# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A1e37dc96c4dffd8a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 178 Oneida Business Committee Executive Session and Regular Meeting 8:30 AM Wednesday, August 12, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. NOTICE All regular, special, and emergency Business Committee meetings are closed to the public for the duration of the Public Health State of Emergency. This is preventative measure as a result of the COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee. Video recordings are made of regular meetings of the Business Committee. All recordings are available on the Nation's website at: https://oneida-nsn.gov/government/businesscommittee/recordings/ If you have comments regarding open session items, please submit them to TribalSecretary@oneidanation.org no later than close of business the day prior to a Business Committee meeting. Comments will be noticed to the Business Committee. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. MINUTES A. Approve the July 22, 2020, regular Business Committee meeting minutes Sponsor: Lisa Summers, Secretary B. Approve the August 6, 2020, special Business Committee meeting minutes Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 4 August 12, 2020 Public Packet V. VI. 2 of 178 RESOLUTIONS A. Adopt resolution entitled Setting Supervision and Management of Direct Reports to the Oneida Business Committee Sponsor: David P. Jordan, Councilman B. Adopt resolution entitled Amendments to the Boards, Committees, and Commissions Law Sponsor: David P. Jordan, Councilman C. Adopt resolution entitled Amended Boards, Committees, and Commissions Law Stipends Sponsor: David P. Jordan, Councilman D. Adopt resolution entitled Emergency Adoption of the Oneida General Welfare Law Sponsor: David P. Jordan, Councilman E. Adopt resolution entitled Emergency Adoption of the Oneida Higher Education Pandemic Relief Fund Law Sponsor: David P. Jordan, Councilman F. Adopt resolution entitled Support Submitting the Nation’s Disposal of Solid and Hazardous Waste Project Proposal to the Bureau of Indian Affairs Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs G. Adopt resolution entitled Continuing Resolution for Fiscal Year 2021 Sponsor: Trish King, Treasurer NEW BUSINESS A. Post two (2) vacancies - Oneida Election Board Sponsor: Lisa Summers, Secretary B. Post five (5) vacancies - Oneida Nation School Board Sponsor: Lisa Summers, Secretary C. Approve the Community Fund FY-20 Product Request - Oneida Emergency Food Pantry Sponsor: Debbie Thundercloud, General Manager D. Approve a limited waiver of sovereign immunity - New Water-Great Lakes Restoration Initiative Grant Program Silver Creek Adaptive Management Cost-Share Agreement - file # 2020-0361 Sponsor: Debbie Thundercloud, General Manager Oneida Business Committee Regular Meeting Agenda Page 2 of 4 August 12, 2020 Public Packet VII. 3 of 178 GENERAL TRIBAL COUNCIL A. PETITIONER MICHAEL DEBRASKA 1. VIII. Accept the legal review Sponsor: Jo Anne House, Chief Counsel EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the Gaming General Manager FY-20 3rd quarter report (9:30 a.m.) Sponsor: Louise Cornelius, Gaming General Manager 3. Accept the Retail General Manager FY-20 3rd quarter report (10:00 a.m.) Sponsor: Eric McLester, Retail General Manager 4. Accept the Emergency Management Director FY-20 3rd quarter report (10:15 a.m.) Sponsor: Kaylynn Gresham, Director/Emergency Management TABLED BUSINESS 1. C. Joint Marketing Standard Operating Procedures regarding Tickets & Merchandise Distribution (tabled 4/8/20; no action requested) NEW BUSINESS 1. Approve a limited waiver of sovereign immunity - National Investment Services of America LLC Investment Management agreement - file # 20200401 (10:30 a.m.) Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee 2. Approve a limited waiver of sovereign immunity - Merganser Capital Management LLC Advisory Agreement - file # 2020-0415 (10:30 a.m.) Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee 3. Approve the Gaming Arts LLC Consent and Coexistence Agreement - file # 2020-0528 Sponsor: Jo Anne House, Chief Counsel 4. Review the recall request and determine next steps - Oneida Police Department (10:45 a.m.) Sponsor: Sandra Reveles, Chair/Oneida Police Commission Oneida Business Committee Regular Meeting Agenda Page 3 of 4 August 12, 2020 Public Packet IX. 4 of 178 5. Review the recall request and determine next steps - Human Resources (11:00 a.m.) Sponsor: Geraldine Danforth, Area Manager/Human Resources 6. Review the recall request and determine next steps - Intergovernmental Affairs and Communications Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 7. Review the posting request and determine next steps - Business Committee Support Office Sponsor: Lisa Summers, Secretary 8. Review submissions for the State of Wisconsin 2021-23 Biennial Budget Request (11:15 a.m.) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 9. Approve a sub-team of the OBC to meet with BC DR10 to renegotiate and approve the employment contract Sponsor: Tehassi Hill, Chairman 10. Approve a sub-team of the OBC to meet with BC DR04 to renegotiate and approve their employment contract Sponsor: Tehassi Hill, Chairman ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 4 of 4 August 12, 2020 Public Packet 5 of 178 Approve the July 22, 2020, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 08/10/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☒ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 6 of 178 DRAFT Oneida Business Committee Executive Session and Regular Meeting 8:30 AM Wednesday, July 22, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Louise Cornelius (via Microsoft Teams1), Chad Fuss (via Microsoft Teams), Fawne Rasmussen (via Microsoft Teams), Sharon Mousseau (via Microsoft Teams), Artley Skenandore (via Microsoft Teams), Yvette Peguero (via Microsoft Teams), Linda Jenkins (via Microsoft Teams), Melinda J. Danforth, Tana Aguirre (via Microsoft Teams), Brandon Wisneski (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Susan House (via Microsoft Teams), Carl Artman (via Microsoft Teams); REGULAR MEETING Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: n/a Arrived at: n/a Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Clorissa Santiago, Tina Jorgenson (via Microsoft Teams), Michelle Myers (via Microsoft Teams); I. CALL TO ORDER Meeting called to order by Chairman Tehassi Hill at 8:31 a.m. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings Oneida Business Committee Regular Meeting Minutes Page 1 of 11 July 22, 2020 Public Packet 7 of 178 DRAFT II. OPENING (00:00:19) Opening provided by Chairman Tehassi Hill. A. Special Recognition for Years of Service (00:03:53) Sponsor: Tehassi Hill, Chairman Special recognition by Chairman Tehassi Hill of the following employees for their years of service and commitment to the Oneida Nation: Geraldine Danforth (35 years), Kirby Metoxen (30 years), Annette Cornelius (30 years), Robert Brown (30 years), Ronald Cornelius Jr (25 years), David Larson (25 years), Lisa Summers (25 years), Heidi King (25 years), Michael Troge (25 years), Karen John (25 years), Michael Arce (25 years), Jeri Bauman (25 years), Anne Delebreau (25 years), Jeffrey Scofield (25 years), Lyle Hill (25 years), and Kevin Jorgenson (25 years). A quarterly recognition for years of service would have been held in April 2020, but was not due to the COVID-19 pandemic. III. ADOPT THE AGENDA (00:07:10) Motion by Lisa Summers to adopt the agenda with two (2) changes [1) under Oath of Office, add item A. Oneida Election Board Alternates; and 2) under Executive Session, delete item C.3. Approve five (5) job descriptions for the re-organization of the OBC Support staff to Politically Appointed Contract Positions], seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster IV. OATH OF OFFICE A. Oneida Election Board Alternates (00:08:28); (00:34:48) Item was deferred to be address later on the agenda. Item V.A. was addressed next. Councilman Kirby Metoxen left at 10:05 a.m. Oath of office administered by Secretary Lisa Summers. Kathryn LaRoque (via Microsoft Teams) and Ramona Salinas (via Microsoft Teams) were present. Item IX. Executive Session was re-addressed next. V. MINUTES A. Approve the July 8, 2020, regular Business Committee meeting minutes (00:09:03) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to approve the July 8, 2020, regular Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 11 July 22, 2020 Public Packet 8 of 178 DRAFT VI. RESOLUTIONS A. Adopt resolution entitled Extension of the Real Property Law Emergency Amendments (00:09:24) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to adopt resolution 07-21-20-A Extension of the Real Property Law Emergency Amendments, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Motion by Lisa Summers to direct the General Manager to ensure that there is an action plan to make sure the appropriate procedures are developed in the timeframe allowed by the resolution, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster B. Adopt resolution entitled Amendment to resolution # BC 12-11-19-A for the Nation’s Appointed Representative on the Board for the Greater Green Bay Chamber of Commerce (00:14:39) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Summers to adopt resolution 07-21-20-B Amendment to resolution # BC 12-11-19-A for the Nation’s Appointed Representative on the Board for the Greater Green Bay Chamber of Commerce, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster VII. APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Police Commission (00:15:13); (00:32:40); (00:48:15) Sponsor: Lisa Summers, Secretary Item deferred to be addressed later on the agenda. Item VII.A. was addressed next. Motion by Jennifer Webster to accept the selected applicant Beverly Anderson, seconded by Trish King. Motion withdrawn. Item IV.A. was addressed next. Motion by David P. Jordan to appoint Beverly Anderson to the Oneida Police Commission, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Item X. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 3 of 11 July 22, 2020 Public Packet 9 of 178 DRAFT B. Determine next steps regarding three (3) vacancies - Oneida Election Board Alternates (00:15:38); (00:31:33) Sponsor: Lisa Summers, Secretary Item deferred to be addressed later on the agenda. Item VIII.A. was addressed next. Councilman David P. Jordan returned at 10:00 a.m. Motion by Lisa Summers to appoint Ramona Salinas to the Oneida Election Board as an alternate, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Item VII.A. was re-addressed next. VIII. NEW BUSINESS A. Appoint Michelle Myers, Public Health Officer, to represent the Oneida Nation on the State Disaster Medical Advisory Committee's Ethics Subcommittee (00:16:05) Sponsor: Debbie Thundercloud, General Manager Motion by Jennifer Webster to appoint Michelle Myers, Public Health Officer, to represent the Oneida Nation on the State Disaster Medical Advisory Committee's Ethics Subcommittee, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster B. Review request for permanent amendments to the Children's Code and determine next steps (00:16:38) Sponsor: Debbie Thundercloud, General Manager Motion by Jennifer Webster to accept the request for permanent amendments to the Children's Code as information and send to the Legislative Operating Committee for processing, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster C. Re-post four (4) vacancies - Anna John Resident Centered Care Community Board (00:23:42) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to re-post four (4) vacancies for the Anna John Resident Centered Care Community Board, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 11 July 22, 2020 Public Packet 10 of 178 DRAFT D. Enter the e-poll results into the record - Failed CRF Government Relief Funds Requests - file # 7-6-026 and file # 6-5-067 (00:24:11) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to enter the e-poll results into the record for the failed CRF Government Relief Funds Requests - file # 7-6-026 and file # 6-5-067, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster For the record: Secretary Lisa Summers stated the reason for the failure isn't because the Business Committee didn't support the requests, generally; it was because we just weren't able to get enough responses in time for the processing deadline. I want to make sure everyone understands that who might be watching and is questioning why we would reconsider. It's a processing thing that occurred in this particular case; that's why it's up for reconsideration next. For the record: Councilman Kirby Metoxen stated I know we're working our some glitches within our laptops. There are times when you reply on [e-polls] and it returns to the person e-polling as failed or undeliverable. So we are working with MIS to rectify that. 1. Reconsider the CRF Government Relief Funds Requests - file # 7-6-026 and file # 6-5-067 (00:26:35) Sponsor: Debbie Thundercloud, General Manager Motion by Lisa Summers to reconsider the CRF Government Relief Funds Requests - file # 7-6-026 and file # 6-5-067, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster For the record: Secretary Lisa Summers stated I would just for, again for public purposes, just to note that this particular request is regarding laptops for the Licensing area in the amount of $30,000 and the other area is specific to the suspension of the rents and utilites that were done by the Business Committee earlier in the year and that total amount is $613,578. For the record: Councilman Kirby Metoxen I had voted on this but it was one of those times where it was deleted or it was undeliverable and so it came back to me and I had to re-vote on my phone which came in late then. Motion by Kirby Metoxen to approve the CRF Government Relief Funds Requests - file # 7-6-026 and file # 6-5-067, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 11 July 22, 2020 Public Packet 11 of 178 DRAFT IX. EXECUTIVE SESSION (00:30:06); (00:39:04) Motion by Kirby Metoxen to go into executive session at 9:01 a.m., seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Roll call for the record: Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer Webster; Not Present: Councilman David P. Jordan; Motion by Trish King to come out of executive session at 9:58 a.m., seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: David P. Jordan Item IX.C.10. was addressed next. Motion by Trish King to go into executive session at 10:07 a.m., seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Kirby Metoxen Roll call for the record: Present: Chairman Tehassi Hill; Councilman David P. Jordan; Councilman Kirby Metoxen; Treasurer Trish King; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers; Councilwoman Jennifer Webster; Not Present: Councilman Daniel Guzman King; Motion by Brandon Stevens to come out of executive session at 3:56 p.m., seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Oneida Business Committee Regular Meeting Minutes Page 6 of 11 July 22, 2020 Public Packet 12 of 178 DRAFT A. REPORTS 1. Accept the Intergovernmental Affairs, Communications, and Self-Governance July 2020 report (00:40:37) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance July 2020 report, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Motion by David P. Jordan to support the concept of working with the City of Green Bay on an early voting location for the Fall 2020 Elections and direct Intergovernmental Affairs and Communications to develop a Memorandum of Understanding with the City, seconded by Brandon Stevens. Motion carried: Ayes: David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Opposed: Kirby Metoxen Not Present: Daniel Guzman King 2. Accept the Chief Counsel report (00:41:26) Sponsor: Jo Anne House, Chief Counsel Motion by Kirby Metoxen to accept the Chief Counsel report, seconded by Lisa Summers. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Motion by Kirby Metoxen to approve the CRF Government Relief Funds Request for General Assistance for Membership in the amount of $14,388,000 - file # 7-5-001 and file # 7-5-005, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King B. TABLED BUSINESS 1. Joint Marketing Standard Operating Procedures regarding Merchandise Distribution (tabled 4/8/20; no action requested) Tickets & No action; item remains on the table. Oneida Business Committee Regular Meeting Minutes Page 7 of 11 July 22, 2020 Public Packet 13 of 178 DRAFT C. NEW BUSINESS 1. Approve the Principal Financial Group documents regarding the Oneida Nation Public Safety Officer Pension Plan - file # 2020-0482 (00:42:12) Sponsor: Larry Barton, Chief Financial Officer Motion by Trish King to approve the Principal Financial Group documents regarding the Oneida Nation Public Safety Officer Pension Plan - file # 2020-0482, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: Daniel Guzman King Councilman Daniel Guzman King returned at 3:59 p.m. 2. Approve the Principal Financial Group documents regarding the Oneida Nation Public Safety Officer Excess Benefit Payment Plan - file # 2020-0483 (00:42:02) Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to approve the Principal Financial Group documents regarding the Oneida Nation Public Safety Officer Excess Benefit Payment Plan - file # 2020-0483, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 3. Approve five (5) job descriptions for the re-organization of the OBC Support staff to Politically Appointed Contract Positions Sponsor: Lisa Summers, Secretary Item deleted at the adoption of the agenda. 4. Review the recall request and determine next steps - Purchasing and Licensing (00:42:59) Sponsor: Larry Barton, Chief Financial Officer For the record: Secretary Lisa Summers stated for these next [two] requests, I'm opposing them because I believe that before we do any additional recalls, we need to see a broader financial picture for the Nation. Motion by Jennifer Webster to approve the recall request from Licensing for one (1) Licensing Assistant, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Opposed: Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 8 of 11 July 22, 2020 Public Packet 14 of 178 DRAFT 5. Review the recall request and determine next steps - Gaming (00:43:42) Sponsor: Louise Cornelius, Gaming General Manager Motion by Kirby Metoxen to approve the recall request from Gaming for one (1) Table Games Administrative Assistant, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Jennifer Webster Opposed: Lisa Summers 6. Review the posting request and determine next steps - Oneida Law Office (00:44:05) Sponsor: Jo Anne House, Chief Counsel Motion by Kirby Metoxen to approve the posting request from the Oneida Law Office for one (1) Attorney, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 7. Review the posting request and determine next steps - Oneida Nation School System (00:44:28) Sponsor: Lisa Liggins, Chair/Oneida Nation School Board Motion by Jennifer Webster to approve the posting request from the Oneida Nation School System for two (2) Health Aides and one (1) Co-teacher, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster For the record: Secretary Lisa Summers stated these requests for the School are directly [COVID-19 pandemic] related and support [COVID-19 pandemic response] activities. 8. Approve designating Tribal Contribution to fund the Oneida Nation School System for SY2020-2021 (00:45:04) Sponsor: Lisa Liggins, Chair/Oneida Nation School Board Motion by Lisa Summers to approve designating Tribal Contribution to fund the Oneida Nation School System for SY2020-2021, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 9. Review application(s) for one (1) vacancy - Oneida Police Commission (00:45:29) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to accept the discussion regarding the Oneida Police Commission application as information, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Item IX.C.11. was addressed next. Oneida Business Committee Regular Meeting Minutes Page 9 of 11 July 22, 2020 Public Packet 15 of 178 DRAFT 10. Review application(s) for three (3) vacancies - Oneida Election Board Alternates (00:30:53) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to accept the discussion regarding the Oneida Election Board Alternate applications as information, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Not Present: David P. Jordan Item VII.B. was addressed next. 11. Enter the e-poll results in the record - Approved employment request from Gaming to maintain the optimal staffing levels highlighted in the report dated July 14, 2020 (00:46:04) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to enter the e-poll results into the record for the approved employment request from Gaming to maintain the optimal staffing levels highlighted in the report dated July 14, 2020, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 12. Enter the e-poll results into the record - Approved employment requests from the General Manager for recall of 25 positions, posting of 7 positions, and posting of future vacancies current/recalled/posted positions in the Comprehensive Health Division (00:46:40) Sponsor: Lisa Summers, Secretary Motion by Brandon Stevens to enter the e-poll results into the record for the approved employment requests from the General Manager for recall of 25 positions, posting of 7 positions, and posting of future vacancies current/recalled/posted positions in the Comprehensive Health Division, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster 13. Enter the e-poll results into the record - Approved recall request from Human Resources for two (2) Organizational Development Specialists and one (1) Executive Assistant (00:47:15) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to enter the e-poll results into the record for the approved recall request from Human Resources for two (2) Organizational Development Specialists and one (1) Executive Assistant, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 10 of 11 July 22, 2020 Public Packet 16 of 178 DRAFT 14. Enter the e-poll results into the record - Approved recall request from Internal Audit for one (1) In-Charge Auditor (00:47:41) Sponsor: Lisa Summers, Secretary Motion by Jennifer Webster to enter the e-poll results into the record for the approved recall request from Internal Audit for one (1) In-Charge Auditor, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Item VII.A. was re-addressed. X. ADJOURN (00:48:42) Motion by David P. Jordan to adjourn at 4:05 p.m., seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie Stevens III, Lisa Summers, Jennifer Webster Minutes prepared by Lisa Liggins, Information Management Specialist Minutes approved as presented on . Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 11 of 11 July 22, 2020 Public Packet 17 of 178 Approve the August 6, 2020, special Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 08/10/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☒ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 18 of 178 DRAFT Oneida Business Committee Special Meeting 10:00 AM Thursday, August 06, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Minutes SPECIAL MEETING Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: David P. Jordan, Kirby Metoxen; Not Present: Chairman Tehassi Hill, Council members: Daniel Guzman King, Ernie Stevens III, Jennifer Webster; Arrived at: n/a Others present: Jo Anne House (via Microsoft Teams), Larry Barton, Debbie Thundercloud (via Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Lisa Liggins, James Bittorf (via Microsoft Teams), Arlinda Locklear (via Microsoft Teams); I. CALL TO ORDER Meeting called to order by Vice-Chairman Brandon Stevens at 10:04 a.m. For the record: Chairman Tehassi Hill and Council members Daniel Guzman King, Ernie Stevens III, and Jennifer Webster are on vacation or personal time. II. OPENING (00:00:18) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:00:43) Motion by Trish King to adopt the agenda as presented, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster Oneida Business Committee Special Meeting Minutes Page 1 of 3 August 06, 2020 Public Packet 19 of 178 DRAFT IV. RESOLUTIONS A. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until September 11, 2020 (00:01:07) Sponsor: Tehassi Hill, Chairman Motion by Lisa Summers to adopt resolution 08-06-20-A Extension of Declaration of Public Health State of Emergency Until September 11, 2020, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster For the record: Secretary Lisa Summers stated we did receive an updated report from our Public Health Official team and they noted several things that are continuing to occur on the reservation including that our numbers are steadily increasing at this point. They did include in their report the comparison between the confirmed cases on the reservation and the over all Native American numbers. Our numbers are significantly higher if you include those individuals who are not on the reservation, who are in Brown or Outagamie county off the reservation. Ie had this morning as of today's date I believe 85 cases, which is a 30 person increase over where we were just a few weeks ago. So for myself, I just want to make sure that people do take the time to look at the packet and read the report because we are continuing to base our decisions on the science and the information coming from our Public Health Officials. V. EXECUTIVE SESSION (00:05:48) Motion by David P. Jordan to go into executive session at 10:10 a.m., seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster Motion by Lisa Summers to come out of executive session at 11:07 a.m., seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster A. NEW BUSINESS 1. Review the decision and identify next steps - case # 19-1981 (00:06:18) Sponsor: Jo Anne House, Chief Counsel Motion by Trish King to accept the the discussion regarding case # 19-1981 as information, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster Oneida Business Committee Special Meeting Minutes Page 2 of 3 August 06, 2020 Public Packet 20 of 178 DRAFT VI. ADJOURN (00:06:36) Motion by Lisa Summers to adjourn at 11:07 a.m., seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Daniel Guzman King, Tehassi Hill, Ernie Stevens III, Jennifer Webster Minutes prepared by Lisa Liggins, Information Management Specialist Minutes approved as presented on . Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Special Meeting Minutes Page 3 of 3 August 06, 2020 Public Packet 21 of 178 Oneida Business Committee Agenda Request Adopt resolution entitled Setting Supervision and Management of Direct Reports to the Oneida Business.. 1. Meeting Date Requested: 8 / 1 2 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: To approve the amended BC Resolution "Setting Supervision and Management of the Direct Reports to the Business 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: David P. Jordan, Councilmember Primary Requestor/Submitter: Jessica Wallenfang, Executive Assistant Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 22 of 178 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: Purpose: To ensure the resolution is consistent with the OBC SOP: Hiring, Negotiating and Termination of BC Support Contracted Employees. Background/history: Due to the re-organization of the OBC Political Appointments to Contracted employees, the resolution must be updated to include the re-titled positions. In addition, the resolution now includes the Legislative Reference Office BC Liaison as a member to the OBC Officers for administrative purposes. This change will allow the BC Liaison to be included in the BC Officer meetings for more consistent communication to the Legislative Operating Committee and to expand the amount of BC Officers to assist in reaching quorum. Action: To approve the amended BC Resolution, ""Setting Supervision and Management of the Direct Reports to the Business Committee". 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 Oneida Nation 23 of 178 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Oneida, WI 54155 BC Resolution # Setting Supervision and Management of Direct Reports to the Oneida Business Committee 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 has re-instated the position of General Manager to provide guidance and stability to the Nation’s governmental units assigned to report to that position; and WHEREAS, the Oneida Business Committee has determined that some positions, such as the Chief Financial Officer, are not direct reports to the Oneida Business Committee but have interactions with and impacts on governmental units; and WHEREAS, the Oneida Business Committee has also determined that some positions, such as the Gaming General Manager, Emergency Management, and Human Resources Department, require direct contact and supervision by the Oneida Business Committee because of the position (Gaming General Manager), the duties (governmental response), or services provided (personnel); and WHEREAS, the E. Delgado Oneida Business Committee adopted resolutions clarifying the impact of interim actions addressing the removal of the position of the General Manager; and WHEREAS, the T. Danforth Oneida Business Committee adopted clarifying resolutions regarding supervision and management of direct reports; and WHEREAS, the Oneida Business Committee has determined that these resolutions provided clear guidance to direct reports and should be updated reflecting hiring a General Manager; and WHEREAS, the Oneida Business Committee re-affirms resolution # BC-01-14-09-D, Definition of Oversight; and NOW THEREFORE BE IT RESOLVED, that this resolution shall supersede all prior motions and resolutions in conflict with the directives set forth in this resolution and in resolution # ________, Rescinding and Amending Resolutions Regarding Direct Reporting and Assigning Responsibilities and Authorities of the General Manager. BE IT FURTHER RESOLVED, that for purposes of this resolution, “direct reports” are defined as the following positions within the Nation: Chief Counsel, job description # 09030 General Manager, job description # 09012 Gaming General Manager, job description #09020 Public Packet 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 24 of 178 BC Resolution _____________ Setting Supervision and Management of Direct Reports to the Oneida Business Committee Page 2 of 2 AreaGeneral Manager ,- Retail-Profit, job description #09096 Business Compliance Analyst, job description #3029 Intergovernmental Affairs and Communications Director, job description #02735 Emergency Management Director, job description #09072 Area Manager, Human Resources Division, job description #00662 Area Manager, Retail-Profit, job description #Employee Relations, job description # 03104 Strategic Planner, job description # 03106 Project Manager, job description # 03111 Project Coordinator, job description # 03104 Budget Analyst, job description # 03103 Executive Assistant, job description # 01305 BE IT FURTHER RESOLVED, that the Oneida Business Committee delegates to the officers (Chair, ViceChair, Treasurer, and Secretary, and Legislative Operating Committee Chair) the authority and responsibility of administrative supervision of direct reports. 1. Administrative supervision shall be defined as matters involving the individual personnel requests such as use of personal or vacation time, performance tracking and accounting related sign-off activities. 2. Administrative supervision requests shall be routed through the Tribal Secretary's Office which shall be responsible for logging in requests and documenting the results of the officer decisions. BE IT FURTHER RESOLVED, that the Oneida Business Committee delegates to the officers (Chair, ViceChair, Treasurer, and Secretary, and Legislative Operating Committee Chair) the authority and responsibility of providing direction to direct reports regarding organizational activities. Direction regarding organizational activities shall be defined as providing advice and opinion regarding the policy decisions made by the Oneida Business Committee and shall exclude the authority to direct specific action. BE IT FURTHER RESOLVED, that the Oneida Business Committee delegation to the officers (Chair, ViceChair, Treasurer, Secretary, and Legislative Operating Committee Chair) includes the expectation that the officers will act by majority vote and, in all cases, to attempt consensus decision making as agreed to from the initial strategic planning activities. BE IT FURTHER RESOLVED, that the Oneida Business Committee directs the Secretary to forward this resolution to the Human Resources Department to identify the necessary amendments to the administrative processes and procedures to fully implement this resolution in a timely manner. BE IT FINALLY RESOLVED, that this resolution shall be effective upon adoption. Public Packet 25 of 178 Public Packet 26 of 178 Public Packet 27 of 178 Public Packet 28 of 178 Public Packet 29 of 178 Public Packet 30 of 178 Public Packet 31 of 178 Adopt resolution entitled Amendments to the Boards, Committees, and Commissions Law / / Public Packet 32 of 178 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson August 12, 2020 Amendments to the Boards, Committees, and Commissions Law Please find the following attached backup documentation for your consideration of the amendments to the Boards, Committees, and Commissions law: 1. 2. 3. 4. 5. 6. Resolution: Amendments to the Boards, Committees, and Commissions Law Statement of Effect: Amendments to the Boards, Committees, and Commissions Law Boards, Committees, and Commissions Law Amendments Legislative Analysis Boards, Committees, and Commissions Law Amendments (Redline) Boards, Committees, and Commissions Law Amendments (Clean) Boards, Committees, and Commissions Law Fiscal Impact Statement Overview On March 11, 2020, the Oneida Business Committee adopted emergency amendments to the Boards, Committees, and Commissions law through resolution BC-03-11-20-B to address the ineligibility of an individual to serve on a board, committee, or commission due to the potential for a conflict of interest to exist based on his or her employment with the Nation. Then on March 17, 2020, additional emergency amendments to the Boards, Committees, and Commissions law were made through resolution BC-03-17-20-C to address how meetings are held, and the limitations on stipends in response to the COVID-19 pandemic. The emergency amendments are set to expire on September 17, 2020. The Legislative Operating Committee has now prepared permanent amendments to the Boards, Committees, and Commissions law for the Oneida Business Committee’s consideration. The purpose of the Boards, Committees, and Commissions law is to govern boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1]. This resolution adopts permanent amendments to the Boards, Committees, and Commissions law which will: ▪ Allow the Business Committee Support Office to repost a vacancy for an additional time period if insufficient applications are received, as long as notification is provided to the Oneida Business Committee [1 O.C. 105.5-5]; ▪ Allow the Business Committee Support Office to request additional time from the Oneida Business Committee in compiling the applications, summary of qualifications, or results of any investigation [1 O.C. 105.7-1(a)(3)]; ▪ Clarify a deadline for when a Chairperson of an entity has to submit a recommendation for an appointment to the entity for the Oneida Business Committee’s consideration [1 O.C. Page 1 of 3 Public Packet ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ 33 of 178 105.7-1(b)(1)]; Allow for the oath of office to be taken at an alternative time and location other than during a regular or special Oneida Business Committee meeting as determined by the Secretary, as long as a quorum of the Oneida Business Committee is present to witness the oath [1 O.C. 105.9-1]; Require that the entity’s bylaws provide how the entity shall approve purchases or travel on behalf of the entity, but clarify the Business Committee Support Office has budgetary sign off authority on behalf of the entity [1 O.C. 105.10-3(b)(6)]; Reinstate the requirement that an entity audio record all meetings [1 O.C. 105.10-3(f)(5)]; Clarify that only a member of an entity shall respond to e-polls [1 O.C. 105.11-3]; Eliminate the requirement that a member of a board, committee, or commission be physically present during the entirety of a meeting or joint meeting in order to be eligible to receive a meeting stipend, but still require the member to be present and participate for the entire meeting through some means [1 O.C. 105.13-3, 105.13-4]; Address how technological issues during a meeting held through telecommunications is addressed and how it may affect a member’s eligibility for a meeting stipend [1 O.C. 105.13-3(d), 105.13-4(c)]; Provide that meetings and joint meetings can occur in person, by telephone, through videoconferencing, or through other telecommunications [1 O.C. 105.13-3, 105.13-4]; Revise how the limitation of stipend eligible meetings is calculated [1 O.C. 105.13-3, 105.13-4]; Clarify how eligibility for a conference or training stipend is calculated [1 O.C. 105.13-8]; Provide a deadline for a member to activate his or her e-mail address, and clarify when an ad hoc or alternate member of an entity must have an official e-mail address [1 O.C. 105.14-3(b)]; and Specify that certain positions within the Nation are ineligible to serve on a board, committee, or commission of the Nation due to the potential for a real or perceived conflict of interest to exist. [1 O.C. 105.15-3]. The Legislative Operating Committee developed the proposed amendments to the Boards, Committees, and Commissions law through input received from the following departments and entities during the one (1) year review of the Boards, Committees, and Commissions law as adopted through resolution BC-09-26-18-C: Oneida Law Office, Business Committee Support Office, Oneida Land Commission, Oneida Trust Enrollment Committee, Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida Police Commission, Oneida Personnel Commission, and Oneida Nation Arts Board. A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed amendments to the Boards, Committees, and Commissions law due to the COVID-19 pandemic. In early 2020 the world was hit with the COVID-19 pandemic resulting in many countries experiencing the effects of health issues and mortality related to COVID-19 and vast economic impacts. On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020. This Public Health State of Emergency was extended through August 11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, and BC-07-08-20-A. Page 2 of 3 Public Packet 34 of 178 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed. This declaration prohibits all public gatherings of any number of people. On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume. On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social distancing should be practiced by all persons. Then on June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions. On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period. Although no public meeting for the proposed amendments to the Boards, Committees, and Commissions law was held in person, the public comment period was still held open until July 9, 2020, for the submission of written comments. Five (5) individuals submitted written comments during the public comment period for a total of twenty-four (24) comments received. All public comments received were reviewed and considered by the Legislative Operating Committee July 9, 2020, and July 16, 2020. Any changes made based on those comments have been incorporated into this draft. Requested Action Approve the Resolution: Amendments to the Boards, Committees, and Commissions Law Page 3 of 3 Public Packet Oneida Nation 35 of 178 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Amendments to the Boards, Committees, and Commissions Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 Boards, Committees, and Commissions law (“the Law”) was adopted by the Oneida Business Committee through BC-05-14-97-F and amended by resolutions BC-09-27-06-E, BC-09-22-10-C, BC-09-26-18-C; and WHEREAS, the purpose of the Law is to govern boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions; and WHEREAS, the Oneida Business Committee adopted emergency amendments to the Law through resolution BC-03-11-20-B and BC-03-17-20-C in accordance with the emergency adoption process set forth by the Legislative Procedures Act; and WHEREAS, the emergency amendments addressed the ineligibility of an individual to serve on a board, committee, or commission due to the potential for a conflict of interest to exist based on his or her employment with the Nation, as well as how meetings are held and the limitations on stipends in response to the COVID-19 pandemic; and WHEREAS, the emergency amendments are set to expire on September 17, 2020; and WHEREAS, the Legislative Operating Committee has developed permanent amendments to the Law for consideration by the Oneida Business Committee; and WHEREAS, the amendments to the Law allow the Business Committee Support Office to repost a vacancy for an additional time period if insufficient applications are received, as long as notification is provided to the Oneida Business Committee; and WHEREAS, the amendments to the Law allow the Business Committee Support Office to request additional time from the Oneida Business Committee for compiling the applications, summary of qualifications, or results of any investigation; and WHEREAS, the amendments to the Law clarify a deadline for when a Chairperson of an entity has to submit a recommendation for an appointment to the entity for the Oneida Business Committee’s consideration; and Public Packet 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 36 of 178 BC Resolution _____________ Amendments to the Boards, Committees, and Commissions Law Page 2 of 3 WHEREAS, the amendments to the Law allow for the oath of office to be taken at an alternative time and location other than during a regular or special Oneida Business Committee meeting as determined by the Secretary, as long as a quorum of the Oneida Business Committee is present to witness the oath; and WHEREAS, the amendments to the Law require that the entity’s bylaws provide how the entity shall approve purchases or travel on behalf of the entity, but clarify the Business Committee Support Office has budgetary sign off authority on behalf of the entity; and WHEREAS, the amendments to the Law reinstate the requirement that an entity audio record all meetings; and WHEREAS, the amendments to the Law clarify that only a member of an entity shall respond to e-polls; and WHEREAS, the amendments to the Law eliminate the requirement that a member of a board, committee, or commission be physically present during the entirety of a meeting or joint meeting in order to be eligible to receive a meeting stipend, but still require the member to demonstrate presence and participate for the entire meeting through another means; and WHEREAS, the amendments to the Law address how technological issues during a meeting held through telecommunications is addressed and how it may affect a member’s eligibility for a meeting stipend; and WHEREAS, the amendments to the Law provide that meetings and joint meetings can occur in person, by telephone, through videoconferencing, or through other telecommunications; and WHEREAS, the amendments to the Law revise how the limitation of stipend eligible meetings is calculated; and WHEREAS, the amendments to the Law clarify how eligibility for a conference or training stipend is calculated; and WHEREAS, the amendments to the Law provide a deadline for a member to activate his or her e-mail address, and clarify when an ad hoc or alternate member of an entity must have an official e-mail address; and WHEREAS, the amendments to the Law specify that certain positions within the Nation are ineligible to serve on a board, committee, or commission of the Nation due to the potential for a real or perceived conflict of interest to exist; and WHEREAS, in the development of these amendments the Legislative Operating Committee used input from representatives from the Oneida Law Office, Business Committee Support Office, Oneida Land Commission, Oneida Trust Enrollment Committee, Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida Police Commission, Oneida Personnel Commission, and Oneida Nation Arts Board collected during the one (1) year review of the Law adopted through resolution BC-09-26-18-C; and WHEREAS, in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact statement were completed for the amendments to the Law; and WHEREAS, a public meeting on the proposed amendments to this Law was not held in accordance with the Legislative Procedures Act due to the COVID-19 pandemic; and Public Packet 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 37 of 178 BC Resolution _____________ Amendments to the Boards, Committees, and Commissions Law Page 3 of 3 WHEREAS, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, which was then subsequently extended through August 11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, and BC-07-08-20-A; and WHEREAS, on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which prohibits all public gatherings of any number of people and orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed; and WHEREAS, the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home” declaration on April 21, 2020, with the issuance of the “Updated Safer at Home” declaration, on May 19, 2020, with the “Safer at Home Declaration, Amendment, Open for Business” declaration, and then again on June 10, 2020, with the issuance of the “Stay Safer at Home” declaration; and WHEREAS, on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period; and WHEREAS, although a public meeting was not held for the proposed amendments to this Law, the public comment period for the amendments to this Law was held open until July 9, 2020; and WHEREAS, the Legislative Operating Committee reviewed and considered all public comments received on July 9, 2020, and July 16, 2020; and NOW THEREFORE BE IT RESOLVED, that the amendments to the Boards, Committees, and Commissions law are hereby adopted and shall be effective on August 26, 2020. BE IT FURTHER RESOLVED, that the amended Boards, Committees, and Commissions law hereby supersedes any conflicting language that may be found in the bylaws of boards, committees, or commissions of the Nation. BE IT FINALLY RESOLVED, that an individual employed in a position identified in section 105.15-3(a)-(c) that is currently simultaneously serving on an elected board, committee, or commission of the Nation shall be allowed to complete his or her term. Public Packet 38 of 178 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Amendments to the Boards, Committees, and Commissions Law Summary This resolution adopts amendments to the Boards, Committees, and Commissions law. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: July 30, 2020 Analysis by the Legislative Reference Office The Boards, Committees, and Commissions law (“the Law”) was adopted by the Oneida Business Committee for the purpose governing boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1]. The Boards, Committees, and Commissions law was most recently amended on an emergency basis through the adoption of resolution BC-03-11-20-B and BC-03-17-20-C for the purpose of addressing the ineligibility of an individual to serve on a board, committee, or commission due to the potential for a conflict of interest to exist based on his or her employment with the Nation, as well as addressing how meetings are held, and the limitations on stipends in response to the COVID-19 pandemic. The emergency amendments are set to expire on September 17, 2020. This resolution seeks permanent amendments to the Boards, Committees, and Commissions law which will: ▪ Allow the Business Committee Support Office to repost a vacancy for an additional time period if insufficient applications are received, as long as notification is provided to the Oneida Business Committee [1 O.C. 105.5-5]; ▪ Allow the Business Committee Support Office to request additional time from the Oneida Business Committee in compiling the applications, summary of qualifications, or results of any investigation [1 O.C. 105.7-1(a)(3)]; ▪ Clarify a deadline for when a Chairperson of an entity has to submit a recommendation for an appointment to the entity for the Oneida Business Committee’s consideration [1 O.C. 105.7-1(b)(1)]; ▪ Allow for the oath of office to be taken at an alternative time and location other than during a regular or special Oneida Business Committee meeting as determined by the Secretary, as long as a quorum of the Oneida Business Committee is present to witness the oath [1 O.C. 105.9-1]; ▪ Require that the entity’s bylaws provide how the entity shall approve purchases or travel on behalf of the entity, but clarify the Business Committee Support Office has budgetary sign off authority on behalf of the entity [1 O.C. 105.10-3(b)(6)]; ▪ Reinstate the requirement that an entity audio record all meetings [1 O.C. 105.10-3(f)(5)]; ▪ Clarify that only a member of an entity shall respond to e-polls [1 O.C. 105.11-3]; ▪ Eliminate the requirement that a member of a board, committee, or commission be Page 1 of 3 Public Packet ▪ ▪ ▪ ▪ ▪ ▪ 39 of 178 physically present during the entirety of a meeting or joint meeting in order to be eligible to receive a meeting stipend, but still require the member to be present and participate for the entire meeting through some means [1 O.C. 105.13-3, 105.13-4]; Address how technological issues during a meeting held through telecommunications is addressed and how it may affect a member’s eligibility for a meeting stipend [1 O.C. 105.13-3(d), 105.13-4(c)]; Provide that meetings and joint meetings can occur in person, by telephone, through videoconferencing, or through other telecommunications [1 O.C. 105.13-3, 105.13-4]; Revise how the limitation of stipend eligible meetings is calculated [1 O.C. 105.13-3, 105.13-4]; Clarify how eligibility for a conference or training stipend is calculated [1 O.C. 105.13-8]; Provide a deadline for a member to activate his or her e-mail address, and clarify when an ad hoc or alternate member of an entity must have an official e-mail address [1 O.C. 105.14-3(b)]; and Specify that certain positions within the Nation are ineligible to serve on a board, committee, or commission of the Nation due to the potential for a real or perceived conflict of interest to exist. [1 O.C. 105.15-3]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The LPA requires that for all proposed legislation both a legislative and fiscal analysis be developed. [1 O.C. 109.6 and 109.7]. The proposed amendments to the Boards, Committees, and Commissions law comply with these requirements. The LPA also requires that there be an opportunity for public review during a public meeting and public comment period. [1 O.C. 109.8]. A public meeting for the Boards, Committees, and Commissions law amendments was not held due to the COVID-19 pandemic. In early 2020 the world experienced a COVID-19 pandemic resulting in many countries experiencing the effects of health issues and mortality related to COVID-19 and vast economic impacts. In accordance with the Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has been extended until August 11, 2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-0610-20-A, and BC-07-08-20-A. On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the Nation’s laws, policies, procedures, regulations, or standard operating procedures during the emergency period which will be of immediate impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency. [3 O.C. 302.10-3]. Page 2 of 3 Public Packet 40 of 178 On March 24, 2020, the Nation’s COVID-19 Team made a “Safer at Home” declaration which prohibits all public gatherings of any number of people and orders all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume. On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social distancing should be practiced by all persons. Then on June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions. On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period. Although a public meeting for the Boards, Committees, and Commissions law amendments was not held, the public comment period was still held open until July 9, 2020. The Legislative Operating Committee reviewed and considered the public comments that were received on July 9, 2020, and July 16, 2020. Adoption of this resolution complies with the process and procedures of the LPA as it has been modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration. This resolution provides that the amendments to the Boards, Committees, and Commissions law would become effective on August 26, 2020, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this resolution complies with the Legislative Procedures Act as it has been modified by the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration. Page 3 of 3 Public Packet 41 of 178 Analysis to Draft 2 2020 08 22 AMENDMENTS TO THE BOARDS, COMMITTEES, and COMMISSIONS LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Analysis by the Legislative Reference Office Intent of the Proposed Amendments Purpose Affected Entities Public Meeting Fiscal Impact Allow the Business Committee Support Office to repost a vacancy for an additional time period if insufficient applications are received, as long as notification is provided to the Oneida Business Committee;  Allow the Business Committee Support Office to request additional time from the Oneida Business Committee in compiling the applications, summary of qualifications, or results of any investigation;  Clarify a deadline for when a Chairperson of a board, committee, or commission of the Nation has to submit a recommendation for an appointment to the entity for the Oneida Business Committee’s consideration;  Allow for the oath of office to be taken at an alternative time and location than during a regular or special Oneida Business Committee meeting as determined by the Secretary, as long as a quorum of the Oneida Business Committee is present to witness the oath;  Require that the entity’s bylaws provide how the entity shall approve purchases or travel on behalf of the entity, but clarify the Business Committee Support Office has budgetary sign off authority on behalf of the entity;  Require that an entity audio record all meetings;  Clarify that only a member of an entity shall respond to e-polls;  Eliminate the requirement that a member of a board, committee, or commission be physically present during the entirety of a meeting or joint meeting in order to be eligible to receive a meeting stipend, but still require the member to be present and participate for the entire meeting through some means;  Address how technological issues during a meeting held through telecommunications is address and how it may affect a member’s eligibility for a meeting stipend;  Provide that meetings and joint meetings can occur in person, by telephone, through videoconferencing, or through other telecommunications;  Revise how the limitation of stipend eligible meetings is calculated;  Clarify how eligibility for a conference or training stipend is calculated;  Provide a deadline for a member to activate his or her e-mail address, and clarify when an ad hoc or alternate member of an entity must have an official e-mail address;  Specify that certain positions within the Nation are ineligible to serve on a board, committee, or commission of the Nation due to the potential for a real or perceived conflict of interest to exist. To govern boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1] Oneida Election Board, Oneida Gaming Commission, Oneida Land Claims Commission, Oneida Land Commission, Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida Trust Enrollment Committee, Anna John Resident Centered Care Community Board, Oneida Community Library Board, Oneida Environmental Resource Board, Oneida Nation Arts Board, Oneida Personnel Commission, Oneida Police Commission, Oneida Pow Wow Committee, Oneida Nation Veterans Affairs Committee, Pardon and Forgiveness Screening Committee, Southeastern WI Oneida Tribal Services Advisory Board A public comment period was held open until July 9, 2020. A public meeting was not held in accordance with the Nation’s COVID-19 Core Decision Making Team’s declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.” A fiscal impact statement was provided by the Finance Department on July 20, 2020.  Page 1 of 16 Public Packet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 42 of 178 Analysis to Draft 2 2020 08 22 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Boards, Committees, and Commissions law (“the Law”) was first adopted by the Oneida Business Committee on August 2, 1995, for the purpose of governing boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1]. The Law was last amended on a permanent basis thorough the adoption of resolution BC-09-26-18-C, and then amended on an emergency basis through the adoption of resolutions BC-03-11-20-B and BC-0317-20-C. B. The Legislative Operating Committee proposed amendments be made to this Law to permanently adopt some of the emergency amendments that were recently made to the Law, as well as to address various considerations that arose during the one (1) year review of the Law as adopted through BC-09-26-18C. C. Table 1 illustrates the various boards, committees, and commissions of the Nation this Law applies to. This Law does not apply to the Oneida Business Committee, standing committees of the Oneida Business Committee, corporate entities, or members of the Judiciary. Table 1. Boards, Committees and Commissions of the Nation ELECTED APPOINTED  Oneida Election Board  Anna John Resident Centered Care Community  Oneida Gaming Commission Board (AJRCC)  Oneida Land Claims Commission  Oneida Community Library Board  Oneida Land Commission  Oneida Environmental Resource Board (ERB)  Oneida Nation Commission on  Oneida Nation Arts Board Aging (ONCOA)  Oneida Personnel Commission  Oneida Nation School Board  Oneida Police Commission  Oneida Trust Enrollment  Oneida Pow Wow Committee Committee  Oneida Nation Veterans Affairs Committee (ONVAC)  Pardon and Forgiveness Screening Committee  Southeastern WI Oneida Tribal Services Advisory Board (SEOTS) SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the one (1) year review of the Law as adopted through resolution BC-09-26-28-C which was then used in development of amendments to this Law and legislative analysis:  Oneida Law Office;  Business Committee Support Office;  Oneida Land Commission;  Oneida Trust Enrollment Committee;  Oneida Nation Commission on Aging;  Oneida Nation School Board;  Oneida Police Commission; Page 2 of 16 Public Packet 43 of 178 Analysis to Draft 2 2020 08 22 31 32 33 34 35 36  Oneida Personnel Commission; and  Oneida Nation Arts Board. B. The following laws were reviewed in the drafting of this analysis: Election Law, Removal law, Code of Ethics, Conflict of Interest Policy, Oneida Nation Gaming Ordinance, Computer Resources Ordinance, Social Media Policy. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 SECTION 4. PROCESS A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.  On February 12, 2020, the Oneida Business Committee adopted a motion “to request the Legislative Operating Committee to consider amendments to the Boards, Committees and Commissions law as agreed upon at the February 3, 2020, joint meeting with the Oneida Land Commission.”  The LOC added the amendments to the Active Files List on February 19, 2020.  The Oneida Business Committee adopted emergency amendments to the Law on March 11, 2020, through the adoption of resolution BC-03-11-20-B, to address ineligibility due to a conflict of interest. These emergency amendments were set to expire on September 11, 2020.  The Oneida Business Committee adopted emergency amendments to the Law on March 17, 2020, through the adoption of resolution BC-03-17-20-C, to address how meetings are held, and limitations on stipends. These emergency amendments will expire on September 17, 2020. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of these amendments:  April 23, 2020: LOC work meeting.  April 30, 2020: LOC work meeting.  May 7, 2020: LOC work meeting.  June 2, 2020: LOC work meeting.  June 4, 2020: LOC work meeting.  June 16, 2020: Oneida Business Committee work meeting.  July 9, 2020: LOC work meeting.  July 16, 2020: LOC work meeting.  July 30, 2020: LOC work meeting. C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts including effects on the stock market and the closing of all non-essential businesses. A public meeting for the proposed amendments to this Law was not held due to the COVID-19 pandemic.  Declaration of a Public Health State of Emergency.  On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, and set into place the necessary authority for action to be taken and allows the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. Page 3 of 16 Public Packet 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 44 of 178 Analysis to Draft 2 2020 08 22 On March 28, 2020, the Oneida Business Committee adopted resolution BC-03-28-20-A titled, “Extension of March 12th Declaration of Public Health State of Emergency” which extended the Nation’s Public Health State of Emergency declaration until May 12, 2020.  On May 6, 2020, the Oneida Business Committee adopted resolution BC-05-06-20-A titled, “Extension of Declaration of Public Health State of Emergency Until June 11, 2020” which further extended the Nation’s Public Health State of Emergency until June 11, 2020.  On June 10, 2020, the Oneida Business Committee adopted resolution BC-06-10-20-A titled, “Extension of Declaration of Public Health State of Emergency until July 12, 2020” which further extend the Nation’s Public Health State of Emergency until July 12, 2020.  On July 8, 2020, the Oneida Business Committee adopted resolution BC-05-06-20-A titled, “Extension of Declaration of Public Health State of Emergency Until August 11, 2020” which further extended the Nation’s Public Health State of Emergency until August 11, 2020. COVID-19 Core Decision Making Team Declarations: Safer at Home.  On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at Home” declaration which ordered all individuals present within the Oneida Reservation to stay at home or at their place of residence, with certain exceptions allowed. This declaration prohibited all public gatherings of any number of people.  On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to resume.  On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home Declaration, Amendment, Open for Business” which directs that individuals within the Oneida Reservation should continue to stay at home, businesses can re-open under certain safer business practices, and social distancing should be practiced by all persons.  On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and some restrictions. COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the Legislative Procedures Act.  On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” declaration which suspended the Legislative Procedures Act's requirement to hold a public meeting during the public comment period, but allows members of the community to still participate in the legislative process by submitting written comments, questions, data, or input on proposed legislation to the Legislative Operating Committee via e-mail during the public comment period. Although a public meeting was not held on the proposed amendments to the Boards, Committees, and Commissions law, a public comment period was still held open until July 9, 2020, in accordance with the Legislative Procedures Act and the COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.  Five (5) individuals provided a written submission during the public comment period, for a total of twenty-four (24) comments received on the proposed amendments to the Law.     SECTION 5. CONTENTS OF THE LEGISLATION Page 4 of 16 Public Packet 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 45 of 178 Analysis to Draft 2 2020 08 22 A. Reposting for Insufficient Applications. The proposed amendments to the Law allow the Business Committee Support Office to repost a vacancy for an additional time period when insufficient applications are received after the deadline date has passed for appointed positions. [1 O.C. 105.5-5]. The Law clarifies that if the number of applicants is equal to or less than the number of vacancies then it shall be determined to be an insufficient number of applicants. [1 O.C. 105.5-5(a)]. The Business Committee Support Office is required to provide the Oneida Business Committee notification that a position will be reposted. [1 O.C. 105.5-5(a)]. Previously, if an insufficient number of applications were received after the deadline date has passed for appointed positions, it was the Oneida Business Committee who could elect to repost the vacancy for an additional time period.  Effect. The proposed amendments make the process for reposting a vacancy for an additional time period when insufficient applications are received more efficient because the Business Committee Support Office can take this action immediately, as long as notification is provided to the Oneida Business Committee, instead of having to take the request to the Oneida Business Committee and wait for official action to be taken by the Oneida Business Committee as to whether to repost. Additionally, the Law now provides clarification as to what constitutes an insufficient number of applicants so that the Business Committee Support Office can repost a vacancy when insufficient applicants are received in a consistent manner. B. Appointment Selection Process. The Law provides that within eight (8) business days after the posted deadline for submitting an application, or within twenty-one (21) days of the posted deadline if the entity requires a background investigation to be completed as part of the application process, the Business Committee Support Office shall deliver all applications, along with a summary of qualifications to hold office, and the results of the background investigation if required, to each member of the Oneida Business Committee as well as the entity’s Chairperson; and place the appointment for the entity on the next executive session portion of the agenda of a regular or special Oneida Business Committee meeting in which the appointment is intended to be made. [1 O.C. 105.7-1(a)(1)-(2)]. The proposed amendments to the Law provide that if delays in compiling the applications, summary of qualifications, or results of any investigations exist, the Business Committee Support Office shall request additional time from the Oneida Business Committee to complete requirements of section 105.7-1(a)(1)-(2). [ 1 O.C. 105.7-1(a)(3)].  Effect. The proposed amendments to the Law provide flexibility to the Business Committee Support Office to request additional time to complete the compilation of materials and submission onto the next executive session portion of an Oneida Business Committee meeting if delays exist. The Business Committee Support Office identified that during the first year of this provision being in effect a situation arose where results of a drug test were not available during the twenty-one (21) day time-period. The Business Committee Support Office wants to ensure that if there are any delays in receiving results of a background investigation or drug test, additional time can be requested so that the Business Committee Support Office can ensure that all available relevant information is shared with the Oneida Business Committee and the entity’s Chairperson. C. Deadline for Recommendation for Appointment by the Chair of an Entity. The proposed amendments to the Law provide that the Chairperson of an entity may review the application materials and submit to the Business Committee Support Office a recommendation to the Oneida Business Committee of an applicant for appointment. [1 O.C. 105.7-1(b)(1)]. The recommendation shall be submitted to the Business Committee Support Office in accordance with the submission deadlines for the Oneida Business Committee meeting in which the appointment is intended to be made. [1 O.C. 105.7- Page 5 of 16 Public Packet 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 46 of 178 Analysis to Draft 2 2020 08 22 1(b)(1)(A)]. Previously, the Law simply stated that the entity’s Chairperson may have until the executive session to review the application materials and provide the Oneida Business Committee a recommendation of an applicant for appointment.  Effect. The proposed amendments to the Law provide more clarification as to a specific deadline and method for recommendations to be submitted. The Business Committee Support Office provided that how recommendations were being submitted was inconsistent, and that issues arose with recommendations being submitted once the Oneida Business Committee was already in executive session. The proposed amendment will provide more guidance to Chairs of boards, committees, and commissions to ensure they know how to properly submit a recommendation to the Oneida Business Committee. D. Oath of Office. The proposed amendments provide that all appointed and elected positions are official upon taking an oath during a regular or special Oneida Business Committee meeting, or at an alternative time and location as determined by the Secretary. [1 O.C. 105.9-1]. The Law clarifies that if an oath of office is administered outside of an Oneida Business Committee meeting, then a quorum of Oneida Business Committee members is required to be present to witness the oath. [1 O.C. 105.9-1]. Previously, the Law only allowed for an oath of office to be taken at an Oneida Business Committee meeting, although a person was allowed to appear by video conferencing equipment if granted permission by the Secretary.  Effect. The proposed amendments provide more flexibility as to when and where an oath of office can be taken. Many members of boards, committees, and commissions expressed that it was burdensome to only allow oaths of office to occur during an Oneida Business Committee meeting. This allows the Secretary to use his or her discretion to allow for an oath of office to be taken at an alternative time or place other than an Oneida Business Committee meeting. E. Requirement to Audio Record Meetings. The proposed amendments reinstate the requirement that a board, committee, or commission audio record all meetings, and the requirement that the bylaws of a board, committee, or commission address how this will be accomplished. [1 O.C. 105.10-3(f)(5)]. The emergency amendments adopted through resolution BC-03-17-20-C removed this provision from the Law due to the COVID-19 pandemic and the uncertainty of whether a board, committee, or commission will have the capability to audio record meetings.  Effect. The proposed amendment simply return this provision back to the Law. The Legislative Operating Committee determined that the requirement to audio record meetings is an important function. The Legislative Operating Committee is confident that boards, committees, and commissions have the ability to audio record meetings even if meetings have to be held remotely through telecommunications. For example, Microsoft Teams has the capability to record meetings that are held through the video call and call functions. F. Budgetary Sign Off Authority. The proposed amendments revise the requirements for how a board, committee, or commission addresses its purchases and budgetary sign off authority in its bylaws. The proposed amendments require that in its bylaws an entity identify how it shall approve purchases and travel on behalf of the entity. [1 O.C. 105.10-3(b)(6)]. The Law then provides that upon formal approval of a purchase by an entity, the Business Committee Support Office shall have official budgetary sign off authority for the entity. [1 O.C. 105.10-3(b)(6)(B)]. Previously, the bylaws were required to identify the entity’s varying levels of budgetary sign-off authority, the members that are authorized to sign-off at each level, and how the entity shall handle approving purchases or travel on behalf of the entity. [1 Page 6 of 16 Public Packet 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 47 of 178 Analysis to Draft 2 2020 08 22 O.C. 105.10-3(b)(6)]. The Law has always required that an entity follow the Nation’s policies and procedures regarding purchasing and sign off authority. [1 O.C. 105.10-3(b)(6)(A)].  Effect. Requiring that a board, committee, or commission still formally approve a purchase, but changing formal budgetary sign off authority from the board, committee, or commission to the Business Committee Support Office will allow boards, committees, and commissions to transfer to the automatic procurement process, instead of the manual paper procurement process boards, committees, and commissions have currently been using. G. Clarification for Responding to an Electronic Poll. The proposed amendments provide clarification that only a member of an entity can respond to an electronic poll, or “e-poll,” of an entity. [1 O.C. 105.11-3]. Previously, the Law provided that a response from a member of an entity shall be valid if received from an official e-mail address of the entity.  Effect. The proposed amendment provides additional clarify that it is to be the member of a board, committee, or commission himself or herself, and therefore, the use of a proxy to respond to an epoll is not allowed. G. Meetings Eligible for Stipends. The proposed amendments eliminate the requirement that a member of a board, committee, or commission be physically present during the entirety of a meeting in order to be eligible to receive a meeting stipend, although the member is still required to be present for the entirety of the meeting. [1 O.C. 105.13-3]. Meetings can occur in person, by telephone, through videoconferencing, or through other telecommunications. [1 O.C. 105.13-3]. The proposed amendments also provide that an entity shall demonstrate presence during an entire meeting by taking roll call on the record at both the beginning and conclusion of a meeting. [1 O.C. 105.13-3(c)]. Previously, the Law required that a member of a board, committee, or commission be physically present for the entirety of a meeting because meetings had to occur in person in order to be eligible for a stipend.  Effect. The proposed amendments provide more flexibility to boards, committees, and commissions of the Nation in how they can hold meetings that are eligible for a stipend. Flexibility for how a meeting is held is especially important during times such as this COVID-19 pandemic. Holding meetings by telephone, video conferencing, or other telecommunications will help eliminate any unnecessary contact between individuals which could spread COVID-19, without disrupting the ability of a board, committee, and commission to conduct business and receive a stipend for the business they are conducting. Although the Legislative Operating Committee wants to provide boards, committees, or commissions with more flexibility, it is still important that members of a board, committee, or commission participate and be present for the entirety of a meeting, especially when meetings are not held in person. For that reason, the Legislative Operating Committee included the provision on how a board, committee, or commission can demonstrate presence during a meeting through taking roll call at the beginning and end of a meeting. H. Frequency of Meeting Stipends. The proposed amendments revise how many meetings a board, committee, or commission is eligible to receive a stipend for. The proposed amendments provide that a member of an appointed entity may be eligible for up to twelve (12) meeting stipends per fiscal year, while a member of an elected entity may be eligible for up to twenty-four (24) meeting stipends per fiscal year. [1 O.C. 105.13-3(a)-(b)]. Previously, the Law provided that an individual serving on an appointed entity shall be paid no more than one (1) meeting stipend per month, while an individual serving on an elected entity shall be paid no more than two (2) meeting stipends per month.  Effect. The proposed amendments do not change the overall number of meetings a member of a board, committee, or commission may be eligible to receive per fiscal year. Providing the limitation Page 7 of 16 Public Packet 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 48 of 178 Analysis to Draft 2 2020 08 22 on number of meetings that are eligible for a stipend per fiscal year instead of per month provides boards, committees, and commissions with more flexibility in determining when stipend eligible meetings should be held. I. Joint Meetings Eligible for Stipends. The proposed amendments eliminate the requirement that a member of a board, committee, or commission be physically present during the entirety of a joint meeting with the Oneida Business Committee in order to be eligible to receive a joint meeting stipend. [1 O.C. 105.13-4]. The amendments also provide that joint meetings can occur in person, by telephone, through videoconferencing, or through other telecommunications. [1 O.C. 105.13-4].  Effect. The proposed amendments provide more flexibility to boards, committees, and commissions of the Nation in how they can hold joint meetings with the Oneida Business Committee that are eligible for a stipend  The Oneida Business Committee adopted resolution BC-03-27-19-D titled, “Oneida Business Committee and Joint Meetings with Boards, Committees and Commissions – Definitions and Impact” to set standard rules and understandings for joint meetings. Adoption of the proposed amendments result in no conflict or impact on this resolution. J. Technological Issues Affecting Presence During a Meeting. The proposed amendments provide that if a member of an entity experiences technological issues during a regular, emergency, or joint meeting held by telephone, through videoconferencing, or through other telecommunications, and the technological issue disrupts the member’s presence during the meeting, the member shall notify the entity of the technical issue as soon as possible. [1 O.C. 105.13-3(d), 1-5.13-4(c)]. The Law also allows the an exemption to the stipend eligibility requirement to be present for the entire meeting to be granted if the entity certifies by a majority vote that the member was present for a majority of the meeting despite the technological issue which disrupted the member’s presence during the meeting. [1 O.C. 105.13-3(d)(1), 1-5.13-4(c)(1)].  Effect. Since meetings may be held by telephone, through videoconferencing, or through other telecommunications it can be assumed that technological problems may arise. [1 O.C. 105.13-3, 105.13-4]. The Legislative Operating Committee added this provision to the Law to allow for exemptions so that a meeting stipend can still be paid to a member of an entity that experiences a technological problem that resulted in the member not being present for the entire meeting, but who still was present for a majority of the meeting. K. Stipends for Attendance at Conferences and Trainings. The proposed amendments provide that a member of a board, committee, or commission shall be eligible for a stipend for attending a conference or training, when attendance at the conference or training is required by law, bylaw or resolution. [1 O,C. 105.13-8(a)]. The proposed amendments further provide that the amount of the stipend a member is eligible to receive for attendance at a conference or training shall be dependent on whether the member attended up to four (4) hours of a conference or training, or more than four (4) hours of a conference or training. [1 O.C. 105.13-8(a)(1)]. Previously, the Law provided that a member shall be eligible for a stipend for each full day the member is present at a conference or training, when attendance at the conference or training is required by law, bylaw or resolution.  Effect. The proposed amendments provide clarification as to how a stipend for attendance at a conference or training will be determined. Previously, there were many questions as to how to interpret what a “full day” of attending a conference and training meant. Many members of boards, committees, and commissions expressed that requiring attendance at a conference or training be a full day was inequitable as it did not reflect the reality of many trainings and conferences being less Page 8 of 16 Public Packet 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 49 of 178 Analysis to Draft 2 2020 08 22 than a full day. The proposed amendment is modeled after how stipends for participation in interviews are handled. This will provide not only clarification on how eligibility for a stipend for attending a conference or training will be determined, but also provide more flexibility to members of boards, committees, and commissions for what trainings or conferences they are eligible to receive a stipend for. L. Official Oneida E-Mail Address. The proposed amendments provide that a member of an entity shall have thirty (30) days upon election or appointment to an entity to activate his or her official e-mail address. [1 O.C. 105.14-3(b)]. Previously, there was no deadline associated with when a member of an entity had to activate his or her account. The proposed amendments also clarify that an individual who holds a position as an ad hoc or alternate member of an entity shall be exempt from the requirement to be provided an official e-mail address, unless determined that an e-mail address is necessary for the role and responsibilities of the ad hoc or alternate member. [1 O.C. 105.14-3(c)]. Previously, the Law was not clear as to whether ad hoc or alternate members of an entity were required to be provided an official e-mail address.  Effect. The proposed amendments provide clarification for how an official e-mail address for a member of an entity should be used. A deadline for activating the e-mail account was included in the Law because the Business Committee Support Office reported issues with members not activating or using their e-mail. It is very important that a member of an entity have the e-mail address ready for use to ensure that there is a consistent form of communication available to reach all members of a board, committee, and commission, as well as to encourage and ensure confidentiality when conducting business electronically for the entity. The Law clarifies that an ad hoc or alternate member of an entity does not have to be provided an official e-mail address, unless determined that an e-mail address is necessary for the role and responsibilities of the ad hoc or alternate member, because it would not be a good utilization of resources to provide an official email address to an individual that is brought on for a temporary basis, or who will have a limited role and responsibilities. M. Ineligibility Due to Conflicts of Interest. The proposed amendments to the Law provide that due to the potential for a real or perceived conflict of interest to exist, the following individuals shall not be eligible to serve on an appointed or elected entity: political appointees; an employee of the Nation’s Internal Audit Department, Finance Administration, Law Office, Business Committee Support Office or Intergovernmental Affairs and Communications; and an employee who serves as a direct report to the Oneida Business Committee or General Manager. [1 O.C. 105.15-3]. Previously, the Law only provided that political appointees could not serve on an appointed or elected entity due to the potential for a real or perceived conflict of interest to exist.  Effect. The proposed amendments expand the restriction to serve on a board, committee, or commission from political appointees to other employees of the Nation. The potential for a real or perceived conflict of interest to exist for an employee of the Internal Audit Department, Finance Administration, Law Office, Business Committee Support Office, Intergovernmental Affairs and Communications, or any employee who holds a position as a direct report to the Oneida Business Committee or General Manager is due to the nature of employment in those areas. Those employees have access to confidential information which requires a higher level of professionalism and fiscal responsibilities than other areas. Therefore, it is in the best interest of the Nation to recognize the potential for a conflict of interest to exist and amend the Law to restrict employee related actions on this matter to better protect the Nation from a potential conflict of interest. Page 9 of 16 Public Packet 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378   50 of 178 Analysis to Draft 2 2020 08 22 Number of Employees Impacted. At the time this legislative analysis was drafted, the following number of employees would be impacted as a result of this proposed amendment to the Law:  Internal Audit Department: nine (9) employees;  Oneida Law Office: eight (8) employees;  Finance Administration Office: three (3) employees;  Intergovernmental Affairs and Communications: seven (7) employees;  Business Committee Support Office: five (5) employees; and  Direct Reports: eight (8) employees including the following positions as identified in resolution BC-08-14-19-N:  Chief Counsel;  General Manager;  Gaming General Manager;  Intergovernmental Affairs and Communications Director;  Emergency Management Director;  Area Manager, Human Resources Division;  Area Manager, Retail-Profit; and  Business Compliance Analyst. Nothing in this Law limits the ability of any department of the Nation from placing their own restrictions and expectations within employment contracts, job descriptions, or standard operating procedures. As a result, there may be employees of the Nation who are already restricted from serving on a board, committee or commission outside of this Law. SECTION 6. EXISTING LEGISLATION A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:  Election law. The Election law governs the procedures for the conduct of orderly elections of the Nation, including pre-election activities. [1 O.C. 102.1-1].  The Boards, Committees, and Commissions law provides that applications for elected positions shall be verified according to the Nation’s laws and/or policies governing elections. [1 O.C. 105.5-4].  The Boards, Committees, and Commissions law provides that all elected positions shall be nominated at a caucus called by the Oneida Election Board, or apply for ballot placement, in accordance with the Nation’s laws and/or policies governing elections, except where an entity’s bylaws allow for a vacancy to be filled by appointment. [1 O.C. 105.8-1]. Additionally, this Law provides that all other processes for the election of a member of an entity shall be as directed by the Nation’s laws and/or policies governing elections. [1 O.C. 105.8-2].  Open Records and Open Meetings law. The Open Records and Open Meetings law advances the democratic principle of open government by providing access to information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees. [1 O.C. 107.1-1].  The Boards, Committees, and Commissions law provides that all removal or destruction of documents of an entity shall be made in accordance with the Nation’s laws and policies governing open records and open meetings. [1 O.C. 105.14-2]. Page 10 of 16 Public Packet 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 51 of 178 Analysis to Draft 2 2020 08 22 Computer Resources Ordinance. The Computer Resources Ordinance regulates the usage of computer resources owned and operated by the Nation. [2 O.C. 215.1-1].  The Boards, Committees, and Commissions law provides that a member of an entity shall sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(b)].  Social Media Policy. The Social Media Policy regulates social media accounts, including a social networking web page, blog or microblog, that is administered on behalf of the Nation or an entity of the Nation. [2 O.C. 218.1-1].  The Boards, Committees, and Commissions law provides that a member of an entity shall sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(b)].  Conflict of Interest law. The purpose of the Conflict of Interest law is to ensure that all employees, contractors, elected officials, officers, political appointees, appointed and elected members and all others who may have access to information or materials that are confidential or may be used by competitors of the Nation’s enterprises or interests be subject to specific limitations to which such information and materials may be used in order to protect the interests of the Nation. [2 O.C. 217.11].  The Boards, Committees, and Commissions law provides that all members of an entity are required to adhere to the Nation’s laws and policies governing conflicts of interest. [1 O.C. 105.15-1].  Removal law. The Removal law provides an orderly and fair process that governs the removal of persons elected to serve on boards, committees, and commissions of the Nation. [1 O.C. 104.1-1]. The Removal law provides the various grounds for removal [1 O.C. 104.4-1], as well as the removal process which consists of a petition [1 O.C. 104.5], preliminary review [1 O.C. 104.6], hearing at the Judiciary [1 O.C. 104.7], and ultimate decision by the General Tribal Council [1 O.C. 104.8].  The Boards, Committees, and Commissions law provides that any elected member of an entity found to be in violation of this Law may be subject to removal pursuant to any laws or policies of the Nation governing removal. [1 O.C. 105.18-1].  The Boards, Committees, and Commissions law also provides that a position in an entity shall be considered vacant upon removal whenever the removal is effective in accordance to any law or policy of the Nation regarding removal. [1 O.C. 105.6-2(b)]. B. References to Conflicts of Interest in Other Laws. The following laws of the Nation reference conflict of interest as it relates to employees and elected or appointed officials of the Nation. Employees and/or elected and appointed officials are already subject to comply with the following provisions within other laws:  Conflict of Interest law. The Conflict of Interest law applies to “all agents, elected officials, officers, political appointees, contractors, appointed and or elected members.” [2 O.C. 217.4-1].  The Conflict of Interest law requires employees and elected or appointed officials to disclose any conflicts of interest.  Failure to disclose a conflict of interest may result in removal in accordance with the Removal law, penalties pursuant to laws of the Nation regarding penalties, or termination of employment. [2 O.C. 217.6-2 and 217.6-3].  Page 11 of 16 Public Packet 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 52 of 178 Analysis to Draft 2 2020 08 22 When an existing conflict of interest is disclosed, no employee, elected official, or appointed official may participate in the selection, award or administration of a contract, including contracts supported by federal award and/or any other prohibited activities identified in any other law, policy or rule of the Nation. [2 O.C. 217.7].  There is no conflict with the proposed amendments and compliance with the Conflicts of Interest law. Upon adoption of the proposed amendments, serving on a board, committee, or commission of the Nation while being employed in the Internal Audit Department, Law Office, Finance Administration Office, or Intergovernmental Affairs and Communications, or employed in a position that serves as a direct report to the Oneida Business Committee will become a “prohibited activity identified in a law of the Nation” in accordance with the Conflict of Interest law. Code of Ethics law. The Code of Ethics law promotes the highest ethical conduct in all of its elected and appointed officials and employees and represents a minimum standard of conduct which is expected. [1 O.C. 103.1-1]. All government officials, including persons elected to serve on a board, committee or commission are subject to the Nation’s Code of Ethics law.  The Code of Ethics law provides that a government official shall create and maintain an independent and honorable political system and shall observe high standards of conduct… including, but not limited to:” [1 O.C. 103.3-3(a)].  Encouraging separation between departments or entities of tribal government, and should avoid contact or duty that violates such a separation.  Avoid participation in action or decision making (except where participation is in accordance with the traditions of the Nation) that would present an appearance of conflict of interest or an actual conflict of interest.  The Code of Ethics law provides that a government official should disqualify themselves when their action or inaction might reasonably be questioned, including, but not limited to personal bias…” [1 O.C. 103.3-5].  The Code of Ethics law provides that a government official shall regulate their extra governmental activities to minimize the risk of conflict with duties of their office.” [1 O.C. 103.3-6].  The Code of Ethics law provides that government officials may be subject to either removal, if elected, or termination, if appointed, for a violation of any part of this ethics code as it applies to them.” [1 O.C. 103.6-1].  There is no conflict between the proposed amendments and compliance with the Code of Ethics law. Election law. The Election law states that “No applicant may have a conflict of interest with the position for which they are being considered, provided that any conflict of interest which may be eliminated within thirty (30) calendar days of being elected shall not be considered as a bar to nomination or election.” [1 O.C. 102.5-3].  This means that although the proposed amendments to the Boards, Committees, and Commissions law prohibit employees of the Internal Audit Department, Law Office, Finance Administration Office, Intergovernmental Affairs and Communications, or any person employed in a position that serves as a direct report to the Oneida Business Committee from serving on a board, committee, or commission of the Nation, those    Page 12 of 16 Public Packet 467 468 469 470 471 472 473 474 475 476 477 478 479 480 53 of 178 Analysis to Draft 2 2020 08 22 individuals may still be nominated for office, run in an election, and win election to a board, committee or commission. However, the winning candidate would have to eliminate their conflict of interest prior to taking office by resigning from their position of employment. C. Restrictions on Employees in Current Bylaws. Boards, committees and commissions may place additional qualifications for membership within their bylaws. Bylaws are a document that provides a framework for the operation and management of a board, committee or commission. Examples of these qualifications include age, residency, education, and experience. Some boards already place restrictions on whether employees of the Oneida Nation may serve on their entity. Below is a review of current restrictions on employees of the Nation. For a full review of qualifications for each entity, please see each entity’s bylaws. Table 2. Restrictions on Employees in Current Bylaws. Board, Committee or Employees who may not serve on that entity: Commission Land Commission Employees of the Nation’s Audit Department, Finance Department, Law Office “or other department associated with items (a) – (j) in section 1-3 of the Land Commission bylaws: • the Real Property law, • Leasing law, • Building Code, • Condominium Ordinance, • Zoning and Shoreland Protection law, • Eviction and Termination law, • Mortgage and Foreclosure law, • the Cemetery law, • and any other delegating law, policy, rule and/or resolution of the Nation Division Directors or Area Managers for the Oneida Nation, Independent contractor for Land Management or any other department of the Nation associated with items (a) – (j) Anna John Resident Employees of Anna John Resident Centered Care Centered Care Community Community. Board Oneida Community Employees or contractors of any Oneida Nation Library Library Board Branch. Oneida Environmental Employees of the Oneida Environmental, Health, Safety and Resource Board (ERB) Land Division Oneida Nation Arts Board Employees of the Oneida Nation Arts Board. Oneida Personnel Employees of the Oneida Nation. Commission Oneida Police Commission Employees of the Oneida Police Department or individuals terminated from the Oneida Police Department. Oneida Land Claims Shall not serve in the capacity of “consultant, contractor or Commission attorney for the Land Claims Commission.” D. Restrictions on Employees in Current Laws. The following laws of the Nation already restrict certain employees of the Nation from serving on certain boards, committees and commissions of the Nation: Page 13 of 16 Public Packet 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 54 of 178 Analysis to Draft 2 2020 08 22 Table 3. Restrictions on Employees in Other Laws of the Nation. Law or Bylaw Entity Restrictions on Oneida Nation Employees Oneida Law Oneida Police “Must not be an employee of the Oneida Enforcement Commission Police Department” [3 O.C. 301.6-3(e)]. Ordinance Oneida Nation Oneida Gaming “Commissioners shall perform duties… on a Gaming Commission full-time basis… and may not, during tenure in office, be engaged in any other profession Ordinance or business activity…” [5 O.C. 501.6-9]. SECTION 7. OTHER CONSIDERATIONS A. Updates to the Stipend Resolution. The Law requires that the Oneida Business Committee set stipend amounts by resolution. [1 O.C. 105.13-2]. On September 26, 2018, the Oneida Business Committee adopted resolution BC-09-26-18-D titled, “Boards, Committees, and Commissions Law Stipends” which set forth the specific stipend amounts allowed to be paid to a member of a board, committee, or commission. On May 8, 2019, the Oneida Business Committee adopted resolution BC-05-08-19-B titled, “Amending Resolution BC-09-26-18-D Boards, Committees, and Commissions Law Stipends” to allow the Oneida Nation School Board to be eligible to receive a stipend for participating in interviews and/or job description prescreens. Then on March 17, 2020, the Oneida Business Committee adopted resolution BC-03-17-20-D titled, “Amending Resolution BC-05-18-19-B Boards, Committees, and Commissions Law Stipends” to address emergency amendments that were made to the Law. Based on the proposed amendments, revisions to resolution BC-03-17-20-D will have to be made to permanently reflect the new proposal on how to address the limitation of meeting stipends, as well as how stipends for conferences and tr [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A1e37dc96c4dffd8a. Public record. Not legal advice.