# Oneida Business Committee (2021)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2455777176671f05

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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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DRAFT

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

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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

18 of 176

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
/

/

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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


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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.

Page 3 of 3

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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.

Page 1 of 2

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
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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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Analysis to Emergency Draft 1
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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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Draft 1 for OBC Emergency Consideration (Redline to Current)
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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.
1 O.C. 121- Page 1

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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, liabilit

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2455777176671f05. Public record. Not legal advice.