# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2146bea6767ff89a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 172 Oneida Business Committee Regular Meeting 8:30 AM Wednesday, October 28, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. NOTICE All regular, special, and emergency Business Committee meetings are closed to the public for the duration of the Public Health State of Emergency. This is preventative measure as a result of the COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee. Video recordings are made of regular meetings of the Business Committee. All recordings are available on the Nation's website at: https://oneida-nsn.gov/government/businesscommittee/recordings/ If you have comments regarding open session items, please submit them to TribalSecretary@oneidanation.org no later than close of business the day prior to a Business Committee meeting. Comments will be noticed to the Business Committee. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. Oneida Election Board - Tracy Smith Candace House Sponsor: Lisa Liggins, Secretary MINUTES A. Approve the October 14, 2020, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 4 October 28, 2020 Public Packet VI. VII. 2 of 172 RESOLUTIONS A. Adopt resolution entitled Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures Act Sponsor: David P. Jordan, Councilman B. Adopt resolution entitled Discretion Regarding the Transfer of Cases under the Children’s Code Sponsor: David P. Jordan, Councilman C. Adopt resolution entitled Approval of a Dementia Caregiver Research Study Sponsor: Debbie Thundercloud, General Manager D. Enter the e-poll results into the record regarding adopted resolution 10-08-20-A Extension of Declaration of Public Health State of Emergency Until November 13, 2020 Sponsor: Lisa Liggins, Secretary APPOINTMENTS A. VIII. Determine next steps regarding one (1) Community-at-Large vacancy - Oneida Nation School Board Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. B. FINANCE COMMITTEE 1. Accept the October 5, 2020, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the October 19, 2020, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept the October 7, 2020, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Children's Code Implementation additional six month review Sponsor: David P. Jordan, Councilman 3. Accept the Curfew law one year review Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 4 October 28, 2020 Public Packet IX. 3 of 172 UNFINISHED BUSINESS A. X. XI. Review implementation of resolution BC-08-12-20-H and determine next steps Sponsor: Lisa Liggins, Secretary NEW BUSINESS A. Research Request: University of Wisconsin-Addressing Alzhiemer's disease and Related Dementias Deparities: The American Indigenous Congnitive Assessment (AMICA) Project Sponsor: Debbie Thundercloud, General Manager B. Review tribal member request to build a drug detox center and determine next steps Sponsor: Shannon Hill, Tribal Member C. Approve two (2) actions regarding a judicial vacancy Sponsor: Lisa Liggins, Secretary D. Accept the resignation of BC DR17-04 Sponsor: Tehassi Hill, Chairman E. Approve the CY2021 Business Committee Standing Meeting Schedule Sponsor: Lisa Liggins, Secretary F. Enter the e-poll results into the record regarding the approved CRF Government Relief Funds Requests for the requests identified in memoranda dated October 16, 2020 Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. B. REPORTS 1. Accept the Intergovermental Affairs, Communications, and Self-Governance October 2020 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 2. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel UNFINISHED BUSINESS 1. Review the Budgets submitted in accordance with 3.4.5. of the Management Agreement (10:00 a.m.) Sponsor: Eric McLester, Agent/Oneida Golf Enterprise Oneida Business Committee Regular Meeting Agenda Page 3 of 4 October 28, 2020 Public Packet 4 of 172 C. XII. NEW BUSINESS 1. Accept the GTC Legal Resource Center report (10:30 a.m.) Sponsor: Tehassi Hill, Chairman 2. Review the posting request and determine next steps - Economic Support (11:00 a.m.) Sponsor: Debbie Thundercloud, General Manager 3. Adopt resolution entitled Naming Individuals as Authorized Persons for SagePoint Accounts Sponsor: Tina Danforth, Treasurer 4. Review application(s) for one (1) Community-at-Large vacancy - Oneida Nation School Board Sponsor: Lisa Liggins, Secretary 5. Enter the e-poll results into the record regarding the approved recall request from the Chief Financial Officer for one (1) Training Specialist Sponsor: Lisa Liggins, Secretary 6. Enter the e-poll results into the record regarding the approved request from Retail Enterprise to maintin a mininumn staffing level Sponsor: Lisa Liggins, Secretary 7. Enter the e-poll results into the record regarding the approved request from Human Resources for one (1) recruiter Sponsor: Lisa Liggins, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 4 of 4 October 28, 2020 Public Packet 5 of 172 Oneida Business Committee Agenda Request Oneida Election Board - Tracy Smith Candace House 1. Meeting Date Requested: 10 / 28 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Tracy Smith and Candace House for the Oneida Election Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Liggins, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 6 of 172 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On October 14, 2020 the Oneida Business Committee appointed Tracy Smith and Candace House to the Oneida Election Board. 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 7 of 172 Approve the October 14, 2020, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 10/28/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS Public Packet 8 of 172 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, October 14, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Minutes REGULAR MEETING Present: Chairman Tehassi Hill, Treasurer Tina Danforth, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster; Not Present: n/a Arrived at: Vice-Chairman Brandon Stevens at 8:32 a.m.; Others present: Jo Anne House, Larry Barton, Debbie Thundercloud (via Microsoft Teams1), Chad Wilson, Danelle Wilson, Ivory Kelly (via Microsoft Teams), Jackie Smith (via Microsoft Teams), Pat Pelky (via Microsoft Teams), Louise Cornelius (via Microsoft Teams), Chad Fuss (via Microsoft Teams), James Bittorf (via Microsoft Teams), Geraldine Danforth (via Microsoft Teams); I. CALL TO ORDER Meeting was called to order by Chairman Tehassi Hill at 8:31 a.m. II. OPENING (00:00:12) Opening provided by Chairman Tehassi Hill. Vice-Chairman Brandon Stevens arrived at 8:32 a.m. III. ADOPT THE AGENDA (00:03:59) Motion by Kirby Metoxen to adopt the agenda with one (1) change [add item X.C.9. Review the draft HRD realignment plan and determine next steps], seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Opposed: Tina Danforth, Daniel Guzman King, Jennifer Webster For the record: Treasurer Tina Danforth stated I oppose the addition, but I do support the agenda. 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 14 October 14, 2020 Public Packet 9 of 172 DRAFT IV. MINUTES A. Approve the August 26, 2020, regular Business Committee meeting minutes (00:08:35) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve the August 26, 2020, regular Business Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. Approve the September 9, 2020, special Business Committee meeting minutes (00:09:03) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to approve the September 9, 2020, special Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster C. Approve the September 23, 2020, regular Business Committee meeting minutes (00:09:29) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to approve the September 23, 2020, regular Business Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster D. Approve the October 5, 2020, emergency Business Committee meeting minutes (00:09:53) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to approve the October 5, 2020, emergency Business Committee meeting minutes, seconded by Tina Danforth. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 14 October 14, 2020 Public Packet 10 of 172 DRAFT V. RESOLUTIONS A. 2020-2023 OBC LIAISON, REPRESENTATIVE, AND STANDING COMMITTEE ASSIGNMENTS Sponsor: Jo Anne House, Chief Counsel 1. Adopt resolution entitled Oneida Business Committee 2020-2023 Term Appointment of Liaison Responsibilities for Organization (00:11:01); (00:32:04) Motion by Jennifer Webster to adopt resolution 10-14-20-A Oneida Business Committee 2020-2023 Term Appointment of Liaison Responsibilities for Organization, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item V.A.2. was addressed next. Motion by Lisa Liggins to reconsider item V.A.1. Adopt resolution entitled Oneida Business Committee 2020-2023 Term Appointment of Liaison Responsibilities for Organization, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Opposed: Tina Danforth Motion by Lisa Liggins to amend resolution # BC-10-14-20-A in three (3) sections: 1) in reference # L40, change Marie Summers to Primary Liaison and Kirby Metoxen to Alternate; 2) in reference # R1, delete Cristina Danforth; and 3) in reference # R16, change Marie Summers to Primary Representative and Kirby Metoxen to Alternate, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Tina Danforth Item V.A.17. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 3 of 14 October 14, 2020 Public Packet 11 of 172 DRAFT 2. Adopt resolution entitled Designated Representative to Great Lakes Inter-Tribal Council (00:11:37) Motion by Lisa Liggins to adopt resolution 10-14-20-B Designated Representative to Great Lakes InterTribal Council with two (2) changes [1) delete lines 25-27; and 2) in line 29, delete Cristina Danforth, Treasurer], seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Jennifer Webster Abstained: Tina Danforth, Kirby Metoxen, Marie Summers Amendment to the main motion by Lisa Liggins that this resolution can be amended once the perceived conflict is resolved, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Jennifer Webster Abstained: Tina Danforth, Marie Summers For the record: Treasurer Tina Danforth stated I believe my duty as a tribal leader and my historical knowledge is more valuable than a perceived conflict of interest in this particular case. I believe that one, I wasn't consulted with, nor was the Committee afforded to opportunity to discuss this until today so I didn't think it'd be a conflict. I don't believe it is a conflict and it could have been addressed more timely, more appropriately. Thank you. 3. Adopt resolution entitled Designated Representative to Haskell Indian Nations University National Board of Regents (00:20:50) Motion by David P. Jordan to adopt resolution 10-14-20-C Designated Representative to Haskell Indian Nations University National Board of Regents, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 4. Adopt resolution entitled Designated Representative to Hobart, Ashwaubenon, Lawrence, Oneida “HALO” (00:23:07) Motion by Kirby Metoxen to adopt resolution 10-14-20-D Designated Representative to Hobart, Ashwaubenon, Lawrence, Oneida “HALO”, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 5. Adopt resolution entitled Designated Representative to Midwest Alliance of Sovereign Tribes (00:23:38) Motion by Kirby Metoxen to adopt resolution 10-14-20-E Designated Representative to Midwest Alliance of Sovereign Tribes, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 14 October 14, 2020 Public Packet 12 of 172 DRAFT 6. Adopt resolution entitled Appointing Delegates to the National Congress of American Indians (00:24:03) Motion by David P. Jordan to adopt resolution 10-14-20-F Appointing Delegates to the National Congress of American Indians, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 7. Adopt resolution entitled Designating Primary and Alternate Delegates to the National Indian Gaming Association (00:24:25) Motion by David P. Jordan to adopt resolution 10-14-20-G Designating Primary and Alternate Delegates to the National Indian Gaming Association, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 8. Adopt resolution entitled Designated Representative to Native American Finance Officers Association (00:25:28) Motion by Lisa Liggins to adopt resolution 10-14-20-H Designated Representative to Native American Finance Officers Association, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 9. Adopt resolution entitled Designated Representative to Native American Tourism of Wisconsin (00:25:50) Motion by Jennifer Webster to adopt resolution 10-14-20-I Designated Representative to Native American Tourism of Wisconsin, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers, Jennifer Webster Abstained: Kirby Metoxen 10. Adopt resolution entitled Designated Representative to Natural Resource Damage Assessment Trustee Council (00:26:12) Motion by Kirby Metoxen to adopt resolution 10-14-20-J Designated Representative to Natural Resource Damage Assessment Trustee Council, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 11. Adopt resolution entitled Appointing Representatives to the Environmental Protection Agency Regional Tribal Operations Committee (00:26:37) Motion by David P. Jordan to adopt resolution 10-14-20-K Appointing Representatives to the Environmental Protection Agency Regional Tribal Operations Committee, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 14 October 14, 2020 Public Packet 13 of 172 DRAFT 12. Adopt resolution entitled Continued Support of Patricia King on the Treasury Tribal Advisory Committee (00:27:03) Motion by Lisa Liggins to defer the resolution entitled Continued Support of Patricia King on the Treasury Tribal Advisory Committee to the November 12, 2020, regular Business Committee meeting agenda and direct the Intergovernmental Affairs Director to complete the appropriate follow-up, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 13. Adopt resolution entitled Appointment of Councilwoman Jennifer Webster to the Center for Medicaid & Medicare Services Tribal Technical Advisory Group (00:27:03) Motion by Lisa Liggins to adopt resolution 10-14-20-L Appointment of Councilwoman Jennifer Webster to the Center for Medicaid & Medicare Services Tribal Technical Advisory Group, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers Abstained: Jennifer Webster 14. Adopt resolution entitled Designated Representative to the State of Wisconsin Special Committee on State-Tribal Relations (00:28:59) Motion by David P. Jordan to adopt resolution 10-14-20-M Designated Representative to the State of Wisconsin Special Committee on State-Tribal Relations, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 15. Adopt resolution entitled Reaffirming Support for Jennifer Webster, Councilwoman as Representative to Wisconsin Minority Health Leadership Council (00:29:42) Motion by Lisa Liggins to adopt resolution 10-14-20-N Reaffirming Support for Jennifer Webster, Councilwoman as Representative to Wisconsin Minority Health Leadership Council, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 16. Adopt resolution entitled Designated Representative to the Wisconsin Department of Corrections Religious Practices Advisory Committee (00:30:24) Motion by Lisa Liggins to adopt resolution 10-14-20-O Designated Representative to the Wisconsin Department of Corrections Religious Practices Advisory Committee, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 6 of 14 October 14, 2020 Public Packet 14 of 172 DRAFT 17. Adopt resolution entitled Designated Representative to the State of Wisconsin Department of Transportation Tribal Labor Advisory Committee (00:30:48); (00:40:40) Motion by Lisa Liggins to adopt resolution 10-14-20-P Designated Representative to the State of Wisconsin Department of Transportation Tribal Labor Advisory Committee, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item V.A.18. was addressed next. Motion by Lisa Liggins to reconsider item V.A.17. Adopt resolution entitled Designated Representative to the State of Wisconsin Department of Transportation Tribal Labor Advisory Committee, seconded by Daniel Guzman King. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Daniel Guzman King to amend resolution # BC-10-14-20-P to reflect Marie Summers as Primary Liaison and Kirby Metoxen as Alternate, seconded by David P. Jordan2. Motion carried: Ayes: Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Treasurer Tina Danforth left at 9:14 a.m. Councilman David P. Jordan left at 9:15 a.m. Amendment to the main motion by Lisa Liggins to amend resolution # BC-10-14-20-P in two (2) areas: 1) in 21, delete Daniel Guzman and insert Marie Summers; and 2) in lines 28-29, delete Daniel Guzman and insert Marie Summers, seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Item VI.A. was addressed next. 18. Adopt resolution entitled Support for Tehassi Hill, Chairman as Representative on the Wisconsin Diversity Task Force (00:31:12) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to adopt resolution 10-14-20-Q Support for Tehassi Hill, Chairman as Representative on the Wisconsin Diversity Task Force, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 2 Councilman David P. Jordan was present to support the motion but left during discussion and was not present during voting. Oneida Business Committee Regular Meeting Minutes Page 7 of 14 October 14, 2020 Public Packet 15 of 172 DRAFT 19. Adopt resolution entitled Designated Tribal Representative to the North American Indigenous Games (00:31:39) Motion by David P. Jordan to adopt resolution 10-14-20-R Designated Tribal Representative to the North American Indigenous Games, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item V.A.1. was re-addressed next. VI. APPOINTMENTS A. Determine next steps regarding two (2) vacancies - Oneida Election Board (00:45:32); (01:01:45) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer this item until after Executive Session, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Item VII.A.1. was addressed next. Motion by Lisa Liggins to appoint Tracy Smith with a term ending July 31, 2021, and Candace House with a term ending July 31, 2022, to the Oneida Election Board, seconded by Marie Summers. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item X.A.1. was addressed next. VII. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the August 19, 2020, regular Legislative Operating Committee meeting minutes (00:46:02) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the August 19, 2020, regular Legislative Operating Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 8 of 14 October 14, 2020 Public Packet 16 of 172 DRAFT 2. Accept the August 28, 2020, Legislative Operating Committee officer selection meeting minutes (00:46:30) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the August 28, 2020, Legislative Operating Committee officer selection meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth, David P. Jordan VIII. NEW BUSINESS A. Review the Cage/Vault/Kiosk (Chapter 10) Oneida Gaming Minimum Internal Controls and determine appropriate next steps (00:46:58) Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission Councilman David P. Jordan returned at 9:21 a.m. Motion by Lisa Liggins to accept the notice of the Oneida Gaming Minimum Internal Controls for Cage/Vault/Kiosk (Chapter 10) approved by the Oneida Gaming Commission on October 1, 2020, and direct notice to the Oneida Gaming Commission there are no requested revisions under § 501.6-14(d), seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth B. Review the Information Technology and Information Technology Data (Chapter 11) Oneida Gaming Minimum Internal Controls and determine appropriate next steps (00:49:40) Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission Motion by Lisa Liggins to accept the notice of the Oneida Gaming Minimum Internal Controls for Information Technology and Information Technology Data (Chapter 11) approved by the Oneida Gaming Commission on October 1, 2020, and direct notice to the Oneida Gaming Commission there are no requested revisions under § 501.6-14(d), seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth Oneida Business Committee Regular Meeting Minutes Page 9 of 14 October 14, 2020 Public Packet 17 of 172 DRAFT C. Research Request: Reed-University of San Diego-Oneida College Lacrosse Players’ Perspective of the Sacred Game of Lacrosse (00:51:10) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to approve the research request [Reed-University of San Diego-Oneida College Lacrosse Players’ Perspective of the Sacred Game of Lacrosse], consistent with resolution # BC-05-08-19-A and in accordance with the comments in the memorandum from Chief Counsel dated October 2, 2020 [a) Resolve #2(3), Mr. Reed is required to submit the final draft research paper for review; b) Resolve #2(4), Mr. Reed is required to submit a copy of the published work and can request to present the research findings to the Oneida Business Committee; c) Resolve #5, any further use of this research information is subject to authorization by the Oneida Business Committee; and d) The conflict of publishing identities and data regarding co-collaborators shall be clarified and approved by the Chief Counsel prior to conducting the research], seconded by Brandon Stevens. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Not Present: Tina Danforth D. Review implementation of resolution BC-08-12-20-H and determine next steps (00:54:05) Sponsor: Lisa Liggins, Secretary Treasurer Tina Danforth returned at 9:27 a.m. Motion by Lisa Liggins to defer the discussion regarding the implementation of resolution BC-08-12-20H to the October 28, 2020, regular Business Committee meeting agenda, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster E. Enter the e-poll results into the record regarding the approved CRF Government Relief Funds Requests - file # 9-6-001, file # 9-4-003, file # 9-6-004, and file # 9-3006 (00:58:42) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved CRF Government Relief Funds Requests - file # 9-6-001, file # 9-4-003, file # 9-6-004, and file # 9-3-006, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster F. Enter the e-poll results into the record regarding the approved letter of reconsideration to Rehabilitative Services Administration (RSA) (00:59:24) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved letter of reconsideration to Rehabilitative Services Administration (RSA), seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 10 of 14 October 14, 2020 Public Packet 18 of 172 DRAFT G. Enter the e-poll results into the record regarding the approved letter to the President (00:59:52) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved letter to the President, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster IX. GENERAL TRIBAL COUNCIL A. PETITIONER MICHAEL DEBRASKA 1. Accept the statement of effect (01:00:19) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the statement of effect, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster X. EXECUTIVE SESSION (01:00:48); (01:01:28) Roll call for the record: Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Council Member Marie Summers; Councilwoman Jennifer Webster; Motion by David P. Jordan to go into executive session at 9:32 a.m., seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster The Oneida Business Committee, by consensus, recessed at 12:04 p.m. to 1:30 p.m. Meeting called to order by Chairman Tehassi Hill at 1:30 p.m. Motion by Lisa Liggins to come out of executive session at 2:48 p.m., seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Item VI.A. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 11 of 14 October 14, 2020 Public Packet 19 of 172 DRAFT A. REPORTS 1. Accept the Chief Counsel report (01:02:44) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 2. Accept the General Manager report (01:03:01) Sponsor: Debbie Thundercloud, General Manager Motion by David P. Jordan to accept the General Manager report, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Lisa Liggins to direct the General Manager to bring a report to open session regarding Headstart and Early Headstart to be presented at the November 12, 2020, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Motion by Lisa Liggins to request the OBC Liaison to the Oneida Land Commission to schedule a joint meeting to discuss the MOA [between the Oneida Business Committee and the Oneida Land Commission], seconded by Tina Danforth. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster B. TABLED BUSINESS 1. Joint Marketing Standard Operating Procedures regarding Merchandise Distribution (tabled 4/8/20; no action requested) Tickets & Item was not addressed. C. NEW BUSINESS 1. Determine next steps regarding the 2020 Gaming compact payment (01:04:18) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Liggins to support the Finance recommendation regarding the 2020 Gaming compact payment in the memorandum dated October 12, 2020, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 12 of 14 October 14, 2020 Public Packet 20 of 172 DRAFT 2. Review application(s) for two (2) vacancies - Oneida Election Board (01:05:18) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the discussion regarding the application(s) for two (2) vacancies on the Oneida Election Board as information, seconded by David P. Jordan. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 3. Enter the e-poll results into the record regarding the approved recall request from Environmental, Health, Safety and Land Division for one (1) SanitarianTrainee (01:05:50) Sponsor: Lisa Liggins, Secretary Motion by Brandon Stevens to enter the e-poll results into the record regarding the approved recall request from Environmental, Health, Safety and Land Division for one (1) Sanitarian-Trainee, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 4. Enter the e-poll results into the record regarding the approved recall request from Comprehensive Health Division for 55 positions (01:06:15) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved recall request from Comprehensive Health Division for 55 positions, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 5. Enter the e-poll results into the record regarding the approved recall request from the General Manager for three (3) Custodians and the approved request from the Division of Public Works to maintain staffing level of 46 (01:06:35) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved recall request from the General Manager for three (3) Custodians and the approved request from the Division of Public Works to maintain staffing level of 46, seconded by Kirby Metoxen. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 6. Enter the e-poll results into the record regarding the approved employment contract amendments for BC DR17-04 and BC DR18 - file # 2020-0464 and file # 2020-0467 (01:07:00) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved employment contract amendments for BC DR17-04 and BC DR18 - file # 2020-0464 and file # 20200467, seconded by Lisa Liggins. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 13 of 14 October 14, 2020 Public Packet 21 of 172 DRAFT 7. Enter the e-poll results into the record regarding the approved recall request from the Gaming General Manager for one (1) Administrative Assistant (01:07:30) Sponsor: Lisa Liggins, Secretary Motion by Kirby Metoxen to enter the e-poll results into the record regarding the approved recall request from the Gaming General Manager for one (1) Administrative Assistant, seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 8. Enter the e-poll results into the record regarding the approved recall request from the General Manager for two (2) Community Involvement Coordinators, one (1) Administrative Assistant, and one (1) Resident Services Specialist (01:07:50) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved recall request from the General Manager for two (2) Community Involvement Coordinators, one (1) Administrative Assistant, and one (1) Resident Services Specialist, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster 9. Review the draft HRD realignment plan and determine next steps (01:08:14) Sponsor: Geraldine Danforth, HR Area Manager Motion by Lisa Liggins to designate a cross-functional team to work with the HR Area Manager to develop the HRD realignment plan, that the team include the Gaming General Manager, General Manager, Retail General Manager, Chief Financial Officer, Chief Counsel. Vice-Chairman Brandon Stevens and Councilwoman Marie Summers, and that the final plan be brought back to the Business Committee in February 2021 for approval, seconded by Jennifer Webster. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster XI. ADJOURN (01:08:47) Motion by David P. Jordan to adjourn at 3:56 p.m., seconded by Brandon Stevens. Motion carried: Ayes: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Minutes prepared by Lisa Liggins, Secretary. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 14 of 14 October 14, 2020 Public Packet 22 of 172  Adopt resolution entitled Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures.   /  /                                      Public Packet Oneida Nation 23 of 172 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 # Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures Act 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 Legislative Procedures Act was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the purpose of ensuring there is a standard process for the development of legislation for the Nation; and WHEREAS, the Legislative Procedures Act delegates authority to the Legislative Operating Committee for the development of legislation of the Nation; and WHEREAS, the Legislative Operating Committee has created procedural mechanisms to implement the Legislative Procedures Act which focus on generating public and organizational input and transparency assisted by new technologies; and WHEREAS, section 109.6-1 of the Legislative Procedures Act requires the development of a Fiscal Impact Statement which is an estimate of the total fiscal year financial effects associated with legislation and includes startup costs, personnel, office, documentation costs, as well as an estimate of the amount of time necessary for an individual or agency to comply with the law after implementation; and WHEREAS, a Fiscal Impact Statement is required prior to legislation being forwarded to the Oneida Business Committee for consideration; and WHEREAS, the Legislative Procedures Act provides that the Legislative Operating Committee may direct any affected agency who may receive funding if the legislation is enacted, may administer a program if legislation is enacted, may have financial information concerning the subject matter of the legislation, or the Finance Department to submit the Fiscal Impact Statement; and WHEREAS, although not required for a public meeting, the Legislative Operating Committee has determined that having a Fiscal Impact Statement for the public meeting is important in providing transparency and understanding the full impact of a proposed law while at the same time recognizing the limited resources and time available from the Finance Department to develop multiple Fiscal Impact Statements; and WHEREAS, the Legislative Operating Committee had determined that Fiscal Impact Statements from affected agencies and affected individuals will be informative during the legislative development processes and public meeting discussion; and Public Packet 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 24 of 172 BC Resolution _____________ Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures Act Page 2 of 3 WHEREAS, the Legislative Operating Committee identified that the provisions of the Legislative Procedures Act regarding the Fiscal Impact Statement required clarification as to which entity would be directed to complete a Fiscal Impact Statement at which stage of the legislative process, but that this issue did not rise to the level of requiring amendments to the law; and WHEREAS, in order to provide clarification as to how Fiscal Impact Statements in the Legislative Procedures Act would be interpreted, the Oneida Business Committee adopted resolution BC-09-25-19-A titled, “Interpreting ‘Fiscal Impact Statement’ in the Legislative Procedures Act” which provided the following: “the Fiscal Impact Statement required in section 109.61 of the Legislative Procedures Act shall be applied as follows. 1. Fiscal Impact Statements for use during a Public Meeting. When developing a Fiscal Impact Statement for proposed legislation to be used in a public meeting scheduled under section 109.8-2, the Legislative Operating Committee may use any agency who: a. may receive funding if the legislation is enacted; b. may administer a program if the legislation is enacted; or c. may have financial information concerning the subject matter of the legislation. 2. Fiscal Impact Statements for use during Consideration of Adoption. When developing a Fiscal Impact Statement for proposed legislation to be used for presentation to and consideration of adoption by the Oneida Business Committee and/or General Tribal Council under section 109.9-1, the Finance Department shall, within ten (10) business days of final approval of draft legislation by the Legislative Operating Committee, send a Fiscal Impact Statement to the Legislative Operating Committee for inclusion in adoption materials. WHEREAS, the Legislative Operating Committee determined that it is impracticable to limit the development of Fiscal Impact Statements for use during consideration of adoption to solely the Finance Department when the Legislative Procedures Act affords more flexibility; and WHEREAS, the Legislative Operating Committee, for purposes of standardizing the interpretation of the Legislative Procedures Act and managing the agenda of the Oneida Business Committee, requests adoption of this updated interpretive resolution; and NOW THEREFORE BE IT RESOLVED, that this resolution supersedes resolution BC-09-25-19-A titled, “Interpreting ‘Fiscal Impact Statement’ in the Legislative Procedures Act” and provides that the Financial Impact Statement required in section 109.6-1 of the Legislative Procedures Act shall be applied as follows: 1. Fiscal Impact Statements for use during a Public Meeting. When developing a Fiscal Impact Statement for proposed legislation to be used during a public meeting and public comment period scheduled under section 109.8: a. The Legislative Operating Committee may direct that a Fiscal Impact Statement be completed by any agency who: i. may receive funding if the legislation is enacted; ii. may administer a program if the legislation is enacted; or iii. may have financial information concerning the subject matter of the legislation. b. Upon approval of draft legislation for a public meeting, the Legislative Operating Committee may direct an agency to provide a neutral and unbiased Fiscal Impact Statement to the Legislative Operating Committee within ten (10) business days for inclusion in public meeting materials. i. If an agency cannot complete the Fiscal Impact Statement within the ten (10) business day timeframe, the agency may request an extension of this timeframe by the Legislative Operating Committee. Public Packet 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 25 of 172 BC Resolution _____________ Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures Act Page 3 of 3 2. Fiscal Impact Statements for use during Consideration of Adoption. When developing a fiscal impact statement for proposed legislation to be used for presentation to and consideration of adoption by the Oneida Business Committee and/or General Tribal Council under section 109.9-1: a. The Legislative Operating Committee may direct that a Fiscal Impact Statement be completed by the Finance Department or any agency who: i. may receive funding if the legislation is enacted; ii. may administer a program if the legislation is enacted; or iii. may have financial information concerning the subject matter of the legislation. b. Upon final approval of draft legislation by the Legislative Operating Committee, the Legislative Operating Committee may direct an agency or the Finance Department to provide a neutral and unbiased Fiscal Impact Statement to the Legislative Operating Committee within ten (10) business days for inclusion in adoption materials. i. If an agency or the Finance Department cannot complete the Fiscal Impact Statement within the ten (10) business day timeframe, the agency may request an extension of this timeframe by the Legislative Operating Committee. Public Packet 26 of 172 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Further Interpretation of “Fiscal Impact Statement” in the Legislative Procedures Act Summary The resolution further interprets the Legislative Procedures Act to clarify who the Legislative Operating Committee may direct develop a fiscal impact statement for use during a public meeting and for use during the consideration of adoption. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: October 16, 2020 Analysis by the Legislative Reference Office The Legislative Procedures Act (LPA) was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the purpose of providing a standard process for the development and adoption of legislation of the Nation. [1 O.C. 109.1-1]. The LPA delegates authority to the Legislative Operating Committee for the development of legislation of the Nation. [1 O.C. 109.42]. The LPA requires that all legislation, except emergency legislation, be accompanied by a fiscal impact statement, which is an estimate of the total fiscal year financial effects associated with the legislation. [1 O.C. 109.6-1, 109.3-1(c)]. The LPA delegates authority to the Legislative Operating Committee to direct an agency to submit a fiscal impact statement. The Legislative Operating Committee may direct that a fiscal impact statement be prepared by any agency who may receive funding if the legislation is enacted, may administer a program if the legislation is enacted, or may have financial information concerning the subject matter of the legislation; or the Finance Department. [1 O.C. 109.6-1]. If the fiscal impact statement is available, then the LPA requires that it be posted on the Oneida Register and electronically provided to all managers and directors of the Nation with the other public meeting materials ten (10) business days before a public meeting is held. [1 O.C. 109.8-2]. All fiscal impact statements are required to be completed and submitted to the Legislative Operating Committee prior to any legislation being forwarded to the Oneida Business Committee for consideration of adoption. [1 O.C. 109.6-2]. The fiscal impact statement provides information on what the potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business Committee and/or General Tribal Council can determine if adoption of the proposed legislation is in the best interest of the Nation. The Oneida Business Committee adopted resolution BC-09-25-19-A titled, “Interpreting ‘Fiscal Impact Statement’ in the Legislative Procedures Act” as a result of the Legislative Operating Committee seeking clarification on the interpretation of the use of fiscal impact statements within the LPA. Resolution BC-09-25-19-A clarified and limited who the Legislative Operating Page 1 of 3 Public Packet 27 of 172 Committee may direct to complete a fiscal impact statement for use during a public meeting and for use during the final adoption of legislation so that the process can be standardized and handled in a consistent manner. Resolution BC-09-25-19-A provided the following: “the Fiscal Impact Statement required in section 109.6-1 of the Legislative Procedures Act shall be applied as follows. 1. Fiscal Impact Statements for use during a Public Meeting. When developing a Fiscal Impact Statement for proposed legislation to be used in a public meeting scheduled under section 109.8-2, the Legislative Operating Committee may use any agency who: a. may receive funding if the legislation is enacted; b. may administer a program if the legislation is enacted; or c. may have financial information concerning the subject matter of the legislation. 2. Fiscal Impact Statements for use during Consideration of Adoption. When developing a Fiscal Impact Statement for proposed legislation to be used for presentation to and consideration of adoption by the Oneida Business Committee and/or General Tribal Council under section 109.9-1, the Finance Department shall, within ten (10) business days of final approval of draft legislation by the Legislative Operating Committee, send a Fiscal Impact Statement to the Legislative Operating Committee for inclusion in adoption materials.” This resolution provides that the Legislative Operating Committee has determined that it is impracticable to limit the development of fiscal impact statements for use during consideration of adoption to solely the Finance Department when the Legislative Procedures Act affords more flexibility. This resolution would supersede resolution BC-09-25-19-A and provide that the financial impact statement required in section 109.6-1 of the Legislative Procedures Act shall be applied as follows: 1. Fiscal Impact Statements for use during a Public Meeting. When developing a Fiscal Impact Statement for proposed legislation to be used during a public meeting and public comment period scheduled under section 109.8: a. The Legislative Operating Committee may direct that a Fiscal Impact Statement be completed by any agency who: i. may receive funding if the legislation is enacted; ii. may administer a program if the legislation is enacted; or iii. may have financial information concerning the subject matter of the legislation. b. Upon approval of draft legislation for a public meeting, the Legislative Operating Committee may direct an agency to provide a neutral and unbiased Fiscal Impact Statement to the Legislative Operating Committee within ten (10) business days for inclusion in public meeting materials. i. If an agency cannot complete the Fiscal Impact Statement within the ten (10) business day timeframe, the agency may request an extension of this timeframe by the Legislative Operating Committee. 2. Fiscal Impact Statements for use during Consideration of Adoption. When developing a fiscal impact statement for proposed legislation to be used for presentation to and consideration of adoption by the Oneida Business Committee and/or General Tribal Council under section 109.9-1: Page 2 of 3 Public Packet 28 of 172 a. The Legislative Operating Committee may direct that a Fiscal Impact Statement be completed by the Finance Department or any agency who: i. may receive funding if the legislation is enacted; ii. may administer a program if the legislation is enacted; or iii. may have financial information concerning the subject matter of the legislation. b. Upon final approval of draft legislation by the Legislative Operating Committee, the Legislative Operating Committee may direct an agency or the Finance Department to provide a neutral and unbiased Fiscal Impact Statement to the Legislative Operating Committee within ten (10) business days for inclusion in adoption materials. i. If an agency or the Finance Department cannot complete the Fiscal Impact Statement within the ten (10) business day timeframe, the agency may request an extension of this timeframe by the Legislative Operating Committee. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 3 of 3 Public Packet 29 of 172  Adopt resolution entitled Discretion Regarding the Transfer of Cases under the Children’s Code   /  /                                     Public Packet 30 of 172                            Public Packet Oneida Nation 31 of 172 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 Oneida, WI 54155 BC Resolution # Discretion Regarding the Transfer of Cases under the Children’s Code WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Business Committee adopted the Children’s Code through resolution BC-0726-17-J titled, “Adoption of the Children’s Code and the Nation’s Indian Child Welfare Act Policy” for the purpose of exercising the fundamental right of sovereignty and selfdetermination by setting forth procedures to provide for the welfare, care, and protection of Oneida children who are in need of protection or services through the preservation of the family unit; and WHEREAS, resolution BC-07-26-17-J also set forth a process for the implementation of the Children’s Code which addressed the transfer of cases from the jurisdiction of Brown and Outagamie County to the jurisdiction of the Oneida Family Court; and WHEREAS, resolution BC-07-26-17-J provided the following guidance as to the transfer of cases, “The following determination has been made for the transfer of cases from Brown and Outagamie County jurisdiction to the jurisdiction of the Oneida Family Court: a. When the Children’s Code becomes effective all new cases in Brown and Outagamie County shall begin in or transfer to Oneida Family Court. b. Any case in Brown and Outagamie County that has started within the most recent three (3) months may transfer to the Oneida Family Court. c. All other current cases may remain in Brown and Outagamie County, unless the Nation’s Indian Child Welfare Department determines the case would be better suited in the Oneida Family Court or another party motions the Court to transfer jurisdiction;” and WHEREAS, the Oneida Business Committee adopted resolution BC-10-24-18-A titled “Amending Resolution BC-07-26-17-J to Delay the Implementation of the Children’s Code” which changed the date by which the Children’s Code would become effective from January 6, 2019 to October 1, 2019; and WHEREAS, the Oneida Business Committee then adopted resolution BC-10-23-19-B titled, “Authorizing Discretion Regarding Implementation of Children’s Code, Chapter 708” which set forth an additional implementation delay regarding the transfer of Children In Need of Protection and Services cases until 161 Agreements with Brown and Outagamie Counties were approved because the Nation wanted to assure that funding for out-of-home placement was accessible before cases were transferred; and Public Packet 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 32 of 172 BC Resolution _____________ Discretion Regarding the Transfer of Cases under the Children’s Code Page 2 of 2 WHEREAS, resolution BC-10-23-19-B amended the provision regarding the transfer of cases in resolution BC-07-26-17-J, and provided the following, “The following determination has been made for the transfer of cases from Brown and Outagamie County jurisdiction to the jurisdiction of the Oneida Family Court: a. When the Children’s Code becomes effective and the Act 161 Agreements with Brown and Outagamie Counties are approved, the Indian Child Welfare Department shall either begin all new cases in Brown and Outagamie County in the Oneida Family Court or shall seek to transfer all new cases in Brown and Outagamie County to the Oneida Family Court. b. Any case in Brown and Outagamie County that has started within the most recent three (3) months may transfer to the Oneida Family Court. c. All other current cases may remain in Brown and Outagamie County, unless the Nation’s Indian Child Welfare Department determines the case would be better suited in the Oneida Family Court or another party motions the Court to transfer jurisdiction;” and WHEREAS, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding the COVID-19 pandemic, which declared a Public Health State of Emergency for the Nation until April 12, 2020, which was then subsequently extended through November 13, 2020, through the adoption of resolutions BC-03-28-20-A, BC-0506-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, and BC-10-0820-A; and WHEREAS, on March 20, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Suspension of Transfer of Cases in Resolution #BC-07-26-17-J, Adoption of the Children's Code and the Nation's Indian Child Welfare Act Policy” declaration which amended resolution BC-07-26-17-J regarding the transfer of cases to the Oneida Family Court based on the COVID-19 pandemic and provided the following: “The following determination has been made for the transfer of cases from Brown and Outagamie County jurisdiction to the jurisdiction of the Oneida Family Court: (a) When the Children's Code becomes effective all new cases in Brown and Outagamie County shall begin in or transfer to Oneida Family Court unless such commencement or transfer would be impracticable under the circumstances of the case as decided by the Nation's Indian Child Welfare Department and the Nation's Child Welfare attorney;” and WHEREAS, due to the uncertain nature of the COVID-19 pandemic, including its financial constraints on the Nation and potential effect on the Indian Child Welfare Department’s staffing levels to last beyond the Public Health State of Emergency, the Indian Child Welfare Department has recommended that the discretion on the transfer of cases provided for in the March 20, 2020, declaration be adopted on a permanent basis; and NOW THEREFORE BE IT RESOLVED, that this resolution shall supersede all prior resolutions in conflict with the directives set forth in this resolution. BE IT FINALLY RESOLVED, the Nation’s Indian Child Welfare Department and Child Welfare attorney shall begin all new Children in Need of Protection and Services cases occurring in Brown and Outagamie County in the Oneida Family Court or seek the transfer of the case to the Oneida Family Court under the Children’s Code unless such commencement or transfer would be impracticable under the circumstances of the case as decided by the Nation's Indian Child Welfare Department and the Nation's Child Welfare attorney. Public Packet 33 of 172 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Discretion Regarding the Transfer of Cases under the Children’s Code Summary The resolution supersedes all prior resolutions in conflict with the directives set forth in this resolution, and provides the Nation’s Indian Child Welfare Department and Child Welfare attorney discretion in determining when to begin new Children in Need of Protection and Services cases occurring in Brown and Outagamie County in the Oneida Family Court or seek the transfer of the case to the Oneida Family Court under the Children’s Code. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: October 16, 2020 Analysis by the Legislative Reference Office The Oneida Business Committee adopted the Children’s Code through resolution BC-07-26-17-J titled, “Adoption of the Children’s Code and the Nation’s Indian Child Welfare Act Policy,” for the purpose of providing for the welfare, care, and protection of Oneida children through the preservation of the family unit, by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation, and acknowledging the customs and traditions of the Nation when raising an Oneida child. Resolution BC-07-26-17-J provided that the Children’s Code would become effective fifteen (15) months after the adoption of the Fiscal Year 2018 budget. On October 8, 2017, the General Tribal Council adopted the Fiscal Year 2018 budget through resolution GTC-10-08-17-A. The Children’s Code was then set to become effective on January 8, 2019. Resolution BC-07-26-17-J also provided a process for the implementation of the Children’s Code, specifically, direction on how the transfer of cases from the jurisdiction of Brown and Outagamie County to the jurisdiction of the Oneida Family Court shall occur. Resolution BC-07-26-17-J provided that:  When the Children’s Code becomes effective all new cases in Brown and Outagamie County shall begin in or transfer to the Oneida Family Court;  Any case in Brown and Outagamie County that has started within the most recent three (3) months may transfer to the Oneida Family Court; and  All other current cases may remain in Brown and Outagamie County, unless the Nation’s Indian Child Welfare Department determines the case would be better suited in the Oneida Family Court or another party motions the Court to transfer jurisdiction. The Oneida Business Committee then took action through resolution BC-10-24-18-A titled, “Amending Resolution BC-07-26-17-J to Delay the Implementation of the Children’s Code,” to Page 1 of 3 Public Packet 34 of 172 amend resolution BC-07-26-17-J to delay the implementation of the Children’s Code until October 1, 2019. The Oneida Business Committee then adopted resolution BC-10-23-19-B, Authorizing Discretion Regarding Implementation of Children’s Code, Chapter 708, which set forth an additional implementation delay regarding the transfer of Children In Need of Protection and Services cases under the Children’s Code until 161 Agreements with Brown and Outagamie Counties were approved because the Nation wanted to assure that funding for out-of-home placement was accessible before cases were transferred. Resolution BC-10-23-19-B amended the third resolve section of resolution BC-07-26-17-J, as amended by resolution BC-10-24-18-A, to provide that the following determination has been made for the transfer of cases from the jurisdiction of Brown and Outagamie County to the jurisdiction of the Oneida Family Court:  When the Children’s Code becomes effective and the Act 161 Agreements with Brown and Outagamie Counties are approved, the Indian Child Welfare Department shall either begin all new cases in Brown and Outagamie County in the Oneida Family Court or shall seek to transfer all new cases in Brown and Outagamie County to the Oneida Family Court;  Any case in Brown and Outagamie County that has started within the most recent three (3) months may transfer to the Oneida Family Court; and  All other current cases may remain in Brown and Outagamie County, unless the Nation’s Indian Child Welfare Department determines the case would be better suited in the Oneida Family Court or another party motions the Court to transfer jurisdiction. In response to the COVID-19 pandemic, on March 12, 2020, in accordance with the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding COVID-19. [3 O.C. 302.8-1]. This declaration of a Public Health State of Emergency set into place the necessary authority should action need to be taken and allows the Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. This declaration of a Public Health State of Emergency was extended by the Oneida Business Committee until November 13, 2020, through the adoption of resolutions BC03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, and BC-10-08-20-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]. On March 20, 2020, the Nation’s COVID-19 Team issued a “Suspension of Transfer of Cases in Resolution #BC-07-26-17-J, Adoption of the Children's Code and the Nation's Indian Child Page 2 of 3 Public Packet 35 of 172 Welfare Act Policy” declaration which amended resolution BC-07-26-17-J regarding the transfer of cases to the Oneida Family Court based on the COVID-19 pandemic and provided the that the following determination has been made for the transfer of cases from Brown and Outagamie County jurisdiction to the jurisdiction of the Oneida Family Court: When the Children's Code becomes effective all new cases in Brown and Outagamie County shall begin in or transfer to Oneida Family Court unless such commencement or transfer would be impracticable under the circumstances of the case as decided by the Nation's Indian Child Welfare Department and the Nation's Child Welfare attorney. This resolution provides that due to the uncertain nature of the COVID-19 pandemic, including its financial constraints on the Nation and potential effect on the Indian Child Welfare Department’s staffing levels to last beyond the Public Health State of Emergency, the Indian Child Welfare Department has recommended that the discretion on the transfer of cases provided for in the March 20, 2020, COVID-19 Team declaration be adopted on a permanent basis. This resolution supersedes all prior resolutions in conflict with the directives set forth in this resolution, and provides that the Nation’s Indian Child Welfare Department and Child Welfare attorney shall begin all new Children in Need of Protection and Services cases occurring in Brown and Outagamie County in the Oneida Family Court or seek the transfer of the case to the Oneida Family Court under the Children’s Code unless such commencement or transfer would be impracticable under the circumstances of the case as decided by the Nation's Indian Child Welfare Department and the Nation's Child Welfare attorney. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 3 of 3 Public Packet 36 of 172 Oneida Business Committee Agenda Request Adopt resolution entitled Approval of a Dementia Caregiver Research Study 1. Meeting Date Requested: 10 / 28 / 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: A resolution of support is requested 3. Supporting Materials Report Resolution Contract Other: 1. Memo from Comprehensive Health 3. Statement of Effect (handout) 2. Researcher Request Memo 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Debbie Thundercloud Primary Requestor/Submitter: Community Action Board Your Name, Title / Dept. or Tribal Member Additional Requestor: Donald Miller / Grants Department Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 37 of 172 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The purpose of this research project is to review the means used by the Oneida community members to deal with issues related to the effects of dementia. The researcher, Mary Wyman and members of the Community Action Board (CAB), request BC approval of this project. 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 38 of 172 Oneida Comprehensive Health Division Oneida Community Health Center Behavioral Health Services Anna John Resident Centered Care Community Employee Health Nursing To: Oneida Business Committee From: Ravinder Vir, MD, Medical Director Debbie Danforth RN, BSN, Operations Director Oneida Comprehensive Health Division (OCHD) Directors Date: October 19, 2020 RE: Request for Approval of the University of WI Oneida Helping Oneida Family Caregiving Study: Understanding Resource Utilization by Dementia Caregivers in the Oneida Nation of WI _____________________________________________________________________________ The attached letter of support is being submitted for your review and approval in compliance with the requirements of BC Resolution #05-08-19-A. The Research Team has been working in collaboration with the Oneida Community Adivsory Board (ONCOA) and has now received their initial approval to proceed and need the Oneida Business he next step in the Research Proposal. The UWMadison team is now in the process of gaining formal Institutional Review Board approval through UW-Madison. We are looking forward to participating with the Research Team Oneida Helping Oneida Family Caregiving Study: Understanding Resource Utilization by Dementia . This study is timely and an exciting area of research as it aims to provide valuable data about the needs of family and friends caring for elder Oneida Tribal Members with memory loss. The main goal is to learn about who in Oneida is helping a person with dementia, and what services these caregivers are using or would like to be to use to support their family member with memory loss within the Oneida Community. We are currently aware of a number of resources available to families however the group has identified that many families do not avail themselves of the resources available. The goal is to determine how and why; to improve the access and acceptance of these services. Phase 1 will entail the use of social media, flyers, etc. to invite all adult enrolled members of the Oneida Nation to complete a brief online survey. The goal is to learn about who in Oneida is helping people with dementia and what services these caregivers are using or would like to be able to use. The survey can be completed anonymously. Participants will be eligible for a Oneida Community Health Center Behavioral Health Services Anna John Resident Centered Care Community Employee Health Nursing Mailing Address: P.O. Box 365, Oneida, WI 54155 https://oneida-nsn.gov/resources/health/ 525 Airport Rd., Oneida, WI 54155 Phone: (920) 869-2711 or 1-866-869-2711 2640 West Point Rd., Green Bay, WI 54304 Phone: (920) 490-3790 or 1-888-490-2457 2901 S. Overland Rd., Oneida, WI 54155 Phone: (920) 869-2797 701 Packerland Dr., Green Bay, WI 54303 Phone: (920) 405-4492 Fax: (920) 869-1780 Fax: (920) 490-3883 Fax: (920) 869-3238 Fax: (920) 405-4494 Public Packet 39 of 172 monetary drawing if they choose to participate. Phase 2 will involve 10-15 individual interviews with Oneida Tribal members who are helping an older person with dementia. These interviewswill be conducted over the telephone or thru video conferencing. The goal is to learn about how these caregivers learn about services and make decision about which services to use and when to use them. The study will employ Oneida Tribal members as community researchers to complete these interviews and an Oneida CAB member as the project consultant/coordinator. The Oneida Comprehensive Health Division supports the concept and will encourage the efforts to help to identify individuals from the Oneida Nation to participate. We are very excited to offer this support to UW-Madison on this project and look forward to your support through formal approval of the Oneida Helping Oneida Family Caregiving Study: Understanding Resource Utilization by Dementia Caregivers in the Oneida Nation of WI Research Study in Partnership with UW-Madison. In accordance with Resolution #05-08-19-A, the project agrees to assure that all data security and participant confidentiality will be rigorously guarded through the use of secured electronic storage for all data, restriction of data access to the research team only and careful deidentification of data prior to analysis. Informed consents will be obtained from all participants. In addition, offers assurances that all data will remain under the control of the Oneida Nation of WI. The results of their findings will be presented both locally and at national conferences and in scientific journals. Individual participants will not be identifiable and all research output will undergo prior CAB review and approval. This project has the potential to make a significant contribution in addressing long-standing Therefore, the Oneida Comprehensive Health Division has reviewed and approves of this research study and recommends the Oneida Business Committee take formal action to approve the request for the Research study to proceed. 2|Page Public Packet 40 of 172 Public Packet 41 of 172 Public Packet 42 of 172 Public Packet 43 of 172 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oneida, WI 54155 BC Resolution # Leave this line blank Approval of a Dementia Caregiver Research Study 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 Nation is committed to the safety and health of its elder community members and their families; and WHEREAS, the Oneida Alzheimer’s Disease and Related Dementia Community Advisory Board (CAB) has represented the Oneida Nation as an active participant in research efforts with the University of Wisconsin related to the needs of Oneida Elders suffering from Alzheimer’s and Dementia; and WHEREAS, the researcher, Ms. Mary Wyman, PhD, and the CAB agree to abide by all of the requirements and restrictions applied to research projects focused on Oneida Tribal members as required by resolution # BC-05-08-19-A Research Requests: Review and Approval to Conduct; and WHEREAS, the research request has been presented, reviewed, and recommended for approval by the Director of Comprehensive Health Operations as required by resolution # BC-05-0819-A Research Requests: Review and Approval to Conduct; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the University of Wisconsin Research Study: “Oneida Helping Oneida Family Caregiving Study: Understanding Resource Utilization by Dementia Caregivers in the Oneida Nation of WI”. Public Packet 44 of 172 Enter the e-poll results into the record regarding adopted resolution 10-08-20-A Extension of Declaration.. Business Committee Agenda Request 1. Meeting Date Requested: 10/28/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Personally Identifiable Info - medical 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☒ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CWILSON1 Public Packet 45 of 172 Chad A. Wilson From: Sent: To: Subject: Attachments: BC_Agenda_Requests Friday, October 23, 2020 2:16 PM Chad A. Wilson FW: E-POLL RESULTS #2: Adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until November 13, 2020. 2020 10 07 - Epoll Request #2 - Adopt Resolution Entitled Extension of Public Health State of Emergency Until November 13, 2020.pdf From: TribalSecretary Sent: Thursday, October 8, 2020 5:16 PM To: TribalSecretary ; Brandon L. Yellowbird-Stevens ; Cristina S. Danforth ; Daniel P. Guzman ; David P. Jordan ; Ethel M. Summers ; Jennifer A. Webster ; Kirby W. Metoxen ; Lisa A. Liggins ; Tehassi Tasi Hill Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill ; Chad A. Wilson ; BC_Agenda_Requests Subject: E-POLL RESULTS #2: Adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until November 13, 2020. E-POLL RESULTS #2 The e-poll to adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until November 13, 2020, has carried. As of the deadline, below are the results: Support: Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster Brooke Doxtator BCC Supervisor Business Committee Support Office (BCSO) office 920.869.4452 fax 920.869.4040 From: TribalSecretary Sent: Wednesday, October 7, 2020 4:31 PM To: TribalSecretary ; Brandon L. Yellowbird-Stevens ; Cristina S. Danforth ; Daniel P. Guzman ; David P. Jordan ; Ethel M. Summers ; Jennifer A. Webster ; Kirby W. Metoxen ; Lisa A. Liggins ; Tehassi Tasi Hill 1 Public Packet 46 of 172 Cc: Danelle A. Wilson ; Rhiannon R. Metoxen ; Kristal E. Hill ; Chad A. Wilson Subject: E-POLL REQUEST #2: Adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until November 13, 2020. E-POLL REQUEST #2 Summary: This resolution extends the Nation’s declaration of the Public Health State of Emergency until November 13, 2020. The Emergency Management Director and the Public Health Officer have advised extension of the Public Health State of Emergency declaration supported by information from the Centers for Disease Control and the level of spread of COVID19 throughout the State of Wisconsin, surrounding states, and the United States. Justification for E-Poll: The current Declaration of Public Health State of Emergency expires on October 12, 2020 Requested Action: Adopt Resolution Entitled Extension of Declaration of Public Health State of Emergency Until November 13, 2020. Deadline for response: Responses are due no later than 4:30 p.m., THURSDAY, October 8, 2020. Voting: 1. Use the voting button above, if available; OR 2. Reply with “Support” or “Oppose”. Brooke Doxtator BCC Supervisor Business Committee Support Office (BCSO) office 920.869.4452 fax 920.869.4040 2 Public Packet 47 of 172 Oneida Business Committee Agenda Request 1. Meeting Date Requested: 10 / 8 / 20 2. General Information: Session: Open Executive - See instructions for the applicable laws, then choose one: Membership Ordinance Agenda Header: Resolutions Accept as Information only Action - please describe: Adopt BC Resolution # 10-8-20-A Extension of Declaration of Public Health State of Emergency Until October 12, 2020. 3. Supporting Materials Report Resolution Contract Other: 1. Public Health Recommendation 3. Statement of Effect 2. BC Resolution # 10-8-20-A 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Liggins, Secretary Primary Requestor/Submitter: Jameson Wilson, Project Coordinator Your Name, Title / Dept. or Tribal Member Additional Requestor: Simone Ninham, Executive Assistant II Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 48 of 172 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: The purpose of this Oneida Business Committee (OBC) agenda request is to adopt BC Resolution # 10-8-20-A Extension of Declaration of Public Health State of Emergency Until November 13, 2020 via E-poll. 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 49 of 172 Oneida Comprehensive Health Division Oneida Community Health Center Behavioral Health Services Anna John Resident Centered Care Community Employee Health Nursing Date: October 7, 2020 To: Oneida Business Committee From: Debra Danforth, Oneida Comprehensive Health Division Operations Director Dr Ravi Vir, Oneida Comprehensive Health Division Medical Director Michelle Myers, Community/ Public Health Officer Kaylynn Gresham, Oneida Emergency Management Director RE: Recommendations to Extend the Oneida Nation Public Health Emergency Declaration An infectious illness such as COVID-19 does not follow our jurisdictional boundaries and/or our reservation boundaries. It is critical for the Oneida Nation to continue to work in tandem with our local and state public health departments. COVID-19 does not pick and choose who will be affected nor does it matter where you work, or where you live. Through our on-going monitoring of the COVID-19 pandemic by public health and other health officials, the following are highlights from our current situation: x There is an Increase in COVID-19 cases within our local counties, the state of Wisconsin, nationally and globally. Multiple states have imposed additional restrictions to limit the spread of the disease. Northeastern states are imposing self-isolation requirements on individuals arriving from states in the South and South west that are severely impacted at this time. x There is Evidence of continued community spread in Brown and Outagamie Counties and throughout the state of Wisconsin. Data demonstrates that although positive cases are climbing in all age groups, we note a markable increase in our 20-39 years and 40-59 years age groups. x Hospital capacity has been impacted with regional medical centers at or near capacity. Oneida Community Health Center Behavioral Health Services Anna John Resident Centered Care Community Employee Health Nursing Mailing Address: P.O. Box 365, Oneida, WI 54155 https://oneida-nsn.gov/resources/health/ 525 Airport Dr., Oneida, WI 54155 Phone: (920) 869-2711 or 1-866-869-2711 2640 West Point Rd., Green Bay, WI 54304 Phone: (920) 490-3790 or 1-888-490-2457 2901 S. Overland Rd., Oneida, WI 54155 Phone: (920) 869-2797 701 Packerland Dr., Green Bay, WI 54303 Phone: (920) 405-4492 Fax: (920) 869-1780 Fax: (920) 490-3883 Fax: (920) 869-3238 Fax: (920) 405-4494 Public Packet 50 of 172 We have not faced a Global Pandemic in over a century. Some of the steps we undertook to respond to this global pandemic thus far include the declaration of Public Health Emergency, Stay Safer at Home orders, Public Health Isolation/Quarantine policy, mandatory masking, mandatory building safe reopening plans and organizational policies of Mandatory masking and COVID-19 screening for employees, etc. Data collection and analysis is an important strategy in our COVID-19 response. We are constantly learning and adopting recommendations as we learn more every day. Using our preparedness tools and resources, we will get thru this unprecedented time, together. We have learned over the past several months that there will be spikes in positive numbers followed by plateauing of numbers and surges in cases that can overwhelm Health system capacity very rapidly. Simply put, the data is fluid and the situation will continue to improve and worsen. It would not be to our benefit to establish a static metric that would define the end of our Public Health Emergency declaration. We have reviewed several gating criteria that were recommended by the CDC, the White House and the WI Governor’s Badger Bounce Back plan. However, the pandemic has continued unabated and based on the latest expert opinions is likely to continue at least thru 2021 or later. The data remain elusive at times and changes rapidly as the pandemic evolves. To place gating criteria for the Oneida nation for discontinuation of a Public Health Emergency that does not follow jurisdictional boundaries would not be in our best interest. An end to the Public Health Emergency declaration would have to be based on a consensus of multiple trends within local/regional jurisdictions, within our state, the United States and the world. The benefits of continuing with the Public Health Emergency Declaration at this time include and are not limited to: 1) Provide a consistent message to our community as we continue to face the risk of COVID-19 and its impacts to our community’s health, the economy and our wellbeing. 2) The Oneida Nation is afforded the ability to rapidly adapt and implement mitigation recommendation and strategies when operating during a Public Health Emergency. 3) Oneida Nation is eligible to apply for direct FEMA reimbursement when operating under a Public Health Emergency (versus requesting assistance thru the state). The gating criteria recommended by CDC and adopted by the Badger Bounce Back Plan which was discontinued due to the WI Supreme Court ruling on May 13 are included in the Appendix. 2 Public Packet 51 of 172 Relevant COVID-19 Data: WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data U.S. Centers for Disease Control and Prevention retrieved 10/04/20 https://covid.cdc.gov/covid-data-tracker/#cases_casesinlast7days U.S. Census Bureau American Community Survey Population Estimates https://data.census.gov/cedsci/advanced Oneida Nation Health Department as of 10/04/20 3 Public Packet 52 of 172 WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data 4 Public Packet 53 of 172 WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data 5 Public Packet 54 of 172 WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data 6 Public Packet 55 of 172 WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data WI Department of Health Services- Public Health retrieved 10/04/20 https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data 7 Public Packet 56 of 172 Recommendations: Based on available information we have today, the Oneida COVID-19 health response team and Oneida Emergency Management provides the following recommendations: 1. The Oneida Nation extend the Public Health Emergency Declaration through November 30, 2020. Extending the Public Health Emergency will continue to help us save lives, while safely and securely conducting our Nations’ operations during the pandemic. 3. All departments/areas within the Oneida Nation have a plan for maintaining safety of continued and or enhanced operations during COVID-19 pandemic to include prevention strategies to keep both employees and patrons safe. 4. Continued operations to maintain all safe distancing, universal masking/face covering and sanitation requirements indefinitely throughout the pandemic. 5. Based on current available information our recommendations would remain valid for the next 3-6 months or longer. Recommendations will continue to change based upon available data and updates on the COVID-19 pandemic. 6. Continue basic infection prevention measures throughout the Oneida Organization to protect employees and customers must be included as a part of all operational plans. All Departments should maintain good hygiene and infection control practices, including: x x x x Promote frequent and thorough hand washing, including by providing employees, customers, and worksite visitors with a place to wash their hands. If soap and running water are not immediately available, provide alcohol-based hand rubs containing at least 60% alcohol. Encourage employees to stay home if they are sick. Encourage respiratory etiquette, including covering coughs and sneezes. Provide customers and the public with tissues and trash receptacles. 7. Departments should continue to maintain flexible worksites (e.g., telecommuting) and flexible work hours (e.g., staggered shifts), to increase the physical distance among employees and between employees and others if state and local health authorities recommend the use of social distancing strategies. 8. Discourage employees from using other employees’ phones, desks, offices, or other work tools and equipment, when possible. 8 Public Packet 57 of 172 9. Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces, equipment, and other elements of the work environment. When choosing cleaning chemicals, departments should consult information on Environmental Protection Agency (EPA)-approved disinfectant labels with claims against emerging viral pathogens. Products with EPA-approved emerging viral pathogens claims are expected to be effective against SARS-CoV-2 based on data for harder to kill viruses. Follow the manufacturer’s instructions for use of all cleaning and disinfection products (e.g., concentration, application method and contact time, PPE). 10. All employees of the nation based on their job duties have a facial covering or mask while at work and maintain safe distancing of at least 6 feet from each other.  9 Public Packet 58 of 172 APPENDIX: Gating Criteria and Phase-specific Thresholds Gating Criteria Threshold for entering Phase 1 Threshold for entering Phase 2 Threshold for entering Phase 3 Decreases in newly Downward trajectory (or Downward trajectory (or Downward trajectory (or near-zero incidence) of near-zero incidence) of identified COVID-19 cases near-zero incidence) of documented cases over a documented cases for at documented cases for at least 14 days after entering least 14 days after entering 14-day period Phase 1 Phase 2 Decreases in emergency Downward trajectory (or Downward trajectory (or Downward trajectory (or department (ED) and/or near-zero incidence) of CLI near-zero incidence) of CLI near-zero incidence) of CLI outpatient visits for COVID- syndromic cases reported syndromic cases reported syndromic cases reported like illness (CLI) over a 14-day period for at least 14 days after for at least an additional 14 entering Phase 1 days after entering Phase 2 Decreases in ED and/ or outpatient visits for influenza-like illness (ILI) Downward trajectory (or Downward trajectory (or Downward trajectory (or near-zero incidence) of ILI near-zero incidence) of ILI near-zero incidence) of ILI reported over a 14-day reported for at least 14 days reported for at least an period after entering Phase 1 additional 14 days after entering Phase 2 Decreases in percentage of Downward trajectory (or Downward trajectory (or Downward trajectory (or SARS-CoV-2 tests positive near-zero percent positive) near-zero percent positive) near-zero percent positive) of positive tests as a of positive tests as a of positive tests as a percentage of total tests percentage of total tests for percentage of total tests for over a 14-day period (flat or 14 days after entering at least 14 days after increasing volume of tests) Phase 1 (flat or increasing entering Phase 2 (flat or volume of tests) increasing volume of tests) Treat all patients without Jurisdiction inpatient & ICU Jurisdiction inpatient & ICU Jurisdiction inpatient & ICU crisis care beds 4 days >4 days >15 days Robust testing program Test availability such that Test availability such that Test availability such that percentage of positive tests percentage of positive tests the percentage of positive is ≤20% for 14 days Median is ≤15% for 14 days Median tests is ≤10% for 14 days time from test order to time from test order to Median time from test result is ≤4 days result is ≤3 days order to result is ≤2 days 10 Public Packet 59 of 172 The Badger bounce back plan used these gating criteria: WISCONSIN’S GATING CRITERIA SYMPTOMS: Downward trajectory of influenza-like illnesses (ILI) reported within a 14-day period AND Downward trajectory of COVID-19-like syndromic cases reported within a 14-day period CASES: Downward trajectory of positive tests as a percent of total tests within a 14-day period HOSPITALS: Treat all patients without crisis care AND Robust testing programs in place for at-risk healthcare workers, with decreasing numbers of infected healthcare workers These metrics and progress on Core Responsibilities will be evaluated regularly and guide decisions about when Wisconsin is ready to move from phase to phase. They are based on the Federal Gating Criteria and Core State Preparedness Responsibilities found in Guidelines for Opening up America Again that was issued by the White House on April 16, 2020. These metrics will be applied on a statewide basis as this highly infectious virus knows no county boundaries and can easily spread from regions with high prevalence to regions with low prevalence. 11 Public Packet 60 of 172 Gating criteria recommended by the White House task force. Proposed State or Regional Gating Criteria Satisfy Before Proceeding to Phased Comeback SYMPTOMS *2)2-/-% /*-4*!$)!'0 )5Ҋ'$& $'') .. .җ Ҙ- +*-/ 2$/#$)руҊ4+ -$*  *2)2-/-% /*-4*!*1$Ҋ'$& .4)-*($. .- +*-/ 2$/#$)руҊ4+ -$* CASES *2)2-/-% /*-4*!*0( )/ . .2$/#$)руҊ4+ -$*  *2)2-/-% /*-4*!+*.$/$1 / ./..+ - )/*!/*/'/ ./.2$/#$)руҊ4+ -$*җ!'/*- $)- .$)"1*'0( *!/ ./.Ҙ HOSPITALS - /''+/$ )/.2$/#*0/-$.$.-   *0.// ./$)"+-*"-($)+' !*-/Ҋ-$.&# '/#- 2*-& -.Ѷ$)'0$)" ( -"$)")/$*4 / ./$)" 12 Public Packet 61 of 172 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Extension of Declaration of Public Health State of Emergency Until November 13, 2020 Summary This resolution extends the Nation’s declaration of the Public Health State of Emergency until November 13, 2020. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: October 5, 2020 Analysis by the Legislative Reference Office The Oneida Business Committee adopted the Emergency Management and Homeland Security law for the purpose of providing for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; providing for the direction of emergency management, response, and recovery on the Reservation, as well as coordinating with other agencies, victims, businesses, and organizations; establishing the use of the National Incident Management System (NIMS); and designating authority and responsibilities for public health preparedness. [3 O.C. 302.1-1]. Under the Emergency Management and Homeland Security law, the Oneida Business Committee is delegated the responsibility to proclaim or ratify the existence of a public health emergency. [3 O.C. 302.8-1]. A public health emergency means the occurrence or imminent threat of an illness or health condition which is a quarantinable disease; and which poses a high probability of a large number of deaths or serious or long-term disability among humans. [3 O.C. 302.3-1(o)]. No proclamation of an emergency by the Oneida Business Committee may last for longer than thirty (30) days, unless renewed by the Oneida Business Committee. [3 O.C. 302.8-5]. The federal government has proclaimed a public health emergency related to the spread of the COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses. State governors, including the State of Wisconsin, have declared public health emergencies and state public health officers have issued orders, for example, closing public schools, limiting public gatherings, and closing restaurants and bars except for take-out orders. In accordance with the authority granted to the Oneida Business Committee through the Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” which sets into place the necessary authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The Oneida Business Committee has extended this Public Health State of Emergency until October 12, 2020, through the adoption of the following resolutions:  BC-03-28-20-A Extension of March 12th Declaration of Public Health State of Emergency; Page 1 of 2 Public Packet      62 of 172 BC-05-06-20-A Extension of Declaration of Public Health State of Emergency Until June 11, 2020; BC-06-10-20-A Extension of Declaration of Public Health State of Emergency Until July 12, 2020; BC-07-08-20-A Extension of Declaration of Public Health State of Emergency Until August 11, 2020; BC-08-06-20-A Extension of Declaration of Public Health State of Emergency Until September 11, 2020; and BC-09-09-20-A Extension of Declaration of Public Health State of Emergency Until October 12, 2020. [3 O.C. 302.8-5]. 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. [3 O.C. 302.10]. When a public health emergency has been declared, the COVID-19 Core Decision Making 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, unless identified to be effective for a shorter time period. [3 O.C. 302.10-3]. 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. 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. Then 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 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. Then on July 17, 2020, the “Safe Re-opening Governmental Offices” declaration was issued which provides guidance on how buildings will be safely re-opened to the public. The Emergency Management Director and the Public Health Officer have advised extension of the Public Health State of Emergency declaration supported by information from the Centers for Disease Control and the level of spread of COVID-19 throughout the State of Wisconsin, surrounding states, and the United States. This resolution provides that the Oneida Business Committee has determined that continuing the Public Health State of Emergency continues to be necessary. Through the adoption of this resolution, in accordance with section 302.8-5 of the Emergency Management and Homeland Security law, the Oneida Business Committee extends the Public Health State of Emergency declaration until 11:59 p.m. on November 13, 2020. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 63 of 172 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # 10-8-20-A Extension of Declaration of Public Health State of Emergency Until November 13, 2020 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 federal government has proclaimed a public health emergency related to the spread of the COVID-19 virus and has identified that the spread of the virus has resulted in large numbers of individuals becoming ill and high mortality rates, impacts to the stock markets, and businesses; and WHEREAS, state governors, including the State of Wisconsin, have declared public health emergencies and state public health officers have issued orders, for example, closing public schools, limiting public gatherings, and closing restaurants and bars except for take-out orders; and WHEREAS, on March 12, 2020 the Chairman declared a Public Health State of Emergency, the Oneida Business Committee took actions to take steps to protect the health and welfare of the members, employees and the community, including instituting expenditure restrictions to preserve resources for the provision of governmental services to members most at risk, closure of the Nation’s gaming operations, and insuring that employees will continued to be paid during the Public Health State of Emergency as long as the Nation’s resources will allow; and WHEREAS, the Public Health State of Emergency was extended by resolutions # BC-03-26-20-A, # BC-05-06-20-A, # BC-06-10-20-A, # BC-07-08-20-A, # BC-08-06-20-A, and # BC-09-0920-A; and WHEREAS, the status of the COVID-19 pandemic continues to change daily with identification of hotspots occurring within certain food industries; and WHEREAS, a positive test does not identify the total number of individuals who have the virus, including those who are not showing symptoms or who have isolated themselves at home because not every person is tested; and WHEREAS, the COVID-19 Core Decision Making Team has issued an Open for Business declaration, a less restrictive Stay Safer at Home declaration 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 Public Packet 64 of 172 BC Resolution _______ Extension of Declaration of Public Health State of Emergency Until November 13, 2020 Page 2 of 2 and finally a Re-opening Governmental Offices declaration that provides guidance on how buildings will be re-opened to the public which remain effective during the Public Health State of Emergency; and WHEREAS, the Emergency Management Director and the Public Health Officer have advised extension of the Public Health State of Emergency declaration supported by information from the Centers for Disease Control and the level of spread of COVID-19 throughout the State of Wisconsin, surrounding states, and the United States; and WHEREAS, the Oneida Business Committee has determined that continuing the Public Health State of Emergency continues to be necessary and that its declaration should be longer given the ongoing pandemic impact and the inability to identify mechanisms to control for infection or protect the public; Extension of Public Health State of Emergency Declaration NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-5 of the Emergency Management & Homeland Security Law, the Oneida Business Committee extends the Public Health State of Emergency declaration ending at 11:59 p.m. on November 13, 2020. CERTIFICATION I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is composed of 9 members of whom 5 members constitute a quorum; 8 members were present at a meeting duly called, noticed and held on the 9th day of September, 2020; that the forgoing resolution was duly adopted at such meeting by a vote of 7 members for, 0 members against, and 0 members not voting*; and that said resolution has not been rescinded or amended in any way. ____________________________ Lisa Liggins, Secretary Oneida Business Committee *According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie." Public Packet 65 of 172 Oneida Business Committee Agenda Request Determine next steps regarding one (1) Community-at-Large vacancy - Oneida Nation School Board 1. Meeting Date Requested: 10 / 28 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Appointments Accept as Information only Action - please describe: Determine next steps regarding one (1) Community-At-Large Vacancy - Oneida Nation School Board 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Liggins, Secretary Primary Requestor/Submitter: Brooke Doxtator, Boards, Committees, and Commissions Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 66 of 172 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: One (1) Community-At-Large vacancy was posted for the Oneida Nation School Board. The application deadline was September 18, 2020 and two (2) application(s) were received for the following applicant(s): Melinda J. Danforth Vicki Cornelius Select action(s) provided below: (1) accept the selected the applicant(s) and appoint to term(s) ending July 31, 2021; OR (2) reject the selected applicant(s) and oppose the vote**; OR (3) request the Secretary to re-notice the vacancy(ies) in accordance with §105.7-1.(c)(2) due to ineligible, unqualified, or under qualified applicants 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 Accept the October 5, 2020, regular Finance Committee meeting minutes 67 of 172 Public Packet 68 of 172 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Support /Contact DT: October 6, 2020 RE: E-Poll Results - FC Meeting Minutes of October 5, 2020 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of October 5, 2020. The E-Poll and minutes were sent out yesterday and concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: T here wa s a Maj ori t y of 4 F C m em bers v oti ng t o approv e t he Sept . 14, 2020 F i nance Com mi t t ee Meet i ng Mi nut es. F C Mem bers v ot i ng i ncl uded: Larry Bart on Chad F u ss, Pat ri ck St ensl of f and Jenni f er W eb st er. Ki rby Met ox en abst ai ne d. These Finance Committee Minutes of Oct. 5, 2020 will be placed on the next Finance Committee agenda to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a month for Council acceptance. E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC SOP’s on Electronic Voting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Public Packet 69 of 172 FINANCE COMMITTEE FC REG ULAR M EET ING October 5, 2020 REGU LAR MEETING MINUTES FC MEMBERS PRESENT (Via Teams): C FC MEMBERS ABSENT: OTHERS PRESENT (Via Teams): I. CALL TO ORDER: II. APPROVAL OF AGENDA: , 2020 by to approve by III. C at APPROVAL OF MINUTES: Sept 00 , 2020 , 2020 - - 09 20) , 2020 , 2020 IV. TABLED BUSINESS: V. CAPITAL EXPENDITURES: VI. NEW BUSINESS: 1. FY20 Blkt PO Increase – Walgreens Amount: $30,000. 0 for 2. Larry FY21 Blkt PO – Green Bay Packers Contract - Page 1 of 2 Finance Committee Meeting Minutes of Oct 5, 2020 Amount: $1,262,738. Public Packet 70 of 172 3. Cattle Purchase Amount: $53,975. VII. EXECUTIVE SESSION: VIII. ADMINISTRATIVE /INTERNAL 1. FY21 Community Fund to IX. FOLLOW UP: X. FOR INFORMATION ONLY: XI. ADJOURN: by by Finance Committee Approval Date of Minutes via E-Poll: Page 2 of 2 Finance Committee Meeting Minutes of Oct 5, 2020 Public Packet Accept the October 19, 2020, regular Finance Committee meeting minutes 71 of 172 Public Packet 72 of 172 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Support /Contact DT: October 19, 2020 RE: E-Poll Results - FC Meeting Minutes of October 19, 2020 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of Oct. 19, 2020. The E-Poll and minutes were sent out and concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: T her e wa s a M aj or it y of 5 F C m em ber s v ot i ng t o a pp r o v e t h e O c t. 19 , 20 2 0 Fi na nc e C om m itte e Me e ti n g M in ut es . FC M em ber s vo t in g i nc l ud e d: Pa tr ic k St e ns lof f , J en n if er W ebs t er, Cr is t i n a D a nf o r th , K ir b y Me tox [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%3A2146bea6767ff89a. Public record. Not legal advice.