Oneida Business Committee (2020)

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Public Packet

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Oneida Business Committee

Executive Session and Regular Meeting

8:30 AM Wednesday, September 23, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

All regular, special, and emergency Business Committee meetings are closed to the public for the

duration of the Public Health State of Emergency. This is preventative measure as a result of the

COVID-19 pandemic. Audio recordings are made of all meetings of the Business Committee.

Video recordings are made of regular meetings of the Business Committee. All recordings are

available

the

Nation's

website

at:

https://oneida-nsn.gov/government/businesscommittee/recordings/

If you have comments regarding open session items, please submit them to

TribalSecretary@oneidanation.org no later than close of business the day prior to a Business

Committee meeting. Comments will be noticed to the Business Committee.

CALL TO ORDER

II.

OPENING

Special recognition for years of service

Sponsor: Geraldine Danforth, Area Manager/Human Resources

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Oneida Gaming Commission - Reynold "Tommy" Danforth

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 23, 2020

Public Packet

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RESOLUTIONS

Adopt resolution entitled Setting Supervision and Management of Direct Reports to

the Oneida Business Committee

Sponsor: Lisa Liggins, Secretary

Rescind resolution # BC-01-23-93 regarding the Oneida Headstart and Early

Headstart Programs

Sponsor: Debbie Thundercloud, General Manager

Adopt resolution entitled Extension of the Emergency Amendments to the General

Tribal Council Meeting Stipend Payment Policy

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Modifying the Oneida Business Committee Regular

Meeting Schedule

Sponsor: Lisa Liggins, Secretary

Adopt resolution entitled Native American Agriculture Fund Limited Waiver of Tribal

Immunity – file # 2020-0637

Sponsor: Debbie Thundercloud, General Manager

Enter the e-poll results into the record regarding adopted resolution # BC-08-25-20-A

Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

VII.

FINANCE COMMITTEE

Accept the August 31, 2020, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Accept the September 14, 2020, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

NEW BUSINESS

CIP # 18-010 Food Distribution Store Concept - Approve the Capital Improvement

Process (CIP) package

Sponsor: Debbie Thundercloud, General Manager

Review revisions to the Pandemic Pay SOP

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Post one (1) vacancy - Oneida Trust Enrollment Committee

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 23, 2020

Public Packet

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VIII.

Enter the e-poll results into the record regardingd the approved Memorandum of

Understanding between Oneida Nation and Wisconsin Conservation Voices’ Native

Vote Program and authorize an OBC Officer to sign - file # 2020-0605

Sponsor: Lisa Liggins, Secretary

REPORTS

STANDING COMMITTEES

IX.

Accept the Finance Committee FY-2020 3rd quarter report

Sponsor: Lisa Liggins, Secretary

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel Report

Sponsor: Jo Anne House, Chief Counsel

AUDIT COMMITTEE

Approve the RSM US LLP contract in accordance with resolution # BC-04-2507-C - file # 2020-0611

Sponsor: David P. Jordan, Councilman

Approve a limited waiver of sovereign immunity - RSM US LLP agreement file # 2020-0238

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

Approve a limited waiver of sovereign immunity - Axion Enterprise Inc.

Desktop Software End User License Agreement - file # 2020-0233 (10:30 a.m.)

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

Approve the U.S. Dept. of Interior-Multi Year Funding Agreement Amendment

#7 - file # 2020-0634

Sponsor: Jennifer Webster, Councilwoman

Review the posting request and determine next steps - Gaming (10:45 a.m.)

Sponsor: Louise Cornelius, Gaming General Manager

Review the posting request and determine next steps - Oneida Nation School

System (11:00 a.m.)

Sponsor: Aaron Manders, Chair/Oneida Nation School Board

Oneida Business Committee

Regular Meeting Agenda

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September 23, 2020

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Review the posting request and determine next steps - Oneida Business

Committee (11:15 a.m.)

Sponsor: Lisa Liggins, Secretary

Review the recall request and determine next steps - Oneida Family Fitness

(11:30 a.m.)

Sponsor: Debbie Thundercloud, General Manager

Review the recall request and determine next steps - Arts Program (11:45

p.m.)

Sponsor: Debbie Thundercloud, General Manager

Review the recall request and determine next steps - Human Resources (1:45

p.m.)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Review the recall request and determine next steps - Public Works Custodial

(2:00 p.m.)

Sponsor: Debbie Thundercloud, General Manager

10.

Review the recall request and determine next steps - Printing (2:15 p.m.)

Sponsor: Debbie Thundercloud, General Manager

11.

Review the recall request and determine next steps - GTC Legal Resource

Center (2:30 p.m.)

Sponsor: Gerald L. Hill, Supervising Attorney/GTC Legal Resource Center

12.

Review the request to increase hours and determine next steps - Law Office

Sponsor: Jo Anne House, Chief Counsel

13.

Consider three requests from Oneida Golf Enterprise Agent - FY2021 Budget

(3:00 p.m.)

Sponsor: Eric McLester, Agent/Oneida Golf Enterprise

14.

Approve the hiring sub-team for BC DR15 to finalize hiring and approve the

employment contract

Sponsor: Lisa Liggins, Secretary

15.

Approve the hiring sub-team for BC DR16 to finalize hiring and approve the

employment contract

Sponsor: Lisa Liggins, Secretary

16.

Approve the hiring sub-team for BC DR17 to finalize hiring and approve the

employment contract

Sponsor: Lisa Liggins, Secretary

17.

Approve the hiring sub-team for BC DR20 to finalize hiring and approve the

employment contract

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 23, 2020

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18.

Enter the e-poll results in to the record regarding the approved recall request

from the General Manager for one (1) TAP Manager and one (1) TAP Specialist

Sponsor: Lisa Liggins, Secretary

19.

Enter the e-poll results into the record regarding the approved posting

request from the Retail General Manager for seven (7) vacancies

Sponsor: Lisa Liggins, Secretary

20.

Enter the e-poll results into the record regarding the approved posting

request from the General Manager for one (1) Recovery Coach

Sponsor: Lisa Liggins, Secretary

21.

Enter the e-poll results into the record regarding the approved recall request

from the General Manager for two (2) Transit Dispatchers

Sponsor: Lisa Liggins, Secretary

22.

Enter the e-poll results into the record regarding the approved wage

adjustment request from the Retail General Manager for two (2) Assistant

General Managers

Sponsor: Lisa Liggins, Secretary

23.

Enter the e-poll results into the record regarding the approved recall request

from Division of Public Works for seven (7) Custodians and one (1) Resident

Services Specialist

Sponsor: Lisa Liggins, Secretary

24.

Enter the e-poll results into the record regarding the accepted rescission of

resignation for employment contract # 2018-0256 and direct Employee

Relations to provide notice to the proper entities

Sponsor: Lisa Liggins, Secretary

25.

Enter the e-poll results into the record regarding the approved posting

request from the General Manager for one (1) Business Systems Analyst, one

(1) Senior Network Analyst, and one (1) Family Services – Lay Advocate

Sponsor: Lisa Liggins, Secretary

26.

Enter the e-poll results into the record regarding the approved limited term

employee requests from the Oneida Nation School System for one (1) High

School Language Arts Teacher and one (1) Middle School Science Teacher

Sponsor: Lisa Liggins, Secretary

27.

Enter the e-poll results into the record regarding the approved recall request

from Gaming for one (1) Cage/Vault Trainer

Sponsor: Lisa Liggins, Secretary

28.

Enter the e-poll results into the record regarding the approved recall request

from General Manager for one (1) Press Operator on a temporary basis for the

month of September, ending with pay period of October 3, 2020

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 23, 2020

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29.

Enter the e-poll results into the record regarding the approved recall request

for one (1) Higher Education Administrative Assistant for three (3) months

Sponsor: Lisa Liggins, Secretary

30.

Enter the e-poll results into the record regarding the rescinded Business

Committee action of August 12, 2020 for support of recommendation #4 in the

Treasurer's memorandum dated August 6, 2020

Sponsor: Lisa Liggins, Secretary

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 6 of 6

September 23, 2020

Public Packet

Special recognition for years of service

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Public Packet

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9/18/2020

Public Packet

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Years of Service Recognition

35 Years of Service

Years of Service Recognition

Connie Vandenberg

August 26, 2020, Regular Business Committee Meeting

Years of Service Recognition

35 Years of Service

30 Years of Service

Diana King

Cheryl R. Stevens

Years of Service Recognition

35 Years of Service

30 Years of Service

Tony D. Smith

Judith A. Skenandore

9/18/2020

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Years of Service Recognition

25 Years of Service

Tina Pospychala

Jennifer J. Schabow

Years of Service Recognition

30 Years of Service

25 Years of Service

Erwin R. Danforth

Cheryl A. Skenandore

Years of Service Recognition

30 Years of Service

25 Years of Service

Charles E. John

MaryJo Nash

9/18/2020

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Years of Service Recognition

25 Years of Service

Timothy A. Moreau

Jessalyn M. Harvath

Years of Service Recognition

25 Years of Service

Cynthia E. Couture

Florence M. John

Years of Service Recognition

25 Years of Service

Carol A. Bauman

Elizabeth Schwantes

9/18/2020

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Years of Service Recognition

25 Years of Service

Paul D. Niec

Juliana M. Eckberg

Years of Service Recognition

25 Years of Service

Paula M. Fish

Kurt G. Jordan

Years of Service Recognition

25 Years of Service

Patricia A. Campbell

Maria E. Danforth

9/18/2020

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Years of Service Recognition

Yawлʔkóꞏ

25 Years of Service

Karen P. Cornelius

Years of Service Recognition

25 Years of Service

Kent S. Brunette

Years of Service Recognition

25 Years of Service

Paul W. Hofmann

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Oneida Gaming Commission - Reynold "Tommy" Danforth

Business Committee Agenda Request

1. Meeting Date Requested:

09/23/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☐ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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Oneida Business Committee Agenda Request

Adopt resolution entitled Setting Supervision and Management of Direct Reports to the Oneida Business..

1. Meeting Date Requested:

/ 23 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution to amend resolution BC-08-12-20-A Setting Supervision and Management of Direct Reports

to the Oneida Business Committee.

Approve SOP: Hiring, Negotiating and Terminating of BC Professional Support Employees 9/23/20

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Liggins, Secretary

Primary Requestor/Submitter:

Jessica Vandekamp, Employee Relations Representative

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Purpose: To ensure the Resolution is updated to reflect recent changes to titles and position numbers.

There are a couple corrections needed for the resolution to accurately reflect the current direct reports and

responsiblities:

1) Correct the title in line 50

2) Correct job description # in line 55

3) Include Employee Relations and job description #

4) Remove "accounting related sign off activities" from line 62 and 63

- This removal is being requested as it caused confusion during transition when updating the

signatories for the Nation's financials.

Action: Adopt the resolution entitled Setting Supervision and Management of Direct Reports to the Oneida

Business Committee

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

REDLINE

Oneida, WI 54155

BC Resolution # __________

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee has re-instated the position of General Manager to

provide guidance and stability to the Nation’s governmental units assigned to report to that

position; and

WHEREAS,

the Oneida Business Committee has determined that some positions, such as the Chief

Financial Officer, are not direct reports to the Oneida Business Committee but have

interactions with and impacts on governmental units; and

WHEREAS,

the Oneida Business Committee has also determined that some positions, such as the

Gaming General Manager, Emergency Management, and Human Resources Department,

require direct contact and supervision by the Oneida Business Committee because of the

position (Gaming General Manager), the duties (governmental response), or services

provided (personnel); and

WHEREAS,

the E. Delgado Oneida Business Committee adopted resolutions clarifying the impact of

interim actions addressing the removal of the position of the General Manager; and

WHEREAS,

the T. Danforth Oneida Business Committee adopted clarifying resolutions regarding

supervision and management of direct reports; and

WHEREAS,

the Oneida Business Committee has determined that these resolutions provided clear

guidance to direct reports and should be updated reflecting hiring a General Manager; and

WHEREAS,

the Oneida Business Committee re-affirms resolution # BC-01-14-09-D, Definition of

Oversight; and

NOW THEREFORE BE IT RESOLVED, that this resolution shall supersede all prior motions and

resolutions in conflict with the directives set forth in this resolution.

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BC Resolution # __________

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

Page 2 of 2

BE IT FURTHER RESOLVED, that for purposes of this resolution, “direct reports” are defined as the

following positions within the Nation:

Chief Counsel, job description # 09030

General Manager, job description # 09012

Gaming General Manager, job description # 09020

Retail General Manager, job description # 09096

Business Compliance Analyst, job description, # 03029

Intergovernmental Affairs and Communications Director, job description # 02735

Emergency Management Director, job description # 09072

Area Manager, Human Resources Departmentivision, job description # 00662

Strategic Planner, job description # 03106

Project Manager, job description # 03111

Project Coordinator, job description # 03104

Budget Analyst, job description # 03103

Executive Assistant, job description # 031131305

Employee Relations, job description #03105

BE IT FURTHER RESOLVED, that the Oneida Business Committee delegates to the officers (Chair, ViceChair, Treasurer, Secretary, and Legislative Operating Committee Chair) the authority and responsibility of

administrative supervision of direct reports.

1. Administrative supervision shall be defined as matters involving the individual personnel

requests such as use of personal or vacation time, performance tracking. and accounting

related sign-off activities.

2. Administrative supervision requests shall be routed through the Tribal Secretary's Office which

shall be responsible for logging in requests and documenting the results of the officer decisions.

providing direction to direct reports regarding organizational activities. Direction regarding organizational

activities shall be defined as providing advice and opinion regarding the policy decisions made by the

Oneida Business Committee and shall exclude the authority to direct specific action.

BE IT FURTHER RESOLVED, that the Oneida Business Committee delegation to the officers (Chair, ViceChair, Treasurer, Secretary, and Legislative Operating Committee Chair) includes the expectation that the

officers will act by majority vote and, in all cases, to attempt consensus decision making as agreed to from

the initial strategic planning activities.

BE IT FURTHER RESOLVED, that the Oneida Business Committee directs the Secretary to forward this

resolution to the Human Resources Department to identify the necessary amendments to the administrative

processes and procedures to fully implement this resolution in a timely manner.

BE IT FINALLY RESOLVED, that this resolution shall be effective upon adoption.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee has re-instated the position of General Manager to

provide guidance and stability to the Nation’s governmental units assigned to report to that

position; and

WHEREAS,

the Oneida Business Committee has determined that some positions, such as the Chief

Financial Officer, are not direct reports to the Oneida Business Committee but have

interactions with and impacts on governmental units; and

WHEREAS,

the Oneida Business Committee has also determined that some positions, such as the

Gaming General Manager, Emergency Management, and Human Resources Department,

require direct contact and supervision by the Oneida Business Committee because of the

position (Gaming General Manager), the duties (governmental response), or services

provided (personnel); and

WHEREAS,

the E. Delgado Oneida Business Committee adopted resolutions clarifying the impact of

interim actions addressing the removal of the position of the General Manager; and

WHEREAS,

the T. Danforth Oneida Business Committee adopted clarifying resolutions regarding

supervision and management of direct reports; and

WHEREAS,

the Oneida Business Committee has determined that these resolutions provided clear

guidance to direct reports and should be updated reflecting hiring a General Manager; and

WHEREAS,

the Oneida Business Committee re-affirms resolution # BC-01-14-09-D, Definition of

Oversight; and

NOW THEREFORE BE IT RESOLVED, that this resolution shall supersede all prior motions and

resolutions in conflict with the directives set forth in this resolution.

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BC Resolution # __________

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

Page 2 of 2

BE IT FURTHER RESOLVED, that for purposes of this resolution, “direct reports” are defined as the

following positions within the Nation:

Chief Counsel, job description # 09030

General Manager, job description # 09012

Gaming General Manager, job description # 09020

Retail General Manager, job description # 09096

Business Compliance Analyst, job description, # 03029

Intergovernmental Affairs and Communications Director, job description # 02735

Emergency Management Director, job description # 09072

Area Manager, Human Resources Department, job description # 00662

Strategic Planner, job description # 03106

Project Manager, job description # 03111

Project Coordinator, job description # 03104

Budget Analyst, job description # 03103

Executive Assistant, job description # 03113

Employee Relations, job description #03105

administrative supervision of direct reports.

1. Administrative supervision shall be defined as matters involving the individual personnel

requests such as use of personal or vacation time, performance tracking.

2. Administrative supervision requests shall be routed through the Tribal Secretary's Office which

shall be responsible for logging in requests and documenting the results of the officer decisions.

providing direction to direct reports regarding organizational activities. Direction regarding organizational

activities shall be defined as providing advice and opinion regarding the policy decisions made by the

Oneida Business Committee and shall exclude the authority to direct specific action.

officers will act by majority vote and, in all cases, to attempt consensus decision making as agreed to from

the initial strategic planning activities.

BE IT FURTHER RESOLVED, that the Oneida Business Committee directs the Secretary to forward this

resolution to the Human Resources Department to identify the necessary amendments to the administrative

processes and procedures to fully implement this resolution in a timely manner.

BE IT FINALLY RESOLVED, that this resolution shall be effective upon adoption.

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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

Setting Supervision and Management of Direct Reports to the Oneida Business Committee

Summary

This resolution amends resolution BC-08-12-20-A and identifies the direct reports of the Nation,

and delegates the supervision and management of the direct reports.

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

Date: September 14, 2020

Analysis by the Legislative Reference Office

This resolution amends resolution BC-08-12-20-A titled, “Setting Supervision and Management

of Direct Reports to the Oneida Business Committee.” This resolution amends resolution BC-0812-20-A by adjusting some of the titles of the direct reports and removing accounting related sign

off activities from administrative supervision responsibilities.

Overall, this resolution identifies the specific positions of the Nation that are considered direct

reports to the Oneida Business Committee, which includes the following:

 Chief Counsel;

 General Manager;

 Gaming General Manager;

 Retail General Manager;

 Business Compliance Analyst;

 Intergovernmental Affairs and Communications Director;

 Emergency Management Director;

 Area Manager, Human Resources Department;

 Employee Relations;

 Strategic Planner;

 Project Manager;

 Project Coordinator;

 Budget Analyst; and

 Executive Assistant.

These positions are direct reports to the Oneida Business Committee due to the direct contact and

supervision needed by the Oneida Business Committee because of the position, the duties, or the

services provided.

This resolution then addresses the management and supervision of the specified direct reports. The

authority and responsibility of administrative supervision of direct reports is delegated to the

officers, who are identified as the Oneida Business Committee Chairperson, Vice Chairperson,

Secretary, Treasurer, and Legislative Operating Committee Chairperson. The officers are also

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delegated the authority and responsibility of providing direction to direct reports regarding

organizational activities.

This resolution clarifies that the delegation of authority and responsibility to the officers includes

the expectation that the officers will act by majority vote and attempt consensus decision making

as agreed to from the initial strategic planning activities.

The Nation’s Secretary is directed through this resolution to forward this resolution to the Human

Resources Department to identify the necessary amendments to the administrative processes and

procedures to fully implement this resolution in a timely manner.

This resolution shall be effective upon adoption and shall supersede all prior motions and

resolutions in conflict with the directives set forth in this resolution.

Conclusion

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

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Rescind resolution # BC-01-23-93 regarding the Oneida Headstart and Early Headstart Programs

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

2. General Information:

Session:

[Z) Open

Agenda Header:

23 / 20

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

_ _io_n_s______________________________,

'�Re_ so

_ _ lut

D Accept as Information only

[Z) Action - please describe:

Requesting to Rescind Resolution #1-20-93

3. Supporting Materials

D Report

1ZJ Other:

D Contract

[Z) Resolution

1.IMemo requesting to rescind

1ZJ Business Committee signature required

4. Budget Information

D Budgeted - Tribal Contribution

D Budgeted - Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor I Liaison:

Deborah Thundercloud, General Manager

Primary Requestor/Submitter:

Jacqueline Smith, Education & Training Area Manager

Additional Requestor:

Your Name, Title/ Dept. or Tribal Member

Name, Title/ Dept.

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Jo Anne House, PhD | Chief Counsel

James R. Bittorf | Deputy Chief Counsel

Kelly M. McAndrews | Senior Staff Attorney

Law Office

Michelle L. Gordon

Carl J. Artman

Krystal L. John

Peggy A. Schneider

MEMORANDUM

TO:

Jackie Smith, Education & Training Area Manager

FROM:

Peggy A. Schneider, Staff Attorney

DATE:

August 31, 2020

Peggy A

Schneider

Digitally signed by Peggy A

Schneider

Date: 2020.08.31 10:42:27

-05'00'

SUBJECT: Resolution # 1-20-93-A

You requested a legal opinion on BC Resolution #1-20-93-A, which is related to the Oneida

Headstart and Early Headstart Programs. You asked for opinions on four questions, specifically:

1. Does this resolution state that the Tribe is obligated or bound to fund Head Start (HS)

and/or Early Head Start (EHS) programming for families that would be determined

ineligible for HS/EHS participation due to their income being over the allowable limits?

2. Does this resolution, in any way, indicate that the Tribe is obligated to fund HS and/or

EHS programs?

3. If the resolution states that the Oneida Tribe is bound to pay for over income or ineligible

families to attend HS and/or EHS programming, does it indicate a cost per child funding

level?

4. Does this resolution give HS and/or EHS a waiver to accept over income families into

HS/EHS programs?

The Resolution does not answer these questions directly. I requested the legislative history but

no information could be provided. The single Resolved statement in the Resolution reads as

follows:

NOW THEREFORE BE IT RESOLVED: that the Oneida Tribe will develop plans to

provide early childhood education to all tribally enrolled or eligible to be enrolled 3 and 4

year old children within the Tribe’s service area.

By itself, this statement does not answer your questions about Tribal funding for children who

are ineligible for Headstart because their family income exceeds the limits. However, the

Whereas statements provide more context and describe the Oneida Headstart Program as

follows: “[T]he Oneida Tribe has partially funded Oneida Tribal children ineligible under

Headstart income guidelines for many years,” and “[T]he Oneida Tribe will continue to offer and

provide necessary resources in order to meet the educational needs of its members regardless of

income.” Taken together, the Wheareas statements and the Resolved statement probably require

the Tribe to provide partial funding for over-income children to attend Headstart. This

Resolution also requires the Tribe to “provide early childhood education,” whether through

Headstart or some other means.

N7210 Seminary Road Ɣ P.O. Box 109 Ɣ Oneida, WI 54155 Ɣ 920.869.4327

oneida-nsn.gov

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Page 2

As for your third and fourth questions, I do not see any language in the Resolution that requires a

certain level of funding for over-income children, nor is there any mention of a waiver in the

Resolution language.

Please let me know if you have any further questions.

A good mind. A good heart. A strong fire.

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Oneida Business Committee Agenda Request

Adopt resolution entitled Extension of the Emergency Amendments to the General Tribal Council Meeting

1. Meeting Date Requested:

09 / 23 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt the resolution titled, "Extension of the Emergency Amendments to the General Tribal Council Meeting

Stipend Payment Policy"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Extension of Emergency Amendments Packet

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:

Kristen M. Hooker, LRO Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

September 23, 2020

Extension of the General Tribal Council Meeting Stipend Payment Policy

Emergency Amendments

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

of the General Tribal Council Meeting Stipend Payment Policy Emergency Amendments:

1. Resolution: Extension of the Emergency Amendments to the General Tribal Council

Meeting Stipend Payment Policy

2. Statement of Effect: Extension of the Emergency Amendments to the General Tribal

Council Meeting Stipend Payment Policy

3. General Tribal Council Meeting Stipend Payment Policy

Overview

Emergency amendments to the General Tribal Council Meeting Stipend Payment Policy (the

“Law”) were adopted by the Oneida Business Committee through resolution BC-04-08-20-A for

the purpose of creating an exception to the mandatory payment of General Tribal Council (“GTC”)

meeting stipends when deemed necessary to protect and safeguard the resources and general

welfare of the Nation. The emergency amendments to the Law:

▪ Provide the Oneida Business Committee with authority to decide, through adoption of a

resolution, to halt the payment of General Tribal Council meeting stipends to all eligible

members for a period of time the Oneida Business Committee deems necessary to protect

and safeguard the resources and general welfare of the Nation. [1 O.C. 111.4-3(c)].

The Oneida Business Committee (“OBC”) is delegated authority to temporarily enact legislation

when it 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].

Earlier this year, the federal government proclaimed a public health emergency due to the COVID19 virus, attributing it to large numbers of individuals becoming ill, high mortality rates and

impacts to the stock market, as well as businesses. State governors, including the State of

Wisconsin, also 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.

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

Emergency” (“Declaration”) pursuant to the Emergency Management and Homeland Security law,

which triggered the authority necessary to take action as a result of the COVID-19 pandemic and

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allows the Nation to seek reimbursement for emergency management actions that may result in

unexpected expenses. [3 O.C. 302.8-1]. With the Declaration, the OBC moved to protect the health

and welfare of the Nation’s members, employees and community by taking such actions as

instituting expenditure restrictions to preserve resources for the provision of governmental services

to those members most at risk and closing the Nation’s gaming operations.

The Declaration also met the “extreme financial distress” standard necessary under the Budget

Management and Control law to implement the Nation’s budget contingency plan (“Plan”) and,

on March 17, 2020, the OBC adopted resolution BC-03-17-20-A to implement the Plan’s Tier IV

budget reduction measures. Shortly thereafter, the OBC implemented the Plan’s Tier V measures

through adoption of resolution BC-04-08-20-C, which require five percent (5%) mandatory budget

cuts across the Nation, a reduction of all funding to essential services only and layoffs, for the

remainder of FY2020.

The emergency amendments to the General Tribal Council Meeting Stipend Payment Policy were

necessary for the preservation of the general welfare of the Reservation population. The emergency

amendments provided the OBC the authority to halt the payment of GTC meeting stipends, through

adoption of resolution BC-04-08-20-F, to preserve funding for essential governmental services

when no revenues were being generated through gaming operations and for the period of time it

will take after gaming operations start back up for the Nation to recover from the financial distress

caused by the COVID-19 pandemic.

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

adoption of the emergency amendments was contrary to public interest. The process and

requirements of the Legislative Procedures Act could not have been completed in time to allow

the Nation the ability to adequately preserve funding for necessary governmental services and

activities as a result of the COVID-19 pandemic.

The emergency amendments to the Law will expire on October 8, 2020. The Legislative

Procedures Act allows the Oneida Business Committee to extend emergency amendments for a

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

amendments to the Law is being requested because the Nation is still experiencing the effects of

the COVID-19 pandemic.

Since the March 12, 2020, “Declaration of Public Health State of Emergency” the Nation’s Public

Health State of Emergency has been extended until October 12, 2020, through the adoption of

resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A

and BC-09-09-20-A. In addition, the OBC adopted continuing budget resolution BC-08-12-20-J,

which directed that “FY2021 expenditures shall derive from each fund unit’s approved

contingency plan as impacted by resolution BC-04-08-20-C, Tier V Budget Contingency Declared

for Remainder of Fiscal Year 2020, and all expenditures shall be restricted to the greatest extent

possible to allow the Nation to provide critical-essential services.”

Extension of the emergency amendments to the Law will also be consistent with resolution BC04-08-20-F, which halts GTC meeting stipend payments for FY2020 and FY2021 based on the

finding that the financial status of the Nation will continue to be under extreme stress such that,

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when GTC meetings are scheduled, it will not be possible to make $180,000 to $200,000 in stipend

payments in the near future and still maintain governmental services.

The extension of the emergency amendments to the Law will become effective on October 8, 2020

when the emergency amendments as adopted through BC-04-08-20-A expire and will remain in

effect for an additional six (6) month term which will end on April 8, 2021.

Requested Action

Approve the Resolution: Extension of the Emergency Amendments to the General Tribal Council

Meeting Stipend Payment Policy.

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Extension of the Emergency Amendments to the General Tribal Council Meeting Stipend Payment

Policy

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 General Tribal Council Meeting Stipend Payment Policy (the “Law”) was adopted by

the Oneida Business Committee through resolution BC-12-10-08-K, amended by

resolution BC-02-13-13-E, and most recently amended on an emergency basis by

resolution BC-04-08-20-A; and

WHEREAS,

the Law governs the payment of stipends to attendees of a General Tribal Council meeting

who meet the eligibility requirements; 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, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19, declaring a Public Health State of Emergency for the

Nation until April 12, 2020, which was then subsequently extended through October 12,

2020, through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, BC-07-08-20-A, BC-08-06-20-A and BC-09-09-20-A; and

WHEREAS,

the Oneida Business Committee adopted resolution BC-03-17-20-A which declared that

Tier IV budget contingency measures are implemented which require a four percent (4%)

reduction in overall expenditures and budgets; and

WHEREAS,

the Oneida Business Committee adopted resolution BC-04-08-20-C, which declared that

Tier V budget contingency measures be implemented and directed expenditure reductions

of five percent (5%) regarding non-essential government functions and instituted lay-offs

regarding non-critical personnel; and

WHEREAS,

the Treasurer has implemented a COVID-19 Finance Team (“Finance Team”) to monitor

the financial status of the Nation and make recommendations regarding expenditure

restrictions for the remainder of FY2020, budgeting for FY2021, development of directions

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for continuing resolution for FY2021, and other actions necessary to ensure governmental

services can continue to be provided to those most in need and at risk regarding COVID19 and the health impacts of the virus; and

WHEREAS,

on August 12, 2020, the Oneida Business Committee adopted continuing budget resolution

BC-08-12-20-J, directing that FY2021 expenditures shall derive from each fund unit’s

approved contingency plan as impacted by resolution BC-04-08-20-C, Tier V Budget

Contingency Declared for Remainder of Fiscal Year 2020, and all expenditures shall be

restricted to the greatest extent possible to allow the Nation to provide critical-essential

services; 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 amendment of the legislation is required sooner than would be possible under the

Legislative Procedures Act; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Law through

resolution BC-04-08-20-A; and

WHEREAS,

the emergency amendments to the Law created an exception to the mandatory payment

of stipends to qualified attendees of GTC meetings when the Oneida Business Committee

determines, through adoption of a resolution, that halting such payments is necessary to

protect and safeguard the resources and general welfare of the Nation; and

WHEREAS,

the Oneida Business Committee determined that the emergency adoption of these

amendments to the Law were necessary for the preservation of the public health, safety

and general welfare of the Reservation population because it provides the Oneida

Business Committee with the authority to halt payments of GTC meeting stipends when

the Nation is under extreme financial stress such that it would not be possible to issue GTC

meeting stipends and still maintain essential governmental services; and

WHEREAS,

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

emergency amendments to the Law was contrary to public interest because the process

and requirements of the Legislative Procedures Act could not have been completed in time

to allow the Nation the ability to adequately preserve funding for necessary governmental

services and activities as a result of the COVID-19 pandemic; and

WHEREAS,

emergency legislation is effective for a period of six (6) months, renewable for an additional

six (6) months by the Oneida Business Committee; and

WHEREAS,

upon adoption of the emergency amendments to the Law, the Oneida Business Committee

adopted resolution BC-04-08-20-F, which halted the payment of GTC meeting stipends for

FY2020 and FY2021 to preserve funding for essential governmental services when no

revenues were being generated through gaming operations and for the period of time it will

take after gaming operations start back up for the Nation to recover from the financial

distress caused by the COVID-19 pandemic; and

WHEREAS,

the emergency amendments to the Law will expire on October 8, 2020; and

WHEREAS,

a six (6) month extension of the emergency amendments to the Law is being requested

because the Nation is still experiencing the extreme financial stress caused by the COVID19 pandemic and Public Health State of Emergency such that, when GTC meetings are

scheduled again, it will not be possible to make the approximate $180,000 to $200,000 in

stipend payments in the near future and still maintain governmental services; and

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WHEREAS,

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a six (6) month extension is further consistent with resolution BC-04-08-20-F, which halts

the payment of GTC meeting stipends for FY2020 and FY2021 based on the determination

by the Oneida Business Committees that discontinuing payments for this period of time is

necessary to protect and safeguard the resources and general welfare of the Nation; and

NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the General Tribal Council

Meeting Stipend Payment Policy are hereby extended for an additional six (6) month period, effective

October 8, 2020, and shall expire April 8, 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 the Emergency Amendments to the General Tribal Council Meeting Stipend

Payment Policy

Summary

This resolution extends the emergency amendments to the General Tribal Council Meeting Stipend

Payment Policy adopted through resolution BC-04-08-20-A for an additional six (6) months in

accordance with the Legislative Procedures Act.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: September 14, 2020

Analysis by the Legislative Reference Office

This resolution extends the emergency amendments to the General Tribal Council Meeting Stipend

Payment Policy (the “Law”) for an additional six (6) month term. The purpose of the Law is to

govern the payment of stipends for attendance at meetings of the General Tribal Council (“GTC”).

[1 O.C. 111.1-1].

Emergency amendments to the Law were adopted by the Oneida Business Committee through

resolution BC-04-08-20-A for the purpose of granting the Oneida Business Committee authority

to adopt a resolution that halts the payment of GTC meeting stipends to all eligible members of

the Nation when the Oneida Business Committee determines it is necessary to protect and

safeguard the resources and general welfare of the Nation. [1 O.C. 111.4-3(c)].

The Legislative Procedures Act (“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].

On March 12, 2020, in accordance with the Emergency Management and Homeland Security law,

Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding

COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020.

[3 O.C. 302.8-1]. The Public Health State of Emergency has since been extended until October

12, 2020 through adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC07-08-20-A, BC-08-06-20-A and BC-09-09-20-A.

On March 17, 2020, the Oneida Business Committee adopted resolution BC-03-17-20-A,

declaring that the Nation implement the Tier IV measures under its Budget Contingency Plan that

was put in place pursuant to the Budget Management and Control law for when the Nation is

experiencing extreme financial distress. Shortly thereafter, the Oneida Business Committee

implemented the Plan’s Tier V measures, through adoption of resolution BC-04-08-20-C, which

requires five percent (5%) mandatory budget cuts across the Nation, a reduction of all funding to

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essential services only and layoffs for the remainder of FY2020. Through its adoption of resolution

BC-08-12-20-J, said measures are to continue through FY2021.

The Oneida Business Committee determined that the emergency amendments to the Law were

necessary for the preservation of the general welfare of the Reservation population. The emergency

amendments were needed to provide an exception to the otherwise mandatory payment of GTC

meeting stipends when the Oneida Business Committee determines that the halting of said

payments would protect and safeguard the resources and general welfare of the Oneida Nation.

Additionally, the Oneida Business Committee determined that observance of the requirements

under the LPA for adoption of this amendment would be contrary to public interest. The process

and requirements of the LPA could not be completed in time to allow the Nation the ability to

adequately preserve funding for necessary governmental services and activities as a result of the

COVID-19 pandemic.

The emergency amendments to the Law became effective immediately upon adoption by the

Oneida Business Committee and were set to be effective for six (6) months. The emergency

amendments to the Law will expire on October 8, 2020.

Upon adoption of the emergency amendments to the Law, the Oneida Business Committee adopted

resolution BC-04-08-20-F, which halted the payment of GTC meeting stipends for FY2020 and

FY2021 to preserve funding for essential governmental services when no revenues were being

generated through gaming operations and for the period of time it will take after gaming operations

start back up for the Nation to recover from the financial distress caused by the COVID-19

pandemic.

The Legislative Procedures Act authorizes the Oneida Business Committee to extend the adoption

of emergency amendments for an additional six (6) month period. [1 O.C. 109.9-5(b)]. An

extension of the emergency amendments is being requested because the Nation is still experiencing

the effects of the COVID-19 pandemic, and, consistent with the findings set forth in resolution

BC-04-08-20-F, the financial distress that the Nation has suffered as a result of the COVID-19

pandemic is such that, when GTC meetings are scheduled again, it will not be possible to make

the approximate $180,000 to $200,000 in stipend payments in the near future while still

maintaining governmental services.

Through this resolution, the extension of the emergency amendments to the Law will become

effective on October 8, 2020 (when the emergency amendments adopted through BC-04-08-20-A

expire) and will remain in effect for an additional six (6) month term which will end on April 8,

2021.

Conclusion

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

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OBC Consideration of Extension of the General Tribal Council Meeting Stipend Payment Policy

Emergency Amendments Adopted through Resolution BC-04-08-20-A

2020 09 23

Title 1. Government and Finances – Chapter 111

GENERAL TRIBAL COUNCIL MEETING STIPEND PAYMENT POLICY

111.1. Purpose and Policy

111.2. Adoption, Amendment, Repeal

111.3. Definitions

111.4. Stipends

111.5. General Tribal Council Meetings

111.6. Appeals

111.1. Purpose and Policy

111.1-1. The purpose of this law is to govern the payment of stipends for attendance at General Tribal

Council meetings.

111.1-2. It is the policy of the Oneida Nation to pay eligible General Tribal Council members a

stipend for attending a General Tribal Council meeting at which a quorum is established and

maintained and where official Tribal business is conducted.1

111.2. Adoption, Amendment, Conflicts

111.2-1. This law was adopted by the Oneida Business Committee by resolution BC-12-10-08-K,

amended by resolution BC-02-13-13-E and emergency amended by resolution BC-__-__-__-__.

111.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the

procedures set out in the Legislative Procedures Act.

111.2-3. 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.

111.2-4. 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.

111.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

111.3. Definitions

111.3-1. This section shall govern the definitions of words and phrases as used within this law. All

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

(a) “General Tribal Council” means the governing body of the Oneida Nation, which is

composed of the qualified voters of the Oneida Nation, as determined by the Constitution of

the Oneida Nation.

(b) “Nation” means the Oneida Nation.

111.4. Stipends

111.4-1. Except as provided in section 111.4-3(c) of this law, any member of the Nation who meets

the requirements of section 111.4-2 shall receive a stipend in an amount determined by General Tribal

Council for attending a General Tribal Council meeting, if a quorum is established.

(a) If a quorum has not been established within fifteen (15) minutes after the published

starting time, the meeting shall not be held and no stipend shall be paid.

111.4-2. In order to receive a stipend for attending a General Tribal Council meeting, a person shall:

(a) be a qualified voter, in accordance with the Constitution of the Oneida Nation;

August 11, 2007 GTC Directive: “Motion by Madelyn Genskow that a stipend of $100 be paid to any General Tribal

Council member who attends a GTC meeting and is eligible to vote and stays until the end of the meeting effective in

calendar year 2008 and for all time, seconded by Nancy Skenandore.”

1 O.C. 111 – Page 1

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(b) except as provided under (1), register no later than fifteen (15) minutes after the published

starting time of the meeting by checking in at a registration table, filling out any required

forms, and providing a valid Tribal or state issued picture identification;

(1) A person who is physically in line to register for a General Tribal Council meeting

within fifteen (15) minutes after the published starting time of the meeting, may

receive a stipend for attending a General Tribal Council meeting if he or she registers

and meets the other requirements under this section.

meeting is adjourned; and

(1) For purposes of this law, a member of the Nation who leaves the meeting area and

any related bathroom facilities, as identified by the Office of the Nation’s Secretary,

is not considered present for the entire meeting.

(d) check out and provide a valid Tribal or state issued picture identification card after the

meeting ends.

(1) For purposes of this law, a meeting ends when the meeting is adjourned, the

meeting is recessed to a later date, or a quorum is lost.

111.4-3. Payment. The stipend payment shall be made by an acceptable distribution process approved

by the Accounting Department. Any fees associated with reissuing a payment shall be deducted from

a reissued payment.

(a) The Accounting Department shall distribute stipend payments no later than fifteen (15)

business days after a General Tribal Council meeting is held.

(b) If a member of the Nation does not receive a stipend payment after meeting the

requirements of section 111.4-2, he or she may contact the Enrollment Department to verify

his or her eligibility to receive the stipend payment.

to halt the payment of General Tribal Council meeting stipends to all eligible members for a

period of time deemed necessary by the Oneida Business Committee to protect and safeguard

the resources and general welfare of the Nation.

111.5. General Tribal Council Meetings

111.5-1. Enrollment Department.

(a) The Enrollment Department shall be responsible for the following at each General Tribal

Council meeting:

(1) Conducting check in/out of members of the Nation and verifying voter eligibility.

(2) Verifying mailing address of each member of the Nation.

(3) Providing eligible members of the Nation with a hand stamp, bracelet or other

identifier that can be displayed upon request to prove they are eligible to attend the

meeting and/or vote during the meeting.

(b) Enrollment Department officials shall be responsible for verifying the information

provided by members of the Nation while checking in and out. A Tribal or state issued picture

identification card shall be required to verify the identity of the person registering.

Nation who are eligible to receive a stipend to the Accounting Department as soon as possible

1 O.C. 111 – Page 2

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100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

after the meeting.

111.5-2. If the facility where the meeting is held does not seat at least two thousand five hundred

(2,500) people, the Oneida Business Committee shall have the Security Department or other

applicable individuals limit meeting attendees to those members of the Nation who are eligible to

vote.

111.6. Appeals

111.6-1. Any member of the Nation denied a stipend payment may file an appeal with the Enrollment

Department within forty-five (45) days after the meeting for which the meeting stipend was denied.

The review shall be conducted by the Enrollment Director or his/her designee. A determination as to

whether the member was eligible for the stipend shall be made within five (5) business days of receipt

of the appeal.

(a) The determination shall be sent by registered mail (return receipt requested) or delivered

in person to the member.

(b) In the event a stipend payment is denied, the determination shall include a statement

notifying the member that he or she has fourteen (14) calendar days to file an appeal with the

Oneida Trust/Enrollment Committee.

notifying the member that the Enrollment Department will forward his or her relevant

information to the Accounting Department to process the payment.

111.6-2. Any member of the Nation denied a stipend payment after an appeal to the Enrollment

Director may appeal the Director’s determination to the Oneida Trust/Enrollment Committee. The

appeal shall be filed within fourteen (14) calendar days of receipt of the determination. An appeal

shall be filed with the Oneida Trust/Enrollment Committee in care of the Enrollment Department.

The Enrollment Department shall forward the appeal to the Oneida Trust/Enrollment Committee no

later than the next business day.

111.6-3. A quorum of the Oneida Trust/Enrollment Committee shall conduct a hearing of the appeal

and issue a determination within forty-five (45) days of the receipt of the member’s request for review.

(a) The Oneida Trust/Enrollment Committee determination shall be sent by registered mail

(return receipt requested) or delivered in person to the member.

111.6-4. Payments after an Appeal.

(a) Within five (5) business days after the Enrollment Director or the Oneida Trust/Enrollment

Committee determines that a stipend should have been granted, the Enrollment Department

shall notify the Accounting Department of the determination, the name of the member and

any additional relevant information needed by the Accounting Department to make the

payment.

(b) The Accounting Department shall distribute a stipend payment to the member within

fifteen (15) business days from the notification.

111.6-5. The determination of the Oneida Trust/Enrollment Committee shall be final.

End.

_____________________________________________________________________________________________

GTC Directive – 8/11/07

Emergency Adoption – BC-12-07-07-A

1 O.C. 111 – Page 3

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Emergency Extension – BC-05-28-08-C

Permanent Adoption – BC-12-10-08-K

GTC Directive – GTC-11-21-11-A

Emergency Adoption – BC-05-09-12-A

Emergency Extension – BC-10-14-12-B

Adopted – BC-02-13-13-E

Emergency Amended – BC-__-__-__-__

1 O.C. 111 – Page 4

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Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule

Business Committee Agenda Request

1. Meeting Date Requested:

09/23/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☐ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ E-poll results/back-up ☐ Bylaws

☐ MOU/MOA

☐ Presentation

☐ Law

☐ Draft GTC Packet

☐ Other: Describe

☒ Resolution

☒ Statement of Effect

☐ Travel Documents

☐ Petition

☐ Rule (adoption packet)

☐ Draft GTC Notice

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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Business Committee Agenda Request – Cover Memo

From:

Lisa Liggins, Secretary

Date:

9/19/2020

RE:

Update to the OBC regular meeting schedule

PURPOSE

Article III, Section 3 of the Constitution of the Oneida Nation states that regular meetings of the

Business Committee may be established by resolution of the Business Committee. BC action is

needed to updated the schedule.

BACKGROUND

Resolution # BC-01-22-20-D set executive discussion meetings every second and fourth

Tuesday at 8:30 a.m., and regular meetings every second and fourth Wednesday at 8:30 a.m.

An informal discussion was held and a consensus decision was made to eliminate the executive

discussion meetings.

REQUESTED ACTION

Adopt the resolution entitled Modifying the Oneida Business Committee Regular Meeting

Schedule

Page 1 of 1

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________

Modifying the Oneida Business Committee Regular Meeting Schedule

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,

Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the

Business Committee may be established by resolution of the Business Committee”; and

WHEREAS,

with the passage of resolution # BC-07-7-87-A, the Business Committee established a

regular meeting schedule to meet each Tuesday, at 1:30 p.m., and each Friday, at 9:00

a.m.; and

WHEREAS,

with the passage of resolution # BC-03-25-88-B, the Business Committee modified the

regular meeting schedule to meet each Friday, at 9:00 a.m., and to hold informational

meetings the first Monday each month, at 7:00 p.m.; and

WHEREAS,

with the passage of resolution # BC-04-26-91-A, the Business Committee modified the

regular meeting schedule to meet each week on Wednesday, at 9:00 a.m.; and

WHEREAS,

with the passage of resolution # BC-02-11-04-A, the Business Committee modified the

regular meeting schedule to meet every other week on Wednesday, at 9:00 a.m.; and

WHEREAS,

with the passage of resolution # BC-12-10-08-A, the Business Committee modified the

regular meeting schedule to meet every second and fourth Wednesday each month, at

9:00 a.m.; and

WHEREAS,

with the passage of resolution # BC-06-23-10-E, the Business Committee modified the

regular meeting schedule to include executive discussion meetings every second and

fourth Tuesday of the month, at 9:00 a.m.; and

WHEREAS,

with the passage of resolution # BC-11-23-16-C, the Business Committee modified the

regular meeting schedule to meet every second and fourth Tuesday of the month at 8:30

a.m. for executive discussion meetings, and to meet every second and fourth Wednesday

of the month at 8:30 a.m. for regular meetings; and

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BC Resolution # __________

Modifying the Oneida Business Committee Regular Meeting Schedule

Page 2 of 2

WHEREAS,

with the passage of resolution # BC-12-27-16-A, the Business Committee modified the

regular meeting schedule to meet every second and fourth Wednesday of each month at

8:30 a.m., and for the purpose of addressing quarterly reports, to meet the fourth Thursday

of January, April, July, and October at 8:00 a.m.; and

WHEREAS,

with the passage of resolution # BC-09-27-17-D, the Business Committee modified the

regular meeting schedule for quarterly reports to meet the fourth Thursday of February,

May, August, and November at 8:00 a.m.; and

WHEREAS,

with the passage of resolution # BC-01-22-20-D, the Business Committee eliminated

regular meetings for the purpose of addressing quarterly reports, retained executive

discussion meetings every second and fourth Tuesday of the month at 8:30 a.m. and

retained regular meetings every second and fourth Wednesday of the month at 8:30 a.m.;

and

WHEREAS,

the Business Committee has determined that holding a separate executive discussion

meeting for the sole purpose of addressing items submitted to the Executive Session

section of the meeting agenda is not the best use of resources available; and

WHEREAS,

the Business Committee has determined eliminating the separate executive discussion

meeting would better serve the membership of the Oneida Nation and the Business

Committee.

NOW THEREFORE BE IT RESOLVED, executive discussion meetings of the Oneida Business Committee

shall be eliminated immediately;

BE IT FURTHER RESOLVED, regular meetings of the Oneida Business Committee shall be held every

second and fourth Wednesday each month, at 8:30 a.m.;

BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices or resolutions, in

particular resolution # BC-01-22-20-D regarding the subject of regular meetings of the Oneida Business

Committee.

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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

Modifying the Oneida Business Committee Regular Meeting Schedule

Summary

This resolution modifies the regular meeting schedule of the Oneida Business Committee (“OBC”)

by eliminating the executive discussion meetings scheduled every second and fourth Tuesday of

the month at 8:30 a.m., effective immediately upon its adoption.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: September 15, 2020

Analysis by the Legislative Reference Office

Article III, Section 3 of the Constitution of the Oneida Nation states that regular meetings of the

Business Committee may be established by resolution of the Business Committee. In addition, the

Oneida Business Committee Meetings law provides that the Oneida Nation Secretary shall present,

on or around October of each year, a proposed schedule for regular meetings of the Oneida

Business Committee for approval by the Oneida Business Committee. [1 O.C. 117.6-1]. Over the

years, the OBC has been presented with and adopted the following regular meeting schedules:

• BC-07-07-87-A – regular meetings every Tuesday at 1:30 p.m. and every Friday at 9:00

a.m.;

• BC-03-25-88-B – regular meetings every Friday at 9:00 a.m., and informational meetings

the first Monday of each month at 7:00 p.m.;

• BC-04-26-91-A – regular meetings every Wednesday at 9:00 a.m.;

• BC-02-11-04-A – regular meetings every other Wednesday at 9:00 a.m.;

• BC-12-10-08-A – regular meetings every second and fourth Wednesday at 9:00 a.m.;

• BC-06-23-10-E – executive discussion meetings added every second and fourth Tuesday

at 9:00 a.m.;

• BC-11-23-16-C – regular meetings every second and fourth Wednesday at 8:30 a.m., and

executive discussion meetings every second and fourth Tuesday at 8:30 a.m.;

• BC-12-27-16-A – regular meetings every second and fourth Wednesday at 8:30 a.m., and

quarterly report meetings the fourth Thursday in January, April, July and October at 8:00

a.m.;

• BC-09-27-17-D – quarterly report meetings the fourth Thursday of February, May, August

and November at 8:00 a.m.; and

• BC-01-22-20-D – quarterly report meetings eliminated, executive discussion meetings

every second and fourth Tuesday at 8:30 a.m., and regular meetings every second and

fourth Wednesday at 8:30 a.m.

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The OBC has determined that holding separate executive discussion meetings to address items

submitted to the Executive Session section of its meeting agenda is not the best use of available

resources. The OBC has further determined that eliminating these meetings would better serve the

membership of the Nation and the OBC.

This resolution eliminates executive discussion meetings, effective immediately, and reiterates that

regular meetings of the OBC shall continue to be held every second and fourth Wednesday of the

month at 8:30 a.m. This resolution further provides that it supersedes all prior motions, practices

and resolutions regarding the subject of regular meetings of the Oneida Business Committee, citing

specifically to resolution BC-01-22-20-D.

Conclusion

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

Page 2 of 2

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Oneida Business Committee Agenda Request

Adopt resolution entitled Native American Agriculture Fund Limited Waiver of Tribal Immunity

1. Meeting Date Requested:

09 / 23 / 20

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

We request the passage of a resolution in support of a limited waiver of immunity related to a grant from the

Native American Agriculture Fund

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Waiver Justification

3. Law Office Review

2. Waiver draft

4. Grant Authorization form

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Debbie Thundercloud

Primary Requestor/Submitter:

Donald M Miller, Grant Specialist, Grants Department

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

William VerVoort, OCIFS

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The Oneida Nation has been awarded a grant in the amount of $44,170 from the Native American Agriculture

Fund (NAAF) to pay for a youth agricultural training program to be managed by OCIFS. The grant will pay for the

establishment of a training site that will be made available to Oneida youth and adults at the 4-H farm on the

Oneida reservation and to pay for the first such trainings on that site. The initial trainings will take place over a

two year period and involve youth from the 4-H program and the Oneida Nation High School along with the

Oneida High School Science teacher.

As part of their charter the NAAF is required to obtain a limited waiver of immunity for the amount of the award.

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 LAW OFFICE

CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT

TO:

Donald M. Miller

Grants

Use this number on future correspondence:

FROM: Jo Anne House, Chief Counsel

DATE: September 16, 2020

RE:

Native American Agriculture Fund-NAAF 2020

Grant

2020-0637

Purchasing Department Use

Contract Approved

Contract Not Approved

(see attached explanation)

If you have any questions or comments regarding this review, please call 869-4327.

The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law

Office for legal content only. Please note the following:

The document is in appropriate legal form. (Execution is a management decision.)

Requires Business Committee approval of the limited waiver of sovereign immunity prior

to execution. If this contract is submitted to the Oneida Business Committee for approval

of a limited waiver of sovereign immunity, the following information should be

submitted along with the agenda review request and contract.

Was there an attempt to negotiate with the vendor regarding the waiver of

sovereign immunity?

According to the Funders Charter a partial waiver of sovereign immunity

for the amount of the grant is mandatory.

Were three bids obtained? If not, why not?

N/A

Was any other vendor willing to remove sovereign immunity issues?

N/A

What is the cost of going to another vendor?

N/A

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Native American Agriculture Fund Limited Waiver of Tribal Immunity

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

The Oneida Nation has a vested interest in the development of Oneida youth; and

WHEREAS,

The Oneida Nation supports the education of Oneida youth on topics related to future

agricultural careers; and

WHEREAS,

The Native American Agriculture funded has awarded the Oneida Nation a grant in the

amount of $44,170.00 to be administered by the OCIFS Coordinator William VerVoort;

and

WHEREAS,

A limited waiver of sovereign immunity in the amount of $44,170.00 is required by the

Native American Agriculture Fund the funder of this project; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee will support and allow the

signing of said limited waiver of Tribal immunity by the Oneida Tribal Chairman.

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Oneida Nation

Oneida Business Committee

PO Box 365 ● Oneida, WI 541550365

oneida-nsn.gov

September 15, 2020

Addendum to Native American Agriculture Fund Grant beginning November 1, 2020

Limited Waiver of Sovereign Immunity (DRAFT)

The Oneida Nation hereby expressly, unequivocally and irrevocably provides a limited waiver of

immunity from suit in any court of competent jurisdiction to enforce or seek relief of any term or

provision of the Grant Agreement executed by and between the Native American Agriculture

Fund and the Oneida Nation.

This waiver of immunity includes, any action for monetary damages, injunctive relief or

declaratory relief, or attorneys’ fees.

The Oneida Nation agrees that it will not raise sovereign immunity as a defense in any judicial

action brought in any venue by the Native American Agriculture Fund to enforce or seek relief of

any Grant Agreement term or provision entered into by and between the parties.

This limited waiver of sovereign immunity is required under the terms of the Trust Agreement

that binds and controls the conduct of business of the Native American Agriculture Fund and is

limited to the amount of the grant funding being provided to the Oneida Nation and is limited to

the duration of the grant project being funded by the Native American Agriculture Fund.

In witness whereof, the Native American Agriculture Fund and the Oneida Nation have

caused this agreement to be duly executed as of the date of the approval by the Oneida Business

Committee in accordance with the Nation’s Sovereign Immunity Law, section 112.6-2(b), by

motion on September __, 2020 at its regular meeting.

Additionally, the Oneida Nation warrants that this agreement is executed by the Chairman, who

is duly authorized to execute and bind the Oneida Nation here who has affixed his signature

signifying assent to their agreement and has affixed his signature hereto, as of the date and year

referenced below.

_________________________________________

Tribal Chairman Tehassi Hill

________________________

Date

A good mind. A good heart. A strong fire.

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Enter the e-poll results into the record regarding adopted resolution # BC-08-25-20-A Emergency...

Business Committee Agenda Request

1. Meeting Date Requested:

09/23/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☐ Minutes

☐ Fiscal Impact Statement ☐ Report

☒ Other: e-poll results and back up

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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Lisa A. Liggins

From:

Sent:

To:

Cc:

Subject:

Attachments:

Importance:

TribalSecretary

Wednesday, August 26, 2020 3:43 PM

TribalSecretary; Brandon L. Yellowbird-Stevens; Daniel P. Guzman; David P. Jordan;

Ernest L. Stevens; Jennifer A. Webster; Kirby W. Metoxen; Lisa M. Summers; Patricia

M. King; Tehassi Tasi Hill

BC_Agenda_Requests; Danelle A. Wilson; Simone A. Ninham; Clorissa N. Santiago

E-POLL RESULTS: Adopt resolution entitled Emergency Amendments to the Oneida

Higher Education Pandemic Relief Fund Law

BCAR Adopt resolution entitled Emergency Amendments to the Oneida Higher

Education Pandemic Relief Fund Law.pdf

High

E‐POLL RESULTS

The e‐poll to adopt resolution entitled Emergency Amendments to the Oneida Higher Education

Pandemic Relief Fund Law, has been carried. As of the deadline, below are the results:

Support: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa

Summers, Jennifer Webster

The finalized resolution associated with this e‐poll has been posted to the website on this page.

Lisa Liggins

Senior Information Management Specialist

Business Committee Support Office (BCSO)

P.O. Box 365

Oneida, WI 54155-0365

oneida-nsn.gov

From: TribalSecretary <TribalSecretary@oneidanation.org>

Sent: Monday, August 24, 2020 2:50 PM

To: Brandon L. Yellowbird‐Stevens <bstevens@oneidanation.org>; Daniel P. Guzman

<dguzman@oneidanation.org>; David P. Jordan <djordan1@oneidanation.org>; Ernest L. Stevens

<esteven4@oneidanation.org>; Jennifer A. Webster <JWEBSTE1@oneidanation.org>; Kirby W. Metoxen

<KMETOX@oneidanation.org>; Lisa M. Summers <lsummer2@oneidanation.org>; Patricia M. King

<tking@oneidanation.org>; Tehassi Tasi Hill <thill7@oneidanation.org>

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Cc: TribalSecretary <TribalSecretary@oneidanation.org>; Danelle A. Wilson

<dwilson1@oneidanation.org>; Simone A. Ninham <sninham2@oneidanation.org>

Subject: E‐POLL REQUEST: Adopt resolution entitled Emergency Amendments to the Oneida Higher

Education Pandemic Relief Fund Law

Importance: High

E‐POLL REQUEST

Summary:

Emergency amendments to the Oneida Higher Education Pandemic Relief Fund Law are being sought to

clarify the intent of the Law and ensure proper effectuation of the Law. The emergency amendments to

the Law will: add a definition for “accredited” [10 O.C. 1003.3‐1(a)]; revise the definition for “higher

education institution” so it is clarified that the higher education institution must be accredited [10 O.C.

1003.3‐1(e)]; include transportation costs in the definition for “room and board” [10 O.C. 1003.3‐1(i)];

and clarify that all student expenses shall be paid directly to the student, whom shall be responsible for

maintaining and submitting receipts or other proof of expenditures by December 15, 2020. [10 O.C.

1003.4‐2(c)].

Justification for E‐Poll: Timely approval is needed in order to roll out the program associated with this

law.

Requested Action:

Adopt resolution entitled Emergency Amendments to the Oneida Higher Education Pandemic Relief

Fund Law

Deadline for response:

Responses are due no later than 4:30 p.m., TUESDAY, August 25, 2020.

Voting:

1. Use the voting button above, if available; OR

2. Reply with “Support” or “Oppose”.

Lisa Liggins

Senior Information Management Specialist

Business Committee Support Office (BCSO)

P.O. Box 365

Oneida, WI 54155-0365

oneida-nsn.gov

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution entitled Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund

Law

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Packet

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:

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

August 24, 2020

Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund

Law

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

amendments to the Oneida Higher Education Pandemic Relief Fund law:

1. Resolution: Emergency Amendments to the Oneida Higher Education Pandemic Relief

Fund Law

2. Statement of Effect: Emergency Amendments to the Oneida Higher Education Pandemic

Relief Fund Law

3. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments Legislative

Analysis

4. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Redline)

5. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Clean)

Overview

The Oneida Higher Education Pandemic Relief Fund law (the “Law”) was adopted by the Oneida

Business Committee on an emergency basis through resolution BC-08-12-20-E to create the

Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members enrolled as

students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.1-1]. The Oneida

Higher Education Pandemic Relief Fund law:

 Provides the guidelines and requirements for use of the Oneida Higher Education Pandemic

Relief Fund [10 O.C. 1003.4];

 Describes the presumption of need and the General Test to be used to determine General

Welfare Exclusion [10 O.C. 1003.5];

 Provides that the Nation allocate funds to the Oneida Higher Education Pandemic Relief

Fund only from monies it received pursuant to the Coronavirus Relief Funds (CRF), and

that this program is dependent on availability of funding from the CRF. [10 O.C. 1003.6].

Emergency amendments to the Law are being sought to clarify the intent of the Law and ensure

proper effectuation of the Law. The emergency amendments to the Law will:

 Add a definition for “accredited” [10 O.C. 1003.3-1(a)];

 Revise the definition for “higher education institution” so it is clarified that the higher

education institution must be accredited [10 O.C. 1003.3-1(e)];

 Include transportation costs in the definition for “room and board” [10 O.C. 1003.3-1(i)];

and

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Clarify that all student expenses shall be paid directly to the student, whom shall be

responsible for maintaining and submitting receipts or other proof of expenditures by

December 15, 2020. [10 O.C. 1003.4-2(c)].

In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with

the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a

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

Health State of Emergency for the Nation until April 12, 2020, and provided 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. [3 O.C. 302.8-1]. This

declaration of a Public Health State of Emergency was extended by the Oneida Business

Committee until September 11, 2020, through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, and BC-08-06-20-A.

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

Home” declaration which prohibited all public gatherings of any number of people and ordered 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, a “Safer at Home Declaration, Amendment, Open for Business”

declaration was issued which directed that individuals within the Oneida Reservation should

continue to stay at home, businesses could re-open under certain safer business practices, and

social distancing should be practiced by all persons. The COVID-19 Core Decision Making Team

most recently issued a “Stay Safer at Home” declaration on June 10, 2020, which lessened the

restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still

providing guidance and some restrictions.

On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-C titled, “Tier

V Budget Contingency Declared for Remainder of Fiscal Year 2020.” This resolution adopted Tier

V budget reductions from the Budget Contingency Plan in accordance with the Budget

Management and Control law, which included five percent (5%) mandatory budget cuts across the

Nation and reduction of all funding to essential services only. The Oneida Business Committee

also adopted resolution BC-04-08-20-G titled, “Reducing the General Tribal Council Higher

Education Scholarship Payments for FY2020 and FY2021.” This resolution provided that the

General Tribal Council Higher Education Scholarship shall be reduced to five thousand dollars

($5,000) per year.

The Oneida Business Committee is delegated the authority to temporarily enact emergency

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 amendments to a law of the

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

The adoption of emergency amendments to this Law is necessary for the preservation of the

general welfare of the Reservation population. The emergency amendments to the Law are

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necessary to clarify the intent of the Law and ensure proper effectuation of the law. The Oneida

Higher Education Pandemic Relief Fund was created to assist eligible Tribal members enrolled as

students in higher education institutions with funding from the Coronavirus Aid, Relief, and

Economic Security (CARES) Act Coronavirus Relief Funds (CRF) in order to meet the higher

education needs of its students during the COVID-19 Public Health Emergency. The emergency

amendments to the Law shall ensure that the Oneida Higher Education Pandemic Relief Fund is

utilized for students at accredited higher education institutions, and better meets the needs of

students of the Nation by including transportation costs, and clarifying that all student expenses,

not just room and board and classroom requirements, shall be paid directly to the student, whom

shall be responsible for maintaining and submitting receipts or other proof of expenditures by

December 15, 2020.

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

adoption of the amendments to this Law would be contrary to public interest. The 2020 Fall Term

for many higher education institutions begins in a couple weeks and the process and requirements

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

Education Pandemic Relief Fund law can be amended to best meet the needs of students during

the 2020 Fall Term.

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

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

opportunity to extend the emergency amendments to this Law for an additional six (6) month

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

Requested Action

Approve the Resolution: Emergency Amendments to the Oneida Higher Education Pandemic

Relief Fund Law

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee adopted the Oneida Higher Education Pandemic Relief

Fund law (“the Law’) on an emergency basis through the adoption of resolution BC-08-1220-E; and

WHEREAS,

the purpose of the Law is to create the Oneida Higher Education Pandemic Relief Fund to

assist eligible Tribal members enrolled as students in higher education institutions with

funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus

Relief Funds (CRF) in order to meet the higher education needs of its students during the

COVID-19 Public Health Emergency; 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 September 11, 2020, through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, and BC-08-06-20-A; and

WHEREAS,

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

at Home” declaration which prohibited all public gatherings of any number of people and

ordered all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

the COVID-19 Core Decision Making Team has issued subsequent declarations modifying

the “Safer at Home” declaration including the April 21, 2020 “Updated Safer at Home”

declaration, the May 19, 2020, “Safer at Home Declaration, Amendment, Open for

Business” declaration, and the June 10, 2020, “Stay Safer at Home” declaration; and

WHEREAS,

on April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-C titled,

“Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020” which adopted

Tier V budget reductions from the Budget Contingency Plan in accordance with the Budget

Management and Control law, and included five percent (5%) mandatory budget cuts

across the Nation and reduction of all funding to essential services only; and

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BC Resolution _____________

Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

Page 2 of 2

WHEREAS,

the Oneida Business Committee also adopted resolution BC-04-08-20-G titled, “Reducing

the General Tribal Council Higher Education Scholarship Payments for FY2020 and

FY2021” which provided that the General Tribal Council Higher Education Scholarship be

reduced to five thousand dollars ($5,000) per year; and

WHEREAS,

emergency amendments to the Law are being proposed to clarify the intent of the Law and

ensure proper effectuation of the Law; and

WHEREAS,

the emergency amendments to the Law add a definition for the term “accredited;” and

WHEREAS,

the emergency amendments to the Law revise the definition for “higher education

institution” so it is clarified that the higher education institution must be accredited; and

WHEREAS,

the emergency amendments to the Law include transportation costs in the definition for

“room and board;” and

WHEREAS,

the emergency amendments to the Law clarify that all student expenses, not just room and

board and classroom requirements, shall be paid directly to the student, whom shall be

responsible for maintaining and submitting receipts or other proof of expenditures by

December 15, 2020; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to amend

legislation on an emergency basis when the 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; and

WHEREAS,

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

welfare of the Reservation population as the emergency amendments ensure that the

Oneida Higher Education Pandemic Relief Fund is utilized for students at accredited higher

education institutions, and ensure that the Law better meets the needs of students of the

Nation by including transportation costs, and clarifying that all student expenses, not just

room and board and classroom requirements, shall be paid directly to the student, whom

shall be responsible for maintaining and submitting receipts or other proof of expenditures

by December 15, 2020; and

WHEREAS,

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

amendments to this Law would be contrary to public interest since the 2020 Fall Term for

many higher education institutions begins in a couple weeks and the process and

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

the Oneida Higher Education Pandemic Relief Fund can best meet the needs of eligible

students during the 2020 Fall Term; and

WHEREAS,

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

when considering the adoption of emergency amendments; and

WHEREAS,

the emergency amendments are effective for a period of six (6) months, renewable by the

Oneida Business Committee for an additional six (6) month term; and

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

amendments to the Oneida Higher Education Pandemic Relief Fund law effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

Summary

This resolution adopts emergency amendments to the Oneida Higher Education Pandemic Relief

Fund law to clarify the intent of the Law and ensure proper effectuation of the Law.

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

Date: August 24, 2020

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Oneida Higher Education Pandemic Relief

Fund law (“the Law”). The purpose of the Law is to create the Oneida Higher Education Pandemic

Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions

for the 2020 Fall Term. [10 O.C. 1003.1-1]. Emergency amendments to the Law are being sought

to clarify the intent of the Law and ensure proper effectuation of the Law. The emergency

amendments to the Oneida Higher Education Pandemic Relief Fund law shall:

 Add a definition for “accredited” [10 O.C. 1003.3-1(a)];

 Revise the definition for “higher education institution” so it is clarified that the higher

education institution must be accredited [10 O.C. 1003.3-1(e)];

 Include transportation costs in the definition for “room and board” [10 O.C. 1003.3-1(i)];

and

 Clarify that all student expenses shall be paid directly to the student, whom shall be

responsible for maintaining and submitting receipts or other proof of expenditures by

December 15, 2020. [10 O.C. 1003.4-2(c)].

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 to adopt

amendments to a Law of the Nation where it is necessary for the immediate preservation of the

public health, safety or general welfare of the reservation population and when 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)].

In response to the COVID-19 pandemic, on March 12, 2020, Chairman Tehassi Hill signed a

“Declaration of Public Health State of Emergency” regarding COVID-19. [3 O.C. 302.8-1]. This

declaration of a Public Health State of Emergency set into place the necessary authority should

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

actions that may result in unexpected expenses. This declaration of a Public Health State of

Emergency was extended by the Oneida Business Committee until September 11, 2020, through

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the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A,

and BC-08-06-20-A.

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

Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health

emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the

Nation’s laws, policies, procedures, regulations, or standard operating procedures during the

emergency period which will be of immediate impact for the purposes of protecting the health,

safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency.

[3 O.C. 302.10-3].

On March 24, 2020, the Nation’s COVID-19 Team issued a “Safer at Home” declaration which

prohibited all public gatherings of any number of people and ordered 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 Team issued an “Updated Safer at Home” declaration

which allowed for gaming and golf operations to resume. Then on May 19, 2020, a “Safer at Home

Declaration, Amendment, Open for Business” declaration was issued which directed that

individuals within the Oneida Reservation should continue to stay at home, businesses could reopen under certain safer business practices, and social distancing should be practiced by all

persons. The COVID-19 Team most recently issued a “Stay Safer at Home” declaration on June

10, 2020, which lessened the restrictions of the “Safer at Home Declaration, Amendment, Open

for Business” while still providing guidance and some restrictions.

On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-C titled, “Tier

V Budget Contingency Declared for Remainder of Fiscal Year 2020.” This resolution adopted Tier

V budget reductions from the Budget Contingency Plan in accordance with the Budget

Management and Control law, which included five percent (5%) mandatory budget cuts across the

Nation and reduction of all funding to essential services only. The Oneida Business Committee

also adopted resolution BC-04-08-20-G titled, “Reducing the General Tribal Council Higher

Education Scholarship Payments for FY2020 and FY2021.” This resolution provided that the

General Tribal Council Higher Education Scholarship be reduced to five thousand dollars ($5,000)

per year.

The resolution provides that the adoption of emergency amendments to this Law is necessary for

the preservation of the general welfare of the Reservation population. The emergency amendments

to the Law are necessary to clarify the intent of the Law and ensure proper effectuation of the Law.

The Oneida Higher Education Pandemic Relief Fund was created to assist eligible Tribal members

enrolled as students in higher education institutions with funding from the Coronavirus Aid, Relief,

and Economic Security (CARES) Act Coronavirus Relief Funds (CRF) in order to meet the higher

education needs of its students during the COVID-19 Public Health Emergency. The emergency

amendments to the Law shall ensure that the Oneida Higher Education Pandemic Relief Fund is

utilized for students at accredited higher education institutions, and better meets the needs of

students of the Nation by including transportation costs, and clarifying that all student expenses,

not just room and board and classroom requirements, shall be paid directly to the student, whom

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shall be responsible for maintaining and submitting receipts or other proof of expenditures by

December 15, 2020.

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

adoption of the amendments to this Law would be contrary to public interest. The 2020 Fall Term

for many higher education institutions begins in a couple weeks and the process and requirements

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

Education Pandemic Relief Fund law can be amended to best meet the needs of students during

the 2020 Fall Term.

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

Oneida Business Committee and remain in effect for six (6) months. The LPA allows for one (1)

opportunity to extend the emergency amendments to this Law for an additional six (6) month

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

Conclusion

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

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Analysis to Emergency Draft 1

2020 08 24

EMERGENCY AMENDMENTS TO THE

ONEIDA HIGHER EDUCATION

PANDEMIC RELIEF FUND LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed

Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Expiration of

Emergency

Amendments

Analysis by the Legislative Reference Office

 Add a definition for “accredited” [10 O.C. 1003.3-1(a)];

 Revise the definition for “higher education institution” so it is clarified that the

higher education institution must be accredited [10 O.C. 1003.3-1(e)];

 Include transportation costs in the definition for “room and board” [10 O.C.

1003.3-1(i)]; and

 Clarify that all student expenses shall be paid directly to the student, whom shall

be responsible for maintaining and submitting receipts or other proof of

expenditures by December 15, 2020. [10 O.C. 1003.4-2(c)].

Create the Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal

members enrolled as students in higher education institutions for the 2020 Fall Term.

[10 O.C. 1003.1-1].

Oneida Business Committee, Oneida Higher Education Department, Oneida

Accounting Department, Oneida Economic Services

A public meeting is not required for emergency amendments [1 O.C. 109.8-1(b)

and 109.9-5(a)].

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

109.9-5(a)].

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

for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Higher Education Pandemic Relief Fund law (“the Law”) was adopted by

the Oneida Business Committee on an emergency basis through resolution BC-08-12-20-E for the

purpose of creating the Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal

members enrolled as students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.11].

 Request for Emergency Amendments. Emergency amendments to the Law are being sought to

clarify the intent of the Law and ensure proper effectuation of the Law.

B. COVID-19 Pandemic. The world is currently facing a pandemic of the coronavirus disease 2019

(COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other

countries throughout the world, including the United States. The COVID-19 pandemic has resulted in

high rates of infection and mortality, as well as vast economic impacts including effects on the stock

market and the closing of all non-essential businesses.

 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

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Analysis to Emergency Draft 1

2020 08 24

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 September 11, 2020,

by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,

BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A.

Additional Action taken by the Nation in Response to COVID-19.

 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”). [3 O.C. 302.10].

 When a public health emergency has been declared, the COVID-19 Team has the

authority to declare exceptions to the Nation’s laws, policies, procedures,

regulations, or standard operating procedures during the emergency period which

will be of immediate impact for the purposes of protecting the health, safety, and

general welfare of the Nation’s community, members, and employees. [3 O.C.

302.10-2].

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

Emergency. [3 O.C. 302.10-3].

 On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-C

titled, “Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020,” which

required a great reduction in expenses as a result of zero gaming revenues supporting

governmental functions and included initial and on-going layoffs.

 The Oneida Business Committee also adopted resolution BC-04-08-20-G titled, “Reducing

the General Tribal Council Higher Education Scholarship Payments for FY2020 and

FY2021.” This resolution provided that the General Tribal Council Higher Education

Scholarship be reduced to five thousand dollars ($5,000) per year.

COVID-19 Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Team issued a “Safer at Home” declaration

which prohibited all public gatherings of any number of people and ordered 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 Team issued an “Updated Safer at Home” declaration

which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Team issued a “Safer at Home Declaration, Amendment,

Open for Business” which directed that individuals within the Oneida Reservation should

continue to stay at home, businesses could 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.

SECTION 3. CONSULTATION AND OUTREACH

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

emergency amendments to this Law and legislative analysis:

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

Oneida Law Office.

100

101

102

103

SECTION 4. PROCESS

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

temporarily enact emergency legislation where legislation is necessary for the immediate preservation

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

amendment of the legislation is required sooner than would be possible under the Legislative

Procedures Act. [1 O.C. 109.9-5].

 Emergency adoption of this Law is being pursued for the preservation of the general welfare of the

Reservation population. The emergency amendments to the Law are necessary to clarify the intent

of the Law and ensure proper effectuation of the law. The Oneida Higher Education Pandemic

Relief Fund was created to assist eligible Tribal members enrolled as students in higher education

institutions with funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act

Coronavirus Relief Funds (CRF) in order to meet the higher education needs of its students during

the COVID-19 Public Health Emergency. The emergency amendments to the Law shall ensure that

the Oneida Higher Education Pandemic Relief Fund is utilized for students at accredited higher

education institutions, and ensures that the Fund better meets the needs of students of the Nation

by including transportation costs, and clarifying that all student expenses, not just room and board

and classroom requirements, shall be paid directly to the student, whom shall be responsible for

maintaining and submitting receipts or other proof of expenditures by December 15, 2020.

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

emergency amendments to this Law would be contrary to public interest. The 2020 Fall Term for

many higher education institutions begins in a couple weeks and the process and requirements of

the Legislative Procedures Act cannot be completed in time to ensure that the Oneida Higher

Education Pandemic Relief Fund can best meet the needs of eligible students during the 2020 Fall

Term.

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

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

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

considering the adoption of emergency amendments. [1 O.C. 109.9-5(a)]. However, a public meeting

and fiscal impact statement will eventually be required when considering permanent adoption of the

emergency amendments to this Law.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Definition for Accredited. The proposed emergency amendments to the Law provide a definition for

the term “accredited.” The term “accredited” is defined as qualified and approved by a United States

Department of Education recognized accrediting body, state-approved accrediting body, or recognized

through a professional affiliation. [10 O.C. 1003.3-1(a)].

 Effect. The proposed definition for “accredited” provides clarification as to what this term means

to the reader.

B. Definition for Higher Education Institution. The proposed emergency amendments to the Law revise

the definition for “higher education institution.” A “higher education institution” is defined through the

emergency amendments to the Law as an accredited university, college, vocational college, community

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college, liberal arts college, postgraduate school, institute of technology or other collegiate level

institution. [10 O.C. 1003.3-1(e)]. Previously, the term “higher education institution” was defined as

universities, colleges, vocational colleges, community colleges, liberal arts colleges, postgraduate

schools, institutes of technology, and other collegiate level institutions, such as vocational schools,

trade schools and career colleges, that award academic degrees or professional certifications.

 Effect. The definition for “higher education institution” was revised to clarify that the higher

education institutions must be accredited.

C. Definition for Room and Board. The emergency amendments to the Law revise the definition for

“room and board.” The emergency amendments to the Law define “room and board” as on or off

campus housing, transportation, and food requirements adjusted to meet the unique lodging and food

provision requirements or governmental mandates during the Public Health Emergency. [10 O.C.

1003.3-1(i)]. Previously, the term “room and board” was defined as on or off campus housing and food

requirements adjusted to meet the unique lodging and food provision requirements or governmental

mandates during the Public Health Emergency.

 Effect. The definition for “room and board” was revised to include transportation costs. The

amendment of this definition to include transportation costs will help better meet the needs of the

Nation’s students.

D. Guidelines and Requirements. The emergency amendments to the Law provide that student expenses,

such as room and board and other expenses, shall be paid directly to the student, whom shall be

responsible for maintaining and submitting receipts or other proof of expenditures by December 15,

2020. [10 O.C. 1003.4-2(c)]. Previously, the Law provided that room and board and classroom

requirements shall be paid directly to the student, whom shall be responsible for maintaining and

submitting receipts or other proof of expenditures by December 15, 2020.

 Effect. The emergency amendments to the Law provide more clarification on the fact that all

student expenses, including but not limited to room and board and classroom requirements, shall

be paid directly to the student, whom shall be responsible for maintaining and submitting receipts

or other proof of expenditures by December 15, 2020.

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SECTION 6. EXISTING LEGISLATION

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

 Oneida General Welfare Law. The Oneida General Welfare law was adopted by the Oneida

Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose

of providing assistance, on a non-taxable basis, to eligible Tribal members through approved

programs that promote the general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. The

Oneida General Welfare law sets a framework and provides guidelines for the Nation to

establish and operate approved programs which provide assistance to eligible Tribal members

to promote the general welfare of the Nation, including programs designed to enhance the

promotion of health, education, self-sufficiency, self-determination, and the maintenance of

culture and tradition, entrepreneurship, and employment. [10 O.C. 1001.9-2].

 The Oneida General Welfare law sets forth the framework and guidelines for the

Oneida Higher Education Pandemic Relief Fund to be created and operated under.

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

the Oneida General Welfare law.

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

Trust Scholarship Fund Policy. The Trust Scholarship Fund Policy was adopted by the Oneida

Business Committee for the purpose of establishing a trust resource for providing financial aid

scholarships to assist eligible enrolled Oneida Tribal members in securing higher educational

opportunities based on established criteria. [9 O.C. 901.1-1].

 This Law provides that the Oneida Higher Education Pandemic Relief Fund is a unique

program not associated with the Oneida Trust Scholarship Fund and this law does not

amend or override the Trust Scholarship Fund Policy. [10 O.C. 1003.1-5].

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

amendments 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 amendments are 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 amendments do 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 amendments. The emergency amendments

becomes effective immediately upon its approval by the Oneida Business

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

 Emergency amendments 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

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

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

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month period.

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 Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of the emergency amendments to this Law on a permanent basis within the next six (6) to

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twelve (12) months.

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

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 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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1003.1. Purpose and Policy

1003.2. Adoption, Amendment, Repeal

1003.3. Definitions

1003.4. Guidelines and Requirements

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Title 10. General Welfare Exclusion - Chapter 1003

ONEIDA HIGHER EDUCATION PANDEMIC RELIEF FUND

1003.5. Presumption of Need; General Test for General Welfare

Exclusion

1003.6. Budget

1003.1. Purpose and Policy

1003.1-1. Purpose. The purpose of this law is to create the Oneida Higher Education Pandemic

Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions

for the 2020 Fall Term.

1003.1-2. The Oneida Higher Education Pandemic Relief Fund shall assist students to meet the

needs created by the Public Health Emergency which caused grants, scholarships, and loans to be

forsaken by the granting institutions or banks during the novel coronavirus pandemic, and personal

and family funds redirected to other needs during the ongoing Public Health Emergency, including

medical expenses and losses due to unemployment within the family.

1003.1-3. Policy. It is the policy of the Nation to prioritize the education of its members young

and old. The Nation provides a path and a platform for its Tribal members to excel in their

education from Head Start through college and post-graduate studies. The Nation’s future business

and government leaders, caregivers, nourishers, managers, thought leaders, and teachers shall be

better prepared to lead and navigate the local challenges in a global economy when they participate

in the academics and accreditation that permits access to areas our Nation requires to remain viable

and vital over the next seven generations.

1003.1-4. The Oneida Higher Education Pandemic Relief Fund shall be funded only through

monies allocated to the Nation pursuant to the Coronavirus Aid, Relief, and Economic Security

(CARES) Act Coronavirus Relief Funds (CRF), codified at Section 601(d) of the Social Security

Act, for the purpose of addressing their higher education needs created by the Public Health

Emergency in the wake of the COVID-19 pandemic.

1003.1-5. The Oneida Higher Education Pandemic Relief Fund is a unique program not associated

with the Oneida Trust Scholarship Fund and this law does not amend or override the Trust

Scholarship Fund Policy at 9 O.C. 901 et seq.

1003.1-6. The Oneida Business Committee intends the Oneida Higher Education Pandemic Relief

Fund to adhere to the mandates of the Oneida General Welfare law, 10 O.C. 1001, the Tribal

General Welfare Exclusion Act codified at 26 U.S.C. §139E, I.R.S Rev. Proc. 2014-35, the general

criterial defined therein at 5.01(1), and the Safe Harbor – Education Programs listed and defined

therein at 5.01(2)(b), and CRF.

1003.2. Adoption, Amendment, Repeal

1003.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-08-12-20-E., and emergency amended by BC-__-__-__-__.

1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

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

1003.2-3. 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.

1003.2-4. 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.

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1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1003.3. Definitions

1003.3-1. 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(a) “Accredited” means qualified and approved by a United States Department of

Education recognized accrediting body, state-approved accrediting body, or recognized

through a professional affiliation.

(b) “Benefits” means any approved program assistance, including payments, which is

provided pursuant to this law.

(bc) "Classroom requirement" means books, subscriptions, access to internet-based

programs, or any items required by the higher education institution, professor, or teacher

of the course in which the student is enrolled.

(cd) “General Test” means the criteria used to determine if any assistance or benefits

provided through an approved program to a recipient shall be treated as a General Welfare

Exclusion. The criteria of the General Test include the following:

(1) Paid on behalf of the Nation;

(2) Pursuant to an approved program;

(3) Does not discriminate in favor of members of the governing body of the Nation;

(4) Are available to any Tribal member who meets the guidelines of the approved

program;

(5) Are for the promotion of general welfare;

(6) Are not lavish or extravagant;

(7) Are not compensation for services; and

(8) Are not per capita payments.

(de) "Higher education institution" means universities, collegesan accredited university,

college, vocational collegescollege, community collegescollege, liberal arts

collegescollege, postgraduate schools, institutesschool, institute of technology andor other

collegiate level institutions, such as vocational schools, trade schools and career colleges,

that award academic degrees or professional certificationsinstitution.

(ef) “Higher Education Pandemic Relief Counselor” means the person hired and assigned

by the Oneida Higher Education Division to assist Oneida Economic Support Services in

the review and processing of the Oneida Higher Education Pandemic Relief Fund.

(fg) “Nation” means the Oneida Nation.

(gh) “Public Health Emergency” means the economic, governmental, and medical crises

caused by COVID-19 and the novel coronavirus pandemic.

(hi) “Room and board” means on or off campus housing, transportation, and food

requirements adjusted to meet the unique lodging and food provision requirements or

governmental mandates during the Public Health Emergency.

(ij) “Student” means a Tribal member, age eighteen (18) and older, enrolled in a higher

education institution during the operative period of this law.

(jk)

“Technology requirements” means computers, internet access fees, VPN

subscriptions, computer-based or cloud-based subscriptions required to function within a

contemporary academic setting such as Office 365, Adobe-based programs, other required

licenses, and electric or telecommunications costs.

(kl) “Tuition” means the price or payment for instruction at a higher education institution.

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(lm) "Tribal member" means an individual who is an enrolled member of the Nation.

1003.4. Guidelines and Requirements

1003.4-1. The Oneida Higher Education Pandemic Relief Fund is established to meet the higher

education needs of its students during the COVID-19 Public Health Emergency.

1003.4-2. The Oneida Higher Education Pandemic Relief Fund shall provide students:

(a) Up to twenty thousand dollars ($20,000) towards tuition, room and board, technology

requirements, and classroom requirements assistance.

(b) Tuition shall be paid directly to the higher education institution upon submission of an

invoice for tuition created by the higher education institution.

expenses, shall be paid directly to the student, whom shall be responsible for maintaining

and submitting receipts or other proof of expenditures by December 15, 2020.

(d) All funds shall be requested pursuant to the Oneida Higher Education Pandemic Relief

Fund standard operating procedure.

(e) Laptop computers may be supplied to the student upon a written request by the student

to the Nation’s Higher Education Pandemic Relief Counselor and in accordance with the

Nation’s interpretation of CRF and any applicable standard operating procedure.

1003.4-3. Oneida Higher Education Department shall oversee distribution of the Oneida Higher

Education Pandemic Relief Fund in accordance with this law, CRF, and the Nation’s interpretation

thereof. The Oneida Higher Education Department shall hire the Higher Education Pandemic

Relief Counselor whom shall be assigned to work in the office of Oneida Economic Support

Services. Oneida Higher Education shall be responsible for the maintenance of records along with

the Oneida Accounting Department.

1003.4-4. Maintenance of Records.

(a) Nation. The Nation requires students to submit tuition invoices, leases, room and board

expenses, and any other proof of expenses or receipts to substantiate the request for

payments from the Oneida Higher Education Pandemic Relief Fund by December 15,

2020. The Nation shall maintain these records for the required period of time by the

CARES Act, CRF, and Internal Revenue Service mandates.

(b) Student. The student shall maintain accurate records of the above listed items for

review by the Internal Revenue Service upon request.

1003.5. Presumption of Need; General Test for General Welfare Exclusion

1003.5-1. I.R.S. Rev. Proc. 2014-35, section 5.02(2)(B) lists education programs that assist tribal

members with tuition, housing, room and board, technology requirements and laptop computers

as a Safe Harbor program for which need is presumed.

1003.5-2. The Oneida Higher Education Pandemic Relief Fund meets the requirements of the

General Test as defined in the Oneida General Welfare law, 10 O.C. 1001; General Criteria as

defined in I.R.S. Rev. Proc. 2014-35, section 5.01(1); and the requirements of the Tribal General

Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b).

(a) The benefits are provided to the students pursuant to this law, as approved by the

Oneida Business Committee, and in accordance with Oneida General Welfare law.

(b) The Oneida Higher Education Pandemic Relief Fund has guidelines specifying how

Students qualify for the benefit in section 1003.4 of this law.

10 O.C. 1003 – Page 3

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