# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A253ce7f78143e424 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 150 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 on the Nation's website at: https://oneida-nsn.gov/government/businesscommittee/recordings/ If you have comments regarding open session items, please submit them to TribalSecretary@oneidanation.org no later than close of business the day prior to a Business Committee meeting. Comments will be noticed to the Business Committee. I. CALL TO ORDER II. OPENING A. Special recognition for years of service Sponsor: Geraldine Danforth, Area Manager/Human Resources III. ADOPT THE AGENDA IV. OATH OF OFFICE A. Oneida Gaming Commission - Reynold "Tommy" Danforth Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 6 September 23, 2020 Public Packet V. VI. 2 of 150 RESOLUTIONS A. Adopt resolution entitled Setting Supervision and Management of Direct Reports to the Oneida Business Committee Sponsor: Lisa Liggins, Secretary B. Rescind resolution # BC-01-23-93 regarding the Oneida Headstart and Early Headstart Programs Sponsor: Debbie Thundercloud, General Manager C. Adopt resolution entitled Extension of the Emergency Amendments to the General Tribal Council Meeting Stipend Payment Policy Sponsor: David P. Jordan, Councilman D. Adopt resolution entitled Modifying the Oneida Business Committee Regular Meeting Schedule Sponsor: Lisa Liggins, Secretary E. Adopt resolution entitled Native American Agriculture Fund Limited Waiver of Tribal Immunity – file # 2020-0637 Sponsor: Debbie Thundercloud, General Manager F. 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 A. VII. FINANCE COMMITTEE 1. Accept the August 31, 2020, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer 2. Accept the September 14, 2020, regular Finance Committee meeting minutes Sponsor: Tina Danforth, Treasurer NEW BUSINESS A. CIP # 18-010 Food Distribution Store Concept - Approve the Capital Improvement Process (CIP) package Sponsor: Debbie Thundercloud, General Manager B. Review revisions to the Pandemic Pay SOP Sponsor: Geraldine Danforth, Area Manager/Human Resources C. Post one (1) vacancy - Oneida Trust Enrollment Committee Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 2 of 6 September 23, 2020 Public Packet 3 of 150 D. 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 A. STANDING COMMITTEES 1. IX. Accept the Finance Committee FY-2020 3rd quarter report Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. REPORTS 1. B. C. Accept the Chief Counsel Report Sponsor: Jo Anne House, Chief Counsel AUDIT COMMITTEE 1. Approve the RSM US LLP contract in accordance with resolution # BC-04-2507-C - file # 2020-0611 Sponsor: David P. Jordan, Councilman 2. Approve a limited waiver of sovereign immunity - RSM US LLP agreement file # 2020-0238 Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. 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 2. Approve the U.S. Dept. of Interior-Multi Year Funding Agreement Amendment #7 - file # 2020-0634 Sponsor: Jennifer Webster, Councilwoman 3. Review the posting request and determine next steps - Gaming (10:45 a.m.) Sponsor: Louise Cornelius, Gaming General Manager 4. 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 Page 3 of 6 September 23, 2020 Public Packet 4 of 150 5. Review the posting request and determine next steps - Oneida Business Committee (11:15 a.m.) Sponsor: Lisa Liggins, Secretary 6. Review the recall request and determine next steps - Oneida Family Fitness (11:30 a.m.) Sponsor: Debbie Thundercloud, General Manager 7. Review the recall request and determine next steps - Arts Program (11:45 p.m.) Sponsor: Debbie Thundercloud, General Manager 8. Review the recall request and determine next steps - Human Resources (1:45 p.m.) Sponsor: Geraldine Danforth, Area Manager/Human Resources 9. 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 Page 4 of 6 September 23, 2020 Public Packet 5 of 150 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 Page 5 of 6 September 23, 2020 Public Packet X. 6 of 150 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 7 of 150 Public Packet 8 of 150 9/18/2020 Public Packet 9 of 150 Years of Service Recognition 35 Years of Service Years of Service Recognition Connie Vandenberg August 26, 2020, Regular Business Committee Meeting 1 4 Years of Service Recognition Years of Service Recognition 35 Years of Service 30 Years of Service Diana King Cheryl R. Stevens 2 5 Years of Service Recognition 3 Years of Service Recognition 35 Years of Service 30 Years of Service Tony D. Smith Judith A. Skenandore 6 1 9/18/2020 Public Packet 10 of 150 Years of Service Recognition Years of Service Recognition 25 Years of Service 25 Years of Service Tina Pospychala Jennifer J. Schabow 7 10 Years of Service Recognition Years of Service Recognition 30 Years of Service 25 Years of Service Erwin R. Danforth Cheryl A. Skenandore 8 11 Years of Service Recognition 9 Years of Service Recognition 30 Years of Service 25 Years of Service Charles E. John MaryJo Nash 12 2 9/18/2020 Public Packet 11 of 150 Years of Service Recognition Years of Service Recognition 25 Years of Service 25 Years of Service Timothy A. Moreau Jessalyn M. Harvath 13 16 Years of Service Recognition Years of Service Recognition 25 Years of Service 25 Years of Service Cynthia E. Couture Florence M. John 14 17 Years of Service Recognition 15 Years of Service Recognition 25 Years of Service 25 Years of Service Carol A. Bauman Elizabeth Schwantes 18 3 9/18/2020 Public Packet 12 of 150 Years of Service Recognition Years of Service Recognition 25 Years of Service 25 Years of Service Paul D. Niec Juliana M. Eckberg 19 22 Years of Service Recognition Years of Service Recognition 25 Years of Service 25 Years of Service Paula M. Fish Kurt G. Jordan 20 23 Years of Service Recognition 21 Years of Service Recognition 25 Years of Service 25 Years of Service Patricia A. Campbell Maria E. Danforth 24 4 9/18/2020 Public Packet 13 of 150 Years of Service Recognition Yawлʔkóꞏ 25 Years of Service Karen P. Cornelius 25 28 Years of Service Recognition 25 Years of Service Kent S. Brunette 26 Years of Service Recognition 25 Years of Service Paul W. Hofmann 27 5 Public Packet 14 of 150 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 Public Packet 15 of 150 Oneida Business Committee Agenda Request Adopt resolution entitled Setting Supervision and Management of Direct Reports to the Oneida Business.. 1. Meeting Date Requested: 9 / 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 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Lisa Liggins, Secretary Primary Requestor/Submitter: Jessica Vandekamp, Employee Relations Representative Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 16 of 150 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 Public Packet 17 of 150 Oneida Nation     Post Office Box 365        Phone: (920)869-2214 Oneida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¶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efinition of OversightDQG  12: 7+(5()25( %( ,7 5(62/9(' WKDW WKLV UHVROXWLRQ VKDOO VXSHUVHGH DOO SULRU PRWLRQV DQG UHVROXWLRQVLQFRQIOLFWZLWKWKHGLUHFWLYHVVHWIRUWKLQWKLVUHVROXWLRQ   Public Packet 18 of 150 %&5HVROXWLRQ$ 6HWWLQJ6XSHUYLVLRQDQG0DQDJHPHQWRI'LUHFW5HSRUWVWRWKH2QHLGD%XVLQHVV&RPPLWWHH 3DJHRI  %( ,7 )857+(5 5(62/9(' WKDW IRU SXUSRVHV RI WKLV UHVROXWLRQ ³GLUHFW UHSRUWV´ DUH GHILQHG DV WKH IROORZLQJSRVLWLRQVZLWKLQWKH1DWLRQ  &KLHI&RXQVHOMREGHVFULSWLRQ *HQHUDO0DQDJHUMREGHVFULSWLRQ *DPLQJ*HQHUDO0DQDJHUMREGHVFULSWLRQ 5HWDLO*HQHUDO0DQDJHUMREGHVFULSWLRQ %XVLQHVV&RPSOLDQFH$QDO\VWMREGHVFULSWLRQ ,QWHUJRYHUQPHQWDO$IIDLUVDQG&RPPXQLFDWLRQV'LUHFWRUMREGHVFULSWLRQ (PHUJHQF\0DQDJHPHQW'LUHFWRUMREGHVFULSWLRQ $UHD0DQDJHU+XPDQ5HVRXUFHV'HSDUWPHQWLYLVLRQMREGHVFULSWLRQ 6WUDWHJLF3ODQQHUMREGHVFULSWLRQ 3URMHFW0DQDJHUMREGHVFULSWLRQ 3URMHFW&RRUGLQDWRUMREGHVFULSWLRQ %XGJHW$QDO\VWMREGHVFULSWLRQ ([HFXWLYH$VVLVWDQWMREGHVFULSWLRQ (PSOR\HH5HODWLRQVMREGHVFULSWLRQ  %(,7)857+(55(62/9('WKDWWKH2QHLGD%XVLQHVV&RPPLWWHHGHOHJDWHVWRWKHRIILFHUV &KDLU9LFH &KDLU7UHDVXUHU6HFUHWDU\DQG/HJLVODWLYH2SHUDWLQJ&RPPLWWHH&KDLU WKHDXWKRULW\DQGUHVSRQVLELOLW\RI DGPLQLVWUDWLYHVXSHUYLVLRQRIGLUHFWUHSRUWV  $GPLQLVWUDWLYH VXSHUYLVLRQ VKDOO EH GHILQHG DV PDWWHUV LQYROYLQJ WKH LQGLYLGXDO SHUVRQQHO UHTXHVWV VXFK DV XVH RI SHUVRQDO RU YDFDWLRQ WLPH SHUIRUPDQFH WUDFNLQJ DQG DFFRXQWLQJ UHODWHGVLJQRIIDFWLYLWLHV  $GPLQLVWUDWLYHVXSHUYLVLRQUHTXHVWVVKDOOEHURXWHGWKURXJKWKH7ULEDO6HFUHWDU\ V2IILFHZKLFK VKDOOEHUHVSRQVLEOHIRUORJJLQJLQUHTXHVWVDQGGRFXPHQWLQJWKHUHVXOWVRIWKHRIILFHUGHFLVLRQV  %(,7)857+(55(62/9('WKDWWKH2QHLGD%XVLQHVV&RPPLWWHHGHOHJDWHVWRWKHRIILFHUV &KDLU9LFH &KDLU7UHDVXUHU6HFUHWDU\DQG/HJLVODWLYH2SHUDWLQJ&RPPLWWHH&KDLU WKHDXWKRULW\DQGUHVSRQVLELOLW\RI SURYLGLQJGLUHFWLRQWRGLUHFWUHSRUWVUHJDUGLQJRUJDQL]DWLRQDODFWLYLWLHV'LUHFWLRQUHJDUGLQJRUJDQL]DWLRQDO DFWLYLWLHV VKDOO EH GHILQHG DV SURYLGLQJ DGYLFH DQG RSLQLRQ UHJDUGLQJ WKH SROLF\ GHFLVLRQV PDGH E\ WKH 2QHLGD%XVLQHVV&RPPLWWHHDQGVKDOOH[FOXGHWKHDXWKRULW\WRGLUHFWVSHFLILFDFWLRQ  %(,7)857+(55(62/9('WKDWWKH2QHLGD%XVLQHVV&RPPLWWHHGHOHJDWLRQWRWKHRIILFHUV &KDLU9LFH &KDLU7UHDVXUHU6HFUHWDU\DQG/HJLVODWLYH2SHUDWLQJ&RPPLWWHH&KDLU LQFOXGHVWKHH[SHFWDWLRQWKDWWKH RIILFHUVZLOODFWE\PDMRULW\YRWHDQGLQDOOFDVHVWRDWWHPSWFRQVHQVXVGHFLVLRQPDNLQJDVDJUHHGWRIURP WKHLQLWLDOVWUDWHJLFSODQQLQJDFWLYLWLHV  %(,7)857+(55(62/9('WKDWWKH2QHLGD%XVLQHVV&RPPLWWHHGLUHFWVWKH6HFUHWDU\WRIRUZDUGWKLV UHVROXWLRQWRWKH+XPDQ5HVRXUFHV'HSDUWPHQWWRLGHQWLI\WKHQHFHVVDU\DPHQGPHQWVWRWKHDGPLQLVWUDWLYH SURFHVVHVDQGSURFHGXUHVWRIXOO\LPSOHPHQWWKLVUHVROXWLRQLQDWLPHO\PDQQHU    Public Packet 19 of 150 %&5HVROXWLRQ$ 6HWWLQJ6XSHUYLVLRQDQG0DQDJHPHQWRI'LUHFW5HSRUWVWRWKH2QHLGD%XVLQHVV&RPPLWWHH 3DJHRI  %(,7),1$// Sent: Monday, August 24, 2020 2:50 PM To: 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 1 Public Packet 72 of 150 Cc: TribalSecretary ; Danelle A. Wilson ; Simone A. Ninham 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 2 Public Packet 73 of 150 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 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, Councilmember Primary Requestor/Submitter: Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 74 of 150 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 Page 1 of 3 Public Packet  75 of 150 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 Page 2 of 3 Public Packet 76 of 150 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 Page 3 of 3 Public Packet Oneida Nation 77 of 150 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the 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 Public Packet 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 78 of 150 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. Public Packet 79 of 150 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 Page 1 of 3 Public Packet 80 of 150 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 Page 2 of 3 Public Packet 81 of 150 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. Page 3 of 3 Public Packet 82 of 150 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 Page 1 of 6 Public Packet 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60   83 of 150 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: Page 2 of 6 Public Packet 61 84 of 150 Analysis to Emergency Draft 1 2020 08 24  Oneida Law Office. 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 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 Page 3 of 6 Public Packet 85 of 150 Analysis to Emergency Draft 1 2020 08 24 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 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. 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 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. Page 4 of 6 Public Packet 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 86 of 150 Analysis to Emergency Draft 1 2020 08 24   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 Page 5 of 6 Public Packet 87 of 150 Analysis to Emergency Draft 1 2020 08 24 190 A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire 191 six (6) months after adoption. The emergency amendments may be renewed for an additional six (6) 192 month period. 193  Conclusion: The Legislative Operating Committee will need to consider the development and 194 adoption of the emergency amendments to this Law on a permanent basis within the next six (6) to 195 twelve (12) months. 196 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 197  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 198 emergency legislation [1 O.C. 109.6-1]. 199 Page 6 of 6 Public Packet 1003.1. Purpose and Policy 1003.2. Adoption, Amendment, Repeal 1003.3. Definitions 1003.4. Guidelines and Requirements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 88 of 150 Draft 1 for OBC Emergency Consideration (Redline to Current) 2020 08 24 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. 10 O.C. 1003 – Page 1 Public Packet 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 89 of 150 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. 10 O.C. 1003 – Page 2 Public Packet 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 90 of 150 (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. (c) RoomStudent expenses, such as room and board and classroom requirementsother 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. (c) The program is available to any student as defined in Section 1003.3-1(i) of this law. 10 O.C. 1003 – Page 3 Public Packet 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 91 of 150 (d) The distribution of benefits does not discriminate in favor of members of the governing body of the Nation, are not compensation, and are not lavish or extravagant under the facts and circumstances of the Public Health Emergency. 1003.6. Budget 1003.6-1. The Nation shall allocate funds to the Oneida Higher Education Pandemic Relief Fund only from monies it received pursuant to the CRF. This program is dependent on availability of funding from the CRF. End. Emergency Adopted - BC-08-12-20-E Emergency Adopted – BC-__-__-__-__ 10 O.C. 1003 – Page 4 Public Packet 1003.1. Purpose and Policy 1003.2. Adoption, Amendment, Repeal 1003.3. Definitions 1003.4. Guidelines and Requirements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 92 of 150 Draft 1 for OBC Emergency Consideration 2020 08 24 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. 10 O.C. 1003 – Page 1 Public Packet 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 93 of 150 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) “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. (c) "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. (d) “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. (e) "Higher education institution" means an accredited university, college, vocational college, community college, liberal arts college, postgraduate school, institute of technology or other collegiate level institution. (f) “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. (g) “Nation” means the Oneida Nation. (h) “Public Health Emergency” means the economic, governmental, and medical crises caused by COVID-19 and the novel coronavirus pandemic. (i) “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. (j) “Student” means a Tribal member, age eighteen (18) and older, enrolled in a higher education institution during the operative period of this law. (k) “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. (l) “Tuition” means the price or payment for instruction at a higher education institution. (m) "Tribal member" means an individual who is an enrolled member of the Nation. 10 O.C. 1003 – Page 2 Public Packet 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 94 of 150 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. (c) 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. (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. (c) The program is available to any student as defined in Section 1003.3-1(i) of this law. (d) The distribution of benefits does not discriminate in favor of members of the governing body of the Nation, are not compensation, and are not lavish or extravagant under the facts 10 O.C. 1003 – Page 3 Public Packet 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 95 of 150 and circumstances of the Public Health Emergency. 1003.6. Budget 1003.6-1. The Nation shall allocate funds to the Oneida Higher Education Pandemic Relief Fund only from monies it received pursuant to the CRF. This program is dependent on availability of funding from the CRF. End. Emergency Adopted - BC-08-12-20-E Emergency Adopted – BC-__-__-__-__ 10 O.C. 1003 – Page 4 Public Packet Accept the August 31, 2020, regular Finance Committee meeting minutes 96 of 150 Public Packet 97 of 150 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Support /Contact DT: Sept. 1, 2020 RE: E-Poll Results - FC Meeting Minutes of August 31, 2020 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of Aug. 31, 2020. The E-Poll and minutes were sent out yesterday and the E-Poll was concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: T here was a Maj orit y of 3 F C members v o t ing t o ap pr ove t he A ug. 31, 20 20 F inance Commit t ee Meet i ng M inut es . F C Members v ot ing inc lud ed : Dan iel G uzman King, Jenn if er W ebst e r, and Pat ric k St enslof f . Larry Bart on abst ai ned as he Cha ire d t he meet in g. These Finance Committee Minutes of Aug. 31, 2020 will be placed on the next Finance Committee agenda to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a month for BC acceptance. E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC SOP’s on Electronic Voting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Public Packet 98 of 150 FINANCE COMMITTEE FC REG ULAR MEETING August 31, 2020 ▪ Time: 9:00 A.M Via Microsoft Teams REGULAR MEETING MINUTES FC MEMBERS PRESENT (Via Teams): Larry Barton, CFO/FC Vice-Chair Daniel Guzman King, BC Council Member Jennifer Webster, BC Council Member Patrick Stensloff, Purchasing Director FC MEMBERS ABSENT: Cristina Danforth, Treasurer/FC Chair and Chad Fuss, Gaming AGM; GGM Alt. OTHERS PRESENT (Via Teams): Jason Doxtator; Eric Mc Lester; Jeff Carlson, Eric Boulanger, Tina Jacobsen, Carol Moore; Sharon Mousseau and Linda Jenkins I. CALL TO ORDER: The FC Regular Meeting was called to order by the FC Vice Chair at 8:57 A.M. II. APPROVAL OF AGENDA: AUGUST 31, 2020 Motion by Jennifer Webster to approve the Aug. 31, 2020 FC Meeting Agenda with three ADD ON requests under New Business. Seconded by Daniel Guzman King. Motion carried unanimously. III. APPROVAL OF MINUTES: AUGUST 17, 2020 (Approved via E-Poll on 08/18/20): Motion by Jennifer Webster to ratify the FC E-Poll action taken on Aug. 18, 2020 approving the Aug. 17, 2020 Finance Committee Meeting Minutes. Seconded by Daniel Guzman King. Motion carried unanimously. IV. TABLED BUSINESS: None V. CAPITAL EXPENDITURES: 1. FY20 CapEx Purchase – CDW-G Jason Doxtator, MIS Amount: $130,393.05 Jason explained this is to replace Gaming computer services that are reaching the end of their life cycle; already approved to replace earlier this year, but the pandemic forced plans to be placed on hold. Motion by Jennifer Webster to approve the Capital Expenditure purchase with CDW-G in the amount of $130,393.05. Seconded by Daniel Guzman King. Motion carried unanimously. Page 1 of 5 Finance Committee Meeting Minutes of Aug. 31, 2020 Public Packet VI. 99 of 150 NEW BUSINESS: 1. FY20/21 Blkt PO – Centricity/GE Healthcare Debra Danforth, Comp Health Division Amount: $$208,832.56 Motion by Jennifer Webster to approve the FY20/21 Blanket Purchase Order with Centricity for maintenance of software at the Oneida Health Center. Seconded by Daniel Guzman King. Motion carried unanimously. 2. FY21 Blkt PO – Clive & Owens Michelle Doxtator, Retail Enterprise Amount: $60,000,000. Eric Mc Lester explained this, and the following four requests are FY21 Blanket Purchase Order requests for convenience items, dairy and fuel costs for the Oneida Stops. Motion by Daniel Guzman King to approve the FY21 Blanket Purchase Order with Clive and Owens in the amount of $60,000,000.00. Seconded by Jennifer Webster. Motion carried unanimously. 3. FY21 Blkt PO – US Ventures Michelle Doxtator, Retail Enterprise Amount: $16,000,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with US Ventures in the amount of $16,000,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 4. FY21 Blkt PO – Title Town Michelle Doxtator, Retail Enterprise Amount: $6,000,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Title Town in the amount of $6,000,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 5. FY21 Blkt PO – WP Beverages LLC Michelle Doxtator, Retail Enterprise Amount: $550,000. Motion by Daniel Guzman King to approve the FY21 Blanket Purchase Order with WP Beverages LLC in the amount of $550,000.00. Seconded by Jennifer Webster. Motion carried unanimously. 6. FY21 Blkt PO – Deans Distributing Michelle Doxtator, Retail Enterprise Amount: $400,000. Motion by Daniel Guzman King to approve the FY21 Blanket Purchase Order with Deans Distributing in the amount of $400,000.00. Seconded by Jennifer Webster. Motion carried unanimously. 7. FY20 Blkt PO Increase– General Services Admin-Vehicle Leases Amount: $14,640. Eric Boulanger, Oneida Police Dept. Eric Boulanger explained this is for unforeseen mileage and vehicle maintenance costs for FY20 and that the next request for FY21 includes a one percent increase that will cover the whole year; this is a budgeted expense. Page 2 of 5 Finance Committee Meeting Minutes of Aug. 31, 2020 Public Packet 100 of 150 Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order increase with General Services Administration to cover vehicle lease fees for the remainder of FY20 in the amount of $14,640.00. Seconded by Daniel Guzman King. Motion carried unanimously. 8. FY21 Blkt PO – General Services Admin-Vehicle Leases Amount: $180,790. Eric Boulanger, Oneida Police Dept. Motion by Daniel Guzman King to approve the FY21 Blanket Purchase Order with General Services Administration for vehicle lease fees in the amount of $180,790.00. Seconded by Jennifer Webster. Motion carried unanimously. 9. FY20 PO Increase – Apricity Amount: $200,000. Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division Jeff Carlson explained these two increase requests are additional expenses to cover inpatient expenses this year, in part due to the pandemic; this is for behavioral health. Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order increase with Apricity to cover the remainder of FY20 in the amount of $200,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 10. FY20 PO Increase- Mash-Ka-Wisen Amount: $25,000. Dr. Ravi Vir & Debra Danforth, Comprehensive Health Division Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order increase with Mash-Ka-Wisen to cover the remainder of FY20 in the amount of $25,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 11. FY21 Warehouse Lease Payment Marilyn King, Oneida Food Distribution Amount: $51,000. Tina Jacobsen explained this is for the yearly warehouse lease payment from a 25-year lease agreement; the FC asked if this could be covered from the Covid funds, Tina will check. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order for the Food Warehouse Lease in the amount of $51,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 12. FY21 Blkt PO – Atlas Bus Inc.-Vehicle Replacements Carol Moore, Oneida Public Transit Amount: $102,000. Carol Moore explained this is for anticipated vehicle replacements with higher mileage; funding is budgeted from tribal contribution and State funds. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Atlas Bus Inc for vehicle replacements in the amount of $102,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. Page 3 of 5 Finance Committee Meeting Minutes of Aug. 31, 2020 Public Packet 101 of 150 13. Fuel Equipment Repair (line transfer) Michelle Doxtator, Retail Enterprise Eric Mc Lester explained per his 8/21/20 memo Retail is requesting several line transfers, mainly from the branding dollars to repair 30 year old fuel lines at the E& EE One Stop and to add diesel fuel to bring in added revenue; this facility was slated to be moved across the road, but that was not cost efficient and funds can be better spend in tank replacement, a new canopy and maintenance costs; there is no additional costs, just line transfers of existing dollars. Motion by Jennifer Webster to approve the transfer of funds mainly from the branding dollars as outlined in the 8/21/20 memo to cover the costs of the fuel tank replacements, a canopy, and maintenance at the E&EE site. Seconded by Daniel Guzman King. Motion carried unanimously. 14. ADD ON: FY21 Blkt PO – Reinhart Food Service Sharon Mousseau, ONES Amount: $250,000. Sharon Mousseau explained they also obtain food from the various tribal sources such as the farm and this request is funded through DPI food grant funding and for Lamers it is funded by BIE dollars; $304,652. and the remainder from tribal contribution. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Reinhart Food Service in the amount of $250,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 15. ADD ON: FY21 Blkt PO – Lamers Bus, Inc. Sharon Mousseau, ONES Amount: $420,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Lamers Bus, Inc in the amount of $420,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. 16. ADD ON: FY21 Blkt PO – Graphic Composition Ron Wurth, Gaming Promotions Amount: $625,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Graphic Composition in the amount of $625,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. VII. EXECUTIVE SESSION: None VIII. FOLLOW UP: None IX. FOR INFORMATION ONLY: 1. Gov’t to Gov’t Agreement – Brown County Paula King Dessart, BC Support Office Motion by Jennifer Webster to accept this and the following Government to Government agreement payment(s) as FYI. Seconded by Daniel Guzman King. Motion carried unanimously. Page 4 of 5 Finance Committee Meeting Minutes of Aug. 31, 2020 Public Packet 102 of 150 2. Gov’t to Gov’t Revised Agmt. – Town of Oneida Paula King Dessart, BC Support Office - See Motion in FYI #1. X. ADJOURN: Motion by Jennifer Webster to adjourn. Seconded by Daniel Guzman King. Motion carried unanimously. Time: 9:20 A.M. Minutes submitted by: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee Approval Date of Minutes via E-Poll: September 1, 2020 Page 5 of 5 Finance Committee Meeting Minutes of Aug. 31, 2020 Public Packet Accept the September 14, 2020, regular Finance Committee meeting minutes 103 of 150 Public Packet 104 of 150 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Support /Contact DT: September 16, 2020 RE: E-Poll Results - FC Meeting Minutes of September 14, 2020 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of Sept. 14, 2020. The E-Poll and minutes were sent out and concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: T here wa s a Maj ori t y of 4 F C m em bers v oti ng t o approv e t he Sept . 14, 2020 F i nance Com mi t t ee Meet i ng Mi nut es. F C Mem bers v ot i ng i ncl uded: Dani el G uzm an Ki ng, Pat ri ck St ensl of f , Jennif er W eb st er and Cri st i na Danf ort h. Larry Bart on ab st ai ne d a s he Ch ai red t he m eet i ng. These Finance Committee Minutes of Sept. 14, 2020 will be placed on the next Finance Committee agenda to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a month for Council acceptance. E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC SOP’s on Electronic Voting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Public Packet 105 of 150 FINANCE COMMITTEE FC REG ULAR MEETING September 14, 2020 ▪ Time: 9:00 A.M Via Microsoft Teams REGULAR MEETING MINUTES FC MEMBERS PRESENT (Via Teams): Larry Barton, CFO/FC Vice-Chair Daniel Guzman King, BC Council Member Patrick Stensloff, Purchasing Director Jennifer Webster, BC Council Member Chad Fuss, Gaming AGM; GGM Alt. FC MEMBERS ABSENT: Cristina Danforth, Treasurer/FC Chair OTHERS PRESENT (Via Teams): Bridget John, Jason Doxtator, Loucinda Conway, Mary Wasurick, and Don De Champs I. CALL TO ORDER: The FC Regular Meeting was called to order by the FC Vice Chair at 9:02 A.M. II. APPROVAL OF AGENDA: SEPTEMBER 14, 2020 Motion by Jennifer Webster to approve the Sept. 14, 2020 FC Meeting Agenda with Four Add-On’s. Seconded by Chad Fuss. Motion carried unanimously. III. APPROVAL OF MINUTES: AUGUST 31, 2020 (Approved via E-Poll on 09/01/20): Motion by Daniel Guzman King to ratify the FC E-Poll action taken on Sept. 1, 2020 approving the Aug. 31, 2020 Finance Committee Meeting Minutes with one correction. Seconded by Jennifer Webster. Motion carried unanimously. IV. TABLED BUSINESS: None V. CAPITAL EXPENDITURES: None VI. NEW BUSINESS: 1. FY21 Blkt PO – Virgen, Inc (Yr. 3 Pymt.) Mary Wasurick, Gaming Advertising Amount: $100,200. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Virgen, Inc for the year three payment of the contract in the amount of $100,200.00. Seconded by Patrick Stensloff. Motion carried unanimously. 2. FY21 Blkt PO – RSM US LLP Loucinda Conway, Internal Audit THIS ITEM MOVED TO EXECUTIVE SESSION. Page 1 of 4 Finance Committee Meeting Minutes of Sept. 14, 2020 Public Packet 3. FY21 Blkt PO – Crawford/Broadspire Robert Keck, Risk Management Amount: $55,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Crawford/Broadspire in the amount of $55,000.00. Seconded by Patrick Stensloff. Motion carried unanimously. 4. FY21 Blkt PO – Crawford/Broadspire Robert Keck, Risk Management Amount: $300,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Crawford/Broadspire in the amount of $300,000.00. Seconded by Chad Fuss. Motion carried unanimously. 5. FY21 Blkt PO – VDH Nursing Robert Keck, Risk Management Amount: $70,104. Motion by Chad Fuss to approve the FY21 Blanket Purchase Order with VDH Nursing in the amount of $70,104.00. Seconded by Jennifer Webster. Motion carried unanimously. 6. FY21 Blkt PO – Hudson Insurance Robert Keck, Risk Management Amount: $100,000. Motion by Patrick Stensloff to approve the FY21 Blanket Purchase Order with Hudson Insurance in the amount of $100,000.00. Seconded by Jennifer Webster. Motion carried unanimously. 7. FY21 Blkt PO – EM Power, LLC Robert Keck, Risk Management Amount: $74,052. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with EM Power, LLC in the amount of $74,052.00. Seconded by Patrick Stensloff. Motion carried unanimously. 8. FY21 Blkt PO – St. Vincent Hospital Robert Keck, Risk Management Amount: $300,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with St. Vincent Hospital in the amount of $300,000.00. Seconded by Chad Fuss. Motion carried unanimously. 9. FY21 Blkt PO – Bellin Memorial Hospital Robert Keck, Risk Management Amount: $220,500. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Bellin Memorial Hospital in the amount of $220,500.00. Seconded by Chad Fuss. Motion carried unanimously. 10. A/P Check Request – DWD UID (Claims Month-Aug.) Ra Linda Ninham-Lamberies, Finance Administration Amount: $1,174,970.47 Motion by Jennifer Webster to approve the A/P Check Request to pay the DWD UID claims for August in the amount of $1,174,970.47. Seconded by Patrick Stensloff. Motion carried unanimously. Page 2 of 4 Finance Committee Meeting Minutes of Sept. 14, 2020 106 of 150 Public Packet 107 of 150 11. ADD: FY21 Blkt PO – RedSail Technologies Jason Doxtator, MIS Amount: $63,112.20 Motion by Chad Fuss to approve the FY21 Blanket Purchase Order with RedSail Technologies in the amount of $ 63,112.20. Seconded by Patrick Stensloff. Motion carried unanimously. 12. ADD: FY21 Blkt PO – Scientific Games Jason Doxtator, MIS Amount: $820,000. Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with Scientific Games in the amount of $820,000.00. Seconded by Patrick Stensloff. Motion carried unanimously. 13. ADD: FY20 Blkt PO Increase – Advanced Disposal Svs. Bridget John, Oneida Utilities Amount: $105,039. Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order increase with Advanced Disposal Services in the amount of $105,039. Seconded by Patrick Stensloff. Motion carried unanimously. VII. EXECUTIVE SESSION: Motion by Jennifer Webster to go into Executive Session. Seconded by Patrick Stensloff Motion carried unanimously. Time: 9:34 A.M. Motion by Jennifer Webster to come out of Executive Session. Seconded by Patrick Stensloff. Motion carried unanimously. Time: 9:39 A.M. 1. FY21 Blkt PO – RSM US LLP Loucinda Conway, Internal Audit Motion by Jennifer Webster to approve the FY21 Blanket Purchase Order with RSM US LLC in the amount as requested. Seconded by Patrick Stensloff. Motion carried unanimously. VIII. ADMINISTRATIVE /INTERNAL 1. FC 3rd Quarter Report to the BC Motion by Patrick Stensloff to approve Finance Committee’s Third Quarter Report to the Business Committee. Seconded by Jennifer Webster. Motion carried unanimously. 2. Donation – FY20 Final Report Motion by Patrick Stensloff to approve the Finance Committee’s Donations FY20 Final Report. Seconded by Jennifer Webster. Motion carried unanimously. 3. Community Fund – FY20 Final Report Motion by Patrick Stensloff to approve the Finance Committee’s Community Fund FY20 Final Report. Seconded by Jennifer Webster. Motion carried unanimously. Page 3 of 4 Finance Committee Meeting Minutes of Sept. 14, 2020 Public Packet 108 of 150 4. FY21 Finance Committee DRAFT Schedule Motion by Patrick Stensloff to approve Finance Committee’s FY21 meeting schedule. Seconded by Jennifer Webster. Motion carried unanimously. 5. ADD: Process Memo from Finance Motion by Jennifer Webster to approve process memo from Finance and the Treasurer to the organization. Seconded by Patrick Stensloff. Motion carried unanimously. IX. FOLLOW UP: None X. FOR INFORMATION ONLY: None XI. ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Jennifer Webster. Motion carried unanimously. Time: 9:43 A.M. Minutes submitted by: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee Approval Date of Minutes via E-Poll: September 16, 2020 Page 4 of 4 Finance Committee Meeting Minutes of Sept. 14, 2020 Public Packet 109 of 150 CIP # 18-010 Food Distribution Store Concept - Approve the Capital Improvement Process (CIP) package / / Public Packet 110 of 150 Food Distribution Store Concept CIP #18-010 CIP PACKAGE April 15, 2019 Public Packet 111 of 150 CIP #18-010 Project Client: Food Distribution Project Team: Marilyn King Department Manager – Food Distribution Tsyoshaaht Delgado Area Manager - Social Services Leonard Stevens Supervisor – Warehouse Food Distribution Dave Bischoff Purchasing FF & E – Purchasing Dept. Ray Olson Energy Controls Manager - DPW Ronald Melchert Project Planner - Planning Dept. Dan W. Skenandore Project Manager - Engineering Dept. Paul J. Witek Engineering Director/Senior Architect Engineering Dept. G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx -2- Public Packet 112 of 150 CIP #18-010 Table of Contents PROJECT EXECUTIVE SUMMARY ................................................................................................ 5 I. Needs Assessment and Project Justification ............................................................................. 7 II. Business Plan ........................................................................................................................... 7 III. Management Plan .................................................................................................................... 7 IV. Facility Concept and Space Requirements ........................................................................... 8 V. Site Selection Criteria ............................................................................................................. 9 VI. Environmental ......................................................................................................................... 9 VII. Budget Estimate....................................................................................................................... 9 VIII. Financial Plan ........................................................................................................................ 10 IX. Communication Plan............................................................................................................. 10 X. Project time line ..................................................................................................................... 11 XI. Appendix ................................................................................................................................ 11 A. None. ....................................................................................................................................... 11 G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx -3- Public Packet 113 of 150 CIP #18-010 PROJECT EXECUTIVE SUMMARY Project Title: Food Distribution Store Concept Project Description: The project entails the conversion of the food distribution and food pick up area, associated with Food Distribution Services, to reflect a conventional grocery store layout and check out area. (see page 7 of CIP Package) Management/Business Plan: The program’s management structure would not change as a result of this project. The Food Distribution is a tribal service entity not structured to accumulate profits; therefore, a Business Plan is not applicable for this project per the Capital Improvement Process. (see page 7 of CIP Package) Site Selection: The current site is the Food Distribution Facility located in the Oneida Business Park. No change of site is needed. Project Budget Estimate: (also see page 8 of CIP Package) Soft & Misc. Costs: $29,600 Construction: $83,800 Furniture, Fixtures & Equipment (FFE): $76,000 Contingency: 12% Total (rounded): 25% Match (CIP Funds): $22,700 $212,000 $53,000 Financial Plan: Project funds will be requested in the FY2020 CIP budget. 75% of the funding for this project will be secured from the USDA United States Department of Agriculture (USDA) Special Nutrition Programs. There is a 25% matching funding requirement. (see page 10 of CIP Package) Communication Plan: The standard process will be used for communicating the project status to the community. (see page 10 of CIP Package) G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx -5- Public Packet I. 114 of 150 CIP #18-010 Needs Assessment and Project Justification A. Introduction: The method of food selection, pick up and check out would be converted to a conventional grocery store layout thereby providing clients an enhancement of choice of produce and quantity needed within their allocation. The delivery method would be more user-friendly allowing clients to make individual choices from standard store shelving, coolers and refrigeration units. Clients would be able to stroll down the aisles to select items much like shopping for grocery items in a conventional store rather than be given a box or bag of food that is selected for them based on their qualified need. The checkout lanes would be like a conventional cashier checkout lane to record food items picked up. The system provides clients with choice, the ability to make decisions for themselves, and a heightened value of self in utilizing a client friendly system. B. Present Facilities: Currently clients are provided with a selection of grocery items for which they are eligible to receive in one bulk quantity. Clients wait at the counter while staff packages the items. All the items for which the clients are eligible to receive are given at this one time. C. Problem: The existing layout configuration does meet the functional needs of the program. Current layout and shelving are not conducive to product storage, display, and handling of items. The current layout does not allow clients the ease of access and freedom in selection of eligible items from individual food group categories. II. Business Plan A. The Food Distribution is a tribal service entity not structured to accumulate profits; therefore, a Business Plan is not applicable for this project per the Capital Improvement Process. III. Management Plan A. Management - The program’s management structure would not change as a result of this project. G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx -7- Public Packet 115 of 150 CIP #18-010 B. Organizational Chart: Cultural Heritage Area Manager Executive Assistant Education & Training Area Manager Warehouse Supervisor Goverment Services Director Social Services Area Manager Food Distribution Manager Client Registration Specialist/Supervisor Warehouse Worker (2), (1) Vacancy Warehouse Assistant (1) Administrative I Assistant Parks & Recreation Area Manager Public Transit Manager C. Staffing, Requestor: Initially, current staffing will not change as a result of this project. D. Staffing, Service Departments: The tribal service departments that are impacted by this project include the following. Their need for additional staffing due to this project is noted: 1. 2. 3. 4. IV. DPW – Facilities - no additional positions needed. DPW - Grounds Keeping - no additional positions needed. Custodial - no additional positions needed. MIS - no additional positions needed. Facility Concept and Space Requirements A. The current warehouse will be modified to a store layout that occurs over an area of approximately 7,740 square feet. The layout will be modified to create pick up and check out experience like a conventional grocery store layout thereby providing clients an enhancement of choice of produce and quantity needed within their allocation. The checkout lanes would be like a conventional cashier checkout lane to record food items picked up. B. Consistent with the Oneida Design Standards, it is our intention to utilize sustainable design principals on this project. Meaning, we will design, construct, and operate the building to minimize negative impacts to the natural environment and health, while optimizing long-term costs. C. The spaces to be modified included: Food aisles with shelving, cooler areas, and product check out areas. G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx -8- Public Packet V. 116 of 150 CIP #18-010 Site Selection Criteria A. The building is located at N7360 Water Circle Place, Oneida, WI. The project remodels the existing building within its exterior walls, a change in site location is not necessary. VI. Environmental A. An Environmental Assessment will not be required, as the project is an interior remodeling. VII. Budget Estimate G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx -9- Public Packet 117 of 150 CIP #18-010 VIII. Financial Plan A. Tribal Financing: - It is proposed to fund the project’s 25% grant match through the tribal CIP Budget. The Finance Department will determine the best means to finance the overall CIP budget. B. The Project Team has been researching possible grant opportunities for the project and has identified the following potentials: 1. 75% of the funding for this project will be secured from the United States Department of Agriculture (USDA) Special Nutrition Programs. There is a 25% matching fund requirement. 2. The 25% matching fund requirement could possibly be an in-kind service if the Nation were to perform any of the improvement work. Potential opportunities include demolition work, construction of counter area, providing new electrical work, and plumbing as required. Any self-performed work credits would be removed from the CIP Funds allocated, excess CIP Funds would be returned per the Budget law. IX. Communication Plan A. Information included in a communication plan for this project will include: 1. CIP project number 2. Project title 3. Project Manager (including: phone, fax numbers and e-mail address) 4. Project phase (identify process followed: CIP, etc.) 5. % of Phase completed 6. Brief description of the project scope 7. Project budget amount 8. Project schedule (identify if community meeting will be held) B. The Project Information will be communicated to the community and staff as follows: 1. Weekly status reports - Monday 8:30 AM at LBDC conference room (Project Manager) 2. Quarterly reports Tribal publications including: Kalihwisaks (Engineering Director/Senior Architect) 3. Quarterly reports on Oneida website and on Oneida Intranet (Engineering Director/Senior Architect) 4. dedication ceremonies scheduled with the events coordinator (Project Manager / Business Unit Manager) G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx - 10 - Public Packet X. Project time line XI. Appendix 118 of 150 CIP #18-010 A. None. G:\ENG\Projects\18-010 Food Distr\CIP\CIP Package - Food Dist - FINAL - 19_0415.docx - 11 - Public Packet 119 of 150 PROJECT BUDGET ESTIMATE PROJECT NAME: PROJECT No.: DATE: Food Distribution Store Concept 18-010 April 3, 2019 SOFT and MISCELLANEOUS COSTS Engineering Dept. Fees 14,000 Architect / Engineer Fees & Reimbursables 15,100 Soil Borings, Testing and Surveys 400 Agency Review and Approval Fees 100 Insurance - Builders Risk covered by property insurance Historical/Cultural/Archaeological Review 0 Sub-total: CONSTRUCTION Site Work & Landscape Building Remodel 29,600 0 69,000 Sub-total: Oneida Preference Amount Sustainable Design Premium Inflation Factor: 1 years 7% 4% per year 69,000 6,710 4,830 3,222 Sub-total: FIXTURES, FURNISHINGS AND EQUIPMENT Division 10 - Specialties Division 11 - Equipment Division 12 - Furnishings Division 27 - Communications Division 28 - Electronic Safety & Security TOTAL: Contingency: Finance Costs: 83,800 5,000 69,000 0 2,000 0 Sub-total: 76,000 12.0% 0.0% 189,400 22,700 0 ESTIMATED TOTAL PROJECT BUDGET: $ 212,000 Grant 75%: Required 25% Match (CIP Funds): $159,000 $53,000 G:\ENG\Projects\18-010 Food Distr\Budget Estimates\Project Budget Estimate Oneida Nation ENGINEERING DEPARTMENT Public Packet 120 of 150 Public Packet United States Department of Agriculture Food and Nutrition Service 121 of 150 Tehassi Hill, Chairman Oneida Nation P.O. Box 365 Oneida, Wisconsin 54155 February 18, 2020 Dear Mr. Hill: Midwest Region 77 W. Jackson Blvd. 20th Floor Chicago, IL 60604-3511 This letter is in response to your supplemental funding request of $212,000 for the Oneida Nation Food Distribution Program on Indian Reservations (FDPIR) Fiscal Year (FY) 2020 administrative budget. The Oneida Nation Food Distribution program is approved for $212,000 in supplemental administrative funding for re-modeling labor costs, fixtures, and related equipment associated with the program’s transition to the store-concept model. Based on the approved funding amount of $212,000 the Federal share approved is $169,600. The Oneida Nation will meet the 20% match requirement of $42,400. It should be noted that the $169,600 of Federal administrative funds for this release are from FY2020. They are allowed to be obligated and expended in 2 year increments. All FY2020 funds will be reported in FY2020 and the respective quarter they are expended in (Q1-Q8). The chart below indicates the updated FY2020 Oneida Nation funding, including this request. FY20 Administrative Budget Tribal Match $628,112 FY20 Federal Funds Authorized $502,488 Revised Match Requirement $125,624 Match Waiver Requested Y /N N $416,112-FY20 Initial Budget $332,888-FY20 Initial Budget $83,224 N 20% FY20 Additional Funding Approvals Federal Funds Authorized Tribal Match Match $169,600 $42,400 Match Waiver Requested Y /N N $212,000-Supplemental Request issuance 20% 20% If you have any questions, please feel free to have a member of your staff contact Tammy Larma at (312) 886-2531 or Dawn Lawson at (319) 582-7800. Sincerely, VISTA SUAREZ FLETCHER PhD, RD Regional Director Special Nutrition Programs AN EQUAL OPPORTUNITY EMPLOYER Public Packet 122 of 150 Enclosure cc: Marilyn King, Oneida, FDPIR Cindy Seeley, Oneida, FM Dawn Lawson, MWRO, FM Public Packet 123 of 150 Public Packet United States Department of Agriculture Food and Nutrition Service 124 of 150 Tehassi Hill, Chairman Oneida Nation P.O. Box 365 Oneida, Wisconsin 54155 August 17, 2020 Dear Mr. Hill: Midwest Region 77 W. Jackson Blvd. 20th Floor Chicago, IL 60604-3511 This letter is in response to your request for a FDPIR FY2020 administrative budget match waiver. The Oneida Nation has indicated that their Tribe has suffered a substantial burden as a result of the COVID-19 pandemic. This has put a significant strain on their resources while trying to support the programs and services that their Tribal members need. The Oneida Nation Food Distribution program is approved for a waiver of the full 20% requirement for their FY2020 Administrative budget, which also includes a supplemental budget approval for a specialized project. Based on the total approved funding amounts in FY2020, the Federal share approved is $628,112. The Oneida Nation will not meet the 20% match requirement. It should be noted that the $628,112 of Federal administrative funds for this release are from FY2020. They are allowed to be obligated and expended in 2 year increments. All FY2020 funds will be reported in FY2020 and the respective quarter they are expended in (Q1-Q8). The chart below indicates the updated FY2020 Oneida Nation funding, incl [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A253ce7f78143e424. Public record. Not legal advice.