Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, May 12, 2021

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

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to TribalSecretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

A.

V.

Approve the April 28, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

A.

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until July 11th, 2021

Sponsor: Tehassi Hill, Chairman

B.

Adopt resolution entitled Staying Safer At Home Policy – COVID-19 Pandemic

Sponsor: Jo Anne House, Chief Counsel

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C.

Adopt resolution entitled Safer Re-Opening of Government Offices – COVID-19

Pandemic

Sponsor: Jo Anne House, Chief Counsel

D.

Adopt the resolution entitled Emergency Amendments to the Budget Management

and Control Law

Sponsor: David P. Jordan, Councilman

E.

Adopt resolution entitled Emergency Amendments to the Oneida Nation Gaming

Ordinance

Sponsor: David P. Jordan, Councilman

F.

Adopt resolution entitled Approval of Use of Economic Development, Diversification

and Community Development Fund for Cemetery Improvements, CIP 14-002

Sponsor: Brandon Stevens, Vice-Chairman

G.

Adopt the resolution entitled You Are Not Alone’ Mental Health Awareness Month –

May 2021

Sponsor: Daniel Guzman King, Councilman

APPOINTMENTS

A.

Determine next steps regarding three (3) vacancies - Oneida Youth Leadership

Institute Board

Sponsor: Lisa Liggins, Secretary

B.

Determine next steps regarding three (3) vacancies - Oneida Airport Hotel

Corporation

Sponsor: Lisa Liggins, Secretary

C.

Determine next steps regarding one (1) Oneida Social Services Division

Representative - Pardon and Forgiveness Screening Committee

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

A.

LEGISLATIVE OPERATING COMMITTEE

1.

B.

Accept the April 21, 2021, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

1.

Approve the March 18, 2021, regular Quality of Life meeting minutes

Sponsor: Marie Summers, Councilwoman

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NEW BUSINESS

A.

IX.

Approve an exception to the Stay Safer at Home declaration for the travel request

from Election Board - Travel to SEOTS location for 2021 Special Election Milwaukee, WI - July 9-11, 2021

Sponsor: Candace House, Election Board Chair

REPORTS

A.

OPERATIONAL

1.

X.

Accept the Emergency Management FY-2021 2nd quarter report

Sponsor: Kaylynn Gresham, Director/Emergency Management

EXECUTIVE SESSION

A.

B.

REPORTS

1.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

2.

Accept the Human Resource Department FY-2021 2nd quarter executive

report

Sponsor: Geraldine Danforth, Area Manager/Human Resources

3.

Accept the Retail FY-2021 2nd quarter executive report

Sponsor: Eric McLester, Retail General Manager

AUDIT COMMITTEE

1.

C.

Accept the OGE/Thornberry Creek follow up to the RSM FY-2018 audit and lift

the confidentiality requirement

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

1.

Review applications for three (3) vacancies - Oneida Youth Leadership

Institute Board

Sponsor: Lisa Liggins, Secretary

2.

Review applications for three (3) vacancies - Oneida Airport Hotel Corporation

Sponsor: Lisa Liggins, Secretary

3.

Review recommendation for one (1) Oneida Social Services Division

Representative - Pardon and Forgiveness Screening Committee

Sponsor: Lisa Liggins, Secretary

4.

Approve the Trane US Inc contract – file # 2021-0292

Sponsor: Jacque Boyle, Division Director/Development Operations

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5.

Approve the FY-2021 section 105 (l) lease agreement modifications, authorize

the Chairman to sign, and Self Governance to submit to IHS

Sponsor: Candice Skenandore, Coordinator/Self-Governance

6.

Approve letter of support for R. Webster book proposal

Sponsor: Jo Anne House, Chief Counsel

7.

Determine next step regarding the Oneida Vocational Rehabilitation Program

grant funded Counselor/Administrator position

Sponsor: Geraldine Danforth, Area Manager/Human Resources

8.

Determine next steps regarding the Retail General Manager request to

convert two (2) Limited Term Employee positions to permanent full-time

status

Sponsor: Eric McLester, Retail General Manager

9.

Determine next steps regarding the restructure of the Human Resources

Department

Sponsor: Jessica Vandekamp, Employee Relations Representative

10.

Determine next steps regarding the Retail Interim General Manager

Sponsor: Marie Summers, Councilwoman

11.

Review and determine next steps regarding CIP prioritization for potential

American Rescue Plan Act Fund Use

Sponsor: Brandon Stevens, Vice-Chairman

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

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Approve the April 28, 2021, regular Business Committee meeting minutes

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, April 28, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, 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: n/a;

Others present: Jo Anne House, Larry Barton, Clorissa Santiago, Kristen Hooker, Danelle Wilson (via

Microsoft Teams1) Susan House (via Microsoft Teams), Beverly Anderson (via Microsoft Teams), Debbie

Melchert (via Microsoft Teams), Aliskwet Ellis (via Microsoft Teams), Frances Brigham (via Microsoft

Teams), Kent Hutchinson (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Kristin JorgensonDann (via Microsoft Teams), Kelli Strickland (via Microsoft Teams), Rae Skenandore (via Microsoft

Teams), Justin Nishimoto (via Microsoft Teams), Jessica Vandekamp (via Microsoft Teams), Lori Hill (via

Microsoft Teams), Melinda J. Danforth (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams),

Paula King Dessart (via Microsoft Teams), Geraldine Danforth (via Microsoft Teams), Ravinder Vir (via

Microsoft Teams), Michelle Myers (via Microsoft Teams), Debra Danforth (via Microsoft Teams), Ralinda

Ninham-Lamberies (via Microsoft Teams), Loucinda Conway (via Microsoft Teams),Chad Fuss (via

Microsoft Teams), Kaylynn Gresham (via Microsoft Teams),Jacque Boyle (via Microsoft Teams), Jackie

Smith (via Microsoft Teams), Pat Pelky (via Microsoft Teams), Jason Doxtator (via Microsoft Teams), Eric

McLester (via Microsoft Teams), Mike Day (via Microsoft Teams), James Bittorf (via Microsoft Teams),

Carl Artman (via Microsoft Teams), Candice Skenandore (via Microsoft Teams), Tana Aguirre (via

Microsoft Teams), Brandon Wisneski (via Microsoft Teams), Melissa Nuthals (via Microsoft Teams), Chad

Wilson;

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:31 a.m.

For the record: All Business Committee members are present.

For the record: Secretary Lisa Liggins will be leaving at 9:30 a.m. to testify at the State Budget Virtual

Hearing.

For the record: Treasurer Tina Danforth will be leaving at 10:15 a.m. for a conference call with the

Native American Finance Officers Association.

For the record: Councilman Kirby Metoxen will be leaving early at 3:50 p.m. for a meeting with the

Oneida Airport Hotel Corporation.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings

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II.

OPENING (00:00:09)

Opening provided by Chairman Tehassi Hill

III.

ADOPT THE AGENDA (00:01:36); (01:45:37)

Motion by Jennifer Webster to adopt the agenda with one (1) addition [1) under section executive

session new business, add item number five determine next steps for complaint File # 2021-DR05-02],

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 Lisa Liggins to add item X.D.6. Determine next steps regarding DR14 to the 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

Item IX.D was addressed next

IV.

OATH OF OFFICE

A.

Anna John Resident Centered Care Community Board - Kristin Jorgenson-Dann

and Beverly Anderson (00:02:32)

Sponsor: Lisa Liggins, Secretary

Oaths of office administered by Secretary Lisa Liggins. Kristin Jorgenson-Dann and Beverly Anderson

were present via Microsoft Teams.

B.

Oneida Nation Arts Board - Kent Hutchison, Kelli Strickland, and Frances Brigham

(00:02:32)

Sponsor: Lisa Liggins, Secretary

Oaths of office administered by Secretary Lisa Liggins. Kent Hutchison, Kelli Strickland, and Frances

Brigham were present via Microsoft Teams.

V.

MINUTES

A.

Approve the April 14, 2021, regular Business Committee meeting minutes

(00:05:53)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the April 14, 2021, regular 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

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B.

Approve the March 24, 2021, regular Business Committee meeting minutes

pending adding the audio markers (00:06:37)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to approve the March 24, 2021, regular Business Committee meeting

minutes pending adding the audio markers, 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

VI.

RESOLUTIONS

A.

Adopt resolution entitled Emergency Amendments to the Pardon and Forgiveness

Law (00:07:00)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to adopt resolution entitled Emergency Amendments to the Pardon and

Forgiveness Law, 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

B.

Adopt resolution entitled Emergency Amendments to the Election Law (00:16:33)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to adopt resolution entitled Emergency Amendments to the Election Law,

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

C.

Adopt resolution entitled Safely Scheduling General Tribal Council Meetings COVID-19 Health Risk Impacts (00:20:14)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to adopt resolution entitled Safely Scheduling General Tribal Council Meetings COVID-19 Health Risk Impacts, 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

D.

Adopt resolution entitled Proclamation of May 5th as a Day of Awareness for

Missing and Murdered Indigenous Women (MMIW) (00:24:19)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Liggins to adopt resolution entitled Proclamation of May 5th as a Day of Awareness for

Missing and Murdered Indigenous Women (MMIW), 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

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VII.

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

Accept the April 5, 2021, regular Finance Committee meeting minutes (00:29:05)

Sponsor: Tina Danforth, Treasurer

Motion by Jennifer Webster to accept the April 5, 2021, regular Finance 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

2.

Accept the April 19, 2021, regular Finance Committee meeting minutes

(00:29:37)

Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the April 19, 2021, regular Finance 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

B.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the April 7, 2021, regular Legislative Operating Committee meeting

minutes (00:30:57)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the April 7, 2021, regular Legislative Operating 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

2.

Adopt the Pardon and Forgiveness Screening Committee bylaws amendments

(00:31:23)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Pardon and Forgiveness Screening Committee bylaws

amendments, 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

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VIII.

TRAVEL REQUESTS

A.

Approve an exception to the Stay Safer at Home declaration for the travel request

from Kerry Metoxen - County Veterans Services Officers Association of Wisconsin

Spring Conference- Kalahari Resorts - Wisconsin Dells, WI - June 6-11, 2021

(00:34:37)

Sponsor: Tina Jorgenson, Division Director/Governmental Services

Motion by Jennifer Webster to approve the exception noting that the training is to maintain

accreditation with the Department of Veteran's Affairs, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, Brandon Stevens, Marie

Summers, Jennifer Webster

Opposed:

Lisa Liggins

Abstained:

David P. Jordan, Kirby Metoxen

IX.

NEW BUSINESS

A.

Approve the Oneida Trust Enrollment Committee Oneida Business Committee

memorandum of agreement (00:41:20)

Sponsor: Keith Doxtator, Director, Trust Enrollment Department

Motion by David P. Jordan to approve the Oneida Trust Enrollment Committee Oneida Business

Committee memorandum of agreement, 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

B.

Considerations regarding the Budget Management and Control Law (00:42:40)

Sponsor: Lisa Liggins, Secretary

Councilman Daniel Guzman King left at 9:52 a.m.

Secretary Lisa Liggins left at 9:30 a.m.

Chairman Tehassi Hill left at 9:34 a.m.

Chairman Tehassi Hill returned at 9:38 a.m.

Motion by Kirby Metoxen to acknowledge we are out of compliance and going forward we get into

compliance. Motion failed due to lack of support.

Motion by David P. Jordan to direct the LOC [Legislative Operating Committee] to have emergency

amendments to the Budget Management and Control law to remove much of the budget

process/deadlines and leave it simply at a budget should be adopted by September 30, 2021 and

direct the LOC to continue working with Finance to get the Budget Management and Control law

amended, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer

Webster

Not Present:

Lisa Liggins

Opposed:

Kirby Metoxen, Marie Summers

Abstained:

Tina Danforth

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For the record: Councilwoman Marie Summers state the reason why I am opposing is that the Budget

Management and Control law is not being followed. It is out of compliance and we either should repeal

it or not use it at all. Amending it is going to make it have little teeth to it. It is going to be very generic

and general with little guidelines since we’re halfway through the process maybe three quarters

through the process. That is, I don’t believe in breaking the law and using pieces of it for the

convenience of getting through a process thank you.

For the record: Councilwoman Jennifer Webster state I chose this option because it gives us some

guidelines. Some guidelines some type of map is better then no map at all.

C.

Accept the Kunhi-yó "I'm Healthy" event notice and request BC members to

provide an opening each day (01:35:20)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to accept as information and identify Chair and Vice-Chair to provide

openings on August 31st and September 1st., seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Kirby Metoxen, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Lisa Liggins

Councilman Daniel Guzman King returned at 10:10 a.m.

D.

Review and enter into the record - the Oneida Nation School System employment

form - Administrator contract – file # 2021-0131 (01:36:47); (01:46:10)

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Motion by David P. Jordan to defer items D. through G. until after executive session, seconded by

Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Lisa Liggins

Motion by David P. Jordan to approve and enter into the record - the Oneida Nation School System

employment form - Administrator contract – file # 2021-0131, seconded by Marie Summers. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Kirby Metoxen

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E.

Review and enter into the record - the Oneida Nation School System employment

form - Employee contract – file # 2021-0132 (01:36:47); (01:48:00)

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Motion by David P. Jordan to defer items D. through G. until after executive session, seconded by

Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Lisa Liggins

Motion by Jennifer Webster to approve and enter into the record - the Oneida Nation School System

employment form - Employee contract – file # 2021-0132, seconded by Marie Summers. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Kirby Metoxen

F.

Review and enter into the record - the Oneida Nation School System employment

form - Food Service contract – file # 2021-0133 (01:36:47); (01:48:25)

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Motion by David P. Jordan to defer items D. through G. until after executive session, seconded by

Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Lisa Liggins

Motion by Marie Summers to approve and enter into the record - the Oneida Nation School System

employment form - Food Service contract – file # 2021-0133, seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Kirby Metoxen

G.

Review and enter into the record - the Oneida Nation School System employment

form - Superintendent contract – file # 2021-0134 (01:36:47); (01:48:47)

Sponsor: Aaron Manders, Chairman/Oneida Nation School Board

Motion by David P. Jordan to defer items D. through G. until after executive session, seconded by

Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Lisa Liggins

Motion by Marie Summers to approve and enter into the record - the Oneida Nation School System

employment form - Superintendent contract – file # 2021-0134, seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Kirby Metoxen

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Item X.A.1. was addressed next

H.

Enter the e-poll results into the record regarding the authorization for the

Chairman to sign the National Native American Boarding School Healing Coalition

letter to the Catholic Church (01:42:03)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to enter the e-poll results into the record regarding the authorization for the

Chairman to sign the National Native American Boarding School Healing Coalition letter to the Catholic

Church, 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

I.

Enter the e-poll results into the record regarding the approval to transfer of the GM

level of sign-off to Secretary, as primary, and to Chair or Vice-Chair, as back-up

(01:42:37)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the approval to transfer

of the GM level of sign-off to Secretary, as primary, and to Chair or Vice-Chair, as back-up, seconded

by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon

Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

Not Present:

Lisa Liggins

J.

Enter e-poll results into the record regarding the approval of nomination and letter

for Councilman Daniel Guzman King to serve on the U.S. Environmental

Protection Agency's Local Government Advisory Committee (01:44:14)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to enter the e-poll results into the record regarding the approval of

nomination and letter for Councilman Daniel Guzman King to serve on the U.S. Environmental

Protection Agency's Local Government Advisory Committee, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Lisa Liggins

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X.

EXECUTIVE SESSION (01:44:44)

Motion by Kirby Metoxen to go into executive session at 10:15 a.m., seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Not Present:

Lisa Liggins

The Oneida Business Committee, by consensus, recessed at 12:00 a.m. to 1:30 p.m.

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;

Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens;

Councilwoman Marie Summers; Councilwoman Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Meeting called to order by Chairman Tehassi Hill at 1:30 p.m.

For the record: Councilman Kirby Metoxen left at 3:50 p.m.

Treasurer Tina Danforth returned at 5:30 p.m.

For the record: Treasurer Tina Danforth left at 5:43 p.m.

Motion by David P. Jordan to come out of executive session at 5:53 p.m., seconded by Marie

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins, Kirby Metoxen

For the record: Secretary Lisa Liggins returned at 10:16 a.m.

Item III was addressed next

A.

REPORTS

1.

Accept the March 2021 Treasurer's report (01:49:15)

Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the March 2021 Treasurer's report, seconded by Marie Summers.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

2.

Accept the Chief Counsel report (01:49:37)

Sponsor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Marie Summers. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

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3.

Accept the Chief Financial Officer April 2021 report (01:49:53)

Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to accept the Chief Financial Officer April 2021 report, seconded by Lisa

Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

4.

Accept the Intergovernmental Affairs, Communications, and Self-Governance

April 2021 report (01:50:00)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Jennifer Webster to accept the Intergovernmental Affairs, Communications, and SelfGovernance April 2021 report, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Motion by David P. Jordan to approve the letter nominating Councilwoman Jennifer Webster to the

Tribal Self Governance Advisory Committee; authorize the Chairman to sign the letter, and direct Self

Governance to submit the letter to the Tribal Self Governance Advisory Committee for consideration at

the July meeting, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Motion by Jennifer Webster to direct the Chairman to send a letter acknowledging the Menominee

Nation's request, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

B.

AUDIT COMMITTEE

1.

Accept the March 18, 2021, regular Audit Committee meeting minutes (01:51:20)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the March 18, 2021, regular Audit Committee meeting minutes,

seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 14

April 28, 2021

Public Packet

15 of 176

DRAFT

2.

Accept the Complimentary Services or Items compliance audit and lift the

confidentiality requirement (01:51:29)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Complimentary Services or Items compliance audit and lift the

confidentiality requirement, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

3.

Accept the Three Card Poker Rules of Play compliance audit and lift the

confidentiality requirement 01:51:47)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the Three Card Poker Rules of Play compliance audit and lift the

confidentiality requirement, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

4.

Accept the BC Members Credit Card Activity operational audit and lift the

confidentiality requirement (01:52:05)

Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the BC Members Credit Card Activity operational audit and lift the

confidentiality requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

5.

Accept the Anna John Resident Centered Care Community performance

assurance audit and lift the confidentiality requirement (01:52:20)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Anna John Resident Centered Care Community performance

assurance audit and lift the confidentiality requirement, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

6.

Accept the Eco-Services performance

confidentiality requirement (01:52:35)

Sponsor: David P. Jordan, Councilman

assurance

audit

and

lift

the

Motion by Jennifer Webster to accept the Eco-Services performance assurance audit and lift the

confidentiality requirement, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 14

April 28, 2021

Public Packet

16 of 176

DRAFT

7.

Accept the Finance Administration performance assurance audit and lift the

confidentiality requirement (01:52:53)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Finance Administration performance assurance audit and lift

the confidentiality requirement, seconded by Lisa Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

8.

Accept the Natural Resources performance assurance audit and lift the

confidentiality requirement (01:53:10)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the Natural Resources performance assurance audit and lift the

confidentiality requirement, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

9.

Accept the OGE/Thornberry Creek follow up to RSM Audit of FY2018 audit and

lift the confidentiality requirement (01:53:28)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to defer the OGE/Thornberry Creek follow up to RSM Audit of FY2018 to

the May 12, 2021, regular Business Committee Meeting, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

C.

UNFINISHED BUSINESS

1.

Accept the HR Area Manager's follow up report regarding the process for

layoffs, furloughs, and recalls (01:53:55)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by David P. Jordan to accept the HR Area Manager's follow up report regarding the process for

layoffs, furloughs, and recalls, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

2.

Accept the update regarding the draft Comprehensive Health COVID-19

Spending Plan (01:54:14)

Sponsor: Debra Danforth & Ravinder Vir/Director/Comprehensive Health

Motion by Jennifer Webster to approve the verbal update regarding the draft Comprehensive Health

COVID-19 Spending Plan with the final report being sent to the May 12, 2021 BC Regular Meeting,

seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Marie

Summers, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 14

April 28, 2021

Public Packet

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DRAFT

D.

NEW BUSINESS

1.

Accept the April 5, 2021, regular OBC Officer meeting notes (01:54:43)

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by Marie Summers to accept the April 5, 2021, regular OBC Officer meeting notes, seconded

by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

2.

Review the draft recommendation from the Community/Public Health Officer

regarding the Nation's Public Health State of Emergency (01:55:00)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to accept the draft recommendation from the Community/Public Health

Officer regarding the Nation's Public Health State of Emergency as information, seconded by Lisa

Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

3.

Determine next steps regarding the Oneida MIS Assessment (01:55:21)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to appoint a subcommittee of Brandon Stevens, Marie Summers, David

Jordan, Daniel Guzman King, and Lisa Liggins, to carry out all hiring processes of the IT Director and

CIO positions, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Motion by David P. Jordan to direct Jason Doxtator to send the contract addendum to the Law Office

for review, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

4.

Enter the e-poll results into the record regarding the approved attorney contract

with Arlinda Locklear, contract # 2021-0204 (01:55:48)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved attorney

contract with Arlinda Locklear, contract # 2021-0204, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 14

April 28, 2021

Public Packet

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DRAFT

5.

Determine next steps regarding complaint File # 2021-DR05-02 (01:56:21)

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by Lisa Liggins to determine complaint # 2021-DR05-02 has no merit and is considered closed,

seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Motion by Lisa Liggins to accept the concern as information and direct the Employee Relation

Representative to setup a follow up meeting with DR05 to review annual expectations, seconded by

Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

6.

Accept resignation of DR14 and determine next steps (01:57:15)

Motion by Lisa Liggins to accept the two-week notice of resignation dated April 28, 2021, seconded by

David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers

Abstained:

Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Motion by David P. Jordan to place notice of violation of the employment contract in the employee file,

seconded by Lisa Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers

Abstained:

Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Motion by David P. Jordan to post the vacancy and assign Chairman Tehassi Hill, Secretary Lisa

Liggins, and Councilman Daniel Guzman King to a sub-team to carry out all the hiring processes for

BC DR14, seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

XI.

ADJOURN (01:58:26)

Motion by Daniel Guzman King to adjourn at 06:06 p.m., seconded by Marie Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Not Present:

Tina Danforth, Kirby Metoxen

Minutes prepared by Chad Wilson, Senior Information Management Specialist.

Minutes approved as presented on

.

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 14

April 28, 2021

Public Packet

19 of 176

Business Committee Agenda Request

1. Meeting Date Requested:

05/12/21

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:

CWILSON1

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Oneida Business Committee Agenda Request

Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until July 11th, 202

1. Meeting Date Requested:

5

/ 12 / 21

2. General Information:

Session:

Open

Executive - See instructions for the applicable laws, then choose one:

Other - type reason

Agenda Header:

Resolutions

Accept as Information only

Action - please describe:

Business Committee to consider extending the Public Health State of Emergency by adopting the attached

resolution.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Resolution

3. Public Health Recommendation

2. Statement of Effect

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Tehassi Hill, Chairman

Primary Requestor/Submitter:

Melinda J. Danforth, Director of Intergovernmental Affairs & Communication

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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21 of 176

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On March 12, 2020 the Oneida Business Committee declared a Public Health State of Emergency due to the need

to slow the transmission and decrease the spread of COVID 19. The declaration has been extended thirteen times

and is set to expire on May 12, 2021.

Attached is a professional recommendation from Emergency Management, Oneida Health Officials and the

Public Health Officer recommending an extension of the Public Health Emergency.

Requested Action:

1. Business Committee consider extending the Public Health State of Emergency Declaration, by adopting the

attached resolution.

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

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # ___________

Extension of Declaration of Public Health State of Emergency Until July 11th, 2021

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, # BC-09-09-20-A,

# BC-10-08-20-A, # BC-11-10-20-A, # BC-12-09-20-D, BC-1-07-21-A, BC-2-10-21-A, and

BC-3-10-21-D; and

WHEREAS,

the status of the COVID-19 pandemic continues to change daily with identification of

hotspots occurring within certain industries and areas which are more clearly identified in

the Public Health Officer Report which supports this resolution; 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

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BC Resolution _______

Extension of Declaration of Public Health State of Emergency Until July 11th, 2021

Page 2 of 2

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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

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 for 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 July 11th, 2021.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Extension of Declaration of Public Health State of Emergency Until July 11, 2021

Summary

This resolution extends the Nation’s declaration of the Public Health State of Emergency until July

11, 2021.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: April 28, 2021

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management 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 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 poses a high probability of a large number of deaths

or serious or long-term disability among humans. [3 O.C. 302.3-1(p)]. No proclamation of an

emergency by the Oneida Business Committee may last for longer than sixty (60) days, unless

renewed by the Oneida Business Committee. [3 O.C. 302.8-2].

As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida

Business Committee through the Emergency Management law, on March 12, 2020, Chairman

Tehassi Hill signed a “Declaration of Public Health State of Emergency” which set 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 May 12, 2021, through the adoption of the following resolutions: BC-03-26-20-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, BC-10-08-20-A,

BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D. [3 O.C.

302.8-5].

The Emergency Management Director and the Community/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

Page 1 of 2

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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 302.8-2 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 July 11, 2021.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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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:

Debra Danforth, Oneida Comprehensive Health Division Operations Director

Dr Vir, Oneida Comprehensive Health Division Medical Director

Michelle Myers, Community/ Public Health Officer

Date:

April 26, 2021

RE:

Recommendations to extend public health emergency

Data demonstrates continued community spread of COVID-19 disease, both at the State

and Local levels. Although COVID-19 vaccine was added to our toolbox in late December

2020, initial supplies were limited and rolled out in phases. More time is needed to

vaccinate enough individuals to build the heard immunity needed to stop the spread of

COVID-19.

In collaboration with Oneida Emergency Management, the health response team

recommends the Oneida Business Committee extend the public health emergency,

at minimum, through July 2021.

Thank you for your continued collaboration and partnership as we work together to stop the

spread of COVID-19 in the Oneida community.

Sincerely,

Michelle Myers BSN, RN

Community/ Public Health Officer

CC: Kaylyn Gresham

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

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Oneida Comprehensive Health Division

Oneida Community Health Center

Behavioral Health Services

Anna John Resident Centered Care Community

Employee Health Nursing

April 26, 2021

Updated COVID19 data to consider during

discussions to extend the Oneida Nation Public

Health Emergency declaration.

Submitted by:

Debbie Danforth, Dr Vir, Michelle Myers

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

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Relevant COVID-19 Data:

WI Department of Health Services- Public Health

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

U.S. Centers for Disease Control and Prevention

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

https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats

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WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 04/26/2021

https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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Adopt resolution entitled Staying Safer At Home Policy – COVID-19 Pandemic

/

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Motion to adoption resolution titled "Staying Safer at Home Policy."

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #

Staying Safer At Home Policy – COVID-19 Pandemic

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 amendments to the Emergency Management

and Homeland Security Law to create the COVID-19 Core Decision Making Team at the

beginning of the Public Health State of Emergency and delegated authority to issue

declarations to protect the health and safety of members and those living within the Oneida

Reservation ; and

WHEREAS,

the COVID-19 Core Decision Making Team issued several declarations intended to protect

the public health within the Oneida Reservation and updated those declarations from time

to time as the U.S. Center for Disease Control, the medical community and the scientific

community were able to update and identify the impacts and transmission of the COVID19 virus; and

WHEREAS,

the Oneida Nation Public Health State of Emergency declared on March 12, 2020 has been

extended and currently remains in effect through May 12, 2021; and

WHEREAS,

the Emergency Management Law has been adopted, which supersedes the Emergency

Management and Homeland Security Law, which continues the authorization of the Oneida

Business Committee to “modify, extend, or repeal any declaration or emergency action

taken by the Emergency Core Decision Making Team,” section 302.9-6; and

WHEREAS,

the Oneida Business Committee has determined that the Stay Safer at Home Declaration,

issued June 10, 2020 by the COVID-19 Core Decision Making Team should be updated to

reflect the current status and understanding of the pandemic and vaccinations; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts this Staying Safer at

Home Policy for immediate implementation and lasting until the conclusion of the Public Health State of

Emergency regarding the COVID-19 Pandemic in accordance with section 302.9-6 of the Emergency

Management Law superseding any prior Declaration that conflicts with this policy, specifically superseding

the Safer at Home and updates and the Stay Safer at Home Declarations issued by the COVID-19 Core

Decision Making Team.

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BC Resolution _____________

Staying Safer At Home Policy – COVID-19 Pandemic

Page 2 of 3

1. Recommendation to Stay at Home or Place of Residence. It is recommended that all individuals present

within the Oneida Reservation stay at home or at their place of residence to reduce contact spread of

COVID-19.

2. Business Operations. All businesses within the Oneida Reservation are encouraged to maintain public

health safety protocols at least as stringent as those set by the Wisconsin Economic Development

Corporation or the Center for Disease Controls, whichever is greater.

3. Prohibited Activities. All public and private gatherings are discouraged. Individuals are encouraged to

follow Centers for Disease Control recommendations on public and private gatherings to avoid the spread

of COVID-19. Nothing in this policy prohibits the gathering of members of a single household or living unit.

Landlords or rental property managers shall avoid entering leased residential premises unless emergency

maintenance is required.

4. Libraries. Libraries should consider re-opening consistent with surround jurisdictions and in compliance

with public safety guidelines issued by the Oneida Nation or that of the surrounding jurisdictions, whichever

is greater. In the interim. public libraries shall remain closed for all in-person services, except that they may

provide the following services:

a. On-line services and programming.

b. Curb-side pick-up of books and other library materials, if all operations are performed by one

person in a room or confined space. Materials must be requested online or by phone before pickup. The library may not require a signature from the patron. The library must schedule pick-ups to

ensure compliance with Social Distancing Requirements as defined in Section 16 of this policy.

5. Playgrounds and Parks. Public parks and open space are reopened. Ball fields and other recreation

areas used for sporting activities are re-opened subject to the policies identified by athletic organizations of

Social Distancing Requirements. Provided that, notices shall be placed at playgrounds and public parks

that public restroom facilities and drinking fountains are cleaned daily and park users should take personal

precautions utilizing Social Distancing Requirements as defined in Section 16 of this policy. Provided further

that the Public Health Officer, if any of the following occur:

a. The number of people frequenting the area at one time makes it difficult to comply with Social

Distancing Requirements.

b. Repeated vandalism or disturbing the peace.

c. Repeated violations of this policy that create a risk to individuals in the area.

6. Public Transit. Individuals riding on public transit shall wear face masks and must comply with Social

Distancing Requirements to the greatest extent possible.

7. Elderly and At-Risk Persons. Elderly people and those who are vulnerable as a result of underlying health

conditions should take additional precautions. People at high risk of severe illness from COVID-19 and

people who are sick are urged to stay in their home or residence to the extent possible except as necessary

to seek medical care. Nothing in this policy prevents the Public Health Officer from issuing and enforcing

isolation and quarantine orders pursuant to the Emergency Management Law, Chapter 302.

8. Travel. Individuals engaged in any travel are encouraged to comply with Social Distancing Requirements

to the extent possible.

9. Social Distancing Requirements. For purposes of this policy, Social Distancing Requirements includes:

a. Maintaining social distancing of six (6) feet between people;

b. Washing hands with soap and water for at least 20 seconds as frequently as possible or using

hand sanitizer;

c. Wearing face coverings in public and in all situations where the individual encounters others as

identified by the U.S. Centers for Disease Control;

d. Covering coughs or sneezes (into the sleeve or elbow, not hands);

e. Regularly cleaning high-touch surfaces;

f. Not shaking hands; and

g. Following all other public health recommendations issued by the U.S. Centers for Disease

Control.

10. Enforcement. This policy is enforceable by any local law enforcement official in accordance with section

302.10 of the Emergency Management Law. Violation or obstruction of this policy is punishable by a fine

up to $200 in accordance with the Declaration: Emergency Management and Homeland Security Law Fine

and Penalty Schedule, issued March 19, 2020.

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BC Resolution _____________

Staying Safer At Home Policy – COVID-19 Pandemic

Page 3 of 3

11. Severability. If any provision of this policy or its application to any person or circumstance is held to be

invalid, then the remainder of the policy, including the application of such part or provision to other persons

or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions

of this policy are severable.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Staying Safer At Home Policy – COVID-19 Pandemic

Summary

This resolution adopts this Staying Safer At Home Policy plan for immediate implementation and

lasting until the conclusion of the Public Health State of Emergency regarding the COVID-19

pandemic in accordance with section 302.9-6 of the Emergency Management law superseding any

prior declaration that conflicts with this policy, specifically superseding the “Safer at Home” and

updates and the “Stay Safer at Home” declarations issued by the COVID-19 Core Decision Making

Team.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: April 6, 2021

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management law, formally known as 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 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(p)]. No proclamation

of an emergency by the Oneida Business Committee may last for longer than sixty (60) days,

unless renewed by the Oneida Business Committee. [3 O.C. 302.8-2].

As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida

Business Committee through the Emergency Management 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 May 12, 2021, through the adoption of the following resolutions: BC-03-26-20-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, BC-10-08-20-A,

BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D. [3 O.C.

302.8-2].

Page 1 of 3

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On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management law through resolution BC-03-17-20-E to create and delegate authority

to a COVID-19 Core Decision Making Team so that upon the declaration of a public health

emergency, the COVID-19 Core Decision Making Team would have 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.

302.9-2]. These declarations remain in effect for the duration of the Public Health State of

Emergency, unless identified to be effective for a shorter period of time. [3 O.C. 302.9-4]. The

Oneida Business Committee then permanently adopted amendments to the Emergency

Management law through resolution BC-03-10-21-A which incorporated the authority of an

Emergency Core Decision Making Team to make declarations.

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 law allows the Oneida Business Committee to modify, extend, or

repeal any declaration or emergency action taken by an Emergency Core Decision Making Team.

[3 O.C. 302.9-6]. Through this resolution the Oneida Business Committee adopts this Staying

Safer at Home Policy for immediate implementation and lasting until the conclusion of the Public

Health State of Emergency regarding the COVID-19 Pandemic in accordance with section 302.96 of the Emergency Management law superseding any prior declaration that conflicts with this

policy, specifically superseding the “Safer at Home” declaration and updates and the “Stay Safer

at Home” declaration issued by the COVID-19 Core Decision Making Team. The Staying Safer

at Home Policy addresses and provides guidance for the following issues:

 Recommendation to Stay at Home or Place of Residence;

 Business Operations;

 Prohibited Activities;

 Libraries;

 Playgrounds and Parks;

 Public Transit;

 Elderly and At-Risk Persons;

 Travel;

 Social Distancing Requirements;

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Enforcement; and

Severability.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 3 of 3

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Adopt resolution entitled Safer Re-Opening of Government Offices – COVID-19 Pandemic

/

/

Motion to adoption resolution titled "Safer Re-Opening of Government Offices - COVID-19 Pandemic."

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #

Safer Re-Opening of Government Offices – COVID-19 Pandemic

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 amendments to the Emergency Management

and Homeland Security Law to create the COVID-19 Core Decision Making Team at the

beginning of the Public Health State of Emergency and delegated authority to issue

declarations to protect the health and safety of members and those living within the Oneida

Reservation ; and

WHEREAS,

the COVID-19 Core Decision Making Team issued several declarations intended to protect

the public health within the Oneida Reservation and updated those declarations from time

to time as the U.S. Center for Disease Control, the medical community and the scientific

community were able to update and identify the impacts and transmission of the COVID19 virus; and

WHEREAS,

the Oneida Nation Public Health State of Emergency declared on March 12, 2020 has been

extended and currently remains in effect through May 12, 2021; and

WHEREAS,

the Emergency Management Law has been adopted, which supersedes the Emergency

Management and Homeland Security Law, which continues the authorization of the Oneida

Business Committee to “modify, extend, or repeal any declaration or emergency action

taken by the Emergency Core Decision Making Team,” section 302.9-6; and

WHEREAS,

the Oneida Business Committee has determined that the Safe Re-Opening of

Governmental Offices, issued July 17, 2020 by the COVID-19 Core Decision Making Team

should be updated to reflect the current status and understanding of the pandemic and

vaccinations; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts this Safer Re-Opening of

Government Offices for immediate implementation and lasting until the conclusion of the Public Health

State of Emergency regarding the COVID-19 Pandemic in accordance with section 302.9-6 of the

Emergency Management Law superseding any prior Declaration that conflicts with this policy, specifically

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BC Resolution _____________

Title is Inserted Here with Title Case Capitalization

Page 2 of 2

superseding the Safe Re-Opening of Government Offices Declaration issued by the COVID-19 Core

Decision Making Team.

1. Sanitization. Employee and public areas require ongoing sanitization during the day as it is

accessed and daily as it is used as recommended by the U.S. Centers for Disease Control.

2. Notice of Re-Opening of Offices/Building. The Department of Public Works Division Director and

Building Manager of the building shall be notified by the program manager or business unit

manager that he or she intends to re-open the office or building to the public. The notice shall

provide an estimate of the number of employees and public that will be in and/or accessing the

office and/or building daily and the time including the days of the week that the office or building

will be accessible. The program manager or business unit manager shall request the Division

Director to identify when appropriate staffing can be scheduled to allow the building to be cleaned.

3. Employee Offices. Employee offices, cubicles, workspaces shall be maintained in a clean and

clutter free manner to assist in sanitization and cleaning. Personal items on shelves, cabinets,

bookshelves should be removed or boxed up. Papers should be filed or placed within drawers at

the end of the workday, desktops should be clean of all items except phones and computers.

Provided that, in offices where no employees or public enter offices, a sign may be placed on the

door that the employee will clean their own offices.

4. Employee and Public Social Distancing. No business unit may re-open a building where the social

distancing requirements cannot be maintained by both personnel and public.

5. Signage. All public access points, entrances to business units, and in prominent places within the

building shall have signage which identifies masking requirements, social distancing, and whether

the area is limited to employees only.

a. Public access points shall have prominently displayed notice that face masks are required

inside the building and that failure to wear face masks will result in the individual being

asked to leave the facility.

b. Internal signage will remind all parties that face masks are required in public areas and

hallways, as requested within offices and cubicles, and in breakrooms. Internal signage

may designate where public areas end and employees only areas begin.

BE IT FURTHER RESOLVED, that the organization shall make all attempts to safely re-open to the public

and in accordance with U.S. Centers for Disease Control.

BE IT FINALLY RESOLVED, that the Public Health Officer shall provide assistance to ensure safe reopening of buildings, offices, programs and services subject to the needs of maintain public health and

safety during the Public Health State of Emergency.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Safer Re-Opening of Government Offices – COVID-19 Pandemic

Summary

This resolution adopts this Safer Re-Opening of Government Offices plan for immediate

implementation and lasting until the conclusion of the Public Health State of Emergency regarding

the COVID-19 Pandemic in accordance with section 302.9-6 of the Emergency Management law

superseding any prior Declaration that conflicts with this policy, specifically superseding the Safe

Re-Opening of Government Offices Declaration issued by the COVID-19 Core Decision Making

Team.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: April 6, 2021

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management law, formally known as 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 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(p)]. No proclamation

of an emergency by the Oneida Business Committee may last for longer than sixty (60) days,

unless renewed by the Oneida Business Committee. [3 O.C. 302.8-2].

As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida

Business Committee through the Emergency Management 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 May 12, 2021, through the adoption of the following resolutions: BC-03-26-20-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, BC-10-08-20-A,

BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D. [3 O.C.

302.8-2].

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On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management law through resolution BC-03-17-20-E to create and delegate authority

to a COVID-19 Core Decision Making Team so that upon the declaration of a public health

emergency, the COVID-19 Core Decision Making Team would have 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.

302.9-2]. These declarations remain in effect for the duration of the Public Health State of

Emergency, unless identified to be effective for a shorter period of time. [3 O.C. 302.9-4]. The

Oneida Business Committee then permanently adopted amendments to the Emergency

Management law through resolution BC-03-10-21-A which incorporated the authority of an

Emergency Core Decision Making Team to make declarations.

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 law allows the Oneida Business Committee to modify, extend, or

repeal any declaration or emergency action taken by an Emergency Core Decision Making Team.

[3 O.C. 302.9-6]. Through this resolution the Oneida Business Committee adopts this Safer ReOpening of Government Offices plan for immediate implementation and lasting until the

conclusion of the Public Health State of Emergency regarding the COVID-19 pandemic in

accordance with section 302.9-6 of the Emergency Management law superseding any prior

declaration that conflicts with this policy, specifically superseding the “Safe Re-Opening of

Government Offices” declaration issued by the COVID-19 Core Decision Making Team. The Safer

Re-Opening of Government Offices plan addresses and provides guidance for the following issues:

 Sanitization;

 Notice of Re-Opening of Offices and Buildings;

 Employee Offices;

 Employee and Public Social Distancing; and

 Signage.

This resolution then provides that the organization shall make all attempts to safely re-open to the

public and in accordance with the U.S. Centers for Disease Control. This resolution also directs

the Public Health Officer to provide assistance to ensure safe re-opening of buildings, offices,

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programs, and services subject to the needs of maintaining public health and safety during the

Public Health State of Emergency.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Oneida Business Committee Agenda Request

Adopt the resolution entitled Emergency Amendments to the Budget Management and Control Law

1. Meeting Date Requested:

5

/ 12 / 21

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt the resolution entitled, "Emergency Amendments to the Budget Management and Control Law"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Memo

3. Statement of Effect

2. Legislative Analysis

4. Drafts (Redline & Clean)

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

May 12, 2021

Budget Management and Control Law Emergency Amendments

Please find the following attached backup documentation for your consideration of the Budget

Management and Control Law Emergency Amendments:

1.

2.

3.

4.

5.

Resolution: Emergency Amendments to the Budget Management and Control Law

Statement of Effect: Emergency Amendments to the Budget Management and Control Law

Budget Management and Control Law Emergency Amendments Legislative Analysis

Budget Management and Control Law (Redline)

Budget Management and Control Law (Clean)

Overview

Emergency amendments to the Budget Management and Control law (the “Law”) are being sought

to address the Nation’s non-compliance with the budget development process and deadlines

contained in the Law. The emergency amendments to the Law will remove much of the details of

the budget process, requirements, and deadlines from the Law, and instead provide that the

Treasurer shall develop the necessary guidelines and procedures, including specific deadlines, for

the Nation’s budget development process, to be reviewed and approved by the Oneida Business

Committee. [1 O.C. 121.5-3(a)].

On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” due to the COVID-19 pandemic 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 May 12, 2021,

through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-1020-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D. [3 O.C. 302.8-2].

The Oneida Business Committee can temporarily enact legislation when legislation is necessary

for the immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible under

the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting

are not required for emergency legislation. [1 O.C. 109.9-5(a)].

The emergency amendments to this Law are necessary for the preservation of the general welfare

of the Reservation population. The COVID-19 pandemic interrupted many processes and

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procedures of the Nation, including the development of the Nation’s Fiscal Year 2021 and Fiscal

Year 2022 budgets. The Law aims to provide a transparent process and requirements for the Oneida

Business Committee and Oneida fund units when preparing the budget to be presented to the

General Tribal Council for approval. The Nation is not currently in compliance with the various

requirements and deadlines contained in the Law. The proposed emergency amendments to the

Law will remove the details of the budget process from the Law and instead require that the

Treasurer develop the necessary guidelines and procedures, including specific deadlines, for the

Nation’s budget development process, which will then ensure that enough flexibility is provided

to allow the Nation to determine the most effective process for the adoption of the budget as we

transition through the effects of the COVID-19 pandemic. Additionally, the proposed emergency

amendments to the Law will ensure that a transparent budget process is available to the Oneida

Business Committee and Oneida fund units as we move forward with the development and

adoption of the Fiscal Year 2022 budget.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of these amendments would be contrary to public interest. The Fiscal Year 2022 Budget

is required to be adopted by September 30, 2021, and the process and requirements of the

Legislative Procedures Act cannot be completed in time to ensure that a transparent budget process

is made available to members of the Nation prior to the adoption of the Fiscal Year 2022 Budget.

The emergency amendments to the Law will become effective immediately upon adoption by the

Oneida Business Committee and will remain effective for six (6) months. There will be one (1)

opportunity to extend the emergency amendments for an additional six (6) months. [1 O.C. 109.95(b)].

Requested Action

Adopt the Resolution: Emergency Amendments to the Budget Management and Control Law

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Budget Management and Control Law

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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 Budget Management and Control law (“the Law”) was adopted by the Oneida Business

Committee through resolution BC-02-08-17-C, and most recently amended on an

emergency basis through resolution BC-11-24-20-E; and

WHEREAS,

the Law sets forth the requirements to be followed by the Oneida Business Committee and

Oneida fund units when preparing the budget to be presented to the General Tribal Council

for approval and to establish a triennial strategy planning process for the Nation’s budget;

and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, and set into place the necessary authority for action to be

taken and allows the Nation to seek reimbursement of emergency management actions

that may result in unexpected expenses; and

WHEREAS,

the Nation’s Public Health State of Emergency has since been extended by the Oneida

Business Committee until May 12, 2021, through the adoption of the following 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, BC-0909-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21A, and BC-03-10-21-D; and

WHEREAS,

the COVID-19 pandemic interrupted many processes and procedures of the Nation,

including the development of the Nation’s Fiscal Year 2021 and Fiscal Year 2022 budgets;

and

WHEREAS,

emergency amendments to the Law are being sought to address the Nation’s noncompliance with the budget development process and deadlines contained in the Law; and

WHEREAS,

the emergency amendments to the Law will remove the details of the budget process,

requirements, and deadlines from the Law, and instead provide that the Treasurer shall

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BC Resolution _____________

Emergency Amendments to the Budget Management and Control Law

Page 2 of 2

develop the necessary guidelines and procedures, including specific deadlines, for the

Nation’s budget development process, to be reviewed and approved by the Oneida

Business Committee; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis when legislation is necessary for the immediate

preservation of the public health, safety, or general welfare of the Reservation population,

and the adoption of the legislation is required sooner than would be possible under the

Legislative Procedures Act; and

WHEREAS,

the emergency adoption of amendments to this Law are necessary for the preservation of

the general welfare of the Reservation population in order to ensure that enough flexibility

is provided to allow the Nation to determine the most effective process for the adoption of

the budget as we transition through the effects of the COVID-19 pandemic, and to ensure

that a transparent budget process is available to the Oneida Business Committee and

Oneida fund units as we move forward with the development and adoption of the Fiscal

Year 2022 budget; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of the

emergency amendments to this Law would be contrary to public interest since the Fiscal

Year 2022 Budget is required to be adopted by September 30, 2021, and the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that

a transparent budget process is made available to members of the Nation prior to the

adoption of the Fiscal Year 2022 Budget; and

WHEREAS,

adoption of emergency amendments to this Law would remain in effect for a period of six

(6) months, renewable by the Oneida Business Committee for an additional six (6) month

term; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency

amendments to the Budget Management and Control law effective immediately.

BE IT FINALLY RESOLVED, the Treasurer shall present a resolution at the May 18, 2021, Oneida

Business Committee work session for review, and then at the May 26, 2021, Oneida Business Committee

meeting for consideration of adoption which provides the general framework for the Fiscal Year 2022 budget

development process, which shall include, but is not limited to, information such as the budget calendar,

opportunities for community input and discussion, line item guidance, and new position definition, guidance,

and review process.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the Budget Management and Control Law

Summary

This resolution adopts emergency amendments to the Budget Management and Control law which

remove the details of the budget process, requirements, and deadlines from the Law, and instead

provide that the Treasurer shall develop the necessary guidelines and procedures, including

specific deadlines, for the Nation’s budget development process, to be reviewed and approved by

the Oneida Business Committee.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: April 30, 2021

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Budget Management and Control law (“the

Law”). The purpose of the Law is to set forth the requirements to be followed by the Oneida

Business Committee and Oneida fund units when preparing the budget to be presented to the

General Tribal Council for approval and to establish a triennial strategy planning process for the

Nation’s budget. [1 O.C. 121.1-1]. The emergency amendments to the Law remove the details of

the budget process, requirements, and deadlines from the Law, and instead provide that the

Treasurer shall develop the necessary guidelines and procedures, including specific deadlines, for

the Nation’s budget development process, to be reviewed and approved by the Oneida Business

Committee. [1 O.C. 121.5-3(a)].

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is

necessary for the immediate preservation of the public health, safety or general welfare of the

reservation population and when enactment or amendment of legislation is required sooner than

would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement

are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].

On March 12, 2020, in accordance with the Emergency Management law, 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 May 12,

2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D. [3 O.C. 302.8-2]. The

COVID-19 pandemic interrupted many processes and procedures of the Nation, including the

development of the Nation’s Fiscal Year 2021 and Fiscal Year 2022 budgets.

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The resolution provides that the emergency amendments to this Law are necessary for the

preservation of the general welfare of the Reservation population in order to ensure that enough

flexibility is provided to allow the Nation to determine the most effective process for the adoption

of the budget as we transition through the effects of the COVID-19 pandemic, and to ensure that

a transparent budget process is available to the Oneida Business Committee and Oneida fund units

as we move forward with the development and adoption of the Fiscal Year 2022 budget.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of this law would be contrary to public interest. The Fiscal Year 2022 Budget is required

to be adopted by September 30, 2021, and the process and requirements of the Legislative

Procedures Act cannot be completed in time to ensure that a transparent budget process is made

available to members of the Nation prior to the adoption of the Fiscal Year 2022 Budget.

The adoption of emergency amendments to this Law will take effect immediately upon adoption

by the Oneida Business Committee. The emergency amendments to the Law will remain effective

for six (6) months. The LPA provides the possibility to extend the emergency amendments for an

additional six (6) months, or until the emergency amendments expire or are permanently adopted.

[1 O.C. 109.9-5(b)].

This resolution also directs that the Treasurer shall present a resolution at the May 18, 2021, Oneida

Business Committee work session for review, and then at the May 26, 2021, Oneida Business

Committee meeting for consideration of adoption which provides the general framework for the

Fiscal Year 2022 budget development process, which shall include, but is not limited to,

information such as the budget calendar, opportunities for community input and discussion, line

item guidance, and new position definition, guidance, and review process. This directive is in

compliance with the proposed emergency amendments to the Law which require that the Treasurer

develop the necessary guidelines and procedures, including specific deadlines, for the Nation’s

budget development process, and that those guidelines be submitted to the Oneida Business

Committee for review and approval. [1 O.C. 121.5-3(a)].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws

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EMERGENCY AMENDMENTS TO THE

BUDGET MANAGEMENT AND CONTROL LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of Emergency

Legislation

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Analysis by the Legislative Reference Office

Remove details of the budget process from the law and instead direct that

Treasurer shall develop the necessary guidelines and procedures, including

specific deadlines, for the Nation’s budget development process. The

Treasurer is then required to submit the guidelines for the development of the

budget to the Oneida Business Committee for review and approval. [1 O.C.

121.5-3(a)].

Set forth the requirements to be followed by the Oneida Business Committee

and Oneida fund units when preparing the budget to be presented to the

General Tribal Council for approval and to establish a triennial strategy

planning process for the Nation’s budget. [1 O.C. 121.1-1].

Oneida Business Committee, Oneida Fund Units, Chief Financial Officer

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Emergency legislation expires six (6) months after adoption and may be

renewed for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Budget Management and Control law (“the Law”) was adopted by the Oneida

Business Committee through resolution BC-02-08-17-C and then most recently amended on an

emergency basis through resolution BC-11-24-20-E. The purpose of the Law is to set forth the

requirements to be followed by the Oneida Business Committee and Oneida fund units when preparing

the budget to be presented to the General Tribal Council for approval and to establish a triennial strategy

planning process for the Nation’s budget. [1 O.C. 121.1-1].

B. Request for Emergency Amendments. At the April 28, 2021, Oneida Business Committee meeting

the Nation’s Secretary provided a memorandum which expressed concerns regarding the Nation’s lack

of compliance with the Law and requested that the Oneida Business Committee make one of the

following considerations: an emergency repeal of the Law due to the fact that the processes and

procedures, specifically the deadlines for the various steps of the budget process contained in the law

are not currently being followed; or emergency amendments to the Law to remove much of the budget

process and/or deadlines and revise the Law so it simply states a budget should be adopted by

September 30th. The Oneida Business Committee then adopted a motion directing the Legislative

Operating Committee to develop emergency amendments to the Law to address this issue.

C. COVID-19 Pandemic. The world is currently facing a pandemic of COVID-19. The COVID-19

outbreak originated in Wuhan, China and has spread to many other countries throughout the world,

including the United States. The COVID-19 pandemic has resulted in high rates of infection and

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mortality, as well as vast economic impacts including effects on the stock market and the closing of all

non-essential businesses.

 Declaration of a Public Health State of Emergency.

 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” regarding COVID-19 which declared the Public Health State of Emergency

for the Nation until April 12, 2020, and set into place the necessary authority should action

need to be taken and allowed the Nation to seek reimbursement of emergency management

actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until May 12, 2021, by the

Oneida Business Committee 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, BC-10-0820-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-1021-D.

 COVID-19 Core Decision Making Team.

 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 COVID-19 Core Decision Making Team (“COVID-19 Team”). [BC-03-17-20-E - 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. [BC-03-1720-E - 3 O.C. 302.10-2].

 These declarations remain in effect for the duration of the Public Health State of

Emergency. [BC-03-17-20-E - 3 O.C. 302.10-3].

 On March 10, 2021, the Oneida Business Committee adopted permanent

amendments to the Emergency Management and Homeland Security law, now

known as the Emergency Management law, through the adoption of resolution BC03-10-21-A which incorporated an emergency core decision time with the

authority to make emergency declarations on a permanent basis/

 COVID-19 Core Decision Making Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions of the “Safer at Home Declaration,

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Amendment, Open for Business” while still providing guidance and some restrictions. This

declaration prohibits all public and private gatherings of more than twenty (20) people that

are not part of a single household or living unit.

 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

 Oneida Business Committee.

B. The Legislative Operating Committee has held the following work meetings specific to the proposed

emergency amendments to this Law:

 April 29, 2021: LOC work meeting.

SECTION 4. PROCESS

B. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact an emergency law where legislation is necessary for the immediate preservation of

public health, safety, or general welfare of the Reservation population and enactment or amendment of

legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].

 Emergency amendments to this Law are being pursued for the preservation of the general welfare

of the Reservation population. The COVID-19 pandemic interrupted many processes and

procedures of the Nation, including the development of the Nation’s Fiscal Year 2021 and Fiscal

Year 2022 budgets. The Law aims to provide a transparent process and requirements for the Oneida

Business Committee and Oneida fund units when preparing the budget to be presented to the

General Tribal Council for approval. The Nation is not currently in compliance with the various

requirements and deadlines contained in the Law. The proposed emergency amendments to the

Law will remove the details of the budget process from the Law and instead require that the

Treasurer develop the necessary guidelines and procedures, including specific deadlines, for the

Nation’s budget development process, which will then ensure that enough flexibility is provided to

allow the Nation to determine the most effective process for the adoption of the budget as we

transition through the effects of the COVID-19 pandemic. Additionally, the proposed emergency

amendments to the Law will ensure that a transparent budget process is available to the Oneida

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Business Committee and Oneida fund units as we move forward with the development and adoption

of the Fiscal Year 2022 budget.

 Observance of the requirements under the Legislative Procedures Act for the adoption of this Law

would be contrary to public interest. The Fiscal Year 2022 Budget is required to be adopted by

September 30, 2021, and the process and requirements of the Legislative Procedures Act cannot be

completed in time to ensure that a transparent budget process is made available to members of the

Nation prior to the adoption of the Fiscal Year 2022 Budget.

C. Emergency legislation typically expires six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency legislation. [1 O.C. 109.9-5(b)].

D. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required when considering permanent adoption of this Law.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Removal of the Budget Process. The proposed emergency amendment to the Law remove much of the

details of the budget process, requirements, and deadlines from the Law, and instead provide that the

Treasurer shall develop the necessary guidelines and procedures, including specific deadlines, for the

Nation’s budget development process. [1 O.C. 121.5-3(a)]. The Law then requires that the Treasurer

submit the guidelines for the development of the budget to the Oneida Business Committee for review

and approval. [1 O.C. 121.5-3(a)]. Previously, the Law contained great detail as to the various steps

of the budget process and their deadlines, which included: community input budget meetings,

establishment of a priority list by the Oneida Business Committee, development of annual proposed

budgets, review of the draft budget, final draft budget, and community meetings. The Law still provides

that the final draft budget shall be approved by the Oneida Business Committee through resolution prior

to presentation to the General Tribal Council, which shall occur with a request for adoption by

resolution no later than September 30th of each year. [1 O.C. 121.5-3(b)]. The

Law also still provides that in the event that the General Tribal Council does not adopt a budget by

September 30th, the Oneida Business Committee may adopt a continuing budget resolution(s) until

such time as a budget is adopted. [1 O.C. 121.5-3(b)]. The emergency budget adoption provision

adopted by the Oneida Business Committee through resolution BC-11-24-20-E, which provides that in

the event that the Nation proclaims an emergency, in accordance with the Emergency Management

law, which prevents presentation and adoption of the budget by the General Tribal Council, the Oneida

Business Committee shall adopt the Nation’s budget, also still remains in the law. [1 O.C. 121.53(b)(1)].

 Effect. The proposed emergency amendment to the Law address the Nation’s non-compliance with

the Law and provides flexibility to allow the Nation to determine the most effective process for the

adoption of the budget as we transition through the effects of the COVID-19 pandemic.

Additionally, the proposed emergency amendments to the Law ensure that a transparent budget

process is available to the Oneida Business Committee and Oneida fund units as we move forward

with the development and adoption of the Fiscal Year 2022 budget.

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

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Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council for the purpose of providing a standard process for the adoption of laws of the Nation

which includes taking into account comments from members of the Nation and input from agencies

of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency legislation

when the legislation is necessary for the immediate preservation of the public health, safety,

or general welfare of the Reservation population and the enactment or amendment of

legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee

for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business

Committee can adopt emergency legislation. The emergency legislation

becomes effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency legislation remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of the emergency amendments to this Law would conform with the requirements

of the Legislative Procedures Act.

SECTION 7. OTHER CONSIDERATIONS

A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to this Law

will expire six (6) months after adoption. The emergency legislation may be renewed for an additional

six (6) month period.

 Conclusion: The Legislative Operating Committee has already been working diligently with the

Nation’s Treasurer and Finance Administration on the development of comprehensive permanent

amendments to the Law. The Legislative Operating Committee will need to consider the adoption

of these permanent amendments to the Law within the next six (6) to twelve (12) months.

B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [1 O.C. 109.6-1].

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Title 1. Government and Finances – Chapter 121

Twahwistatye>n$tha>

We have a certain amount of money

BUDGET MANAGEMENT AND CONTROL

121.1.

121.2.

121.3.

121.4.

121.5.

121.6.

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Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Strategic Planning

Budget Process

Capital Improvements

121.7.

121.8.

121.9.

121.10.

121.11.

121.12.

Appropriation of the Nation’s Funds

Budget Authority

Budget Transfers; Amendments

Reporting

Authorizations and Signatures

Enforcement and Penalties

121.1.

Purpose and Policy

121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the

Oneida Business Committee and Oneida fund units when preparing the budget to be presented to

the General Tribal Council for approval and to establish a triennial strategy planning process for

the Nation’s budget.

121.1-2. Policy. It is the policy of the Nation to rely on value-based budgeting strategies,

identifying proper authorities and ensuring compliance and enforcement.

121.2.

Adoption, Amendment, Repeal

121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and emergency amended by resolutionresolutions BC-11-24-20-E., and BC-__-__-__-__.

121.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

121.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

121.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control. Provided that, nothing in this law amends or repeals the

requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting

Requirements.

121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

121.3.

Definitions

121.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Appropriation” means the legislative act of designating funds for a specific purpose

in accordance with the provisions contained in this law.

(b) “Capital expenditure” means any non-recurring and non-physical improvement as

follows:

(1) Any item with a cost of five thousand dollars ($5,000.00) or more and an

estimated life of one (1) year or more; or

(2) Items purchased together where none of the items individually costs more than

two thousand dollars ($2,000.00), but the total purchase price for all of the items is

ten thousand dollars ($10,000.00) or more.

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(c) “Capital improvement” means non-recurring expenditure for physical improvements,

including costs for: acquisition of existing buildings, land, or interests in land; construction

of new buildings or other structures, including additions and major alterations; acquisition

of fixed equipment; landscaping; physical infrastructure; and similar expenditures with a

cost of five thousand dollars ($5,000.00) or more and an estimated life of one (1) year or

more. 1

(d) “CFO” means the Nation’s Chief Financial Officer.

(e) “Debt” means the secured or unsecured obligations owed by the Nation.

(f) “Economic life” means the length of time an asset is expected to be useful.

(g) “Executive manager” means any one of the following positions within the Nation:

Chief Executive Officer/General Manager, Gaming General Manager, Chief Legal

Counsel and/or Chief Financial Officer.

(h) “Expenditure report” means a financial report which includes, but is not limited to, a

statement of cash flows, revenues, costs and expenses, assets, liabilities and a statement of

financial position.

(i) “Fiscal year” means the one (1) year period each year from October 1st to September

30th.

(j) “Fund unit” means any board, committee, commission, service, program, enterprise,

department, office, or any other division or non-division of the Nation which receives an

appropriation approved by the Nation.

(k) “General reserve fund” means the Nation’s main operating fund which is used to

account for all financial resources not accounted for in other funds.

(l) “GTC allocations” means expenditures directed by the General Tribal Council as

required payments and/or benefits to the Nation’s membership and are supported by either

a General Tribal Council or Oneida Business Committee resolution.

(m) “Line item” means the specific account within a fund unit’s budget or category that

expenditures are charged to.

(n) “Manager” means the person in charge of directing, controlling and administering the

activities of a fund unit.

(o) “Nation” means the Oneida Nation.

(p) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted in accordance with the Administrative Rulemaking law based on authority

delegated in this law in order to implement, interpret and enforce this law.

(q) “Treasurer” means the elected Oneida Nation Treasurer or his or her designee.

Acquisition of existing buildings and land completed by the Oneida Land Commission are not included in the

definition of “Capital Improvement.”

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121.4.

Strategic Planning

121.4-1. Triennial Strategic Plan. Prior to December 1st of each year, the Oneida Business

Committee, in consultation with the Executive Managers, shall develop a triennial strategic plan

which includes, but is not limited to:

(a) Major policy and budgetary goals for the Nation, both long and short term;

(b) Specific strategies and planned actions for achieving each goal; and

(c) Performance targets and indicators to track progress which, to the extent available,

includes, but is not limited to:

(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal

years; and

(2) Performance targets for, at a minimum, the next three (3) complete fiscal years

moving forward.

121.4-2. Fund Units’ Contributions to the Triennial Strategic Plan. Managers shall annually

develop, submit and maintain a triennial strategic plan for the fund unit’s operations which aligns

with the triennial strategic plan established by the Oneida Business Committee pursuant to 121.41. Managers shall submit the fund unit’s triennial strategic plan to the CFO when the fund unit’s

budget is due and, at a minimum, shall include the following in the plan:

(a) A statement of the fund unit’s mission;

(b) Specific goals including a description of the fund unit’s strategies as part of its service

group provided in 121.5-3(c) which aligns with the goals established in the Nation’s

triennial strategic plan;

(c) Specific strategies for achieving each of the fund unit’s goals; and

(d) Performance targets and indicators to track progress which, to the extent available,

includes, but is not limited to:

(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal

years; and

(2) Performance targets for, at a minimum, the next three (3) complete fiscal years

moving forward.

121.4-3. Budget Contingency Plan. The Oneida Business Committee shall work with the CFO,

executive managers and managers to create a budget contingency plan which provides a strategy

for the Nation to respond to extreme financial distress that could negatively impact the Nation.

The Oneida Business Committee shall approve, by resolution, the budget contingency plan and

any amendments thereto. The Oneida Business Committee is responsible for the implementation

of the budget contingency plan, provided that such implementation is predicated on the Oneida

Business Committee’s determination that the Nation is under extreme financial distress. For the

purposes of this section, extreme financial distress includes, but is not limited to, natural or humanmade disasters, United States Government shutdown, Tribal shutdown (which occurs when the

General Tribal Council has not approved a budget for the Nation prior to the beginning of a new

fiscal year) and economic downturns.

(a) Cost Savings Tools. As part of the budget contingency plan, the Oneida Business

Committee may require stabilization funds, reductions of expenditures, furloughs and other

cost saving tools provided that such tools are in compliance with the Nation’s laws,

specifically the Nation’s employment laws, rules and policies.

(b) Business Continuity Fund. The Oneida Business Committee shall maintain a

Permanent Executive Contingency account within the ownership investment report to be

used to prevent default on debt and to sustain operations during times of extreme financial

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distress. The Treasurer, in consultation with the CFO, shall establish, and the Oneida

Business Committee shall approve, the level of business continuity funds required in the

Permanent Executive Contingency account. The Treasurer shall set aside business

continuity funds in the Permanent Executive Contingency account until the established

level has been achieved. Funds in the Permanent Executive Contingency may only be used

for the following purposes and only to the extent that alternative funding sources are

unavailable:

(1) Payments to notes payable to debt service, both principal and interest, and

applicable service fees;

(2) Employee payroll, including all applicable taxes;

(3) Payments to vendors for gaming and retail;

(4) Payments to vendors for governmental operations;

(5) Payments to any other debt; and

(6) To sustain any of the Nation’s other operations during implementation of the

budget contingency plan.

(c) Grant Funds. Grant funds are exempt from requirements of the budget contingency

plan and any cost containment initiatives as such funding is not reliant on Tribal

contributions. Grant funds shall be spent according to any non-negotiable grant

requirements and guidelines of the granting agency to include purchases, travel, training,

hiring grant required positions and any other requirements attached to the funds as a

condition of the Nation’s acceptance of the grant funds.

121.5.

Budget Process

121.5-1. General. The Nation shall develop, adopt, and manage an annual budget. All revenues

and expenditures of the Nation shall be in accordance with the annual budget adopted by the

General Tribal Council. In creating the budget to present to the General Tribal Council for

consideration, the Oneida Business Committee, executive managers and managers shall follow the

processes provided in this law. The Oneida Business Committee may alter the deadlines provided

in this law only upon a showing of good cause, provided that, the Oneida Business Committee

shall approve any such alterations by resolutionNation.

121.5-2. Community Input Budget Meeting(s). The Treasurer’s office shall schedule, at a

minimum, one (1) community input budget meeting(s) prior to December 1st of each year. At the

community input budget meeting(s), the Treasurer shall afford community members an

opportunity to provide input as to what should be included in the upcoming fiscal year budget.

Any fund units that plan to request forecast variations for the upcoming budget shall present the

need and anticipated dollar amount of the requested forecast variation. For the purposes of this

section, a forecast variation is a fund unit’s requested deviation from the performance targets the

fund unit submitted pursuant to 121.4-2(d)(2).

(a) The Treasurer shall ensure the community budget input meeting(s) are voice recorded

and transcribed.

(b) The CFO shall provide recommendations as to any forecast variations requested by

fund units.

(c) The CFO and any relevant managers shall provide responses and/or recommendations

to all comments and considerations presented by community members.

(d) The Treasurer shall work with the CFO to place a community budget input meeting

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packet on the Oneida Business Committee agenda no later than the last Oneida Business

Committee Meeting in January. At a minimum, the packet is required to include:

(1) The community input budget meeting(s) transcript(s);

(2) Any applicable fund unit’s requested forecast variations; and

(3) Responses and/or recommendations by the CFO and any relevant managers

regarding requests for forecast variations and community members’ comments and

considerations related to forecast variations.

121.5-3. Priority List Established by the Oneida Business Committee. The Oneida Business

Committee shall review the community input budget meeting packet and shall hold work meetings

to create a priority list.

(a) The Oneida Business Committee shall establish the priority list by placing the

following services provided by the Nation in chronological order with the lowest number

having the highest priority. The order of the following service groups provided below has

no relation to the service groups’ anticipated and/or required placement within the Oneida

Business Committee’s priority list; the Oneida Business Committee’s priority list may vary

from year to year based on the needs of the Nation.

(1) Protection and Preservation of Natural Resources

(2) Protection and Preservation of Oneida Culture and Language

(3) Education and Literacy

(4) Health Care

(5) Economic Enterprises

(6) Building and Property Maintenance

(7) Human Services

(8) Public Safety

(9) Housing

(10) Utilities, Wells, Wastewater and Septic

(11) Planning, Zoning and Development

(12) Membership Administration

(13) Government Administration

(b) The Oneida Business Committee shall approve the priority list by resolution no later

than the last meeting in February.

(c) The CFO shall maintain a list which places each fund unit into a corresponding service

group.

121.5-4. Annual Proposed Budgets. The CFO shall develop the necessary guidelines, including

specific deadlines, to be followed by the managers that have budget responsibility in preparing and

submitting proposed budgets. Upon review of the Nation’s economic state, the CFO shall include

in the guidelines the exact amount that each service group’s cumulative budget is required to be

increased/decreased in accordance with its placement on the priority list. The CFO shall submit

the guidelines, as approved by the Treasurer, to the Oneida Business Committee for review in

accordance with the deadline as set by the Oneida Business Committee. The Oneida Business

Committee may revise the guidelines as it deems necessary and shall approve a set of budgetary

guidelines within thirty (30) calendar days of the date the budgetary guidelines proposed by the

CFO were received.

(a) In accordance with the approved budgetary guidelines, fund units offering like services

shall meet together to review each fund unit’s budget and discuss strategies for attaining

compliance with the approved budgetary guidelines. Each service group shall submit one

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(1) draft budget which contains each fund unit’s individual proposed budget and

demonstrates cumulative compliance with the approved budgetary guidelines.

(b) The CFO shall receive, review and compile the proposed budgets into the Nation’s draft

budget which the CFO shall present to the Oneida Business Committee no later than the

last Oneida Business Committee meeting in May. The CFO may not alter any proposed

budgets until such budgets have been reviewed by the Oneida Business Committee.

(1) The CFO shall return any service group’s draft budget that is in non-compliance

with the approved budgetary guidelines within ten (10) business days of the date

the budget was submitted to the CFO.

(2) Upon return, the CFO shall notice the service group of the amount of its noncompliance and provide the service group with a deadline for a compliant

resubmission.

(3) Any service group’s budget that remains in non-compliance upon the expiration

of the deadline provided by the CFO shall be included in the draft budget submitted

to the Oneida Business Committee noting the dollar amount of the service group’s

non-compliance. A service group’s continued non-compliance may result in

employee discipline according to the Nation’s laws, rules and policies governing

employment.

121.5-5. Content of Budget. The CFO shall present the Nation’s draft budget to the Oneida

Business Committee for review each year to ensure that it is consistent with the Nation’s spending

priorities and budget strategy. The Nation’s draft budget shall include, but is not limited to:

121.5-2. Content of Budget. The Nation’s budget shall include, but is not limited to, the following

information:

(a) Estimated revenues to be received from all sources for the year which the budget covers;

(b) The individual budgets of each fund unit;

(c) A description of each line item within each fund unit’s budget;

(d) The estimated expenditures by each fund unit; and

(e) Each fund unit’s strategic plan showing alignment with the Nation’s goals.

121.5-6. Review of Draft Budget. In the month of May, the CFO shall meet with the Oneida

Business Committee to review the draft budget and provide any recommendations for

modifications. 3. Budget Adoption Procedure. The Nation shall develop and adopt its budget

according to the following procedures:

(a)Following Budget Schedule and Guidelines. The Treasurer shall develop the Oneida

Business Committee’s review of the draftnecessary guidelines and procedures, including

specific deadlines, for the Nation’s budget with the CFO,development process. The

Treasurer shall submit the guidelines for the development of the budget to the Oneida

Business Committee shall schedule meetings with managers of each fund unit for which

the Oneida Business Committee is considering altering the fund unit’s proposed budgetfor

review and approval.

(b) The Oneida Business Committee shall complete all meetings with fund unit managers

required by this section by the end of June each year.

121.5-7. Final Draft Budget. The Oneida Business Committee shall work with fund unit

managers and the CFO to compile a Budget Adoption. The final draft budget shall be approved

by the Oneida Business Committee through resolution prior to be presentedpresentation to the

General Tribal Council. The Oneida Business Committee shall approve, by resolution, the final

draft budget to be presented to the General Tribal Council by the end of July each year.

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121.5-8. Community Meetings. Once the Oneida Business Committee has approved the final

draft budget, the Treasurer shall hold, at a minimum, two (2) community informational meetings

to present the contents of the final draft budget that will be presented to the General Tribal Council.

121.5-9.

Budget Adoption. The Oneida Business Committee shall present the budget

to the General Tribal Council with a request for adoption by resolution no later than

September 30th of each year. In the event that the General Tribal Council does not adopt

a budget by September 30th, the Oneida Business Committee may adopt a continuing

budget resolution(s) until such time as a budget is adopted.

(a1) Emergency Budget Adoption. In the event that the Nation proclaims an

emergency, in accordance with the Emergency Management and Homeland

Security law, which prevents presentation and adoption of the budget by the

General Tribal Council, the Oneida Business Committee shall adopt the Nation’s

budget.

121.6.

Capital Improvements

121.6-1. Capital Improvement Plan for Government Services. The Oneida Business Committee

shall develop and the General Tribal Council shall approve a capital improvement plan for

government services and shall reassess the plan once every five (5) years. The capital

improvement plan for government services shall cover a period of five (5) to ten (10) years and

shall include any risks and liabilities. The Oneida Business Committee shall provide a status report

and recommendation for any improvements that have not been completed or that have been

modified at the time of the reassessment.

121.6-2. Capital Improvement Plan for Enterprises. Capital improvement plans for enterprises

may be brought forward as needed in accordance with the capital improvement rules which the

Community Development Planning Committee and the Development Division shall jointly create,

provided that the rules shall include a provision that the Oneida Business Committee shall approve

all capital improvement plans.

121.6-3. Capital Improvement Plan Implementation. Capital Improvement plans shall be

implemented, contingent on available funding capacity, using the capital improvement rules.

121.7.

Appropriation of the Nation’s Funds

121.7-1. Unexpended Capital Improvement Funds. Unless the fund unit qualifies for an exception

as provided in the capital improvement rules, unexpended capital improvement funds carry over

to the next fiscal year’s budget, provided that such funds are required to remain appropriated for

the same purpose as originally budgeted until the project is complete. Once a capital improvement

project is complete, any remaining unexpended funds shall be returned to the general fund to be

re-allocated in accordance with the Oneida Business Committee’s priority list under 121.5-3 using

the regular budget process under 121.5.

121.7-2. Unexpended Capital Expenditure Funds. The CFO shall ensure that all unexpended

capital expenditure funds are reallocated to the fiscal year budget two (2) years out from the fiscal

year in which the funds were unexpended. Such unexpended funds shall be re-allocated in

accordance with the Oneida Business Committee’s priority list under 121.5-3 using the regular

budget process under 121.5.

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121.8.

Budget Authority

121.8-1. Authority to Expend Funds. The Treasurer’s authority to expend appropriated funds is

delegated to the CFO, who shall make such expenditures in accordance with the adopted budget.

This authority is necessarily delegated to other managers, including executive managers, of the

Nation who manage the budgets, pursuant to their job descriptions based on the procurement

manual rules developed by the Purchasing Department.

121.8-2. Exhaustion of Non-Tribal Funds. When grant funds provide for forward funding as

applicable to a function for which the Nation’s funds have also been appropriated, those grant

funds shall be used before appropriating the Nation’s funds unless the Nation’s funds are needed

to make up an otherwise shortfall in the overall fund unit budget or there is a restriction on the

grant funds that provide otherwise.

121.8-3. In addition to the authority and responsibilities provided elsewhere in this law, the

following positions and fund units shall have the authority and responsibilities as outlined below:

(a) Oneida Business Committee. Once the Nation’s annual budget is adopted by the

General Tribal Council, the authority of the Oneida Business Committee is limited to

budget oversight except as otherwise provided in this law. However, these limitations do

not prevent the Oneida Business Committee, with input from the CFO, from taking

necessary action, on an emergency basis and within the scope of its authority, to protect

and safeguard the resources and general welfare of the Nation and ensure compliance with

applicable laws, regulations and requirements. The OBC shall ensure that the CFO

performs the duties and responsibilities as assigned under this law.

(b) Treasurer. In addition to the Treasurer’s Constitutional responsibilities, the Nation’s

Treasurer shall:

(1) Submit expenditure reports and other financial reports as deemed necessary by

the Oneida Business Committee and/or the General Tribal Council at:

(A) The annual General Tribal Council meeting;

(B) The semi-annual General Tribal Council meeting; and

(C) Other such times as may be directed by the Oneida Business Committee

and/or the General Tribal Council.

(2) Present the proposed draft budget to the General Tribal Council at the annual

budget meeting as required by section 121.5-9.

(c) Chief Financial Officer. Once the Nation’s budget is properly adopted, the CFO shall

ensure that it is properly implemented. The CFO shall:

(1) Provide managers with monthly revenue and expense reports in order for the

managers to track their expenditures;

(2) Submit, to the Oneida Business Committee, a written report of any monthly

variances that are either a difference of three percent (3%) or more from the adopted

annual budget or $50,000 or more in total; and

(3) Conduct financial condition meetings with the Nation’s management on a

quarterly basis.

(d) Managers. Managers of each business unit shall:

(1) Ensure that their business units operate, on a day-to-day basis, in compliance

with the budget adopted pursuant this law;

(2) Report to the CFO explanations and corrective actions for any monthly variance

that are either a difference of three percent (3%) or more from the adopted annual

budget or $50,000 or more in total; and

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(3) Submit budget review reports to the CFO on a reasonable and timely basis not

to exceed thirty (30) calendar days from the end of the month.

121.9.

Budget Transfers; Amendments

121.9-1. Budget Transfers. After the budget is adopted, transfer of funds within the budget is not

permitted except as provided in section 121.8-3(a) and to allow the CFO to adjust the approved

budget as required to accurately reflect the amount of grant funding actually received.

121.9-2. Budget Amendments. After the budget is adopted, amendments of the budget are not

permitted except as provided in section 121.8-3(a).

121.10. Reporting

121.10-1. Monthly Reporting. The CFO shall provide copies of the monthly Treasurer’s reports

and quarterly operational reports from direct reports to the Oneida Business Committee in

accordance with Secretary’s Oneida Business Committee packet schedule for the Oneida Business

Committee Meeting held for the acceptance of such reports.

121.10-2. Audits. The Internal Audit Department, annually, shall conduct independent

comprehensive performance audits, in accordance with the Audit Law, the Financial Accounting

Standards Board (FASB) and the Governmental Accounting Standards Board (GASB), of

randomly selected fund units or of fund units deemed necessary by the Oneida Business

Committee or Internal Audit Department. Each fund unit shall offer its complete cooperation to

the Internal Audit Department. The Oneida Business Committee may, as it deems necessary,

contract with an independent audit firm to conduct such audits.

121.11. Authorizations and Signatures

121.11-1. General. The procurement manual rules developed by the Purchasing Department shall

provide the sign-off process and authorities required to expend funds on behalf of the Nation.

121.11-2. Fees and Charges. Managers of programs and services requiring Tribal contribution

that desire to charge fees for their services shall determine the full cost of providing the program

and/or service and, only then, may charge fees to cover operational costs. The full cost of

providing a program and/or service includes all costs including operation costs, overhead such as

direct and indirect costs, and depreciation. Fees and charges may cover the full cost of service

and/or goods whenever such fee or charge would not present an undue financial burden to

recipient. Programs and services charging fees may offer fee waivers, provided that the

program/service has developed rules outlining the fee waiver eligibility and requirements.

121.12. Enforcement

121.12-1. Compliance and Enforcement. All employees and officials of the Nation shall comply

with and enforce this law to the greatest extent possible.

121.12-2. Violations. Violations of this law shall be addressed using the applicable enforcement

tools provided by the Nation’s laws, policies and rules, including but not limited to, those related

to employment with the Nation, conflicts of interest, ethics and removal from an elected position.

121.12-3. Civil and/or Criminal Charges. This law shall not be construed to preclude the Nation

from pursuing civil and/or criminal charges under applicable law. Violations of applicable federal

or state civil and/or criminal laws may be pursued in a court having jurisdiction over any such

matter.

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End.

Adopted-BC-02-08-17-C

Emergency Amended – BC-11-24-20-E

Emergency Amended – BC-__-__-__-__

1 O.C. 121- Page 10

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Title 1. Government and Finances – Chapter 121

Twahwistatye>n$tha>

We have a certain amount of money

BUDGET MANAGEMENT AND CONTROL

121.1.

121.2.

121.3.

121.4.

121.5.

121.6.

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Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Strategic Planning

Budget Process

Capital Improvements

121.7.

121.8.

121.9.

121.10.

121.11.

121.12.

Appropriation of the Nation’s Funds

Budget Authority

Budget Transfers; Amendments

Reporting

Authorizations and Signatures

Enforcement and Penalties

121.1.

Purpose and Policy

121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the

Oneida Business Committee and Oneida fund units when preparing the budget to be presented to

the General Tribal Council for approval and to establish a triennial strategy planning process for

the Nation’s budget.

121.1-2. Policy. It is the policy of the Nation to rely on value-based budgeting strategies,

identifying proper authorities and ensuring compliance and enforcement.

121.2.

Adoption, Amendment, Repeal

121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and emergency amended by resolutions BC-11-24-20-E, and BC-__-__-__-__.

121.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

121.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

121.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control. Provided that, nothing in this law amends or repeals the

requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting

Requirements.

121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

121.3.

Definitions

121.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Appropriation” means the legislative act of designating funds for a specific purpose

in accordance with the provisions contained in this law.

(b) “Capital expenditure” means any non-recurring and non-physical improvement as

follows:

(1) Any item with a cost of five thousand dollars ($5,000.00) or more and an

estimated life of one (1) year or more; or

(2) Items purchased together where none of the items individually costs more than

two thousand dollars ($2,000.00), but the total purchase price for all of the items is

ten thousand dollars ($10,000.00) or more.

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(c) “Capital improvement” means non-recurring expenditure for physical improvements,

including costs for: acquisition of existing buildings, land, or interests in land; construction

of new buildings or other structures, including additions and major alterations; acquisition

of fixed equipment; landscaping; physical infrastructure; and similar expenditures with a

cost of five thousand dollars ($5,000.00) or more and an estimated life of one (1) year or

more. 1

(d) “CFO” means the Nation’s Chief Financial Officer.

(e) “Debt” means the secured or unsecured obligations owed by the Nation.

(f) “Economic life” means the length of time an asset is expected to be useful.

(g) “Executive manager” means any one of the following positions within the Nation:

Chief Executive Officer/General Manager, Gaming General Manager, Chief Legal

Counsel and/or Chief Financial Officer.

(h) “Expenditure report” means a financial report which includes, but is not limited to, a

statement of cash flows, revenues, costs and expenses, assets, liabilities and a statement of

financial position.

(i) “Fiscal year” means the one (1) year period each year from October 1st to September

30th.

(j) “Fund unit” means any board, committee, commission, service, program, enterprise,

department, office, or any other division or non-division of the Nation which receives an

appropriation approved by the Nation.

(k) “General reserve fund” means the Nation’s main operating fund which is used to

account for all financial resources not accounted for in other funds.

(l) “GTC allocations” means expenditures directed by the General Tribal Council as

required payments and/or benefits to the Nation’s membership and are supported by either

a General Tribal Council or Oneida Business Committee resolution.

(m) “Line item” means the specific account within a fund unit’s budget or category that

expenditures are charged to.

(n) “Manager” means the person in charge of directing, controlling and administering the

activities of a fund unit.

(o) “Nation” means the Oneida Nation.

(p) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted in accordance with the Administrative Rulemaking law based on authority

delegated in this law in order to implement, interpret and enforce this law.

(q) “Treasurer” means the elected Oneida Nation Treasurer or his or her designee.

Acquisition of existing buildings and land completed by the Oneida Land Commission are not included in the

definition of “Capital Improvement.”

1

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121.4.

Strategic Planning

121.4-1. Triennial Strategic Plan. Prior to December 1st of each year, the Oneida Business

Committee, in consultation with the Executive Managers, shall develop a triennial strategic plan

which includes, but is not limited to:

(a) Major policy and budgetary goals for the Nation, both long and short term;

(b) Specific strategies and planned actions for achieving each goal; and

(c) Performance targets and indicators to track progress which, to the extent available,

includes, but is not limited to:

(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal

years; and

(2) Performance targets for, at a minimum, the next three (3) complete fiscal years

moving forward.

121.4-2. Fund Units’ Contributions to the Triennial Strategic Plan. Managers shall annually

develop, submit and maintain a triennial strategic plan for the fund unit’s operations which aligns

with the triennial strategic plan established by the Oneida Business Committee pursuant to 121.41. Managers shall submit the fund unit’s triennial strategic plan to the CFO when the fund unit’s

budget is due and, at a minimum, shall include the following in the plan:

(a) A statement of the fund unit’s mission;

(b) Specific goals including a description of the fund unit’s strategies as part of its service

group provided in 121.5-3(c) which aligns with the goals established in the Nation’s

triennial strategic plan;

(c) Specific strategies for achieving each of the fund unit’s goals; and

(d) Performance targets and indicators to track progress which, to the extent available,

includes, but is not limited to:

(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal

years; and

(2) Performance targets for, at a minimum, the next three (3) complete fiscal years

moving forward.

121.4-3. Budget Contingency Plan. The Oneida Business Committee shall work with the CFO,

executive managers and managers to create a budget contingency plan which provides a strategy

for the Nation to respond to extreme financial distress that could negatively impact the Nation.

The Oneida Business Committee shall approve, by resolution, the budget contingency plan and

any amendments thereto. The Oneida Business Committee is responsible for the implementation

of the budget contingency plan, provided that such implementation is predicated on the Oneida

Business Committee’s determination that the Nation is under extreme financial distress. For the

purposes of this section, extreme financial distress includes, but is not limited to, natural or humanmade disasters, United States Government shutdown, Tribal shutdown (which occurs when the

General Tribal Council has not approved a budget for the Nation prior to the beginning of a new

fiscal year) and economic downturns.

(a) Cost Savings Tools. As part of the budget contingency plan, the Oneida Business

Committee may require stabilization funds, reductions of expenditures, furloughs and other

cost saving tools provided that such tools are in compliance with the Nation’s laws,

specifically the Nation’s employment laws, rules and policies.

(b) Business Continuity Fund. The Oneida Business Committee shall maintain a

Permanent Executive Contingency account within the ownership investment report to be

used to prevent default on debt and to sustain operations during times of extreme financial

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distress. The Treasurer, in consultation with the CFO, shall establish, and the Oneida

Business Committee shall approve, the level of business continuity funds required in the

Permanent Executive Contingency account. The Treasurer shall set aside business

continuity funds in the Permanent Executive Contingency account until the established

level has been achieved. Funds in the Permanent Executive Contingency may only be used

for the following purposes and only to the extent that alternative funding sources are

unavailable:

(1) Payments to notes payable to debt service, both principal and interest, and

applicable service fees;

(2) Employee payroll, including all applicable taxes;

(3) Payments to vendors for gaming and retail;

(4) Payments to vendors for governmental operations;

(5) Payments to any other debt; and

(6) To sustain any of the Nation’s other operations during implementation of the

budget contingency plan.

(c) Grant Funds. Grant funds are exempt from requirements of the budget contingency

plan and any cost containment initiatives as such funding is not reliant on Tribal

contributions. Grant funds shall be spent according to any non-negotiable grant

requirements and guidelines of the granting agency to include purchases, travel, training,

hiring grant required positions and any other requirements attached to the funds as a

condition of the Nation’s acceptance of the grant funds.

121.5.

Budget Process

121.5-1. General. The Nation shall develop, adopt, and manage an annual budget. All revenues

and expenditures of the Nation shall be in accordance with the annual budget adopted by the

Nation.

121.5-2. Content of Budget. The Nation’s budget shall include, but is not limited to, the following

information:

(a) Estimated revenues to be received from all sources for the year which the budget covers;

(b) The individual budgets of each fund unit;

(c) A description of each line item within each fund unit’s budget;

(d) The estimated expenditures by each fund unit; and

(e) Each fund unit’s strategic plan showing alignment with the Nation’s goals.

121.5-3. Budget Adoption Procedure. The Nation shall develop and adopt its budget according

to the following procedures:

(a) Budget Schedule and Guidelines. The Treasurer shall develop the necessary guidelines

and procedures, including specific deadlines, for the Nation’s budget development process.

The Treasurer shall submit the guidelines for the development of the budget to the Oneida

Business Committee for review and approval.

(b) Budget Adoption. The final draft budget shall be approved by the Oneida Business

Committee through resolution prior to presentation to the General Tribal Council. The

Oneida Business Committee shall present the budget to the General Tribal Council with a

request for adoption by resolution no later than September 30th of each year. In the event

that the General Tribal Council does not adopt a budget by September 30th, the Oneida

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Business Committee may adopt a continuing budget resolution(s) until such time as a

budget is adopted.

(1) Emergency Budget Adoption. In the event that the Nation proclaims an

emergency, in accordance with the Emergency Management and Homeland

Security law, which prevents presentation and adoption of the budget by the

General Tribal Council, the Oneida Business Committee shall adopt the Nation’s

budget.

121.6.

Capital Improvements

121.6-1. Capital Improvement Plan for Government Services. The Oneida Business Committee

shall

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