
XIII.
Page 4 of 334
Accept Retail Enterprise FY ’17 3rd quarter report (2:50 p.m.-3:10 p.m.)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to
change)
A.
B.
REPORTS
1.
Accept Oneida Seven Generations Corporation FY '17 3rd quarter report
Sponsor: Cristina Danforth, Tribal Chairwoman (8:30 a.m.-9:15 a.m.)
2.
Accept Retail Enterprise FY ’17 3rd quarter report (9:15 a.m.-9:45 a.m.)
Sponsor: Michele Doxtator, Area Manager/Retail Profits
3.
Accept Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
STANDING ITEMS
1.
C.
D.
Land Claims Strategy (No Requested Action)
AUDIT COMMITTEE
Sponsor: Tehassi Hill, Councilman/Audit Committee Chair
1.
Accept June 9, 2017, Audit Committee meeting minutes
2.
Accept July 13, 2017, Audit Committee meeting minutes
3.
Accept audit entitled SEOTS Performance Assurance and lift confidentiality
requirement
4.
Accept audit entitled Oneida Elder Services Performance Assurance and lift
confidentiality requirement
5.
Accept audit entitled Ultimate Texas Hold'em Rules of Play and lift confidentiality
requirement
6.
Accept audit entitled Cultural Heritage Performance Assurance and lift
confidentiality requirement
UNFINISHED BUSINESS
1.
Accept report regarding contract # 2017-0088; and accept recommended actions
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman
2.
Accept strategy regarding IGAC report from July 26, 2017, Business Committee
meeting
Sponsor: Nathan King, Director/Intergovernmental Affairs & Communications
3.
Accept report regarding complaint # 2017-DR11-01 (Not Submitted)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
Oneida Business Committee Regular Meeting Agenda of August 09, 2017
Page 4 of 5
Public Packet
Page 5 of 334
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 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.
4.
Accept sign-in sheets from June 28, 2017, as information (Not Submitted)
Sponsor: Cristina Danforth, Tribal Chairwoman
EXCERPT FROM JULY 26, 2017: (1) Motion by Trish King to create standard
operating procedures to support the Oneida Business Committee to carry out their
duties and responsibilities in accordance with the constitution, seconded by Jennifer
Webster. Motion called out of order by Chairwoman Tina Danforth. (2) Motion by
David Jordan to defer this item to the August 9, 2017, regular Business Committee
meeting; and for the back-up to include minutes, seconded by Brandon Stevens.
Motion carried unanimously.
E.
XIV.
NEW BUSINESS
1.
Approve letter of agreement - Attorney's Process & Investigation Services, Inc. file # 2017-0892 (This item is scheduled to begin at 11:00 a.m.)
Sponsor: David Jordan, Councilman
2.
Adopt resolution entitled Transfer of Language Department to Oneida Nation
School System
Sponsor: Jo Anne House, Chief Counsel
3.
Review concern # 2017-CC-11 and determine next steps
Sponsor: Lisa Summers, Tribal Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:50 p.m., Friday, August 4, 2017, pursuant to
the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800)
236-2214.
Oneida Business Committee Regular Meeting Agenda of August 09, 2017
Page 5 of 5
Public Packet
Page 6 of 334
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
8
/ 9
/ 17
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 Jeanette Archiquette-Ninham to the Oneida Pardon and Forgiveness Screening
Committee.
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Kathleen M. Metoxen, Records Tech II
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
Page 7 of 334
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the June 1, 2017 issue of the Kalihwisaks for (4) vacancies on the Oneida Pardon and
Forgiveness Screening Committee for a (3) year term with the deadline of July 3, 2017. There was (1) applicant for
the (4) vacancies on the Oneida Pardon and Forgiveness Screening Committee. The appointment was made on
the July 27, 2017 BC Agenda.
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
Deadlines
Page 8 of 334
Oneida Business Committee Agenda Request
Instructions
1. Meeting Date Requested: 08/09/17
2. General Information:
Session: ☒ Open
☐ Executive -See instructions for the applicable laws, then choose one from menu:
Choose an item.
Agenda Section: Minutes
Subject Matter: Approve July 26-27, 2017, regular Business Committee meeting minutes
3. Supporting Materials:
☐ Report
☐ Resolution
☐ Contract # ______
☒ Other: (Describe below)
7/26-27/17 meeting minutes
☐ Business Committee Signature Required
4. Budget Information:
☐Budgeted – Tribal Contribution ☐ Budgeted – Grant Funded
☐ Unbudgeted ☒ Not Applicable
5. Submission:
Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary
Primary Requestor: Heather Heuer
Additional Requestor: (Name, Title/Dept.)
Additional Requestor: (Name, Title/Dept.)
Request Form Submitted By: CLERK
6. Cover Memo:
To which Strategic Direction(s) does this request relate to?
☐ Advancing Onʌyoteˀa·ká· Principles
☐ Creating a Positive Organizational Culture
☐ Committing to Building a Responsible Nation ☒ Implementing Good Governance
Requested Action of the Business Committee: (To approve..., To accept..., To adopt resolution titled..., etc.)
Approve July 26-27, 2017, regular Business Committee meeting minutes
Public Packet
Page 9 of 334
DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, July 25, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, July 26, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Reconvened Meeting
2:54 p.m. Thursday, July 27, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Secretary Lisa Summers;
Arrived at: ;
Others present: Jo Anne House, RaLinda Ninham-Lamberies, Lisa Liggins, Louise Cornelius, Chad
Fuss, Jeff Bowman, Brad Graham, Jeff House, Jackie Zalim, Janice Hirth-Skenandore, Josh Doxtator,
Justin Knight, Steve Ninham, Mary Shaw, Kelly Losee, Nate King, Larry Barton;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens,
Jennifer Webster;
Not Present: ;
Arrived at: ;
Others present: Larry Barton, Jo Anne House, Heather Heuer, Candice Skenandore, Clorissa Santiago,
Jen Falck, RaLinda Ninham-Lamberies, Rhiannon Metoxen, Jessica Wallenfang, Lee Cornelius, Lora
Skenandore, Chris Johnson, Brad Graham, Pogi King Dessart, Steve Webster, Joanie Buckley, Louise
Cornelius, Geraldine Danforth, Tammy Skenandore, Donald Miller, Dan Hawk, Taniquelle Thurner, Janice
Decorah, Denise Vigue, Debbie Melchert, Krystal John, Rae Skenandore, Mike Hill, Leyne Orosco,
Jacque Boyle, Ed Delgado, Lisa Liggins, Bonnie Pigman, Cathy Metoxen, Cathy Bachhuber, Maureen
Perkins, Nancy Barton, Kory Wesaw, Pearl Webster, Carol Smith, Gerald DeCoteau, Patrick Pelky, Frank
Vandehei, Debra Danforth, Ravinder Vir, Susan House, Linda Dallas, Sid White, Troy Parr, Kristy Krenke,
Carol Smith, Judy Cornelius, Gene Schmidt, Barb Erickson, Karen Parr;
RECONVENED MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
Tehassi Hill, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers;
Arrived at: Councilman David Jordan at 3:03 p.m.;
Others present: Jo Anne House, RaLinda Ninham-Lamberies, Heather Heuer;
Oneida Business Committee Regular Meeting Minutes DRAFT of July 26, 2017; Reconvened July 27, 2017
Page 1 of 21
Public Packet
Page 10 of 334
DRAFT
I. CALL TO ORDER AND ROLL CALL by at Chairwoman Tina Danforth 8:30 a.m. on July 26, 2017
II. OPENING by Councilman Tehassi Hill on July 26, 2017
A. Special Recognition – Oneida athletes – North American Indigenous Games (NAIG)
Toronto, Ontario – July 17-21, 2017 (3:33:27)
Sponsor:
Fawn Billie, Councilwoman
Special Recognition by coaches (Jamison King, Anthony Cornelius, Terry Melchert, Dugan Webster,
Margaret Ellis, Lois Stevens, Nona Danforth, Kokomoss White, Michael Ninham, Kristin Zablocki,
Vincente Vega, Leah Stroobants, Brad Vanevery, Dana Isaac, Sid White, Kilabrew Vandyke, Shad
Webster, Tanya Skenandore, Justine Mehojah, and Jenna Cornelius-Daubon), the many community
members supporters, and the Oneida Business Committee of the Oneida Nation athletes who
participated in the North American Indigenous Games: Crimson Powless, Elijah Metoxen, Jonathon
Massey, Anthony Hernandez, Ty Melchert, Isaiah Funmaker, Richard Summers III, David Danforth,
Lexandria Metoxen, M’Kenzy Ackley, Lieda Rodriquez, Sadie Schuman, Malia Jacobs, Imani Ninham,
Namoi House, Miranda Skenandore, Yanet Torres-Mejia, Rilee Powless, Shania Barber, Taliah Degroot,
Mercedes Ackley, Skylee Elm, Kiandra Gerald, Jaelynn Danforth, Skye Degroot, Aaliyah House-Webster,
Presley Cornelius, Levi Williams, Brylee King, Jamozzy Skenandore, Trent Thomas, Brandon King,
Danika Zablocki, Briana Zablocki, Jackie Zablocki, Bree Bzdawka, Anastacia Reyes-Elm, Altaezza
Douangmala, Sophie Skenandnore, Savanna Fish, Lindsey Danforth, Sandra Torres-Mejia, Sadie Kelly,
Cameron Skenandore, Nathan Ninham, Kelly Stevens, Blake Doxtator, Willard Johnson Jr., Desmond
Degroot, Jermiah Webster, Gavin White, Nathaniel Padron, Seth Charles, Patrick Baillie, Darwin Issac,
Kyle Betters, Brandon Granquist, Melvin Matson, Miguel Hernandez, Damon Denny, Paige Skenandore,
Tianna Hackett, Laiyah Lee, Jashon Killspotted, Riley Rasmussen, Lillian Cooper, Chaselyn Parker, Tiara
Barber, Caleb Aguirre, Jackson Schuyler, Joshua Skenandore, Danny Herrera, Kiara Skenadore, Dylan
Danforth, Jose Guzman, Camillie Billie, Mia Charnon, Jashelle King-Skenandore, Nakai Webster, Sadie
Danforth, Kailey Hill, Caydence Cornelius, Wayne Williams, and Margo Francour.
B. Special Recognition for Years of Service – Seventeen (17) Oneida Nation employees
Sponsor:
Geraldine Danforth, Area Manager/Human Resources Dept. (00:04:50)
Special Recognition by Steve Webster of Paula (Pogi) King Dessart(35 years of service); Special
Recognition by Louise Cornelius of Samantha Skenandore (35 years of service); Special Recognition by
Kim Laluzerne of Victoria Reed-Vanderzanden (30 years of service); Special Recognition by Kim
Laluzerne of Susan Kelly (25 years of service); Special Recognition by Kim Laluzerne of Tina Moore (25
years of service); Special Recognition by Franklin Cornelius of Kim Laluzerne (25years of service);
Special Recognition by Jeffrey Carlson of Kelly Skenandore (25 years of service); Special Recognition by
Louise Cornelius of Lorna Skenandore (25 years of service); Special Recognition by Robert Chambers of
Dorothy Cornette (25 years of service); and Special Recognition by Chad Cornelius of Shelly Stevens (25
years of service). Special Recognition for the following individuals who could not be present: William
Stevens for 40 years of service; Carl Prevost for 35 years of service; Gene Thomas for 30 years of
service; Philip Smith for 30 years of service; Richard VanBoxtel for 25 years of service; Jill Green for 25
years of service; Floyd Schuman Jr. for 25 years of service; James Petitjean for 25 years of service;
Owen Somers for 25 years of service; Dale Powless for 25 years of service; Wendy Summers for 25
years of service; and Tracy Charles for 25 years of service.
C. Special Recognition – Chairwoman Tina Danforth – Oneida Business Committee (Add-on)
Sponsor:
Larry Barton, Chief Financial Officer (00:24:00)
Special Recognition by family members, community members, and colleagues of Chairwoman Tina
Danforth for 18 years of service as a tribal leader with the Business Committee. Song and drum provided
by Trevon Danforth.
Oneida Business Committee Regular Meeting Minutes DRAFT of July 26, 2017; Reconvened July 27, 2017
Page 2 of 21
Public Packet
Page 11 of 334
DRAFT
III. ADOPT THE AGENDA (00:46:14)
Motion by Brandon Stevens to adopt the agenda with the following changes: [Schedule Unfinished
Business item 10.A. Approve four (4) actions regarding Oneida Nation Solar LLC. Operating agreement –
file # 2017-0655, at 10:00 a.m.; Add-on General Tribal Council item regarding Petitioner Frank Vandehei:
Modify or eliminate E-Poll process; Note the scheduled time frames for item II.A. and section XII.
Operational Reports; and Add-on II.C. Special Recognition for Chairwoman Tina Danforth of the Oneida
Business Committee], seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Amendment to the main motion by David Jordan to schedule Executive Session – New Business items
XIV.E.05. and XIV.E.06. at 3:30 p.m., seconded by Melinda J. Danforth. Motion carried with one
abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Lisa Summers, Jennifer Webster
Abstained:
Brandon Stevens
Treasurer Trish King departs at 9:29 a.m. on July 26, 2017
IV. OATHS OF OFFICE (00:56:54) administered by Secretary Lisa Summers
A. Oneida Police Commission – Kory Wesaw
B. Oneida Personnel Commission – Pearl Webster, Carol Smith, and Gerald DeCoteau
V. MINUTES (00:59:43)
(July 26, 2017, regular meeting)
A. Approve July 12, 2017, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by David Jordan to approve the July 12, 2017, regular meeting minutes, seconded by Lisa
Summers. Motion carried with two abstentions:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth, Brandon Stevens
Not Present:
Trish King
VI. RESOLUTIONS
Treasurer Trish King returns at 9:32 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
A. Adopt resolution entitled Native American Business Development Institute (NABDI)
Feasibility Study (1:00:17)
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Lisa Summers to defer this item to the August 9, 2017, regular Business Committee meeting
until we can get more information from the Community & Economic Development Division on this request,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Oneida Business Committee Regular Meeting Minutes DRAFT of July 26, 2017; Reconvened July 27, 2017
Page 3 of 21
Public Packet
Page 12 of 334
DRAFT
(July 26, 2017, regular meeting)
B. Adopt resolution entitled Well Abandonment Law Amendments (1:09:25)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 07-26-17-A Well Abandonment Law Amendments,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
(July 26, 2017, regular meeting)
C. Adopt resolution entitled Tribal Environmental Response Law Amendments (1:10:58)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by David Jordan to adopt resolution # 07-26-17-B Tribal Environmental Response Law
Amendments, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Secretary Lisa Summers departs at 9:43 a.m. on July 26, 2017
Secretary Lisa Summers returns at 9:46 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
D. Adopt resolution entitled On-Site Waste Disposal Law Amendments (1:11:23)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Melinda J. Danforth to adopt resolution # 07-26-17-C On-Site Waste Disposal Law
Amendments, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
(July 26, 2017, regular meeting)
E. Adopt resolution entitled Public Use of Tribal Land Law Amendments (1:16:12)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 07-26-17-D Public Use of Tribal Land Law
Amendments, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
(July 26, 2017, regular meeting)
F. Adopt resolution entitled All-Terrain Vehicle Law Amendments (1:16:56)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Melinda J. Danforth to adopt resolution # 07-26-17-E All-Terrain Vehicle Law Amendments,
noting the effective date will be October 1, 2017, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
(July 26, 2017, regular meeting)
G. Adopt resolution entitled Hunting, Fishing and Trapping Law Amendments (1:17:36)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Oneida Business Committee Regular Meeting Minutes DRAFT of July 26, 2017; Reconvened July 27, 2017
Page 4 of 21
Public Packet
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DRAFT
Motion by Lisa Summers to adopt resolution # 07-26-17-F Hunting, Fishing and Trapping Law
Amendments, noting the effective date will be October 1, 2017, seconded by Trish King. Motion carried
with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth
(July 26, 2017, regular meeting)
H. Adopt resolution entitled Water Resources Ordinance Amendments (1:18:52)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Trish King to adopt resolution # 07-26-17-G Water Resources Ordinance Amendments, noting
the effective date will be October 1, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Councilman Tehassi Hill departs at 10:03 a.m. on July 26, 2017
Councilman Tehassi Hill returns at 10:09 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
I. Adopt resolution entitled Oneida Business Committee Meetings Law (1:19:44)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Lisa Summers to adopt resolution # 07-26-17-H Oneida Business Committee Meetings Law;
and to request the Intergovernmental Affairs & Communications Dept. to assist with communicating the
changes, seconded by David Jordan. Motion carried with one opposed:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Opposed:
Melinda J. Danforth
Amendment to the main motion by David Jordan that under line 107, change three (3) minutes to five (5)
minutes per agenda item; and under section 117.7-2(e) to allow for community members to also make
requests to the agenda, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Melinda J. Danforth
Amendment to the main motion by Lisa Summers for a review to be done by the Legislative Operating
Committee in six (6) months after implementation, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Business Committee moves to item X.A. scheduled at 10:00 a.m.
(July 26, 2017, regular meeting)
J. Adopt resolution entitled Landlord-Tenant Emergency Amendments (1:55:20)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 07-26-17-I Landlord-Tenant Emergency Amendments,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
Councilwoman Fawn Billie returns at 10:34 a.m. on July 26, 2017
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Vice-Chairwoman Melinda J. Danforth returns at 10:36 a.m. on July 26, 2017
Secretary Lisa Summers departs at 10:43 a.m. on July 26, 2017
Secretary Lisa Summers returns at 10:46 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
K. Adopt resolution entitled Adoption of the Children’s Code and the Nation’s Indian Child
Welfare Act Policy (1:59:30)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by Brandon Stevens to adopt resolution # 07-26-17-J Adoption of the Children’s Code and the
Nation’s Indian Child Welfare Act Policy, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Amendment to the main motion by Lisa Summers that includes quarterly reporting regarding the transition
back to the Business Committee work meetings or regular meetings with the full transition plan to be
submitted for the September 9, 2017, regular Business Committee meeting and for quarterly reports to be
submitted thereafter; and to request a one (1) year review of the law itself as it relates to its full
implementation to make sure that if there are any changes that are necessary we are also undertaking
those as well, seconded by David Jordan. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Chairwoman Tina Danforth departs at 11:10 a.m. Vice-Chairwoman Melinda J. Danforth assumes
responsibility of the Chair on July 26, 2017.
Chairwoman Tina Danforth returns at 11:37 a.m. and resumes responsibility of the Chair on July 26,
2017.
Councilwoman Jennifer Webster departs at 11:37 a.m. on July 26, 2017
Councilwoman Jennifer Webster returns at 11:40 a.m. on July 26, 2017
Treasurer Trish King departs at 11:41 a.m. on July 26, 2017
Treasurer Trish King returns at 11:43 a.m. on July 26, 2017
Councilwoman Fawn Billie departs at 11:47 a.m. on July 26, 2017
Councilwoman Fawn Billie returns at 11:50 a.m. on July 26, 2017
Secretary Lisa Summers departs at 11:51 a.m. on July 26, 2017
Secretary Lisa Summers returns at 11:58 a.m. on July 26, 2017
Vice-Chairwoman Melinda J. Danforth departs at 12:00 p.m. on July 26, 2017
(July 26, 2017, regular meeting)
L. Adopt resolution entitled Cemetery Law Amendments (2:39:48)
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair
Motion by David Jordan to adopt resolution # 07-26-17-K Cemetery Law Amendments, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Melinda J. Danforth
For the record:
Secretary Lisa Summers stated I am going to abstain at this point
because I asked for a consideration for this to be deferred out a little bit
more so that we could have proper communication and I wasn’t able to
get that amendment in. So I just wanted everybody to know that is why.
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VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair:
Brandon Stevens, Councilman
(July 26, 2017, regular meeting)
1. Accept June 21, 2017, Legislative Operating Committee meeting minutes (4:40:26)
Motion by Brandon Stevens to accept the June 21, 2017, Legislative Operating Committee meeting
minutes, Legislative Operating Committee meeting minutes, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
B. Finance Committee
Chair:
Trish King, Tribal Treasurer
(July 26, 2017, regular meeting)
1. Approve July 17, 2017, Finance Committee meeting minutes (4:42:40)
Motion by Jennifer Webster to approve the July 17, 2017, Finance Committee meeting minutes,
seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa Summers,
Jennifer Webster
Abstained:
David Jordan
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
2. Approve Finance Committee E-Poll results regarding Prevea Clinics, Inc. Psychiatric
Services agreement – file # 2017-0808 (4:42:55)
Motion by Trish King to approve the Finance Committee E-Poll results regarding Prevea Clinics, Inc.
Psychiatric Services agreement – file # 2017-0808, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
3. Approve Finance Committee E-Poll results regarding (2) two Capital Expenditure
transfer of funds for $300,000 from Elder Services to CIP # 05-013 – Elder
Services/Apartment Improvements; and $21,000 from 3 Sisters Asphalt Replacement
to CIP # 14-013 – Early Head Start Facility (4:54:00)
Motion by Trish King to approve the Finance Committee E-Poll results regarding (2) two Capital
Expenditure transfer of funds for $300,000 from Elder Services to CIP # 05-013 – Elder
Services/Apartment Improvements; and $21,000 from 3 Sisters Asphalt Replacement to CIP # 14-013 –
Early Head Start Facility, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
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C. Quality of Life Committee
Chair:
Fawn Billie, Councilwoman
(July 26, 2017, regular meeting)
1. Accept May 11, 2017, Quality of Life meeting minutes (4:55:41)
Motion by Lisa Summers to accept the May 11, 2017, Quality of Life meeting minutes, seconded by Fawn
Billie. Motion carried unanimously:
Secretary Lisa Summers departs at 3:16 p.m. before voting occurs on July 26, 2017.
Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Melinda J. Danforth, Lisa Summers
VIII. APPOINTMENTS
(July 26, 2017, regular meeting)
A. Approve recommendation to appoint Jeanette Archiquette-Ninham to Pardon and
Forgiveness Screening Committee; and re-post the other three (3) vacancies (5:20:30)
Sponsor:
Cristina Danforth, Tribal Chairwoman
Motion by David Jordan to approve the recommendation to appoint Jeanette Archiquette-Ninham to
Pardon and Forgiveness Screening Committee; and re-post the other three (3) vacancies, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
(July 26, 2017, regular meeting)
B. Approve recommendation to appoint Elaine Skenandore-Cornelius to Bay Bancorporation
Board of Directors (5:20:56)
Liaison Alternate: David Jordan, Councilman
Motion by David Jordan to approve the recommendation to appoint Elaine Skenandore-Cornelius to Bay
Bancorporation Board of Directors, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
IX. TABLED BUSINESS (5:21:31)
(July 26, 2017, regular meeting)
A. Approve recommendation to appoint Robert Barton to Oneida Airport Hotel Corp. Board
of Directors
Sponsor:
Cristina Danforth, Tribal Chairwoman
Motion by David Jordan to take this item from the table, seconded by Jennifer Webster. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
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Motion by David Jordan to approve the recommendation to appoint Robert Barton to Oneida Airport Hotel
Corp. Board of Directors, seconded by Jennifer Webster. Motion carried with two abstentions:
Ayes:
Fawn Billie, David Jordan, Trish King, Jennifer Webster
Abstained:
Tehassi Hill, Brandon Stevens
Melinda J. Danforth, Lisa Summers
Not Present:
EXCERPT FROM JULY 12, 2017: (1) Motion by Fawn Billie to approve the recommendation to
appoint Robert Barton to the Oneida Airport Hotel Corporation Board of Directors, seconded by
David Jordan. Motion not voted on; item tabled. (2) Motion by Lisa Summers to table this item,
seconded by Tehassi Hill.
EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to
defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
X. UNFINISHED BUSINESS (1:43:14)
Vice-Chairwoman Melinda J. Danforth departs at 10:15 a.m. on July 26, 2017
Councilwoman Fawn Billie departs at 10:16 a.m. on July 26, 2017
(July 26, 2017, regular meeting)
A. Approve four (4) actions regarding Oneida Nation Solar LLC. Operating agreement – file #
2017-0655
Requestor:
Michael Troge, Environmental Project Manager/Eco-Services Dept.
Sponsor:
Patrick Pelky, Division Director/Environmental Health & Safety
Motion by Lisa Summers to approve the Oneida Nation Solar LLC. Operating agreement – file # 20170655, contingent upon a positive review by Sovereign Finance, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
Amendment to the main motion by David Jordan to approve Michael Troge to be the Oneida Nation
representative of Oneida Nation Solar LLC.; and to approve James Bittorf to be the Oneida Nation
Dispute Representative of Oneida Nation Solar LLC.; and to acknowledge supporting materials were
submitted by Friday, July 21, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth, Fawn Billie
EXCERPT FROM JUNE 28, 2017: (1) Motion by Lisa Summers to accept the Oneida Nation
Solar LLC. Operating agreement – file # 2017-0655, as information only at this point, noting the
requestors will come back and either request a special Business Committee meeting or add this
item to an upcoming regular Business Committee for completion, seconded by Jennifer Webster.
Motion carried unanimously. (2) Motion by Lisa Summers to request the Finance Department
complete the remainder of their review by Friday, July 7, 2017, so we can proceed, seconded by
David Jordan. Motion carried unanimously.
Business Committee resumes agenda at item VI.J.
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XI. NEW BUSINESS
(July 26, 2017, regular meeting)
A. Approve revised OBC SOP entitled Hiring and Negotiating Oneida Business Committee
(OBC) Political Appointments (5:26:03)
Sponsor:
Tehassi Hill, Councilman
Motion by Jennifer Webster to approve the addition of section 3.3 “The Tribal Chair’s Office is eligible for
two (2) full-time positions with the option of the Tribal Chair hiring two (2) part-time (0-20 hours a week)
employees to equal one full-time positions,” back into OBC SOP entitled Hiring and Negotiating Oneida
Business Committee (OBC) Political Appointments, seconded by Trish King. Motion carried unanimously:
Councilwoman Jennifer Webster departs at 3:42 p.m. before voting occurs on July 26, 2017.
Ayes:
Not Present:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Motion by David Jordan to recess at 4:45 p.m. on July 26, 2017, seconded by Fawn Billie. Motion carried
unanimously: (6:47:59)
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers
Not Present:
Melinda J. Danforth, Fawn Billie, Jennifer Webster
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 2:54 p.m. on July 27, 2017
Chairwoman Tina Danforth, Secretary Lisa Summers, and Councilman David Jordan not present.
(July 27, 2017, reconvened regular meeting)
B. Schedule special Business Committee meeting for purpose of administering oaths of
office for remaining elected officials1
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to approve scheduling a special Business Committee meeting for the purpose
of administering oaths of office for remaining elected officials on August 17, 2017, at 5:00 p.m., seconded
by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by David Jordan to recess at 12:04 p.m. until 1:30 p.m. on July 26, 2017, seconded by Brandon
Stevens. Motion carried unanimously: (3:32:52)
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m. on July 26, 2017.
Chairwoman Tina Danforth not present.
1 Audio inadvertently did not record during this item.
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XII. OPERATIONAL REPORTS
Chairwoman Tina Danforth arrives at 1:40 p.m. on July 26, 2017
Vice-Chairwoman Melinda J. Danforth departs at 1:49 p.m. on July 26, 2017
Councilman Tehassi Hill departs at 1:52 p.m. on July 26, 2017
Councilman Tehassi Hill returns at 1:56 p.m. on July 26, 2017
Secretary Lisa Summers departs at 1:57 p.m. on July 26, 2017
Treasurer Trish King departs at 2:05 p.m. on July 26, 2017
(July 26, 2017, regular meeting)
A. Accept Comprehensive Health Division FY ’17 3rd quarter report (3:59:22)
Sponsors:
Debra Danforth, Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Medical Director/Medical Operations
Motion by David Jordan to accept the Comprehensive Health Division FY ’17 3rd quarter report, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Trish King, Lisa Summers
Treasurer Trish King returns at 2:12 p.m. on July 26, 2017
Secretary Lisa Summers returns at 2:19 p.m. on July 26, 2017
(July 26, 2017, regular meeting)
B. Accept Community & Economic Development Division FY ’17 3rd quarter report (4:13:40)
Sponsor:
Troy Parr, Division Director/Community & Economic Development – Development
Branch
Motion by David Jordan to accept the Community & Economic Development Division FY ’17 3rd quarter
report, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
C. Accept Public Works Division FY ’17 3rd quarter report (4:22:38)
Sponsors:
Jacque Boyle, Interim Assistant Division Director/Public Works – Development
Branch
Motion by Jennifer Webster to accept the Public Works Division FY ’17 3rd quarter report, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
(July 26, 2017, regular meeting)
D. Accept Governmental Services Division FY ’17 3rd quarter report (4:28:28)
Sponsor:
George Skenandore, Division Director/Governmental Services
Motion by David Jordan to accept the Governmental Services Division FY ’17 3rd quarter report, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
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XIII. 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)
(July 27, 2017, reconvened regular meeting)
A. Approve four (4) actions regarding Petitioner Edward Delgado – Trust Land Distribution
Sponsor:
Lisa Summers, Tribal Secretary (6:48:33)
Motion by Tehassi Hill to acknowledge receipt of the petition submitted by Edward Delgado regarding
Trust Land Distribution, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses, seconded by Trish King.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within fortyfive (45) days, with a reminder of the July 7, 2017, GTC directive that GTC petitions “submitted to the
Tribal Secretary’s Office shall be processed and a GTC meeting be convened with 120 calendar days of
receipt by the Tribal Secretary’s Office”, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal
Secretary within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
EXCERPT FROM JULY 12, 2017: No formal action taken on this item.
EXCERPT FROM JUNE 28, 2017: Motion by Lisa Summers to defer the remaining agenda items
to the July 12, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion
carried unanimously.
EXCERPT FROM JUNE 14, 2017: Meeting cancelled.
(July 27, 2017, reconvened regular meeting)
B. Approve four (4) actions regarding Petitioner Linda Dallas – 2017 Tri-Annual General
Election (6:51:25)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Brandon Stevens to acknowledge receipt of the petition submitted by Linda Dallas regarding
the 2017 Tri-Annual Election, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Trish King to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses, seconded by Tehassi Hill.
Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within fortyfive (45) days, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal
Secretary within thirty (30) days, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Councilman David Jordan arrives at 3:03 p.m. on July 27, 2017
Councilwoman Jennifer Webster departs at 3:31 p.m. on July 27, 2017
Councilwoman Jennifer Webster returns at 3:34 p.m. on July 27, 2017
(July 27, 2017, reconvened regular meeting)
C. Determine appropriate date and reschedule FY ’18 GTC budget meeting (6:54:00)
Sponsor:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to reschedule the FY ’18 GTC budget meeting to from Sunday, September 17,
2017, to Sunday, October 8, 2017, seconded by Brandon Stevens. Motion withdrawn.
Motion by Tehassi Hill to rescind the February 8, 2017, Business Committee motion that scheduled the
FY ’18 GTC budget on Sunday, September 17, 2017, at 1:00 p.m.; and to reschedule the FY ’18 GTC
budget meeting to Sunday, October 8, 2017, at 10:00 a.m., seconded by Trish King. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
D. Approve two (2) actions regarding special GTC meeting (7:32:03)
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to approve scheduling a special GTC meeting on Sunday, September 17, 2017, at
1:00 p.m. for the remaining 2017 Semi-Annual GTC agenda items, seconded by Jennifer Webster.
Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Lisa Summers
For the record:
Councilman David Jordan stated I am scheduled vacation out of state.
Motion by Brandon Stevens to approve the mailer and notice, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Treasurer Trish King departs at 3:43 p.m. during July 27, 2017
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Treasurer Trish King returns 3:46 p.m. during July 27, 2017
(July 27, 2017, reconvened regular meeting)
E. Accept legal opinion of Referendum Question regarding development of law which
provides for sanctions and due process for elected officials (7:35:02)
Sponsor:
Jo Anne House, Chief Counsel
Motion by Tehassi Hill to accept the legal opinion regarding development of a law which provides for
sanctions and due process for elected officials, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
For the record:
Vice-Chairwoman Melinda J. Danforth stated that the referendum
question process is laid out in the Election Law and that there will be
next steps after this.
(July 27, 2017, reconvened regular meeting)
F. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting
Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved memorandum to cancel the June 20, 2017, special GTC meeting; and direct
the Tribal Secretary to combine agenda items to a later date with the Employment law
and Re-organization proposal (7:44:08)
Requestor: Brandon Stevens, Councilman
Motion by Brandon Stevens to enter the E-Poll results into the record for the approved memorandum to
cancel the June 20, 2017, special GTC meeting; and direct the Tribal Secretary to combine agenda items
to a later date with the Employment law and Re-organization proposal, seconded by Tehassi Hill. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to enter the E-Poll results into
the record for the approved memorandum to cancel the June 20, 2017, special GTC meeting;
and to direct the Tribal Secretary to combine agenda items to a later date with the
Employment law and Re-organization proposal, seconded by Jennifer Webster. Motion not
formally voted on.
EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers
to defer the remaining agenda items to the July 12, 2017, regular Business Committee
meeting, seconded by Tehassi Hill. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
G. Approve four (4) actions regarding Petitioner Frank Vandehei – E-Poll process (Add-on)
Sponsor:
Lisa Summers, Tribal Secretary (7:38:45)
Motion by Tehassi Hill to acknowledge receipt of the petition submitted Frank Vandehei regarding the EPoll process, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
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Motion by Tehassi Hill to send the verified petition to the Law, Finance, Legislative Reference, and Direct
Report Offices' for legal financial, legislative, and administrative analyses, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Motion by Tehassi Hill to direct the Law, Finance, and Legislative Reference Office to submit their
analyses to the Tribal Secretary within sixty (60) days with a progress report to be submitted within fortyfive (45) days, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Motion by Tehassi Hill to direct the Direct Report Offices to submit administrative analyses to Tribal
Secretary within thirty (30) days, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
XIV. EXECUTIVE SESSION (7:44:41)
A. REPORTS
(July 27, 2017, reconvened regular meeting)
1. Determine appropriate actions regarding Oneida Seven Generations Corporation FY
’17 3rd quarter report
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to defer the Oneida Seven Generations Corporation FY ’17 3rd quarter report
to the August 9, 2017, regular Business Committee meeting, seconded by Trish King. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
2. Accept Bay Bancorporation, Inc. FY ’17 3rd quarter report
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Trish King to accept the Bay Bancorporation, Inc. FY ’17 3rd quarter report, seconded by
Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
3. Accept Oneida ESC Group, LLC. FY ’17 3rd quarter report
Chair:
Jackie Zalim
Liaison:
Tehassi Hill, Councilman
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Motion by Trish King to accept the Oneida ESC Group, LLC. FY ’17 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
4. Accept Oneida Airport Hotel Corporation FY ’17 3rd quarter report
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
Motion by Tehassi Hill to accept the Oneida Airport Hotel Corporation FY ’17 3rd quarter report, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
5. Accept Oneida Golf Enterprise FY ’17 3rd quarter report
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
Motion by Trish King to accept the Oneida Golf Enterprise FY ’17 3rd quarter report, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
6. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
Motion by David Jordan to accept the Gaming General Manager report, seconded by Tehassi Hill. Motion
carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
(July 27, 2017, reconvened regular meeting)
7. Accept Chief Counsel report – Jo Anne House, Chief Counsel
Motion by David Jordan to accept the Chief Counsel report, seconded by Trish King. Motion carried with
one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Motion by Jennifer Webster to direct Chief Counsel to complete the requested follow-up for the August 9,
2017, regular Business Committee meeting, seconded by David Jordan. Motion carried with one
abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
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(July 27, 2017, reconvened regular meeting)
8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director
Motion by Trish King to accept the Intergovernmental Affairs & Communications report, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Motion by David Jordan to approve the Memorandum of Agreement – file # 2017-0673, correcting “Tribe”
to “Nation” throughout, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
Motion by Brandon Stevens to direct the Intergovernmental Affairs & Communications Dept. to bring back
a strategy to address the notice dated June 23, 2017; and to direct the strategy be brought to the August
9, 2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried with one
abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
(July 27, 2017, reconvened regular meeting)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
Sponsor: Trish King, Tribal Treasurer
Motion by Tehassi Hill to accept the update regarding Oneida Golf Enterprise – Ladies Professional Golf
Association, seconded by Trish King. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
C. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman
(July 27, 2017, reconvened regular meeting)
1. Accept Audit Committee FY '17 3rd quarter report
Motion by Jennifer Webster to accept the Audit Committee FY ’17 3rd quarter report, seconded by David
Jordan. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
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D. UNFINISHED BUSINESS
(July 27, 2017, reconvened regular meeting)
1. Accept report regarding contract # 2017-0088 and determine next steps
Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman
Motion by David Jordan to defer the report regarding contract # 2017-0088 to the August 9, 2017, regular
Business Committee meeting, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the report regarding
contract # 2017-0088 for sixty (60) days, seconded by Brandon Stevens. Motion carried
unanimously.
EXCERPT FROM FEBRUARY 8, 2017: Motion by Lisa Summers to direct Liaisons
Councilwoman Jennifer Webster and Secretary Lisa Summers to work with the Law Office on
a contract item that was brought forward; and to bring back a report to the Business
Committee within sixty (60) days, seconded by Trish King. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
2. Review final recommendation; and determine next steps regarding complaints # 2017DR08-01, # 2017-DR08-02, and # 2017-DR08-03
Sponsors: Councilmembers Brandon Stevens, David Jordan, Jennifer Webster
Motion by Tehassi Hill to accept the written report regarding complaint # 2017-DR08-02, seconded by
Jennifer Webster. Motion carried Motion carried with two abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers, Jennifer
Webster
Abstained:
Fawn Billie, Trish King
Not Present:
Tina Danforth, Lisa Summers
For the record:
Vice-Chairwoman Melinda J. Danforth stated Trish is recused from this
matter.
Motion by David Jordan to go into executive session at 4:01 p.m., seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Treasurer Trish King and Councilwoman Fawn Billie depart at 4:01 p.m.
Motion by Tehassi Hill to come out of executive session at 4:05 p.m., seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to approve the recommendations 1-3 regarding complaint # 2017-DR08-02
listed in the written report dated July 26, 2017, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Tehassi Hill to assign Secretary Lisa Summers and Councilwoman Jennifer Webster to carry
out the action, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
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Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to accept the written report regarding complaint # 2017-DR08-01 and
complaint # 2017-DR08-03, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to approve the recommendations 1-4 regarding complaint # 2017-DR08-01
and complaint # 2017-DR08-03 listed in the written report dated July 26, 2017, seconded by Tehassi Hill.
Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by Jennifer Webster to assign Vice-Chairwoman Melinda J. Danforth and Councilman David
Jordan to carry out the action, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to defer this item to the July 26,
2017, regular Business Committee meeting for the team to do the additional follow-up that
was identified, seconded by Jennifer Webster. Motion carried with one abstention.
EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers
to defer this item to the July 12, 2017, regular Business Committee meeting, seconded by
Jennifer Webster. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
3. Discussion regarding complaint # 2017-CC-05
Sponsor: David Jordan, Councilman
Motion by David Jordan to accept the discussion regarding complaint # 2017-CC-05 as information,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to defer this item to the July 25,
2017, Oneida Business Committee executive session agenda for a 9:00 a.m. start time,
seconded by David Jordan. Motion carried unanimously.
(July 27, 2017, reconvened regular meeting)
4. Defer report regarding complaint # 2017-DR11-01 to August 9, 2017, regular Business
Committee meeting
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
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:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
EXCERPT FROM JULY 12, 2017: 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.
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E. NEW BUSINESS
(July 27, 2017, reconvened regular meeting)
1. Approve limited waiver of sovereign immunity – Laredo Ender User License agreement
– file # 2017-0125
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Laredo Ender User
License agreement – file # 2017-0125, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 27, 2017, reconvened regular meeting)
2. Approve limited waiver of sovereign immunity – Baker Tilly Virchow Krause LLP.Engagement Letter – file # 2017-0483
Sponsor: Larry Barton, Chief Financial Officer
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Baker Tilly Virchow
Krause LLP.-Engagement Letter – file # 2017-0483, seconded by Tehassi Hill. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 27, 2017, reconvened regular meeting)
3. Approve procedural exception to allow Dept. of Public Works to carryover funds from
FY '17 operational equipment into FY '18
Sponsor: Trish King, Tribal Treasurer
Motion by Tehassi Hill to approve the procedural exception to allow Dept. of Public Works to carryover
funds from FY '17 operational equipment into FY '18, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 27, 2017, reconvened regular meeting)
4. Create position expectations for Direct Report – 21
Sponsor: Tehassi Hill, Councilman
Motion by Tehassi Hill to direct Jessica Wallenfang to format the expectations; and to set-up a meeting
time between the Business Committee and the Direct Report shortly after hire to review expectations,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
(July 26, 2017, regular meeting)
5. Accept sign-in sheets from June 20, 2017, as information (5:47:07)
Sponsor: Cristina Danforth, Tribal Chairwoman
Motion by David Jordan to accept the sign in sheets from June 20, 2017, as information for the record,
noting 1) that the title be corrected to Informational Meeting; 2) that the signatures and names be
redacted; and 3) that there is no stipend for the June 20, 2017, informational meeting, seconded by Trish
King. Motion carried with two opposed and one abstention:
Ayes:
David Jordan, Trish King, Brandon Stevens,
Opposed:
Tehassi Hill, Jennifer Webster
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Abstained:
Not Present:
Fawn Billie
Melinda J. Danforth, Lisa Summers
(July 26, 2017, regular meeting)
6. Accept sign-in sheets from June 28, 2017, as information (6:03:34)
Sponsor: Cristina Danforth, Tribal Chairwoman
Motion by Trish King to create standard operating procedures to support the Oneida Business Committee
to carry out their duties and responsibilities in accordance with the constitution, seconded by Jennifer
Webster. Motion called out of order by Chairwoman Tina Danforth.
Motion by David Jordan to defer this item to the August 9, 2017, regular Business Committee meeting;
and for the back-up to include minutes, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
XV. ADJOURN
Motion by Tehassi Hill to adjourn at 4:12 p.m. on July 27, 2017, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
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Deadlines
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Oneida Business Committee Agenda Request
Instructions
1. Meeting Date Requested: 08/09/17
2. General Information:
Session: ☒ Open
☐ Executive -See instructions for the applicable laws, then choose one from menu:
Choose an item.
Agenda Section: Minutes
Subject Matter: Approve July 27, 2017, FY ’17 3rd quarter reports Business Committee meeting minutes
3. Supporting Materials:
☐ Report
☐ Resolution
☐ Contract # ______
☒ Other: (Describe below)
7/27/17 minutes
☐ Business Committee Signature Required
4. Budget Information:
☐Budgeted – Tribal Contribution ☐ Budgeted – Grant Funded
☐ Unbudgeted ☒ Not Applicable
5. Submission:
Authorized Sponsor / Liaison: Lisa Summers, Tribal Secretary
Primary Requestor: Heather Heuer
Additional Requestor: (Name, Title/Dept.)
Additional Requestor: (Name, Title/Dept.)
Request Form Submitted By: CLERK
6. Cover Memo:
To which Strategic Direction(s) does this request relate to?
☐ Advancing Onʌyoteˀa·ká· Principles
☐ Creating a Positive Organizational Culture
☐ Committing to Building a Responsible Nation ☒ Implementing Good Governance
Requested Action of the Business Committee: (To approve..., To accept..., To adopt resolution titled..., etc.)
Approve July 27, 2017, FY ’17 3rd quarter reports Business Committee meeting minutes
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Oneida Business Committee
FY ’17 3rd Quarterly Reports
8:00 a.m. Thursday, July 27, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
FY ’17 3RD QUARTERLY REPORTS MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Council members: Fawn Billie,
David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Secretary Lisa Summers;
Arrived at: Councilman Tehassi Hill at 8:10 a.m.;
Others present: Dale Powless, Carol Elm, Heather Heuer, Cathy Bachhuber, Gina Buenrostro, Jo Anne
House, Eric Boulanger, Tonya Webster, Mark A. Powless, Carol Silva, Pat Lassila, RaLinda NinhamLamberies, Jeff House, Jeff Bowman, MaryAnn Kruckeberg, Candace House, Barb Erickson, Lois Strong,
Rita Summers, Tom Danforth, Arlie Doxtator, Dale Webster, Debra Danforth, Jolene Hensberger, Sharon
Mousseau;
I. CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:08 a.m.
For the record:
Secretary Lisa Summers is out of the office to attend the State-Tribal
relations meetings.
Councilman Tehassi Hill arrives at 8:10 a.m.
II. OPENING
III. ADOPT THE AGENDA (00:27:26)
Motion by Tehassi Hill to adopt the agenda with the following changes: [Reschedule Corporate Reports to
1:30 p.m.], seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
IV. REPORTS
A. APPOINTED BOARDS, COMMITTEES, COMMISSIONS
1. Accept Oneida Nation Arts Board FY ’17 3rd quarter report (00:00:33) (Not Submitted)
Chair:
Liaison:
Tamara VanSchyndel
Jennifer Webster, Councilwoman
Motion by Jennifer Webster to defer the Oneida Nation Arts Board FY ’17 3rd quarter report to the next
quarterly report meeting; and for the Liaison to follow-up with the Board, seconded by David Jordan.
Motion carried unanimously:
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Ayes:
Not Present:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Tina Danforth, Lisa Summers
2. Accept Anna John Residential Centered Care Community Board FY ’17 3rd quarter
report (00:01:25)
Chair:
Candace House
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to accept the Anna John Residential Centered Care Community Board FY ’17
3rd quarter report, seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
3. Accept Oneida Child Protective Board FY ’17 3rd quarter report (00:09:11)
Chair:
Liaison:
Dale Powless
Lisa Summers, Tribal Secretary
Motion by David Jordan to accept the Oneida Child Protective Board FY ’17 3rd quarter report, seconded
by Jennifer Webster. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Fawn Billie
Not Present:
Tina Danforth, Lisa Summers
4. Defer Oneida Environmental Resources Board FY ’17 3rd quarter report (00:26:12)
Chair:
Liaison:
Marlene Garvey
Tehassi Hill, Councilman
Motion by Jennifer Webster to defer the Oneida Environmental Resources Board FY ’17 3rd quarter report
to the next quarterly report meeting, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
5. Accept Oneida Community Library Board FY ’17 3rd quarter report (00:32:06)
Chair:
Liaison:
Dylan Benton
Fawn Billie, Councilwoman
Motion by Tehassi Hill to accept the Oneida Community Library Board FY ’17 3rd quarter report; and to
request the Liaison to re-notify the Board of the schedule, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Councilman Tehassi Hill departs at 8:45 a.m.
Councilman Tehassi Hill returns at 8:52 a.m.
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6. Accept Oneida Personnel Commission FY ’17 3rd quarter report (00:34:00)
Chair:
Liaison:
Yvonne Jourdan
Lisa Summers, Tribal Secretary
Motion by David Jordan to accept the Oneida Personnel Commission FY ’17 3rd quarter report, seconded
by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Treasurer Trish King and Councilman David Jordan depart at 9:06 a.m.
Councilman David Jordan returns at 9:06 a.m.
Treasurer Trish King returns at 9:09 a.m.
7. Accept Oneida Police Commission FY ’17 3rd quarter report (00:56:45)
Vice-Chair: Sandra Reveles
Liaison:
Lisa Summers, Tribal Secretary
Motion by David Jordan to accept the Oneida Police Commission FY ’17 3rd quarter report, seconded by
Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
8. Accept Oneida Pow-wow Committee FY ’17 3rd quarter report (1:15:17)
Chair:
Liaison:
Tonya Webster
Fawn Billie, Councilwoman
Motion by David Jordan to accept the Oneida Pow-wow Committee FY ’17 3rd quarter report, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
9. Accept Southeastern Oneida Tribal Services Advisory Board FY ’17 3rd quarter report
Chair:
Liaison:
Kathryn LaRoque (1:13:00)
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to accept the Southeastern Oneida Tribal Services Advisory Board FY ’17 3rd
quarter report, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
10. Accept Oneida Nation Veterans Affairs Committee FY ’17 3rd quarter report (3:25:22)
Chair:
Liaison:
Mike Hill
Jennifer Webster, Councilwoman
Motion by Brandon Stevens to accept the Oneida Nation Veterans Affairs Committee FY ’17 3rd quarter
report, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
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A. ELECTED BOARDS, COMMITTEES, COMMISSIONS
1. Accept Oneida Nation Commission on Aging FY ’17 3rd quarter report (1:45:00)
Chair:
Liaison:
Pat Lassila
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to accept the Oneida Nation Commission on Aging FY ’17 3rd quarter report,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Treasurer Trish King departs at 10:51 a.m.
2. Accept Oneida Gaming Commission FY ’17 3rd quarter report (2:18:37)
Chair:
Liaison:
Mark A. Powless
Brandon Stevens, Councilman
Motion by Brandon Stevens to accept the Oneida Gaming Commission FY ’17 3rd quarter report,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Treasurer Trish King returns at 10:55 a.m.
3. Accept Oneida Election Board FY ’17 3rd quarter report (3:25:55)
Chair:
Liaison:
Racquel Hill
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to accept the Oneida Election Board FY ’17 3rd quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
4. Accept Oneida Land Claims Commission FY ’17 3rd quarter report (2:32:30)
Chair:
Liaison:
Loretta Metoxen
Brandon Stevens, Councilman
Motion by Tehassi Hill to defer the Oneida Land Claims Commission FY ’17 3rd quarter report, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
5. Accept Oneida Land Commission FY ’17 3rd quarter report (3:27:24)
Chair:
Liaison:
Rae Skenandore
Tehassi Hill, Councilman
Motion by Jennifer Webster to accept the Oneida Land Commission FY ’17 3rd quarter report, seconded
by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
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6. Accept Oneida Nation School Board FY ’17 3rd quarter report (2:33:03)
Chair:
Liaison:
Debra Danforth
Fawn Billie, Councilwoman
Motion by David Jordan to accept the Oneida Nation School Board FY ’17 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
B. STANDING COMMITTEES
1. Accept Community Development Planning Committee FY ’17 3rd quarter report
Chair:
Melinda J. Danforth, Tribal Vice-Chairwoman (Not Submitted) (3:29:12)
Motion by Tehassi Hill to defer the Community Development Planning Committee FY ’17 3rd quarter
report to the next quarterly report meeting, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
2. Accept Legislative Operating Committee FY ’17 3rd quarter report (3:30:17)
Chair:
Brandon Stevens, Councilman
Motion by Brandon Stevens to accept the Legislative Operating Committee FY ’17 3rd quarter report,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Councilman David Jordan departs at 9:38 a.m.
3. Accept Quality of Life Committee FY ’17 3rd quarter report (1:22:55)
Chair:
Fawn Billie, Councilwoman
Motion by Jennifer Webster to accept the Quality of Life Committee FY ’17 3rd quarter report, seconded
by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Councilman David Jordan returns at 9:50 a.m.
4. Accept Finance Committee FY ’17 3rd quarter report (1:33:10)
Chair:
Trish King, Tribal Treasurer
Motion by Brandon Stevens to accept the Finance Committee FY ’17 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Motion by Jennifer Webster to recess at 11:01 a.m. until 1:30 p.m., seconded by Trish King. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Lisa Summers
Oneida Business Committee FY ’17 3rd Quarter Reports Minutes - DRAFT of July 27, 2017
Page 5 of 7
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DRAFT
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:52 p.m.
Chairwoman Tina Danforth, Secretary Lisa Summers, Councilman David Jordan, and Councilman
Brandon Stevens not present.
Councilman Brandon Stevens arrives at 2:00 p.m.
C. CORPORATE BOARDS
1. Accept Oneida Airport Hotel Corporation FY ’17 3rd quarter report (2:51:50)
Agent:
Liaison:
Janice Hirth-Skenandore
Trish King, Tribal Treasurer
Motion by Tehassi Hill to accept the Oneida Airport Hotel Corporation FY ’17 3rd quarter report, seconded
by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
2. Accept Oneida Golf Enterprise FY ’17 3rd quarter report (3:22:15)
Agent:
Liaison:
Janice Hirth-Skenandore
Trish King, Tribal Treasurer
Motion by Jennifer Webster to accept the Oneida Golf Enterprise FY ’17 3rd quarter report, seconded by
Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
3. Accept Bay Bancorporation, Inc. FY ’17 3rd quarter report (2:57:22)
President: Jeff Bowman
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Tehassi Hill to accept the Bay Bancorporation, Inc. FY ’17 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
4. Accept Oneida ESC Group, LLC. FY ’17 3rd quarter report (2:41:11)
Chair:
Liaison:
Jackie Zalim
Tehassi Hill, Councilman
Motion by Tehassi Hill to accept the Oneida ESC Group, LLC. FY ’17 3rd quarter report, seconded by
Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, David Jordan, Lisa Summers
5. Determine appropriate action regarding Oneida Seven Generations Corporation FY ’17
3rd quarter report (3:23:40)
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Trish King to accept the Oneida Seven Generations Corporation FY ’17 3rd quarter, seconded
by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Oneida Business Committee FY ’17 3rd Quarter Reports Minutes - DRAFT of July 27, 2017
Page 6 of 7
Public Packet
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DRAFT
V. ADJOURN
Motion by Fawn Billie to adjourn at 2:49 p.m., seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented on
.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee FY ’17 3rd Quarter Reports Minutes - DRAFT of July 27, 2017
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Public Packet
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
8
/ 9
/ 17
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt Resolution: Administrative Rulemaking Law Amendments
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Memorandum
3. Legislative Analysis, Redline, & Draft
2. Statement of Effect
4. Fiscal Impact Statement
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, Council Member
Primary Requestor:
Jennifer Falck, Director, Legislative Reference Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Candice E. Skenandore, Legislative Analyst, Legislative Reference Office
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
See Attached
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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Public Packet
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Public Packet
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Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # __________
Administrative Rulemaking 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 Administrative Rulemaking law (“the Law”)
through resolution BC-02-24-16-C; and
WHEREAS,
the intent of the Law was to create a standardized process for how entities of the Nation
may promulgate rules in furtherance of the responsibilities delegated to them to interpret,
implement and/or enforce laws and policies of the Nation; and
WHEREAS,
the amendments to the Law clarify that a rule developed pursuant to this Law shall not
conflict or supersede a law, policy, rule, or resolution of the Nation; and
WHEREAS,
the amendments to the Law provide an exemption to the administrative rulemaking
process requirements, or grandfather clause, for those current and existing standard
operating procedures and policies the authorized agency wishes to continue using so
long as there are no substantive changes to the content of the standard operating
procedures and policies when delegated rulemaking authority and the Oneida Law Office
conducts a preliminary review of the materials for potential conflicts; and
WHEREAS,
the amendments to the Law provide a recommendation that authorized agencies provide
an additional special notice to affected parties when a proposed rule or amendments to a
rule modify eligibility requirements for the Nation’s programs; and
WHEREAS,
the amendments require additional public meetings to be held on a proposed rule if
substantial changes are made to the proposed rule after a public meeting, and also set a
time limitation for when an authorized agency shall submit a proposed rule for
certification to the Legislative Operating Committee after the public comment period has
expired; and
WHEREAS,
the amendments clarify what requirements the Legislative Operating Committee must
ensure are met before certification of the proposed rule, require the Oneida Business
Committee to adopt all proposed rules, and clarify that rule shall not become effective
until after adoption by the Oneida Business Committee; and
WHEREAS,
the amendments to the Law require an authorized agency to conduct a review of each
adopted rule every two (2) years after the rule is adopted; and
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WHEREAS,
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public meetings on the proposed law were held on June 26, 2017, and June 29, 2017, in
accordance with the Legislative Procedures Act, and the public comments were received,
reviewed and accepted by the Legislative Operating Committee on July 19, 2017.
NOW THEREFORE BE IT RESOLVED, that the amendments to the Administrative Rulemaking law are
hereby adopted and effective immediately.
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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
Administrative Rulemaking Law Amendments
Summary
This resolution adopts amendments to the Administrative Rulemaking law.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Administrative Rulemaking law which will:
Clarify that a rule developed pursuant to this law shall not conflict or supersede a law,
policy, or rule of the Nation or a resolution passed by the Oneida Business Committee or
Oneida General Tribal Council [see 106.4-1(b)];
Provide an exemption to the administrative rulemaking process requirements, or
grandfather clause, for those current and existing standard operating procedures and
policies the authorized agency wishes to continue using without any substantive changes
to the content of the standard operating procedures and policies when delegated
rulemaking authority, noting that the Oneida Law Office shall conduct a preliminary
review prior to becoming a rule [see 106.4-4];
Provide a recommendation that authorized agencies provide an additional special notice
to affected parties when a proposed rule or amendments to a rule modify eligibility
requirements for the Nation’s programs [see 106.6-2(a)(1)];
Require additional public meetings to occur if substantial changes are made to the
proposed rule after a public meeting [see 106.6-6];
Provide a time limitation for when an authorized agency shall submit a proposed rule for
certification to the Legislative Operating Committee after the public comment period has
expired [see 106.7-1(a)];
Clarify what requirements the Legislative Operating Committee must ensure are met
before certification of the proposed rule [see 106.7-2];
Provide that after certification by the Legislative Operating Committee, the proposed rule
must be adopted by the Oneida Business Committee, and clarify that the Oneida Business
Committee shall adopt the rule before it may become effective [see 106.8 and 106.9];
and
Require an authorized agency to conduct a review of each adopted rule every two (2)
years after the rule is adopted [see 106.12].
In accordance with the Legislative Procedures Act, public meetings on the proposed Law were held on
October 31, 2013, February 27, 2014, June 26, 2017, and June 29, 2017. The most recent public comment
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period closed on July 7, 2017. All comments received during the most recent public comment period were
reviewed and accepted by the Legislative Operating Committee on July 19, 2017. Any changes made
based on those comments have been incorporated into this draft.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis Draft for OBC Consideration
2017 08 09
Administrative Rulemaking Amendments
Legislative Analysis
SECTION 1. BACKGROUND
REQUESTER:
LRO
Intent of the
Amendments
Purpose
Affected Entities
Affected
Legislation
Enforcement/Due
Process
Public Meeting
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SPONSOR:
DRAFTER:
ANALYST:
Brandon Stevens
Clorissa N. Santiago
Maureen Perkins
Revise the law to clarify timelines and when a rule becomes effective, and to
make additional revisions to update the law.
The purpose of this law is to provide a process for the adoption and amendment of
administrative rules [see 106.1-1].
Legislative Operating Committee (LOC) and Legislative Reference Office (LRO)
are given duties under this law; rules become effective upon Oneida Business
Committee (OBC) adoption, all of the Nation’s boards, committees, commissions,
departments and officials with “Rulemaking Authority” are affected when
developing/amending rules.
The Legislative Procedures Act (LPA) identifies a similar process for the
promulgation and adoption of the Nation’s laws.
Judicial review of rules authorizes the Judiciary to issue declaratory judgments to
determine the validity of a Rule in the same way it does for laws, as provided in
801.5-2(e) of the Judiciary Law.
Rules can be challenged if they are not promulgated in accordance with this law.
A public meeting has not been held.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. The current amendments to the Administrative Rulemaking law include the following:
Additional definitions [see 106.3-1]:
o Program was added to the definition of entity [see (d)].
o Nation [see (e)].
o Officer [see (f)].
o Oneida Register was updated [see (g)].
o Statement of effect [see (k)].
An exemption section was added regarding the current SOPs, policies or plans of authorized
agencies that are granted rule making authority. These agencies are not required to submit these
current SOPs, policies or plans through the rulemaking process if there are no changes and if a
preliminary review reveals no conflict between the SOP, policy or plan with any law, policy, rule
or resolution of the Nation [see 106.4-4].
Additional detail was included to ensure that rules do not conflict or supersede a law of the
Nation or a resolution passed by the OBC or the GTC [see 106.4-1(b)] and [see 106.5-2(b)] and
[see 106.7-2(c)].
New detail was added regarding the recommendation, but not a requirement, that additional
public outreach of the public meeting held by the authorized agency, at the agency’s discretion,
to reach individuals whose exiting eligibility in a program or matter governed by a proposed rule
is substantially affected by the proposed rule [see 106.6-2(a)(1)].
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Analysis Draft for OBC Consideration
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A time limitation of not less than five (5) minutes for oral comments at public meetings was
added and shall be enforced at the discretion of the presiding representative [see 106.6-2(e)].
The authorized agency may extend the public comment period by posting an amended public
meeting notice before the close of the original comment period [see 106.6-3].
The Oneida Business Committee process for denial of a proposed rule has changed. The OBC
may now adopt a proposed rule or send it back to the authorized agency for requested revisions
[see 106.8].
A time limit of six (6) months was added for the submission of the rule certification by the LOC
after the public meeting period has expired unless there is good cause to go outside this
established time limit [see 106.7-1(a)].
Clarification was added that a rule becomes effective upon OBC adoption [see 106.8-2].
The effective date of a rule has changed from the LOC written certification of a proposed rule to
the OBC adoption of the proposed rule [see 106.9].
The authorized agency shall create the administrative record and the LRO shall maintain the
record [see 106.11-2].
The public meeting sign in sheet was added to administrative record [see 106.11-1(e)].
A review process has been implemented for authorized agencies to review each adopted rule at
least once every two years to ensure the rule is still effective and continues to serve the intended
purpose. The OBC may not compel the authorized agency to amend a rule [see 106.12].
B. There were not any alternatives considered that were not legislative.
C. The benefits expected from the proposed amendments include a process that allows the OBC to work
with the authorized agency to draft rules that reflect the OBC’s direction and the clarification of
timelines and the process for authorized agencies.
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SECTION 3. CONSULTATION
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
A. The Oneida Law Office was consulted regarding the proposed amendments to this law. The proposed
amendments clarify and simplify the process contained in the law. Proposed amendments reflect the
LOC’s and the LRO’s experience with the law.
B. No other tribal laws have been researched or other organizations been consulted because the proposed
amendments merely clarify the process.
A. The correct legislative process has been followed.
B. The Administrative Rulemaking amendments were added to the Active Files List on 3/15/17 as a high
priority with Brandon Stevens as the sponsor. A public meeting was held July 20, 2017. The LOC
met on July 19, 2017 to consider the public comments received and directed changes are included in
the current draft.
A. This law establishes the process and requirements for adopting rules in relation to the Nation’s laws.
Authorized agencies are granted authority through a law to develop rules in relation to a specified
aspect of the law. The law contains detail related to the process of developing rules.
B. The proposed amendments clarify and simplify the rulemaking process.
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Analysis Draft for OBC Consideration
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SECTION 6. INTENT
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SECTION 7. EFFECT ON EXISTING LEGISLATION
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SECTION 8. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR
OBLIGATIONS
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The purpose of the law is clearly stated to provide a process for the adoption and amendment of
administrative rules.
It is clear that the legislation applies to agencies authorized by law to develop administrative rules, the
OBC, the LOC, and the LRO.
A. No other laws are impacted or conflict with the amendments to this legislation.
A. No existing rights, benefits or privileges are impacted by these amendments.
B. Due process is addressed by Judicial review of a rule and also the standard of review for actions taken
by authorized agencies sections of the law [see 106.13 and 106.14].
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SECTION 9. ENFORCEMENT
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SECTION 10. ACCOUNTABILITY
A. Rules promulgated by authorized agencies under this law have the same force and effect as law;
therefore the rules are enforced according to how the rules are drafted by the authorized agency.
B. The law is currently in place; the amendments do not affect any human resources to implement the
changes.
A. The agency authorized to develop the rule will be accountable for the implementation and operation
of the rule.
B. There are no required reports; however the agency is responsible for reviewing all rules every two
years to ensure the rule still serves the intended purpose and if any amendments are necessary [see
106.12].
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Title 1. Government and Finances – Chapter 106
ADMINISTRATIVE RULEMAKING
Thotih<=t& lutyanl<slu=n$he>
they are the leaders, they are making the laws, policies and rules
106.1. Purpose and Policy
106.2.
Adoption, Amendment, Repeal
106.3.
Definitions
106.4.
General
106.5.
Preparation of Proposed Rules
106.6.
Public Comment Period on Proposed Rules
106.7. Oneida... Legislative Operating Committee Certification of
Procedural Compliance and Business Committee Review
106.8.
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106.8.9.
106.9.10.
Effective Date of Rules
Emergency Rules
106.11. Creating and Maintaining an Administrative Record
106.12. Review by the Authorized Agency
106.11.13. Judicial Review of a Rule
106.14.
Standard of Review for Actions Taken by Authorized
Agency
Oneida Business Committee Adoption
106.1. Purpose and Policy
106.1-1. Purpose. The purpose of this Lawlaw is to provide a process for the adoption and
amendment of administrative Rulesrules.
106.1-2. Policy. It is the policy of the TribeNation to ensure:
(a) There there is an efficient, effective and democratic process for enacting and revising
administrative Rules.
(b) That Authorized Agenciesrules, and that authorized agencies act in a responsible and
consistent manner when enacting and revising the administrative Rulesrules.
106.2. Adoption, Amendment, Repeal
106.2-1. This Lawlaw was adopted by the Oneida Business Committee by resolution BC-02-2416-C. and amended by BC______.
106.2-2. This Lawlaw may be amended or repealed by the Oneida Business Committee and/or
the Oneida General Tribal Council pursuant to the procedures set out in the Legislative
Procedures Act.
106.2-3. Should a provision of this Lawlaw or the application thereof to any person or
circumstances be held as invalid, such invalidity doesshall not affect other provisions of this
Lawlaw which are considered to have legal force without the invalid portions.
106.2-4. In the event of a conflict between a provision of this Lawlaw and a provision of another
law, the provisions of this Lawlaw shall control.
106.2-5. This Lawlaw is adopted under authority of the Constitution of the Oneida Tribe of
Indians of WisconsinNation.
106.3. Definitions
106.3-1. This Section governssection shall govern the definitions of words and phrases used
within this Lawlaw. All words not defined herein are toshall be used in their ordinary and
everyday usesense.
(a) “Authorized Agencyagency” means any board, committee, commission, department,
program or officer of the TribeNation that has been granted Rulemaking
Authorityrulemaking authority.
(b) “Business Dayday” means Monday through Friday from 8:00 a.m. to 4:30 p.m.,
excluding holidays recognized by the TribeNation.
(c) “Financial Analysisanalysis” means an estimate of the total fiscal year financial
effects associated with a proposed Rulerule prepared by the Authorized
1 O.C. 106 – Page 1
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Agencyauthorized agency proposing the Rulerule. It includes startup costs, personnel,
office, documentation costs, and an estimate of the amount of time necessary for an
individual or agency to comply with the Rulerule after implementation.
(d) “Entity” means a board, committee or commission created by the Oneida General
Tribal Council or the Oneida Business Committee whose members are appointed by the
Oneida Business Committee or elected by the majority of the Tribe’sNation’s eligible
voters, and also any department or program of the TribeNation.
(e) “Nation” means the Oneida Nation.
(f) “Officer” means an individual holding the position of chairperson, vice chairperson,
secretary or treasurer on a board, committee or commission of the Nation, including the
Oneida Business Committee.
(g) “Oneida Register” means the free legal periodical published on the Tribe’s website
by the Legislative Operating Committee which containsCommittee’s publication on the
Nation’s website containing, at a minimum, agency Rulesrules, proposed legislation and
notices, and either the Oneida Code of Laws or directions to obtain free access to the
Oneida Code of Laws..
(fh) “Rule” means a set of requirements enacted by an Authorized Agencyauthorized
agency in order to implement, interpret and/or enforce a law of the TribeNation, which
includesmay include citation fee and penalty schedules.
(gi) “Rulemaking Authorityauthority” means the delegation of authority to Authorized
Agenciesauthorized agencies found in the Tribe’sNation’s laws, other than this Lawlaw,
which allows Authorized Agenciesauthorized agencies to implement, interpret and/or
enforce a law of the TribeNation.
(h) “Statement of Effect” means a legislative and legal analysis which explains the
effects that adopting a Rule would have on the Tribe.
(i) “Tribe” means the Oneida Tribe of Indians of Wisconsin.
106.4. General
“Standard106.4-1. Administrative Rulemaking. Only Authorized Agencies may promulgate
Rules; this Law does not confer Rulemaking Authority. Authorized Agencies shall adhere to the
Rulemaking procedures as provided in this Law. Authorized Agencies may promulgate Rules
interpreting the provisions of any law enforced or administered by it; provided that, a Rule may
not exceed the Rulemaking Authority granted under the law for which the Rule is being
promulgated.
(j) (a) This Law does not apply to standard operating procedures, which for the
purposes of this section are” means statements, interpretations, decisions, internal rules,
regulations, internal policies, procedures or other matters concerning internal
management of an agency, which do not affect the private rights or interests of
individuals outside of the agency.
(k) “Statement of effect” means an analysis of the proposed rule which explains potential
conflicts and effects that adopting a rule would have on the Nation’s current legislation.
1 O.C. 106 – Page 2
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106.4. General
106.4-1. Administrative Rulemaking. (bOnly authorized agencies may promulgate rules.
Authorized agencies shall be granted rulemaking authority by a law of the Nation, provided that,
this law does not confer rulemaking authority. Authorized agencies may promulgate rules
interpreting the provisions of any law enforced or administered by it; provided that, a rule may
not exceed the rulemaking authority granted under the law for which the rule is being
promulgated. Authorized agencies shall adhere to the rulemaking procedures as provided in this
law.
(a) Rules developed pursuant to this Lawlaw have the same force and effect as the law
which delegated the Authorized Agency Rulemaking Authority and mustauthorized
agency rulemaking authority and shall be followed by both the general public and the
Authorized Agencyauthorized agency promulgating the Rulerule.
(b) A rule developed pursuant to this law shall not conflict or supersede a law, policy or
rule of the Nation or a resolution passed by the Oneida Business Committee or the
Oneida General Tribal Council.
(c) This law does not apply to the Nation’s standard operating procedures.
106.4-2. Authorized Agency Solicitation of Comment on General Subject Matter. For the
purpose of soliciting public comment, an Authorized Agencycomments, ideas and opinions, an
authorized agency may hold a public meeting on the general subject matter of a possible or
anticipated Rulerule before preparing a proposed Rule. However, arule. A public meeting under
this subsection does not satisfy the public comment period requirements of Sectionsection 106.6
hereof with respect to promulgation of a specific proposed Rulerule.
106.4-3. Substantial Compliance. Any Rulerule hereafter adopted is valid only if adopted in
substantial compliance with this Law, howeverlaw. Rules already in effect at the time of this
Law’slaw’s adoption remain in effect unless directed to be updated based on this Law’slaw’s
requirements by the Oneida Business Committee. Any amendments made to Rulesrules already
in effect mustshall follow the requirements of this Lawlaw.
106.4-4. Exemption to Administrative Rulemaking Requirements. When an authorized agency is
delegated rulemaking authority through a new law or an amendment to an existing law, any
standard operating procedures, policies, or plans the authorized agency is currently using and
wishes to continue using as a rule shall be presented to the Legislative Operating Committee for
acknowledgement and publication as a rule on the Oneida Register as long as the following
conditions are met:
(a) The standard operating procedure, policy or plan shall have no substantive change to
its content; and
(b) A preliminary review by the Oneida Law Office shall reveal no conflict between the
standard operating procedure, policy or plan and any law, policy, rule, or resolution of the
Nation.
(c) The existing standard operating procedure, policy, or plan shall be formatted into the
administrative rulemaking template approved by the Legislative Operating Committee.
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106.5. Preparation of Proposed Rules
106.5-1. Form and Style. The Legislative Operating Committee shall create a template for
Rulesrules with which Authorized Agenciesauthorized agencies shall comply; the said template
is not subject to the procedural requirements of this Lawlaw.
(a) At a minimum, all Rules mustrules shall be numbered in the following consistent
manner “1-1(a)(1)(A)(i)” where:
(1) “1-1” means the first section.
(2) “(a)” means the first subsection.
(3) “(1)” means the second subsection.
(4) “(A)” means the third subsection.
(5) “(i)” means the fourth subsection.
(6) All other numbering after the fourth subsection mustshall be in
a logical manner.
106.5-2. Summary Report. The Authorized Agencyauthorized agency shall prepare a summary
report regarding each proposed Rule, which must rule. The summary report shall be attached to
the proposed Rulerule when presented for public comment, and included in the administrative
record for approval throughcertification by the Oneida Legislative Operating Committee and
ultimately for adoption by the Oneida Business Committee. The summary report mustshall
include the following:
(a) the name of the proposed Rulerule;
(b) a reference to the law that the proposed Rulerule interprets, along with a list of any
other related laws or, rules, or resolutions that may be affected by the proposed Rulerule;
(c) a brief summary of the proposed Rule andrule;
(d) any changes made to the proposed Rulerule based on the public comment period
required by Sectionsection 106.6 hereof, if applicable;
(de) a Statementstatement of Effecteffect for the Rule whichrule prepared by the
Legislative Reference Office shall prepare upon request by the Authorized
Agencyauthorized agency; and
(ef) the Financial Analysis, for whichfinancial analysis.
(1) The authorized agency shall prepare the Authorized Agencyfinancial analysis.
The authorized agency shall send a written request to each Entityentity that may
be affected by the proposed Rulerule soliciting information on how the proposed
Rulerule would financially affect the Entity; each Entity’sentity. Each entity’s
response indicating its financial affects mustshall be included in the Financial
Analysisfinancial analysis.
(12) If an Authorized Agencyauthorized agency does not receive a response from
one (1) or more Entitiesentities regarding its request for the Entities’ financial
effects of the Rulerule on the entity within ten (10) business days of the date of
the request, itthe authorized agency may submit a Financial Analysisfinancial
analysis noting which Entitiesentities were non-responsive to its request.
106.6. Public Comment Period on Proposed Rules
106.6-1. Required Public Comment Period. A proposed Rule, except a Rule promulgated under
the emergency Rules exemptions under Section 106.9, mustrule shall be preceded by a public
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comment period, which mustshall include a public meeting.
(a) A rule promulgated under the emergency rules exemptions described in section
106.10 shall not be required to have a public comment period or public meeting.
(b) Nothing in this Sectionsection prohibits or restricts the holding of any other type of
community meeting which may be used to gather input on Rulesrules.
106.6-2. Public Meetings. When aA public meeting on a proposed Rule is scheduled by an
Authorized Agency, it must rule shall be held in accordance with the following requirements.
(a) Notice. The Authorized Agencyauthorized agency shall set a date for the public
meeting and have thea public meeting notice published in the Kalihwisaks and on the
Oneida Register not less than ten (10) business days prior to the meeting.
(b) The notice must include:
(1) (1) Special Notice. It is recommended, but not required, that authorized
agencies provide an additional special notice to affected parties when a proposed
rule or amendments to a rule modify eligibility requirements for the Nation’s
programs. The extent and form of any such notice is within the authorized
agency’s discretion to determine.
(b) Requirements for Public Meeting Notice. The public meeting notice shall include:
(1) the date, time, and location of the scheduled public meeting;
(2) information for electronically accessing the proposed rule and summary
report required under Section 106.5-2 and and a statement that hard copies of the
materials will be available with the Entity;
(2) the date, time, and place of the scheduled public meeting; authorized agency;
and
(3) the name, address, phone number, and other appropriate information to
submit written comments on the Rulerule and the time period during which the
Authorized Agencyauthorized agency shall accept written comments.
(c) The Authorized Agencyauthorized agency shall hold a public meeting at the date,
time and place designated in the meeting notice.
(d) Presiding Representative. The Authorized Agencyauthorized agency holding the
public meeting shall have a representative to preside at the meeting who shall briefly
describe the Rulerule which is the subject of the public meeting and the nature of the
Rule’srule’s requirements, and then open the meeting for comments.
(1) The Authorized Agency’sauthorized agency’s presiding representative is not
required to comment or respond to comments at the meeting, but may, at his/ or
her discretion, offer clarity..
(e) Time Limitation. The authorized agency’s presiding representative may impose a
time limit for all oral testimony. Any time limit imposed shall not be less than five (5)
minutes and shall be applied to all persons equally.
(f) Registration. The Authorized Agencyauthorized agency shall create and bring to the
public meeting a sign-in sheet; persons. Persons attending the public meeting shall
register at the meeting by signing the sign-in sheet.
(fg) The Authorized Agencyauthorized agency shall audio record the public meeting and
persons who provide oral comments shall state their name for the record.
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(gh) The Authorized Agencyauthorized agency shall hold the record open for the
submission of written comments for a minimum of five (5) business days following the
public meeting, provided that, the Authorized Agency may extend the comment period as
it deems appropriate by posting an amended Notice of Public Meeting based on the notice
requirements found in Section 106.6-2(b) at any time prior to the close of the original
public comment period which identifies the extended comment period ending date.
106.6-3. Public Comments. The Authorized Agency106.6-3. Extension of Public Comment
Period. The authorized agency may extend the public comment period as it deems appropriate
by posting an amended public meeting notice. The amended public meeting notice shall follow
the posting requirements found in section 106.6-2(b). The amended public meeting notice shall
identify the extended public comment period ending date and may be posted at any time prior to
the close of the original public comment period.
106.6-4. Consideration of Public Comments. The authorized agency shall fully consider all
comments received during the public comment period and during any public meeting held
regarding a proposed Rule.rule.
106.6-5. Public Comment Memorandum. Once all public comments are received and the public
comment period closes, the authorized agency shall draft a memorandum containing all public
comments received and the authorized agency’s response to each comment.
106.6-6. Substantial Changes to Proposed Rule. The authorized agency shall hold an additional
public meeting for the proposed rule if substantial changes are made to the proposed rule after
the public comment period ends and all public comments are considered.
106.7. Oneida Legislative Operating Committee Certification of Procedural Compliance
and Business Committee Review
106.7-1. Submission of Rule Certification Materials. After a public meeting is held and the
public comment period has expired, the Authorized Agency and the authorized agency has
considered all public comments received, the authorized agency shall submit the proposed
Rulerule and theall items it must contribute forcontained in the administrative record pursuant to
Sectiondescribed in section 106.1011 to the Legislative Operating Committee, which is .
(a) The authorized agency shall submit the rule for certification by the Legislative
Operating Committee within six (6) months after the public comment period has expired,
unless the Legislative Operating Committee determines there is good cause to go outside
the time limits.
106.7-2. Requirements for Certification. The Legislative Operating Committee is responsible
for certifying the proposed rule meets the following requirements:
(a) that promulgation of the Rulerule complies with the procedural requirements
contained in this Law. law;
(b) that the administrative record is complete; and
(c) that the rule does not exceed its rulemaking authority or conflict with any other law,
policy, rule or resolution of the Nation.
106.7-2. 3. Rule Certification. Upon receipt of a complete rule certification submission, as
required by this Section, the Legislative Operating Committee shall take one (1) of the following
actions:
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(a) Certify the Rule. If the Legislative Operating Committee is able to certify that the
Authorized Agencydetermines the authorized agency has complied herewith, it with the
requirements for certification stated in section 106.7-2, the Legislative Operating
Committee shall certify the proposed rule.
(1) Upon certification of the rule the Legislative Operating Committee shall
forward items (b) and (c) of the Administrative Record under Section 106.10
received the administrative record to the Oneida Business Committee.
(b) Deny Certification of the Rule. If the Legislative Operating Committee determines
that the authorized agency has not complied with the certification requirements stated in
section 106.7-2 the Legislative Operating Committee shall not certify the proposed rule.
(1) Upon the denial of certification of the rule the Legislative Operating
Committee shall return the proposed rule to the authorized agency with specific
feedback as to which requirements were not fulfilled.
(2) The authorized agency may resubmit the proposed rule for certification by the
Legislative Operating Committee to theonce all requirements for certification
have been met.
106.8. Oneida Business Committee with a written certification that the requirements of this
Law have been fulfilled, and shall publish the Rule on the Oneida Register; orAdoption
(b) If the Legislative Operating Committee is not able to certify that the Authorized
Agency has complied herewith, it shall return the proposed Rule to the Authorized
Agency with specific feedback as to which procedural requirements were not fulfilled by
the Authorized Agency.
106.7-3. 106.8-1. Oneida Business Committee Consideration. The Oneida Business Committee
shall review the proposed Rule, the summary report, the memorandum containing the public
comments that were received, both orally and written, and the Authorized Agency’s response to
each commentconsider the proposed rule, the administrative record, and the Legislative
Operating Committee’s certification of compliance. If
106.8-2. Oneida Business Committee Adoption. After review of all materials submitted and
consideration of the proposed rule, the Oneida Business Committee may take one of the
following actions:
(a) Adopt the Proposed Rule. The Oneida Business Committee may adopt, by motion,
the proposed rule. A majority vote is required for the adoption of a rule by the Oneida
Business Committee.
(1) The Legislative Operating Committee shall be responsible for publishing the
rule on the Oneida Register upon reviewadoption by the Oneida Business
Committee.
(b) Deny Adoption of the Proposed Rule. The Oneida Business Committee may deny
adoption of the proposed rule if the Oneida Business Committee has any concerns and/or
requested revisions to the Rule, the Authorized Agency shallrule. The Oneida Business
Committee may request that the authorized agency work with the Oneida Business
Committee to address any concerns.
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(a) Unless the Oneida Business Committee repeals the Rule, the Rule will remain in
effect while the Authorized Agency and the Oneida Business Committee jointly work to
amend the existing Rule.
(1) Should the Oneida Business Committee repeal the Rule adopted by the
Authorized Agency, the Rule that was in effect immediately previous to those
repealed, if any, will be automatically reinstated and effective immediately upon
the repeal of the Rule adopted by the Authorized Agency.
(b) If the Authorized Agency does not receive written notice from the Oneida Business
Committee of intent to repeal or amend the Rule within thirty (30) days of the date the
Oneida Business Committee is provided notice of the Rule, the Rule will remain in effect
as submitted and certified by the Legislative Operating Committee.
(c) Should the Oneida Business Committee pursue amendments to the Rule, the
amendments must be completed through one (1) of the following actions within six (6)
months from the date the amendments are initiated by the Oneida Business Committee:
(1) if the Authorized Agency and the Oneida Business Committee reach an
agreement as to the content of the amendments, the Authorized Agency shall
adopt the revised Rule that has been discussed with and agreed upon by the
Oneida Business Committee. Provided that, if substantial revisions are requested
by the Oneida Business Committee, where the consideration of a substantial
revision is in the Authorized Agency’s best informed discretion, the Authorized
Agency shall hold an additional public comment period, which would restart the
process beginning in Section 106.6 hereof ; or
(2) if the Authorized Agency and the Oneida Business Committee do not reach
an agreement as to the content of the amendments, the Oneida Business
Committee may defer the Rule to the Legislative Operating Committee for
revisions as directed by the Oneida Business Committee. If substantial revisions
are requested by the Oneida Business Committee, where the consideration of a
substantial revision is in the Legislative Operating Committee’s best informed
discretion, the Legislative Operating Committee shall hold an additional public
comment period according to the requirements contained in Section 106.6 with
the Legislative Operating Committee taking the place of the Authorized Agency.
When the Rule is ready for adoption, the Legislative Operating Committee shall
forward it to the Oneida Business Committee for consideration.
(d) If a revised Rule is not adopted by either the Authorized Agency or the Oneida
Business Committee within six (6) months from the date the amendments are initiated by
the Oneida Business Committee, the Rule originally adopted by the Authorized Agency
will remain in effect.
(e) If revisions are made to the Rule by either the Authorized Agency or the Oneida
Business Committee, such party making the revisions shall provide a final version of the
Rule to the Legislative Operating Committee. Upon receipt, the Legislative Operating
Committee shall update the Oneida Register with the final version of the Rule.
106.9.
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106.8. Effective Date of Rules
106.89-1. The Authorized Agencyauthorized agency shall determine a Rule’srule’s effective
date, provided that a Rulerule may not become effective until the Legislative OperatingOneida
Business Committee has providedadopts the Authorized Agency with the written certification
required by Section proposed rule.
106.79-2(a).. A failure to publish an approved Rule rule on the Oneida Register by its effective
date does not change the effective date of the Rulerule.
106.10.
106.9. Emergency Rules
106.910-1. Emergency Promulgation of a Rule. An Authorized Agencyauthorized agency may
present the Oneida Legislative Operating Committee with a proposed emergency Rule without a
public comment period being held if it finds there is anrule if the following conditions are met:
(a) An emergency situation exists that requires the enactment or amendment of a
Rulerule for the immediate preservation of the public health, safety, or general welfare of
the Reservation population; and the
(b) The enactment or amendment is required sooner than would be possible under the
normal rulemaking procedures.
106.10-2. Rulemaking process. The Authorized AgencySubmission of an Emergency Rule. The
authorized agency shall submit the following to the Legislative Operating Committee for
emergency rule submission:
(a) the proposed emergency Rule with reasoning to justifyrule;
(b) justification for the emergency promulgation of the rule; and a
(c) the summary report, provided that.
(1) For the financial analysis contained in the summary report, the deadline for
Entities’entities’ submission of financial impacts pursuant to Sectionsection
106.5-2(e)(1f) may be reduced to a minimum of two (2) business days.
106.10-3. Legislative Operating Committee Review. Upon receipt of the emergency rule, the
Legislative Operating Committee shall review the submission and take one (1) of the following
actions:
(a) reject the proposed emergency Rulerule on the basis that there is not a valid
emergency; or
(b) accept that there is a valid basis for an emergency and forward the emergency
Rulerule to the Oneida Business Committee.
106.9-2. 10-4. Oneida Business Committee Adoption. If the proposed emergency Rulerule is
forwarded to the Oneida Business Committee, the Oneida Business Committee shall review the
proposed emergency Rulerule, the summary report and the reasoning suggested for the
emergency situation and take one (1) of the following actions:
(a) reject the proposed emergency Rulerule on the basis that there is not a valid
emergency; or
(b) accept that there is a valid basis for an emergency and adopt, by motion, the
emergency Rulerule, provided that, if the Oneida Business Committee deems it
necessary, it may make revisions to the emergency Rulerule.
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(1) If the Oneida Business Committee makes revisions to the emergency Rulerule
that the Authorized Agencyauthorized agency does not support, such concerns
may be addressed when the Authorized Agencyauthorized agency begins the
process for enactment of the permanent Rulerule.
106.9-310-5. An emergency Rulerule becomes effective immediately upon its adoption by the
Oneida Business Committee and remains in effect for a period of up to six (6) months, with.
106.10-6. Emergency Rule Extension. There is an opportunity for a one-time emergency
extension of an emergency rule for up to six (6) months. Requests for the one-time emergency
extension may be brought by the Authorized Agencyauthorized agency directly to the Oneida
Business Committee for consideration and shall become effective upon the Oneida Business
Committee’s approval and adoption by motion. An emergency Rule will:
(a) 106.10-7. Expiration of an Emergency Rule. An emergency rule will expire when:
(a) six (6) months have passed since the emergency Rulerule went into effect and an
emergency Rulerule extension has not been approved; or
(b) expire when six (6) months have passed since the emergency Rulerule extension
went into effect; or
(c) no longer be in effect when a Rulerule is permanently adopted in the emergency
Rule’srule’s place before the emergency Rulerule expires under (a) or (b).
106.9-4. As soon as possible after emergency adoption, and if10-8. Permanent Adoption of
Emergency Rule. If permanent adoption of the emergency rule is desired, the Authorized
Agencyauthorized agency shall follow the regularnormal rulemaking procedures as provided
under this Lawlaw to adopt the permanent Rule. rule. The authorized agency may start the
permanent adoption process immediately after the emergency rule is adopted.
106.10-9-5. The Legislative Operating Committee shall publish the emergency Rulerule on the
Oneida Register.
106.10. Creating and Maintaining an
106.11. Administrative Record of Rules
106.1011-1. Creation of an Administrative Record. The Legislative Reference Office, with
information the Authorized Agencies shall provide,authorized agency shall create and maintain a
completean administrative record of all proposed and adopted Rules, which must rules. The
administrative record shall include the following:
(a) A memorandum provided by the Authorized Agencyauthorized agency containing the
Rule’srule’s procedural timeline including the dates the requirements of this Lawlaw
were fulfilled by the Authorized Agency and any supporting documentation, which
includes, but is not limited to:;
(1) Draftsb) The summary report required under section 106.5-2;
(c) Draft of the Ruleproposed rule, and a draft of the rule considered for the required
Public Meetingpublic meeting;
(2d) The Public Meetingpublic meeting notice;
(3) (e) The public meeting sign-in sheet;
(f) If the Rulerule is being amended, redline drafts from the currently effective Rulerule
illustrating the proposed amendments;
(4g) Minutes from the authorized agency’s meeting during which the proposed Rulerule
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was considered as an agenda item, or, if the Authorized Agencyauthorized agency is not a
board, committee or commission, a memo from the Entity’sauthorized agency’s highest
level of management approving the proposed Rules; andrule;
(5) Any other supporting information that may be requested by the Legislative
Reference Office;
(b) The summary report required under Section 106.5-2 provided by the Authorized
Agency;
(c(h) A memorandum provided by the Authorized Agencyauthorized agency containing
the public comments that were received, both orally and written, and the Authorized
Agency’sauthorized agency’s response to each comment; and
(di) The effective dates of the original Rulesrule and any Rulerule amendments
subsequently made as established by the Authorized Agency.authorized agency; and
(j) Any other supporting information that may be requested by the Legislative Reference
Office.
106.11-2. Maintenance of the Administrative Record. The authorized agency shall provide the
Legislative Reference Office a complete administrative record for each proposed and adopted
rule. The Legislative Reference Office shall maintain a complete administrative record for all
proposed and adopted rules.
106.11-3. 106.10-2. Prior to publishing approved Rulesrules on the Oneida Register under
either Section 106.7-3(f) or 106.9-5, the Legislative Operating Committee shall create and/or
update the administrative history on each Rulerule which mustshall include the original effective
date of the Rulerule and the effective date of any amendments made to the Rulerule.
106.12. Review by the Authorized Agency
106.12-1. Biennial Review. The authorized agency shall conduct a review of each adopted rule
promulgated by the authorized agency at least once every two years after the rule is adopted by
the Oneida Business Committee.
106.12-2. Consideration during Review. During the review the authorized agency may
consider, but is not limited to the consideration of, whether the rule continues to serve its
intended purpose and if any amendments to the rule are necessary.
106.12-3. The authorized agency shall have the authority to decide if amendments to a rule are
necessary to pursue. The Oneida Business Committee shall not compel an authorized agency to
amend a rule.
106.13.
106.11. Judicial Review of a Rule
106.1113-1. The JudiciaryOneida Nation Trial Court may render a declaratory judgment to
determine the validity of a Rulerule in the same manner that the Judiciary may do so for a
Lawlaw; as identified in section 150.5-2(e) of the Nation’s Judiciary Law. Provided that, no
Rulelaw. No rule may be contested based on non-compliance with the procedural requirements
of this Lawlaw after one (1) year has elapsed from the effective date of the Rulerule.
106.1113-2. Upon the Authorized Agency’sauthorized agency’s receipt of notice that an appeal
has been filed regarding a Rulerule of the said agency, the Authorized Agencyauthorized agency
that promulgated the Rulerule shall request the Administrative Recordadministrative record of
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the Rulerule created under Sectionsection 106.1011 from the Legislative Reference Office and
shall submit the saidadministrative record to the Oneida JudiciaryNation Trial Court.
106.14.
106.12. Standard of Review for Actions Taken by Authorized Agencies
106.1214-1. Any Tribal bodyentity of the Nation hearing an appeal or contest of an action taken
pursuant to Rulesrules created under Authorized Agenciesthe authority delegated authority to an
authorized agencies and the requirements of this Lawlaw, upon consideration of the Rulerule and
the circumstances regarding the action taken may take any one (1) of the following actions:
(a) Uphold the action taken;
(b) Reverse or modify the action taken; or
(c) If at the second level of appeal, remand the matter for further consideration.
106.1214-2. When hearing an appeal or contest of an action as described in this Section, the
Tribal hearing body shall recognize that the Authorized Agencyauthorized agency is accepted by
the TribeNation as the subject matter expert in the given field and shall provide the Authorized
Agencyauthorized agency with deference by upholding the action unless it finds that the action:
(a) Amounts to a violation of the Tribe’sNation’s Constitution;
(b) Was in excess of the Authorized Agency’s Rulemaking Authorityauthorized agency’s
rulemaking authority or is otherwise unlawful;
(c) Was clearly erroneous in view of the entire administrative and factual records; or
(d) Was arbitrary or capricious; or
(e) Exhibited a procedural irregularity which would be considered a harmful error that
may have contributed to the final decision and if said irregularity were not present, the
decision would have been different.
End.
Adopted – BC-02-24-16-C
Amended – BC-
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Title 1. Government and Finances – Chapter 106
ADMINISTRATIVE RULEMAKING
Thotih<=t& lutyanl<slu=n$he>
they are the leaders, they are making the laws, policies and rules
106.1.
106.2.
106.3.
106.4.
106.5.
106.6.
106.7.
106.8.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General
Preparation of Proposed Rules
Public Comment Period on Proposed Rules
Legislative Operating Committee Certification
Oneida Business Committee Adoption
106.9.
106.10.
106.11.
106.12.
106.13.
106.14.
Effective Date of Rules
Emergency Rules
Creating and Maintaining an Administrative Record
Review by the Authorized Agency
Judicial Review of a Rule
Standard of Review for Actions Taken by Authorized
Agency
106.1. Purpose and Policy
106.1-1. Purpose. The purpose of this law is to provide a process for the adoption and
amendment of administrative rules.
106.1-2. Policy. It is the policy of the Nation to ensure there is an efficient, effective and
democratic process for enacting and revising administrative rules, and that authorized agencies
act in a responsible and consistent manner when enacting and revising administrative rules.
106.2. Adoption, Amendment, Repeal
106.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-24-16-C
and amended by BC______.
106.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
106.2-3. 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.
106.2-4. 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.
106.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
106.3. Definitions
106.3-1. 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.
(a) “Authorized agency” means any board, committee, commission, department,
program or officer of the Nation that has been granted rulemaking authority.
(b) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m.,
excluding holidays recognized by the Nation.
(c) “Financial analysis” means an estimate of the total fiscal year financial effects
associated with a proposed rule prepared by the authorized agency proposing the rule. It
includes startup costs, personnel, office, documentation costs, and an estimate of the
amount of time necessary for an individual or agency to comply with the rule after
implementation.
(d) “Entity” means a board, committee or commission created by the Oneida General
Tribal Council or the Oneida Business Committee whose members are appointed by the
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Oneida Business Committee or elected by the majority of the Nation’s eligible voters,
and also any department or program of the Nation.
(e) “Nation” means the Oneida Nation.
(f) “Officer” means an individual holding the position of chairperson, vice chairperson,
secretary or treasurer on a board, committee or commission of the Nation, including the
Oneida Business Committee.
(g) “Oneida Register” means the Legislative Operating Committee’s publication on the
Nation’s website containing, at a minimum, agency rules, proposed legislation and
notices, and the Oneida Code of Laws.
(h) “Rule” means a set of requirements enacted by an authorized agency in order to
implement, interpret and/or enforce a law of the Nation, which may include citation fee
and penalty schedules.
(i) “Rulemaking authority” means the delegation of authority to authorized agencies
found in the Nation’s laws, other than this law, which allows authorized agencies to
implement, interpret and/or enforce a law of the Nation.
(j) “Standard operating procedures” means statements, interpretations, decisions,
internal rules, regulations, internal policies, procedures or other matters concerning
internal management of an agency, which do not affect the private rights or interests of
individuals outside of the agency.
(k) “Statement of effect” means an analysis of the proposed rule which explains potential
conflicts and effects that adopting a rule would have on the Nation’s current legislation.
106.4. General
106.4-1. Administrative Rulemaking. Only authorized agencies may promulgate rules.
Authorized agencies shall be granted rulemaking authority by a law of the Nation, provided that,
this law does not confer rulemaking authority. Authorized agencies may promulgate rules
interpreting the provisions of any law enforced or administered by it; provided that, a rule may
not exceed the rulemaking authority granted under the law for which the rule is being
promulgated. Authorized agencies shall adhere to the rulemaking procedures as provided in this
law.
(a) Rules developed pursuant to this law have the same force and effect as the law which
delegated the authorized agency rulemaking authority and shall be followed by both the
general public and the authorized agency promulgating the rule.
(b) A rule developed pursuant to this law shall not conflict or supersede a law, policy or
rule of the Nation or a resolution passed by the Oneida Business Committee or the
Oneida General Tribal Council.
(c) This law does not apply to the Nation’s standard operating procedures.
106.4-2. Solicitation of Comment on General Subject Matter. For the purpose of soliciting
public comments, ideas and opinions, an authorized agency may hold a public meeting on the
general subject matter of a possible or anticipated rule before preparing a proposed rule. A
public meeting under this subsection does not satisfy the public comment period requirements of
section 106.6 with respect to promulgation of a specific proposed rule.
106.4-3. Substantial Compliance. Any rule hereafter adopted is valid only if adopted in
substantial compliance with this law. Rules already in effect at the time of this law’s adoption
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remain in effect unless directed to be updated based on this law’s requirements by the Oneida
Business Committee. Any amendments made to rules already in effect shall follow the
requirements of this law.
106.4-4. Exemption to Administrative Rulemaking Requirements. When an authorized agency is
delegated rulemaking authority through a new law or an amendment to an existing law, any
standard operating procedures, policies, or plans the authorized agency is currently using and
wishes to continue using as a rule shall be presented to the Legislative Operating Committee for
acknowledgement and publication as a rule on the Oneida Register as long as the following
conditions are met:
(a) The standard operating procedure, policy or plan shall have no substantive change to
its content; and
(b) A preliminary review by the Oneida Law Office shall reveal no conflict between the
standard operating procedure, policy or plan and any law, policy, rule, or resolution of the
Nation.
(c) The existing standard operating procedure, policy, or plan shall be formatted into the
administrative rulemaking template approved by the Legislative Operating Committee.
106.5. Preparation of Proposed Rules
106.5-1. Form and Style. The Legislative Operating Committee shall create a template for rules
with which authorized agencies shall comply; the template is not subject to the procedural
requirements of this law.
(a) At a minimum, all rules shall be numbered in the following consistent manner “11(a)(1)(A)(i)” where:
(1) “1-1” means the first section.
(2) “(a)” means the first subsection.
(3) “(1)” means the second subsection.
(4) “(A)” means the third subsection.
(5) “(i)” means the fourth subsection.
(6) All other numbering after the fourth subsection shall be in a logical manner.
106.5-2. Summary Report. The authorized agency shall prepare a summary report regarding
each proposed rule. The summary report shall be attached to the proposed rule when presented
for public comment, and included in the administrative record for certification by the Legislative
Operating Committee and ultimately for adoption by the Oneida Business Committee. The
summary report shall include the following:
(a) the name of the proposed rule;
(b) a reference to the law that the proposed rule interprets, along with a list of any other
related laws, rules, or resolutions that may be affected by the proposed rule;
(c) a brief summary of the proposed rule;
(d) any changes made to the proposed rule based on the public comment period required
by section 106.6, if applicable;
(e) a statement of effect for the rule prepared by the Legislative Reference Office upon
request by the authorized agency; and
(f) the financial analysis.
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(1) The authorized agency shall prepare the financial analysis. The authorized
agency shall send a written request to each entity that may be affected by the
proposed rule soliciting information on how the proposed rule would financially
affect the entity. Each entity’s response indicating its financial affects shall be
included in the financial analysis.
(2) If an authorized agency does not receive a response from one (1) or more
entities regarding its request for the financial effects of the rule on the entity
within ten (10) business days of the date of the request, the authorized agency
may submit a financial analysis noting which entities were non-responsive to its
request.
106.6. Public Comment Period on Proposed Rules
106.6-1. Required Public Comment Period. A proposed rule shall be preceded by a public
comment period, which shall include a public meeting.
(a) A rule promulgated under the emergency rules exemptions described in section
106.10 shall not be required to have a public comment period or public meeting.
(b) Nothing in this section prohibits or restricts the holding of any other type of
community meeting which may be used to gather input on rules.
106.6-2. Public Meetings. A public meeting on a proposed rule shall be held in accordance with
the following requirements.
(a) Notice. The authorized agency shall set a date for the public meeting and have a
public meeting notice published in the Kalihwisaks and on the Oneida Register not less
than ten (10) business days prior to the meeting.
(1) Special Notice. It is recommended, but not required, that authorized agencies
provide an additional special notice to affected parties when a proposed rule or
amendments to a rule modify eligibility requirements for the Nation’s programs.
The extent and form of any such notice is within the authorized agency’s
discretion to determine.
(b) Requirements for Public Meeting Notice. The public meeting notice shall include:
(1) the date, time, and location of the scheduled public meeting;
(2) information for electronically accessing the proposed rule and summary
report and a statement that hard copies of the materials will be available with the
authorized agency; and
(3) the name, address, phone number, and other appropriate information to
submit written comments on the rule and the time period during which the
authorized agency shall accept written comments.
(c) The authorized agency shall hold a public meeting at the date, time and place
designated in the meeting notice.
(d) Presiding Representative. The authorized agency holding the public meeting shall
have a representative to preside at the meeting who shall briefly describe the rule which
is the subject of the public meeting and the nature of the rule’s requirements, and then
open the meeting for comments.
(1) The authorized agency’s presiding representative is not required to comment
or respond to comments at the meeting, but may at his or her discretion.
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(e) Time Limitation. The authorized agency’s presiding representative may impose a
time limit for all oral testimony. Any time limit imposed shall not be less than five (5)
minutes and shall be applied to all persons equally.
(f) Registration. The authorized agency shall create and bring to the public meeting a
sign-in sheet. Persons attending the public meeting shall register at the meeting by
signing the sign-in sheet.
(g) The authorized agency shall audio record the public meeting and persons who
provide oral comments shall state their name for the record.
(h) The authorized agency shall hold the record open for the submission of written
comments for a minimum of five (5) business days following the public meeting.
106.6-3. Extension of Public Comment Period. The authorized agency may extend the public
comment period as it deems appropriate by posting an amended public meeting notice. The
amended public meeting notice shall follow the posting requirements found in section 106.62(b). The amended public meeting notice shall identify the extended public comment period
ending date and may be posted at any time prior to the close of the original public comment
period.
106.6-4. Consideration of Public Comments. The authorized agency shall fully consider all
comments received during the public comment period and during any public meeting held
regarding a proposed rule.
106.6-5. Public Comment Memorandum. Once all public comments are received and the public
comment period closes, the authorized agency shall draft a memorandum containing all public
comments received and the authorized agency’s response to each comment.
106.6-6. Substantial Changes to Proposed Rule. The authorized agency shall hold an additional
public meeting for the proposed rule if substantial changes are made to the proposed rule after
the public comment period ends and all public comments are considered.
106.7. Legislative Operating Committee Certification
106.7-1. Submission of Rule Certification Materials. After the public comment period has
expired and the authorized agency has considered all public comments received, the authorized
agency shall submit the proposed rule and all items contained in the administrative record
described in section 106.11 to the Legislative Operating Committee.
(a) The authorized agency shall submit the rule for certification by the Legislative
Operating Committee within six (6) months after the public comment period has expired,
unless the Legislative Operating Committee determines there is good cause to go outside
the time limits.
106.7-2. Requirements for Certification. The Legislative Operating Committee is responsible
for certifying the proposed rule meets the following requirements:
(a) that promulgation of the rule complies with the procedural requirements contained in
this law;
(b) that the administrative record is complete; and
(c) that the rule does not exceed its rulemaking authority or conflict with any other law,
policy, rule or resolution of the Nation.
106.7-3. Rule Certification. Upon receipt of a complete rule certification submission the
Legislative Operating Committee shall take one (1) of the following actions:
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(a) Certify the Rule. If the Legislative Operating Committee determines the authorized
agency has complied with the requirements for certification stated in section 106.7-2, the
Legislative Operating Committee shall certify the proposed rule.
(1) Upon certification of the rule the Legislative Operating Committee shall
forward the administrative record to the Oneida Business Committee.
(b) Deny Certification of the Rule. If the Legislative Operating Committee determines
that the authorized agency has not complied with the certification requirements stated in
section 106.7-2 the Legislative Operating Committee shall not certify the proposed rule.
(1) Upon the denial of certification of the rule the Legislative Operating
Committee shall return the proposed rule to the authorized agency with specific
feedback as to which requirements were not fulfilled.
(2) The authorized agency may resubmit the proposed rule for certification by the
Legislative Operating Committee once all requirements for certification have
been met.
106.8. Oneida Business Committee Adoption
106.8-1. Oneida Business Committee Consideration. The Oneida Business Committee shall
review and consider the proposed rule, the administrative record, and the Legislative Operating
Committee’s certification of compliance.
106.8-2. Oneida Business Committee Adoption. After review of all materials submitted and
consideration of the proposed rule, the Oneida Business Committee may take one of the
following actions:
(a) Adopt the Proposed Rule. The Oneida Business Committee may adopt, by motion,
the proposed rule. A majority vote is required for the adoption of a rule by the Oneida
Business Committee.
(1) The Legislative Operating Committee shall be responsible for publishing the
rule on the Oneida Register upon adoption by the Oneida Business Committee.
(b) Deny Adoption of the Proposed Rule. The Oneida Business Committee may deny
adoption of the proposed rule if the Oneida Business Committee has any concerns and/or
requested revisions to the rule. The Oneida Business Committee may request that the
authorized agency work with the Oneida Business Committee to address any concerns.
106.9. Effective Date of Rules
106.9-1. The authorized agency shall determine a rule’s effective date, provided that a rule may
not become effective until the Oneida Business Committee adopts the proposed rule.
106.9-2. A failure to publish an approved rule on the Oneida Register by its effective date does
not change the effective date of the rule.
106.10. Emergency Rules
106.10-1. Emergency Promulgation of a Rule. An authorized agency may present the Legislative
Operating Committee with a proposed emergency rule if the following conditions are met:
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.