# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A26f0dae7b37d1589 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 393 Oneida Business Committee Executive Session 8:30 AM Tuesday, September 27, 2022 BC Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, September 28, 2022 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 Government Administrative 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. MINUTES A. VI. Oneida Police Commission - Dan Skenandore Sponsor: Lisa Liggins, Secretary Approve the September 14, 2022, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment Sponsor: Mark W. Powless, General Manager B. Adopt resolution entitled Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023 Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 1 of 5 September 28, 2022 Public Packet VII. 2 of 393 C. Adopt resolution entitled Emergency Adoption of the Oneida Life Insurance Plan Law Sponsor: David P. Jordan, Councilman D. Adopt resolution entitled Adoption of Standard Operating Procedure: Employment Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121 Sponsor: Jo Anne House, Chief Counsel APPOINTMENTS A. VIII. Determine next steps regarding one (1) vacancy - Oneida Nation Veteran Affairs Committee Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. B. FINANCE COMMITTEE 1. Accept the September 6, 2022, regular Finance Committee meeting minutes Sponsor: Larry Barton, Chief Financial Officer 2. Accept the September 19, 2022, regular Finance Committee meeting minutes Sponsor: Larry Barton, Chief Financial Officer LEGISLATIVE OPERATING COMMITTEE 1. C. QUALITY OF LIFE COMMITTEE 1. IX. Accept the July 21, 2022, regular Quality of Life Committee meeting minutes Sponsor: Marie Cornelius, Councilwoman STANDING ITEMS A. X. Accept the September 7, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman ARPA FRF and Tribal Contribution Savings Submissions (none) TRAVEL REPORTS A. Approve the travel report - Councilwoman Marie Cornelius - Wis DOT Inter-Tribal Task Force (ITTF) meeting - Lac Du Flambeau, WI - May 11-12, 2022 Sponsor: Marie Cornelius, Councilwoman B. Approve the travel report - Councilwoman Marie Cornelius - 16th WisDOT Tribal Consultation Meeting - Wabeno, WI - August 7-8, 2022 Sponsor: Marie Cornelius, Councilwoman Oneida Business Committee Regular Meeting Agenda Page 2 of 5 September 28, 2022 Public Packet 3 of 393 C. Approve the travel report - Councilwoman Marie Cornelius - WisDOT Inter-Tribal Task Force (ITTF) meeting - Carter, WI - September 7-8, 2022 Sponsor: Marie Cornelius, Councilwoman D. Approve the travel report - Councilman Daniel Guzman King - Great Lakes Area Opioid Conference - Bloomington, MN - April 27-29, 2022 Sponsor: Daniel Guzman King, Councilman E. Approve the travel report - Councilman Daniel Guzman King - Great Lakes InterTribal Council (GLITC) Board of Directors meeting - Baraboo, WI - May 11-12, 2022 Sponsor: Daniel Guzman King, Councilman F. Approve the travel report - Councilman Daniel Guzman King - FY 2023 Bemidji Area Pre-Negotiation meeting - Bloomington, MN - June 8-10, 2022 Sponsor: Daniel Guzman King, Councilman G. Approve the travel report - Councilman Daniel Guzman King - Local Government Advisory Committee (LGAC) and Small Community Advisory Subcommittee (SCAS) public meeting - Washington, D.C. - June 22-24, 2022 Sponsor: Daniel Guzman King, Councilman H. Approve the travel report - Councilman Kirby Metoxen - Annual American Indian Tourism Conference - Scottsdale, AZ - October 24-28, 2021 Sponsor: Kirby Metoxen, Councilman I. Approve the travel report - Councilman Kirby Metoxen - SEOTS Food Card Distribution - Milwaukee, WI - November 17-20, 2021 Sponsor: Kirby Metoxen, Councilman J. Approve the travel report - Councilman Kirby Metoxen - 2022 Wisconsin Governor's Conference on Tourism - Madison, WI - March 13-16, 2022 Sponsor: Kirby Metoxen, Councilman K. Approve the travel report - Councilman Kirby Metoxen - Indian Gaming Tradeshow & Convention - Anaheim, CA - April 17-20, 2022 Sponsor: Kirby Metoxen, Councilman L. Approve the travel report - Councilman Kirby Metoxen - Native American Tourism of Wisconsin (NATOW) 2022 Annual Conference - Wabeno, WI - June 20-22, 2022 Sponsor: Kirby Metoxen, Councilman M. Approve the travel report - Councilman Kirby Metoxen - 2022 Wisconsin State Fair Milwaukee, WI - August 5-7, 2022 Sponsor: Kirby Metoxen, Councilman N. Approve the travel report - Councilwoman Jennifer Webster - Great Lakes Area Tribal Health Board: Indian Health Services Pre-Negotiations - Minneapolis, MN June 7-10, 2022 Sponsor: Jennifer Webster, Councilwoman Oneida Business Committee Regular Meeting Agenda Page 3 of 5 September 28, 2022 Public Packet XI. XII. 4 of 393 O. Approve the travel report - Councilwoman Jennifer Webster - 2022 Tribal SelfGovernance Conference - Burlingame, CA - July 31-August 5, 2022 Sponsor: Jennifer Webster, Councilwoman P. Approve the travel report - Councilwoman Jennifer Webster - 2022 Secretary's Tribal Advisory Committee (STAC) meeting - Albuquerque, NM - September 5-10, 2022 Sponsor: Jennifer Webster, Councilwoman TRAVEL REQUESTS A. Approve the travel request - Chairman Tehassi Hill - 79th Annual National Congress of American Indians (NCAI) Convention & Marketplace - Sacramento, CA September 30-October 4, 2022 Sponsor: Tehassi Hill, Chairman B. Approve the travel request - Councilman Kirby Metoxen - Annual American Indian Tourism Conference - Funner, CA - October 23-28, 2022 Sponsor: Kirby Metoxen, Councilman C. Approve the travel request - Councilman Kirby Metoxen - Smithsonian National Museum of the American Indian Veterans Memorial - Washington, D.C. - November 9-13, 2022 Sponsor: Kirby Metoxen, Councilman D. Enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to attend the Inflation Reduction Act Passage Event in Washington, D.C. - September 13-14, 2022 Sponsor: Lisa Liggins, Secretary E. Enter the e-poll results into the record regarding the approved travel request for Chairman Tehassi Hill to meet with U.S. Department of the Interior Assistant Secretary of Indian Affairs in Washington, D.C. - September 22, 2022 Sponsor: Lisa Liggins, Secretary NEW BUSINESS A. Review the Environmental, Health, Safety, Land, and Agriculture Environmental Resource Board assessment and determine next steps Sponsor: Mark W. Powless, General Manager B. Approve two (2) requested actions - CDC # 20-101 Museum Relocation Sponsor: Mark W. Powless, General Manager C. Enter the e-poll results into the record regarding the granted thirty (30) day extension to the After Action Report presentation deadline for the June 15, 2022, storm per § 302.8-4 of the Emergency Management law Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 4 of 5 September 28, 2022 Public Packet 5 of 393 D. XIII. EXECUTIVE SESSION A. B. XIV. Enter the e-poll results into the record regarding the approved exception to 3.6.1. of the American Rescue Plan Act (ARPA) and Fiscal Recovery Funds (FRF) Lost Revenue Projects SOP to allow for late submission to the FRF Program Office by the Executive HR Sponsor: Lisa Liggins, Secretary REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report (10:00 a.m.) Sponsor: Mark W. Powless, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance September 2022 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Accept the Treasurer's August 2022 report (11:00 a.m.) Sponsor: Larry Barton, Chief Financial Officer NEW BUSINESS 1. Review HRD proposal regarding Time and Attendance and determine next steps (9:30 a.m.) Sponsor: Todd VanDen Heuvel, Executive HR Director 2. Review applications for one (1) vacancy - Oneida Nation Veteran Affairs Committee Sponsor: Lisa Liggins, Secretary 3. Approve contract - Oneida Gaming Commission Legal Services- file # 20220730 (9:00 a.m.) Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission 4. Accept closeout report for complaint # 2022-DR08-03 Sponsor: Kristal Hill, Executive Assistant 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 Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 September 28, 2022 Public Packet 6 of 393 Oneida Police Commission - Dan Skenandore Business Committee Agenda Request 1. Meeting Date Requested: 09/28/22 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Shannon Davis, Recording Clerk Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: SDAVIS Public Packet 7 of 393 Oneida Nation Government Administrative Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: September 20, 2022 RE: Oath of Office – Oneida Police Commission Background On September 14, 2022, the Oneida Business Committee appointed Dan Skenandore to the Oneida Police Commission. A good mind. A good heart. A strong fire. Public Packet 8 of 393 Approve the September 14, 2022, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 09/28/22 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CELLIS1 Public Packet 9 of 393 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, September 14, 2022 Virtual Meeting – Microsoft Teams1 Minutes REGULAR MEETING Present: Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster; Not Present: Chairman Tehassi Hill, Treasurer Tina Danforth; Arrived at: n/a Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Mark W. Powless, Todd Vandenheuvel, Katsitsiyo Danforth, Kaylynn Gresham, Danelle Wilson, Rhiannon Metoxen, Kristal Hill, Rae Skenandore, Justin Nishimoto, Lisa Summers, Clorissa Santiago, Loucinda Conway, Carl Artman, Lisa Duff, Joshua Cottrell, Maureen Metoxen, Tana Aguirre, Brandon Wisneski, Melanie Burkhart, Lori Hill, Troy Parr, Vanessa Miller, Michelle Danforth-Anderson, Carolyn Salutz, Grace Elliott, Jameson Wilson, Christopher Johnson, Patricia King, Debbie Melchert, Brooke Doxtator, Shannon Davis, Victoria Flowers, Amy Spears, Marilyn King, Kathy Hughes, Michelle Braaten, Pearl Webster, Debra Fabian, Valerie Groleau, Mike Debraska, Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Vice-Chairman Brandon Stevens at 8:31 a.m. For the record: Chairman Tehassi Hill is out on approved travel attending the Inflation Reduction Act Passage Event in Washington, D.C. and Treasurer Tina Danforth is out on leave. II. OPENING (00:00:16) Opening provided by Councilman Kirby Metoxen. III. ADOPT THE AGENDA (00:00:39) Motion by Marie Cornelius to adopt the agenda with one (1) addition [1) under Executive Session, New Business add item entitled Review the 2023 State Map Updates - Tribal Input and determine next steps], seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 16 September 14, 2022 Public Packet 10 of 393 DRAFT IV. OATH OF OFFICE A. Anna John Resident Centered Care Community Board - Valerie Groleau (00:04:29) Sponsor: Lisa Liggins, Secretary B. Southeastern Wisconsin Oneida Tribal Services Advisory Board - Debra Lynn Fabian (00:04:29) Sponsor: Lisa Liggins, Secretary Oaths of office were administered by Secretary Lisa Liggins. Valerie Groleau and Debra Lynn Fabian were present. V. MINUTES A. Approve the August 24, 2022, regular Business Committee meeting minutes (00:08:07) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to approve the August 24, 2022, regular Business Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill B. Approve the August 26, 2022, emergency Business Committee meeting minutes (00:08:53) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to approve the August 26, 2022, emergency Business Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill VI. RESOLUTIONS A. Adopt resolution entitled Amendments to the Children's Code (00:11:47) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to adopt resolution entitled 09-14-22-A Amendments to the Children's Code, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Tehassi Hill Motion by Jennifer Webster to direct the Legislative Operating Committee to bring back the Children's Code for review in one year, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 2 of 16 September 14, 2022 Public Packet 11 of 393 DRAFT B. Adopt resolution entitled Emergency Amendments to the Emergency Management Law (00:23:04) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to adopt resolution entitled 09-14-22-B Emergency Amendments to the Emergency Management Law, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill C. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until November 19, 2022 (00:31:09) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Jennifer Webster to adopt resolution entitled 09-14-22-C Extension of Declaration of Public Health State of Emergency Until November 19, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster Abstained: Lisa Liggins Not Present: Tina Danforth, Tehassi Hill D. Adopt resolution entitled Continuing to Operate Fiscal Year 2023 (00:40:41) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to adopt resolution entitled 09-14-22-D Continuing to Operate Fiscal Year 2023 with the following changes [1) correct lines 50-52, from "The cost-of-living adjustment and the progression within grade compensation plan shall be implemented with an effective date of October 2, 2022. Approved compensation adjustment plans shall be implemented." to "The cost-of-living adjustment shall be implemented with an effective date of October 2, 2022. The Executive Human Resources Director shall bring forward a timeline for implementation and effective date of all other tribal wide Fiscal Year 2023 wage adjustments, including merit increases and other wage impacts, at the November 9, 2022, Oneida Business Committee meeting."], seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill E. Adopt resolution entitled Designated Tribal Representative to the North American Indigenous Games (00:45:38) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to adopt resolution entitled 09-14-22-E Designated Tribal Representative to the North American Indigenous Games, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 3 of 16 September 14, 2022 Public Packet 12 of 393 DRAFT F. Enter the e-poll results into the record regarding the adopted BC resolution 09-0122-A Oneida Nation Food Assistance Program - An Oneida General Welfare Exclusion Program (00:47:13) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the adopted BC resolution 09-01-22-A Oneida Nation Food Assistance Program - An Oneida General Welfare Exclusion Program, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill VII. APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Police Commission (00:48:09);(02:26:47) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to defer item VII.A. until after executive session, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Item VIII.A.1. was addressed next. Motion by David P. Jordan to accept the selected applicant and appoint Dan Skenandore to the Oneida Police Commission with a term ending July 31, 2027, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Item XVI. was addressed next. VIII. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the August 3, 2022, regular Legislative Operating Committee meeting minutes (00:48:58) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the August 3, 2022, regular Legislative Operating Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 4 of 16 September 14, 2022 Public Packet 13 of 393 DRAFT IX. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Adopt resolution entitled Obligation for 200 Year Commemoration Events & Projects Utilizing Tribal Contribution Savings (00:49:37) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to adopt resolution entitled 09-14-22-F Obligation for 200 Year Commemoration Events & Projects Utilizing Tribal Contribution Savings, seconded by Daniel Guzman King. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill X. UNFINISHED BUSINESS A. Finance Committee follow-ups (01:09:09) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to direct the CFO to update the handout memorandum submitted for this item to ensure it references the status of the bylaws and to direct the Finance Committee to bring back a status report on this outstanding Business Committee directive to the September 28, 2022, regular Business Committee meeting, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill B. Land Acquisitions Naming report (01:15:12) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to direct the General Manger to provide a memorandum for the record on the current status of this project, to clarify with the General Manager that the intent for this directive is for the corrections to be made on a go forward basis and to direct the General Manager to bring back a status report at the November 23, 2022, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill Oneida Business Committee Regular Meeting Minutes Page 5 of 16 September 14, 2022 Public Packet 14 of 393 DRAFT C. Safe Shelter donation follow-up (01:26:49) Sponsor: Marie Cornelius, Councilwoman Motion by Marie Cornelius to adopt resolution entitled 09-14-22-G Approval of Use of Economic Development, Diversification and Community Development Funds for a Donation of $150,000 to the Safe Shelter, Inc., seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, David P. Jordan, Kirby Metoxen, Jennifer Webster Opposed: Daniel Guzman King, Lisa Liggins Not Present: Tina Danforth, Tehassi Hill For the record: Secretary Lisa Liggins stated I oppose this motion because I don't believe it's the Nation's responsibility to provide continued funding to an outside entity. I do support the initiative of the safe shelter. I understand its need and its importance, but I don't believe it's the Nation's responsibility. Thank you. Councilman Kirby Metoxen left at 10:10 a.m. XI. TRAVEL REPORTS A. Approve the travel report - Councilwoman Jennifer Webster - 2022 Kinship Care Tribal Consultation Meeting - Lac Du Flambeau, WI - August 15-16, 2022 (01:39:00) Sponsor: Jennifer Webster, Councilwoman Motion by Lisa Liggins to approve the travel report from Councilwoman Jennifer Webster for the 2022 Kinship Care Tribal Consultation Meeting in Lac Du Flambeau, WI - August 15-16, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Abstained: Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen XII. TRAVEL REQUESTS A. Approve the travel request - Councilwoman Jennifer Webster - Administration for Children & Families Tribal Advisory Committee - Sequim, WA - October 11-15, 2022 (01:39:48) Sponsor: Jennifer Webster, Councilwoman Motion by Marie Cornelius to approve the travel request for Councilwoman Jennifer Webster to attend the Administration for Children & Families Tribal Advisory Committee in Sequim, WA - October 11-15, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Abstained: Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 6 of 16 September 14, 2022 Public Packet 15 of 393 DRAFT B. Approve the travel request - Councilwoman Jennifer Webster - Multiple Events Washington, D.C. - November 6-12, 2022 (01:42:26) Sponsor: Jennifer Webster, Councilwoman Motion by Marie Cornelius to approve the travel request for Councilwoman Jennifer Webster to attend multiple events in Washington, D.C. - November 6-12, 2022, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins Abstained: Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen C. Approve the travel request - Chairman Tehassi Hill and Councilwoman Marie Cornelius - Packers VIP trip - London, U.K. - October 4-10, 2022 (01:46:59) Sponsor: Tehassi Hill, Chairman Motion by Lisa Liggins to approve the travel request for Chairman Tehassi Hill and Councilwoman Marie Cornelius to attend the Packers VIP trip in London, U.K. - October 4-10, 2022, seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Abstained: Marie Cornelius Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen For the record: Councilwoman Jennifer Webster stated I just want you to understand that you know, and this is for community, that our partnership with the Green Bay Packers, it's a relationship and that relationship has to be tended to kind of like a marriage. You share things to enhance that relationship. It's kind of a give and take. So, they'll be traveling with CIOs from Corporate America from Cellcom and all those gate holders at the stadium. They're traveling with those type of CEO's. So, you not only forming a relationship with the Green Bay Packers organization, but it's with all those other corporations that are attending as well. That's what's amazing, you know. Oneida - we're corporate, we’re business, we’re government, we're tribal, we're family, and we're community. We're all of that and as a government, it's really a balance of all of that. So, it's really a beautiful thing that we as Oneidas as Oneida Nation is all of that. Thank you. D. Enter the e-poll results into the record regarding the approved travel request for Secretary Lisa Liggins to attend the Tribal Constitutions Native Nations Institute Seminar in Phoenix, AZ - September 18-20, 2022 (01:54:17) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved travel request for Secretary Lisa Liggins to attend the Tribal Constitutions Native Nations Institute Seminar in Phoenix, AZ - September 18-20, 2022, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 7 of 16 September 14, 2022 Public Packet 16 of 393 DRAFT E. Enter the e-poll results into the record regarding the approved travel request for Councilwoman Marie Cornelius to attend the WisDOT Inter-tribal Task Force meeting in Carter, WI – September 7-8, 2022 (01:56:39) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved travel request for Councilwoman Marie Cornelius to attend the WisDOT Inter-tribal Task Force meeting in Carter, WI – September 7-8, 2022, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen XIII. NEW BUSINESS A. Ratify the Memorandum of Agreement between the Oneida Gaming Commission, the Gaming General Manager, and the Internal Security Department in accordance with § 501.9-2 (01:57:49) Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission Motion by Jennifer Webster to ratify the Memorandum of Agreement between the Oneida Gaming Commission, the Gaming General Manager, and the Internal Security Department in accordance with § 501.9-2, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen B. Approve a limited waiver of sovereign immunity - Brown County Hazardous Waste Facility intergovernmental agreement - file # 2022-0464 (01:59:58) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to approve a limited waiver of sovereign immunity - Brown County Hazardous Waste Facility intergovernmental agreement - file # 2022-0464, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen C. Approve two (2) actions regarding the USDA FDPIR Joint Demonstration Project (02:00:44) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Jennifer Webster to approve addendum #1 to Sub-Award Contract - file # 2021-0726 and Addendum #1 to MOA file # 2021-0724 with Menominee Indian Tribe of WI for the USDA FDPIR Joint Demonstration Project, and authorize Chairman Tehassi Hill to sign the addendums, seconded by Daniel Guzman King. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 8 of 16 September 14, 2022 Public Packet 17 of 393 DRAFT D. Post one (1) vacancy - Oneida Nation School Board (02:07:52) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to post one (1) vacancy - Oneida Nation School Board, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen E. Enter the e-poll results into the record regarding the approved donation request in the amount of $112,473 to the fundraising efforts of the North American Indigenous Games, Team WI, Oneida from the BC Special Projects budget line (02:08:28) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved donation request in the amount of $112,473 to the fundraising efforts of the North American Indigenous Games, Team WI, Oneida from the BC Special Projects budget line, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen XIV. REPORTS A. CORPORATE BOARDS 1. Accept the Oneida Golf Enterprise FY-2022 3rd quarter report (02:10:13) Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise Motion by Jennifer Webster to accept the Oneida Golf Enterprise FY-2022 3rd quarter report, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen Oneida Business Committee Regular Meeting Minutes Page 9 of 16 September 14, 2022 Public Packet 18 of 393 DRAFT XV. EXECUTIVE SESSION (02:11:06) Motion by Lisa Liggins to go into executive session at 10:42 a.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, Kirby Metoxen Secretary Lisa Liggins left at 11:08 a.m. The Oneida Business Committee, by consensus, recessed for lunch from 12:00 p.m. to 1:30 p.m. Meeting called to order by Vice-Chairman Brandon Stevens at 1:31 p.m. Roll call for the record: Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Councilman David P. Jordan; Vice-Chairman Brandon Stevens; Councilwoman Jennifer Webster; Not Present: Treasurer Tina Danforth; Chairman Tehassi Hill; Secretary Lisa Liggins; Councilman Kirby Metoxen; The Oneida Business Committee, by consensus, recessed at 4:49 p.m. on September 14, 2022, and to reconvene at 9:00 a.m. on September 15, 2022. Meeting called to order by Chairman Tehassi Hill at 9:02 a.m. on September 15, 2022. Roll call for the record: Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Jennifer Webster; Not Present: Treasurer Tina Danforth; Secretary Lisa Liggins; Motion by David P. Jordan to come out of executive session at 10:38 a.m., seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Oneida Business Committee Regular Meeting Minutes Page 10 of 16 September 14, 2022 Public Packet 19 of 393 DRAFT A. REPORTS 1. Accept the Chief Counsel report (02:13:08) Sponsor: Jo Anne House, Chief Counsel Motion by Jennifer Webster to accept the Chief Counsel report, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Jennifer Webster to request the Legislative Operating Committee to add the Backpay Policy to the active files agenda and to release the confidential memo to the Legislative Reference Office as a confidential document, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Marie Cornelius to move the September 9, 2022, memorandum “Opinion – Pool Tournament - September 2019 GTC Action” to open session materials, seconded by Brandon Stevens. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Marie Cornelius to direct Louise Cornelius, Gaming General Manager, to conduct a market analysis regarding sponsoring a pool tournament or annual pool tournament and present that report to the Oneida Business Committee at the November 23, 2022, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Jennifer Webster to approve the correspondence to the Land Claims Commission, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 2. Accept the General Manager report (02:15:27) Sponsor: Mark W. Powless, General Manager Motion by Jennifer Webster to accept the General Manager report, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Oneida Business Committee Regular Meeting Minutes Page 11 of 16 September 14, 2022 Public Packet 20 of 393 DRAFT 3. Accept the Oneida Golf Enterprise FY-2022 3rd quarter executive report (02:15:50) Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise Motion by Marie Cornelius to accept the Oneida Golf Enterprise FY-2022 3rd quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 4. Accept the Corporate Boards 3rd quarter analysis report (02:16:12) Sponsor: Justin Nishimoto, Business Analyst Motion by Marie Cornelius to accept the Corporate Boards 3rd quarter analysis report, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins B. AUDIT COMMITTEE 1. Accept the July 21, 2022, regular Audit Committee meeting minutes (02:16:34) Sponsor: David P. Jordan, Councilman Motion by Marie Cornelius to accept the July 21, 2022, regular Audit Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 2. Accept the Governmental Services Administration performance assurance audit and lift the confidentiality requirement (02:16:54) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the Governmental Services Administration performance assurance audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 3. Accept the Oneida Police Commission performance assurance audit and lift the confidentiality requirement (02:17:19) Sponsor: David P. Jordan, Councilman Motion by Marie Cornelius to accept the Oneida Police Commission performance assurance audit and lift the confidentiality requirement, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Oneida Business Committee Regular Meeting Minutes Page 12 of 16 September 14, 2022 Public Packet 21 of 393 DRAFT 4. Accept the RSM correspondence as information (02:17:40) Sponsor: David P. Jordan, Councilman Motion by Jennifer Webster to accept the RSM correspondence as information, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins C. NEW BUSINESS 1. Accept the Oneida Airport Hotel Corporation update (02:17:59) Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation Motion by Marie Cornelius to accept the Oneida Airport Hotel Corporation update, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 2. Accept the THC Legalization Team update and determine next steps (02:18:22) Sponsor: Kristal Hill, Executive Assistant Motion by Jennifer Webster to direct the Business Analyst to identify a Marijuana business consultant to develop a business strategy and feasibility study and bring back a status report to the November 23, 2022, regular Business Committee meeting, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Marie Cornelius to direct Chief Counsel and the Intergovernmental Affairs Director to bring back information about the industry in Indian Country to the November 23, 2022, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 3. Accept the Village of Ashwaubenon Service Agreement update (02:19:26) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Marie Cornelius to accept the Village of Ashwaubenon Service Agreement update, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Oneida Business Committee Regular Meeting Minutes Page 13 of 16 September 14, 2022 Public Packet 22 of 393 DRAFT 4. Approve contract - Government Policy Solutions, LLC - file # 2022-0734 (02:19:46) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Marie Cornelius to approve contract - Government Policy Solutions, LLC - file # 2022-0734, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 5. Approve two (2) actions regarding 2022 Expectations and 2022 Annual Projects & Targets for DR07 - file # 2018-1226 (02:20:08) Sponsor: Lisa Liggins, Secretary Motion by David P. Jordan to approve addendum A to the employment contract for DR07 – file # 20220743, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Marie Cornelius to approve the correspondence dated September 13, 2022, regarding Article IV, Section 1 of the employment contract for DR07 – file # 2018-1226, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 6. Approve two (2) actions regarding 2022 Expectations and 2022 Annual Projects & Targets for DR08 - file # 2021-0256 (02:21:01) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to approve the correspondence dated September 13, 2022, regarding Article VI, Section 6.1 of the employment contract for DR08 – file # 2021-0256, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 7. Approve two (2) actions regarding 2022 Expectations and 2022 Annual Projects & Targets for DR09 - file # 2021-0563 (02:21:30) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to approve addendum A to the employment contract for DR09 – file # 2022-0743, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Motion by Marie Cornelius to approve the correspondence dated September 13, 2022, regarding Article IV, Section 1.a.i. of the employment contract for DR09 – file # 2021-0563, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Oneida Business Committee Regular Meeting Minutes Page 14 of 16 September 14, 2022 Public Packet 23 of 393 DRAFT 8. Review and determine next steps regarding posting for DR05 (02:24:20) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to accept the discussion as information, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 9. Review Application for one (1) vacancy - Oneida Police Commission (02:24:38) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to accept the discussion as information for one (1) vacancy - Oneida Police Commission, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 10. Approve one (1) new enrollment (02:24:58) Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee Motion by Jennifer Webster to approve one (1) new enrollment, seconded by David P. Jordan. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon Stevens, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins 11. Review the 2023 State Map Updates - Tribal Input and determine next steps (02:25:15) Sponsor: Marie Cornelius, Councilwoman Motion by Marie Cornelius to direct Intergovernmental Affairs to draft a letter to the WISdot outlining Oneida Nation’s proposed changes, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Tehassi Hill, David P. Jordan, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Item VII.A. was re-addressed next. Oneida Business Committee Regular Meeting Minutes Page 15 of 16 September 14, 2022 Public Packet 24 of 393 DRAFT XVI. ADJOURN (02:28:32) Motion by David P. Jordan to adjourn at 10:55 a.m., seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Tehassi Hill, David P. Jordan, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Lisa Liggins Minutes prepared by Aliskwet Ellis, Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 16 of 16 September 14, 2022 Public Packet 25 of 393 Adopt resolution entitled Wisconsin Alzheimer’s Disease Research Center Community Engaged... Business Committee Agenda Request 1. Meeting Date Requested: 09/28/22 2. Session: ‫ ܈‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ‫ ܆‬Accept as information; OR Approve resolution for: 1) the University of Wisconsin employed team members to recruit participants for the Wisconsin Alzheimer’s Disease Research Center (ADRC) Clinical Core research project dealing with Alzheimer’s desease and related diseases as it affect the Oneida Nation. 4. Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: Describe ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 26 of 393 6. Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Contract Document(s) ‫ ܆‬Law ‫ ܈‬Correspondence ‫ ܆‬Legal Review ‫ ܆‬Draft GTC Notice ‫ ܆‬Minutes ‫ ܆‬Draft GTC Packet ‫ ܆‬MOU/MOA ‫ ܆‬E-poll results/back-up ‫ ܆‬Petition ‫ ܈‬Other: Recommendation Letter ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܈‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܈‬Statement of Effect ‫ ܆‬Travel Documents 7. Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: Describe 8. Submission: Authorized Sponsor: ‫ ܆‬Budgeted – Grant Funded ‫ ܈‬Not Applicable Mark W. Powless, General Manager signed by Mark W. Powless Mark W. Powless Digitally Date: 2022.09.16 09:52:32 -05'00' Primary Requestor: Revised: 11/15/2021 Page 2 of 2 Public Packet 27 of 393 Oneida Comprehensive Health Division Oneida Community Health Center Behavioral Health Services Anna John Resident Centered Care Community Employee Health Nursing To: Oneida Business Committee From: Debra Danforth RN, BSN Oneida Comprehensive Health Division Director-Operations Date: June 22, 2022 Re: Recommendation for Research Request for Proposal for the Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment Digitally signed by Debra J Danforth Date: 2022.06.30 10:05:28 -05'00' I have reviewed the Attached Resolution and information for Research by the Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment presentation submitted by Dr. Carey Gleason. The Resolution and request to recruit participants for an observational research study focused on a Alzheimer’s disease and related diseases (ADRD)-The Wisconsin Alzheimer’s Disease Research Center (ADRC) Clinic Core-which builds on a history of ADRD education and advocacy work. The proposed recruitment and research are informed and guided by an advisory committee of Oneida Elders. The Proposed recruitment and research are an extension of a long-standing partnership between the Oneida Nation of Wisconsin and the Wisconsin ADRC. The proposed research is aligned with other on-going research projects that have also been endorsed by the Oneida Business Committee and funded by the National Institutes of Health. The proposal is for the Oneida Nation to allow the University of Wisconsin employed team members to recruit participants for the Wisconsin ADRC’s Clinical Core research project dealing with Alzheimer’s disease and related diseases as it affects the Oneida Nation. Based upon my review the data collected from the Oneida Nation Tribal members will be held in secure, password protected databases at the UW; however, this coded data will only be accessed and analyzed by research teams whose proposals are reviewed and approved through a University of Wisconsin Institutional Review Board approved process, for specified research and whose research has been approved by the Oneida Nation, and will be subject to review by representatives of the Oneida Nation upon request. The resolution indicates that all samples (blood, tissue, DNA, cerebrospinal fluid, etc.) collected from Oneida Nation members in optional sub-studies will be held in secure freezers at the University of Wisconsin; however, these samples will be only used by approved research teams for specified research; and will be made available to representatives of the Oneida Nation upon request. It is the recommendation of the OCHD that the Oneida Business Committee consider including a stipulation that all information collected within the boundaries of the Oneida Nation will be the property of the Oneida Nation and may not be released in any form to individuals, agencies or organizations within additional approval and authorization from the Oneida Nation. The researcher and the University of Wisconsin does recognize that the Oneida Nation’s position as the protector and owner of the information Oneida Community Health Center Behavioral Health Services Anna John Resident Centered Care Community Employee Health Nursing Mailing Address: P.O. Box 365, Oneida, WI 54155 https://oneida-nsn.gov/resources/health/ 525 Airport Rd., Oneida, WI 54155 Phone: (920) 869-2711 or 1-866-869-2711 2640 West Point Rd., Green Bay, WI 54304 Phone: (920) 490-3790 or 1-888-490-2457 2901 S. Overland Rd., Oneida, WI 54155 Phone: (920) 869-2797 701 Packerland Dr., Green Bay, WI 54303 Phone: (920) 405-4492 Fax: (920) 869-1780 Fax: (920) 490-3883 Fax: (920) 869-3238 Fax: (920) 405-4494 Public Packet 28 of 393 collected as part of this study and that the final disposition of the information collected will be used, stored and returned at their discretion. Within the resolution, it does indicate that the Oneida Nation and individual participants can rescind approval at any time and can ask that data be removed from databases and/or stored samples be returned or destroyed. Based upon the above requirements in accordance with BC Resolution #05-08-19-A, the Oneida Comprehensive Health Division recommends the Oneida Business Committee approve the Resolution and consider the additional recommendation to clearly protect the data and samples of the participants of this research request for the University of Wisconsin and the Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment. cc: Jay Kennard MD, Interim Medical Director Mark W. Powless, General Manager Public Packet 29 of 393 Oneida Nation Post Office Box 365 Phone: (920)869--2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # Leave this line blank Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment 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 purpose of this proposal is to recruit participants for an observational research study focused on an Alzheimer’s disease and related diseases (ADRD) – the Wisconsin Alzheimer’s Disease Research Center (ADRC) Clinical Core – which builds on a history of ADRD education and advocacy work; and WHEREAS, the proposed recruitment and research is informed and guided by an advisory committee of Oneida elders and parallel efforts led by the Oneida Nation; and WHEREAS, the proposed recruitment and research is an extension of a long-standing partnership between the Oneida Nation of Wisconsin and the Wisconsin ADRC; and WHEREAS, the proposed recruitment and research is aligned with other on-going research projects endorsed by Business Committee and funded by the National Institutes of Health; NOW THEREFORE BE IT RESOLVED, that the Oneida Nation will allow University of Wisconsin employed team members to recruit participants for the Wisconsin ADRC’s Clinical Core research project dealing with Alzheimer’s disease and related diseases as it affects the Oneida Nation. BE IT FURTHER RESOLVED, that data collected from Oneida Nation Tribal members will be held in secure, password protected databases at the UW; however, this coded data will only be accessed and analyzed by research teams whose proposals are reviewed and approved through a University of Wisconsin Institutional Review Board approved process, for specified research and whose research has been approved by the Oneida Nation; and will be subject to review by representatives of the Oneida Nation upon request. BE IT FURTHER RESOLVED, that samples (blood, tissue, DNA, cerebrospinal fluid, etc.) collected from Oneida Nation members in optional sub-studies will be held in secure freezers at the UW; however, these samples will be only be used by approved research teams for specified research; and will be made available to representatives of the Oneida Nation upon request. BE IT FURTHER RESOLVED, that the Oneida Nation and individual participants can rescind approval at any time and can ask that data be removed from databases and/or stored samples be returned or destroyed. Public Packet 30 of 393 BC Resolution # _______ WISCONSIN ALZHEIMER’S DISEASE RESEARCH CENTER COMMUNITY ENGAGED RECRUITMENT Page 2 of 2 44 45 46 47 BE IT FINALLY RESOLVED, that the University of Wisconsin recognizes the Oneida Nation’s position as protector and owner of the information collected as part of this study and that the final disposition of the information collect will be used, stored and returned at their discretion. Public Packet 31 of 393 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Wisconsin Alzheimer’s Disease Research Center Community Engaged Recruitment Summary The resolution seeks approval to allow the University of Wisconsin employee team members to recruit participants for the Wisconsin ADRC’s Clinical Core research project dealing with Alzheimer’s disease and related diseases as it affects the Oneida Nation.. Submitted by: Clorissa Santiago, Senior Staff Attorney, Legislative Reference Office Date: September 12, 2022 Analysis by the Legislative Reference Office In 2019, the Oneida Business Committee (“OBC”) adopted resolution BC-05-08-19-A titled, Research Requests: Review and Approval to Conduct, which sets forth certain requirements to be met when seeking approval to conduct research that involves the Oneida Nation and its members. Resolution BC-05-08-19-A was adopted in response to an increase in the number of research projects involving the Nation or its members that was being conducted. Its purpose is to ensure that, with any research project approved by the Nation: (1) Oneida members, the Nation and the community are protected; (2) the information developed is provided to the Nation; and (3) the research accurately portrays the complex history and current activities of the Nation and its members. Resolution BC-05-08-19-A provides a specific process for consideration of research requests by educational institutions or businesses that would require access to the Nation or its members for research studies of human subjects. The process includes that: x The request be presented to the Director of Comprehensive Health Operations (“Director”) for review and recommendation for action to the OBC; x The entity conducting the research be required to submit a copy of the final draft of the research to the Director to review for accuracy; and x The entity conducting the research be required to submit a copy of the published or approved research project to the Director to be presented to the OBC as a final published or approved research project. Resolution BC-05-08-19-A further provides that no entity, employee or representative of the Nation is authorized to approve research on behalf of the Nation unless done so in accordance with the resolution or a law which supersedes the resolution. In addition, it provides that no research project date or materials shall be utilized for any other or for extended research without written approval of the Nation. Currently, there is no law of the Nation that addresses the research projects discussed herein; thus, Resolution BC-05-08-19-A governs the analysis of this resolution. Page 1 of 2 Public Packet 32 of 393 This resolution seeks approval to allow the University of Wisconsin employee team members to recruit participants for the Wisconsin ADRC’s Clinical Core research project dealing with Alzheimer’s disease and related diseases as it affects the Oneida Nation. This resolution provides that data collected from Oneida Nation Tribal members will be held in secure, password protected databases at the University; however, this coded data will only be accessed and analyzed by research teams whose proposals are reviewed and approved through a University of Wisconsin Institutional Review Board approved process, for specified research and whose research has been approved by the Oneida Nation; and will be subject to review by representatives of the Oneida Nation upon request. This resolution then goes on to further provide that samples (blood, tissue, DNA, cerebrospinal fluid, etc.) collected from Oneida Nation members in optional sub-studies will be held in secure freezers at the University; however, these samples will only be used by approved research teams for specified research; and will be made available to representatives of the Oneida Nation upon request. Oneida Nation and individual participants are allowed to rescind approval at any time and can ask that data be removed from databases and/or stored samples be returned or destroyed. This resolution provides that the University of Wisconsin recognizes the Oneida Nation’s position as protector and owner of the information collected as part of this study and that the final disposition of the information collect will be used, stored and returned at their discretion. This resolution does not provide any information on whether the research request has been presented, reviewed and recommended for approval by the Director of Comprehensive Health Operations per the requirements of resolution BC-05-08-19-A. In addition, this resolution does not provide any information on whether the University of Wisconsin has agreed to abide by the resolution BC-05-08-19-A’s criteria for research projects that are conducted by educational institutions such as the University of Wisconsin. Conclusion It is unknown whether this resolution complies with the requirements for the review and approval of requests to conduct research as provided for in resolution BC-05-08-19-A, Research Requests: Review and Approval to Conduct. Page 2 of 2 Public Packet 33 of 393 Adopt resolution entitled Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin. Business Committee Agenda Request 1. Meeting Date Requested: 09/28/22 2. Session: ‫ ܈‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ‫ ܆‬Accept as information; OR Approval of a resolution to support and submit the Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023. 4. Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: Describe ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 34 of 393 6. Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: Describe ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܈‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܈‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents 7. Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: Describe 8. Submission: ‫ ܆‬Budgeted – Grant Funded ‫ ܈‬Not Applicable signed by Mark W. Powless Mark W. Powless Digitally Date: 2022.09.20 09:26:49 -05'00' Authorized Sponsor: Mark W. Powless, General Manager Primary Requestor: Marsha Danforth, Grant Development Specialist Revised: 11/15/2021 Page 2 of 2 Public Packet 35 of 393 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # Leave this line blank Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023 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, This agreement is made by and between the Cities of De Pere and Green Bay, the Villages of Allouez, Ashwaubenon, Bellevue, Denmark, Hobart, Howard, Pulaski, Suamico, Wrightstown, and Towns of Eaton, Glenmore, Green Bay, Holland, Humboldt, Lawrence, Ledgeview, Morrison, New Denmark, Pittsfield, Rockland, Scot and Wrightstown, each of which is a municipal corporation, and the Oneida Nation, a federally recognized Indian tribe, all of which are a Responsible Unit (RU) as defined in Section 287.11 and 287.24, Wis. Stats., and ch NR 542, Wis. Admin. Code. This agreement is intended to qualify for the 2023 Wisconsin Recycling Consolidation Grant; and WHEREAS, the RUs believe that, by working together in this cooperative agreement, they can more effectively and efficiently provide for the recycling education needs of their citizens; and WHEREAS, the RUs desire to collaborate in an effort to educate about recycling; and WHEREAS, the RUs recognize the importance of educating residents about recycling and their RU responsibility to do so; and WHEREAS, Brown County partnered with Outagamie and Winnebago Counties, collectively known as Tri-County Recycling, to fund, host, and promote a new smartphone recycling app developed by Betterbin; and WHEREAS, Tri-County Recycling will continue to fund, host, and promote the Waste Wizard Material Search Engine tool; and WHEREAS, the Betterbin smartphone app, and the Waste Wizard Material Search Engine provide comprehensive information on single-stream recycling guidelines, recycling plastic bags, proper medical sharps disposal, electronics recycling, universal waste recycling, household hazardous waste programs, pharmaceutical drop boxes and waste reduction tips; and WHEREAS, Section 66.0301(2) of the Wisconsin Statues authorizes cooperation between municipalities and between municipalities and Indian tribes, and allows municipalities to Public Packet 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 36 of 393 BC Resolution # _______ Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for 2023 Page 2 of 2 contract with each other and with Indian tribes for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law; and WHEREAS each participating RU will maintain a copy of the other above listed RUs’ cooperative agreements on file, given that not all cooperative Rus will be able to sign a single document; and NOW THEREFORE IT IS AGREED THAT the above listed RUs have and will make available to its residents the Tri-County Recycling Betterbin Smartphone app and Waste Wizard Material Search Engine (https://recyclemoretricounty.org/waste-wizard/), recognizing additional and consistent education will reduce contamination and improve recycling, thereby enabling the processing and marketing of these recyclables in the most efficient and cost-effective manner possible, and NOW THEREFORE BE IT RESOLVED that the Oneida Nation authorizes and supports the submission of an Intergovernmental Cooperative Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023 to the Brown County Port & Resource Recovery. Public Packet 37 of 393 Adopt resolution entitled Emergency Adoption of the Oneida Life Insurance Plan Law Business Committee Agenda Request 1. Meeting Date Requested: 09/28/22 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt the resolution entitled. Emergency Adoption of the Oneida Life Insurance Plan Law 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Committee 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 38 of 393 6. Supporting Documents: ☐ Bylaws ☐ Fiscal Impact Statement ☐ Contract Document(s) ☒ Law ☒ Correspondence ☐ Legal Review ☐ Draft GTC Notice ☐ Minutes ☐ Draft GTC Packet ☐ MOU/MOA ☐ E-poll results/back-up ☐ Petition ☒ Other: Legislative Analysis ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☒ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: David P. Jordan, Councilman Primary Requestor: Clorissa N. Santiago, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 39 of 393 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson September 28, 2022 Emergency Adoption of the Oneida Life Insurance Plan Law Please find the following attached backup documentation for your consideration of the emergency adoption of the Oneida Life Insurance Plan law: 1. 2. 3. 4. Resolution: Emergency Adoption of the Oneida Life Insurance Plan Law Statement of Effect: Emergency Adoption of the Oneida Life Insurance Plan Law Oneida Life Insurance Plan Law Legislative Analysis Oneida Life Insurance Plan Law Overview Emergency adoption of the Oneida Life Insurance Plan law (the “Law”) is being sought to establish the Oneida Nation Assistance Fund as an approved program of the Nation to provide a death benefit through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law will:  Establish the Oneida Life Insurance Plan as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1];  Provide how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2];  Provide that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. [10 O.C. 1004.5-1];  Require that a member of the Nation complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2];  Provide that funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)];  Allow for a one hundred eighty (180) day grace period after the effective date of this law, where section 1004.5-2 shall not be enforced to permit members of the Nation to complete and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)];  Require that the Oneida Trust Enrollment Department be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.5-3]; Page 1 of 3 Public Packet      40 of 393 Provide that the Trust Enrollment Department is the department that has the responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.5-4]; Provide rules related to the determination of death and status. [10 O.C. 1004.6-1]; Prohibit a designated beneficiary who criminally and intentionally causes the death of the decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2]; Provide how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.63]; Provide that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. [10 O.C. 1004.7-1]. The Nation currently provides the Oneida Life Insurance Plan Plus, otherwise known as OLIPP, which consists of fifteen thousand dollars ($15,000) of life insurance benefits directly payable to a tribal member’s designated beneficiaries. The Nation contracted with the company Epic to manage OLIPP. Epic collected relevant information regarding the decedent and beneficiaries and distributed OLIPP funds. Epic will cease this service offering and terminate its current contracts for this service, including with the Nation, on September 30, 2022. The Oneida Trust and Enrollment Committee determined the Oneida Trust and Enrollment Department could manage OLIPP in-house, yielding a cost savings to the Nation and expediting payments to the beneficiaries. The proposed Law will codify this benefit as an approved program under the Oneida General Welfare law. The Oneida Trust and Enrollment Department requests this proposed law be considered for emergency adoption as time is of the essence. The Oneida Trust and Enrollment Department seeks to commence the in-house management and oversight of OLIPP immediately after the Epic contract terminates on September 30, 2022. 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 adoption of the legislation is required sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)]. The emergency adoption of this Law is necessary for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law will ensure that the Oneida Trust Enrollment Department can commence the in-house management and oversight of the Oneida Life Insurance Plan immediately after the Epic contract terminates on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in the Oneida Life Insurance Plan and the beneficiaries that will emerge in the next fiscal year and beyond. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this Law would be contrary to public interest. The Epic contract for the management of OLIPP terminates on September 30, 2022, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date. Page 2 of 3 Public Packet 41 of 393 The Law will become effective immediately upon adoption by the Oneida Business Committee and will remain effective for six (6) months. There will be one (1) opportunity to extend the emergency adoption of this Law for an additional six (6) month period. [1 O.C. 109.9-5(b)]. Requested Action Approve the Resolution: Emergency Adoption of the Oneida Life Insurance Plan Law Page 3 of 3 Public Packet Oneida Nation 42 of 393 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Emergency Adoption of the Oneida Life Insurance Plan 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 44 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 Life Insurance Plan law (“the Law”) is being proposed for emergency adoption in an effort to establish the Oneida Life Insurance Plan (OLIPP) as an approved program of the Nation to govern how the Nation provides fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary; and WHEREAS, the Law provides how the Oneida Life Insurance Plan qualifies for general welfare exclusion; and WHEREAS, the Law provides that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary; and WHEREAS, the Law requires that a member of the Nation complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary; and WHEREAS, the Law provides that funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form; and WHEREAS, the Law allows for a one hundred eighty (180) day grace period after the effective date of this law, where section 1004.5-2 shall not be enforced, to permit members of the Nation to complete and submit the required beneficiary forms; and WHEREAS, the Law requires that the Oneida Trust Enrollment Department be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary; and WHEREAS, the Law provides that the Trust Enrollment Department is the department that has the responsibilities to oversee and administer the Oneida Life Insurance Plan; and Public Packet 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 96 97 43 of 393 BC Resolution _____________ Emergency Adoption of the Oneida Life Insurance Plan Law Page 2 of 2 WHEREAS, the Law provides rules related to the determination of death and status; and WHEREAS, the Law prohibit a designated beneficiary who criminally and intentionally causes the death of the decedent from being entitled to any benefits passing under this law; and WHEREAS, the Law provides how the Oneida Life Insurance Plan benefits shall be distributed; and WHEREAS, the Law provides that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the adoption of the legislation is required sooner than would be possible under the Legislative Procedures Act; and WHEREAS, emergency adoption of legislation is effective for a period of six (6) months, renewable by the Oneida Business Committee for an additional six (6) month term; and WHEREAS, the Nation currently provides the Oneida Life Insurance Plan Plus, otherwise known as OLIPP, which consists of fifteen thousand dollars ($15,000) of life insurance benefits directly payable to a tribal member’s designated beneficiaries; and WHEREAS, the Nation contracted with the company Epic to manage OLIPP, by collecting relevant information regarding the decedent and beneficiaries, and distribute OLIPP funds; and WHEREAS, Epic will cease this service offering and terminate its current contracts for this service, including with the Nation, on September 30, 2022; and WHEREAS, the Oneida Trust and Enrollment Committee determined the Oneida Trust and Enrollment Department could manage OLIPP in-house, yielding a cost savings to the Nation and expediting payments to the beneficiaries; and WHEREAS, the emergency adoption of this Law is necessary for the preservation of the general welfare of the Reservation population, as the Law shall ensure that the Oneida Trust Enrollment Department can commence the in-house management and oversight of the Oneida Life Insurance Plan immediately after the Epic contract terminates on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in the Oneida Life Insurance Plan and the beneficiaries that will emerge in the next fiscal year and beyond; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of this Law would be contrary to public interest since the Epic contract for the management of OLIPP terminates on September 30, 2022, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date.; and WHEREAS, the Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts, on an emergency basis, the Oneida Life Insurance Plan law effective immediately. Public Packet 44 of 393 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Emergency Adoption of the Oneida Life Insurance Plan Law Summary This resolution adopts the Oneida Life Insurance Plan law on an emergency basis in order to establish the Oneida Life Insurance Plan as an approved program of the Nation to govern how the Nation provides fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: September 21, 2022 Analysis by the Legislative Reference Office This resolution adopts the Oneida Life Insurance Plan law (“the Law”) on an emergency basis. The purpose of the Law is to provide a death benefit through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law will: ▪ Establish the Oneida Life Insurance Plan as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1]; ▪ Provide how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2]; ▪ Provide that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. [10 O.C. 1004.5-1]; ▪ Require that a member of the Nation complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2]; ▪ Provide that funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)]; ▪ Allow for a one hundred eighty (180) day grace period after the effective date of this law, where section 1004.5-2 shall not be enforced to permit members of the Nation to complete and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)]; ▪ Require that the Oneida Trust Enrollment Department be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.5-3]; ▪ Provide that the Trust Enrollment Department is the department that has the responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.5-4]; Page 1 of 3 Public Packet ▪ ▪ ▪ ▪ 45 of 393 Provide rules related to the determination of death and status. [10 O.C. 1004.6-1]; Prohibit a designated beneficiary who criminally and intentionally causes the death of the decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2]; Provide how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.63]; Provide that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. [10 O.C. 1004.7-1]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is necessary for the immediate preservation of the public health, safety or general welfare of the reservation population and when enactment or amendment of legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement are not required for emergency legislation. [1 O.C. 109.8-1(b),109.9-5(a)]. The Nation currently provides the Oneida Life Insurance Plan Plus, otherwise known as OLIPP, which consists of fifteen thousand dollars ($15,000) of life insurance benefits directly payable to a tribal member’s designated beneficiaries. The Nation contracted with the company Epic to manage OLIPP. Epic collected relevant information regarding the decedent and beneficiaries and distributed OLIPP funds. Epic will cease this service offering and terminate its current contracts for this service, including with the Nation, on September 30, 2022. The Oneida Trust and Enrollment Committee determined the Oneida Trust and Enrollment Department could manage OLIPP in-house, yielding a cost savings to the Nation and expediting payments to the beneficiaries. The proposed Law will codify this benefit as an approved program under the Oneida General Welfare law. The Oneida Trust and Enrollment Department requests this proposed law be considered for emergency adoption as time is of the essence. The Oneida Trust and Enrollment Department seeks to commence the in-house management and oversight of the Oneida Life Insurance Plan immediately after the Epic contract terminates on September 30, 2022. The resolution provides that the emergency adoption of this Law is necessary for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law will ensure that the Oneida Trust Enrollment Department can commence the in-house management and oversight of the Oneida Life Insurance Plan immediately after the Epic contract terminates on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in the Oneida Life Insurance Plan and the beneficiaries that will emerge in the next fiscal year and beyond. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this Law would be contrary to public interest. The Epic contract for the management of OLIPP terminates on September 30, 2022, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date. Page 2 of 3 Public Packet 46 of 393 The emergency adoption of this the Law will take effect immediately upon adoption by the Oneida Business Committee. The emergency adoption of the Law will remain effective for six (6) months. The LPA provides the possibility to extend the emergency amendments for an additional six (6) months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.95(b)]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 3 of 3 Public Packet 47 of 393 Analysis to Emergency Draft 1 2022 09 28 EMERGENCY ADOPTION OF THE ONEIDA LIFE INSURANCE PLAN LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Law Analysis by the Legislative Reference Office  Establish the Oneida Life Insurance Plan as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1].  Provide how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2].  Provide that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. [10 O.C. 1004.51].  Require that a member of the Nation complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2].  Provide that funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C. 1004.52(b), 1004.5-2(e)].  Allow for a one hundred eighty (180) day grace period after the effective date of this law, where section 1004.5-2 shall not be enforced to permit members of the Nation to complete and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)].  Require that the Oneida Trust Enrollment Department be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.53].  Provide that the Trust Enrollment Department is the department that has the responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.5-4].  Provide rules related to the determination of death and status. [10 O.C. 1004.6-1].  Prohibit a designated beneficiary who criminally and intentionally causes the death of the decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2].  Provide how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.6-3].  Provide that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. [10 O.C. 1004.7-1]. Page 1 of 6 Public Packet Purpose Affected Entities Public Meeting Fiscal Impact Expiration of Emergency Legislation 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 48 of 393 Analysis to Emergency Draft 1 2022 09 28 To provide a death benefit of fifteen thousand dollars ($15,000) through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law.[10 O.C. 1004.1-1]. Oneida Trust Enrollment Department. A public meeting is not required for emergency legislation [1 O.C. 109.8-1(b) and 109.9-5(a)]. A fiscal impact statement is not required for emergency legislation [1 O.C. 109.9-5(a)]. Emergency legislation expires six (6) months after adoption and may be renewed for an additional six (6) month period. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Oneida Life Insurance law will be a new law adopted by the Nation on an emergency basis for the purpose of providing a death benefit of fifteen thousand dollars ($15,000) through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. B. Request for Emergency Adoption. On August 17, 2022, the Legislative Operating Committee received a request from the Oneida Law Office and the Oneida Trust Enrollment Committee for the adoption of the Oneida Life Insurance Plan law on an emergency basis. The Nation currently provides the Oneida Life Insurance Plan Plus, otherwise known as OLIPP, which consists of $15,000 of life insurance benefits directly payable to a tribal member’s designated beneficiaries. The Nation contracted with the company Epic to manage OLIPP. Epic collected relevant information regarding the decedent and beneficiaries and distributed OLIPP funds. Epic will cease this service offering and terminate its current contracts for this service, including with the Nation, on September 30, 2022. The Oneida Trust and Enrollment Committee determined the Oneida Trust and Enrollment Department could manage OLIPP in-house, yielding a cost savings to the Nation and expediting payments to the beneficiaries. The proposed OLIPP law will codify this benefit as an approved program under the Oneida General Welfare law. The Oneida Trust and Enrollment Department requests this proposed law be considered for emergency adoption as time is of the essence. The Oneida Trust and Enrollment Department seeks to commence the in-house management and oversight of OLIPP immediately after the Epic contract terminates on September 30, 2022.A smooth transition will ensure uninterrupted service the tribal members participating in OLIPP and the beneficiaries that will emerge in the next fiscal year and beyond. SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of this Law and legislative analysis:  Oneida Law Office. SECTION 4. PROCESS C. The adoption of this Law is being considered on an emergency basis. The Oneida Business Committee may temporarily enact an emergency law where legislation is necessary for the immediate preservation of public health, safety, or general welfare of the Reservation population and enactment of legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5]. Page 2 of 6 Public Packet 49 of 393 Analysis to Emergency Draft 1 2022 09 28 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Emergency adoption of this Law is being pursued for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law will ensure that the Oneida Trust Enrollment Department can commence the in-house management and oversight of OLIPP immediately after the Epic contract terminates on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in OLIPP and the beneficiaries that will emerge in the next fiscal year and beyond.  Observance of the requirements under the Legislative Procedures Act for the adoption of this Law would be contrary to public interest. The Epic contract for the management of OLIPP terminates on September 30, 2022, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to address the management and oversight of OLIPP by the Oneida Trust Enrollment Department prior to the termination date. D. Emergency legislation typically expires six (6) months after adoption, with one (1) opportunity for a six (6) month extension of the emergency legislation. [1 O.C. 109.9-5(b)]. E. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact statement will eventually be required when considering permanent adoption of this Law. D. The following work meetings were held regarding the development of this law and legislative analysis:  August 25, 2022. LOC work meeting with the Oneida Law Office; and  September 21, 2022. LOC work meeting with the Oneida Law Office. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 SECTION 5. CONTENTS OF THE LEGISLATION  A. Purpose and Policy. The purpose of this law is to provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. The General Tribal Council, through resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and welfare of the community. [10 O.C. 1004.1-1(a)]. It is the policy of the Nation to care for its members and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable and expedient distribution to designated beneficiaries. [10 O.C. 1004.1-2].  Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide assistance to Tribal members on a non-taxable basis through an approved program. B. Establishment. This Law establishes the Oneida Life Insurance Plan as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1].The purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary. Id. Funeral expenses include funeral planning; securing the necessary permits and copies of death certificates; preparing the notices; sheltering the remains; coordinating the arrangements with the cemetery, crematory or other third parties; transporting the remains; embalming and other preparation; use of the funeral home for the viewing, ceremony or memorial service; use of equipment and staff for a graveside service; use of a hearse or limousine; a casket, outer burial container or alternate container; and cremation or interment. [10 O.C. 1004.3-1(e)]. Page 3 of 6 Public Packet 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 50 of 393 Analysis to Emergency Draft 1 2022 09 28 The Oneida Life Insurance Plan meets the requirements of the General Test as defined in the Oneida General Welfare law; 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). [10 O.C. 1004.4-2]. C. Eligibility. The Law provides that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits then distributed to a designated beneficiary. [10 O.C. 1004.5-1]. D. Designation of Beneficiary. A member of the Nation is required to complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2]. Any Oneida Life Insurance Plan beneficiary designation form that has already been submitted to the Oneida Trust Enrollment Department prior to the effective date of this law shall remain valid. [10 O.C. 1004.5-2(a)]. Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b)]. This provision of the Law shall not be enforced during the initial one hundred and eighty (180) days after the effective date of this Law, thereby creating a one hundred eighty (180) day grace period to permit members of the Nation to complete and submit designated beneficiary forms. [10 O.C. 1004.5-2(c)]. A parent or legal guardian may complete and submit a beneficiary designation form on behalf of their minor child or ward. [10 O.C. 1004.5-2(d)]. Funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated. [10 O.C. 1004.5-2(e)]. E. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.5-3]. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution. Id. F. Oversight. The Trust Enrollment Department shall be delegated the oversight and management of the Oneida Life Insurance Plan. [10 O.C. 1004.5-4]. G. Evidence as to Passing or Status. The Law provides the following rules relating to determination of death and status are applicable: a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent; a certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and a person who is absent for a continuous period of seven (7) years, during which they have not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. [10 O.C. 1004.6-1]. H. Effect of Homicide on Beneficiary Designation. The Law provides that a designated beneficiary who criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing under this law. [10 O.C. 1004.6-2]. I. Distribution. The Law provides that the Oneida Life Insurance Plan benefits shall be distributed in the following order: (1) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid invoice therefrom; then residual benefits shall be paid to the designated beneficiary; and finally that Page 4 of 6 Public Packet 51 of 393 Analysis to Emergency Draft 1 2022 09 28 121 122 123 124 125 residual benefits shall escheat to the Nation if the decedent did not designate a beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law. [10 O.C. 1004.6-3]. J. Funding. The Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. [10 O.C. 1004.7-1]. 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 EXAMPLES Example 1. John Doe is an enrolled member of the Nation who designated his wife Jane Doe as his beneficiary on the Oneida Nation Life Insurance Plan beneficiary designation form. John unfortunately passes away. The funeral of John Doe will cost $12,000. Jane Doe can provide the Oneida Trust Enrollment Department the invoice from the funeral home, and the $12,000 will be paid through the Oneida Life Insurance Plan directly to the funeral home. After the funeral is paid, there is $3,000 remaining of the original $15,000 Oneida Life Insurance Plan benefit. Since Jane is listed as John’s beneficiary, the remaining $3,000 of benefits will then be given to Jane Doe. Example 2. John Doe is an enrolled member of the Nation who never found the time to fill out and submit the Oneida Nation Life Insurance Plan beneficiary designation form. John unfortunately passes away. The funeral of John Doe will cost $12,000. Anyone can provide the Oneida Trust Enrollment Department the invoice from the funeral home, and the $12,000 will be paid through the Oneida Life Insurance Plan directly to the funeral home. Since there is no beneficiary designated, the remaining $3,000 of the original $15,000 Oneida Life Insurance Plan benefit will go back to the Nation. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to this Law:  Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal Council on January 7, 2013, for the purpose of providing a standard process for the adoption of laws of the Nation which includes taking into account comments from members of the Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].  The Legislative Procedures Act provides a process for the adoption of emergency legislation when the legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population and the enactment or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].  The Legislative Operating Committee is responsible for first reviewing the emergency legislation and for forwarding the legislation to the Oneida Business Committee for consideration. [1 O.C. 109.9-5(a)].  The proposed emergency legislation is required to have a legislative analysis completed and attached prior to being sent to the Oneida Business Committee for consideration. [1 O.C. 109.9-5(a)]. a. A legislative analysis is a plain language analysis describing the important features of the legislation being considered and factual information to enable the Legislative Operating Committee to make informed decisions regarding legislation. A legislative analysis includes a statement of the legislation’s terms and substance; intent of Page 5 of 6 Public Packet 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 52 of 393 Analysis to Emergency Draft 1 2022 09 28  the legislation; a description of the subject(s) involved, including any conflicts with Oneida or other law, key issues, potential impacts of the legislation and policy considerations. [1 O.C. 109.3-1(g)].  Emergency legislation does not require a fiscal impact statement to be completed or a public comment period to be held. [1 O.C. 109.9-5(a)].  Upon the determination that an emergency exists the Oneida Business Committee can adopt emergency legislation. The emergency legislation becomes effective immediately upon its approval by the Oneida Business Committee. [1 O.C. 109.9-5(b)].  Emergency legislation remains in effect for a period of up to six (6) months, with an opportunity for a one-time emergency law extension of up to six (6) months. [1 O.C. 109.9-5(b)].  Emergency adoption of this Law would conform with the requirements of the Legislative Procedures Act. Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides assistance to eligible members on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal members. [10 O.C. 1001.1-1].  The Oneida Life Insurance Plan Plus is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Life Insurance Plan Plus meets the requirements of the General Test as defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2]. 187 SECTION 7. OTHER CONSIDERATIONS 188 A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six 189 (6) months after adoption. The emergency legislation may be renewed for an additional six (6) month 190 period. 191  Conclusion: The Legislative Operating Committee will need to consider the development and 192 adoption of this Law on a permanent basis within the next six (6) to twelve (12) months. 193 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 194  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 195 emergency legislation [1 O.C. 109.6-1]. 196 Page 6 of 6 Public Packet 53 of 393 Draft 1 for OBC Consideration 2022 09 28 Title 10. General Welfare Exclusion - Chapter 1004 ONEIDA LIFE INSURANCE PLAN 1004.1. Purpose and Policy 1004.2. Adoption, Amendment, Repeal 1004.3. Definitions 1004.4. Establishment 1004.5. Qualifications, Designation of Beneficiary, and Notice 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 1004.6. Beneficiary Claim Process and Distribution 1004.7. Funding 1004.1. Purpose and Policy 1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. (a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and welfare of the community. 1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable and expedient distribution to designated beneficiaries. 1004.2. Adoption, Amendment, Repeal 1004.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by resolution BC-__-__-__-__. 1004.2-2. 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. 1004.2-3. 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. 1004.2-4. 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. 1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1004.3. Definitions 1004.3-1. 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) "Approved program" means any program(s) to provide general welfare assistance that is intended to qualify as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation in accordance with the Oneida General Welfare law. (b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral expenses of an enrolled member of the Nation, with any residual amounts paid thereafter to the designated beneficiary. (c) “Decedent” means the deceased person. (d) “Designated Beneficiary” means any person(s) designated by the enrolled member of the Nation, through the approved beneficiary designation form, to receive all or a portion of the decedent’s Oneida Life Insurance Plan benefit. 10 O.C. 1004 – Page 1 Public Packet 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 54 of 393 Draft 1 for OBC Consideration 2022 09 28 (e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced by the funeral home including, but not limited to, the following: (1) funeral planning; (2) securing the necessary permits and copies of death certificates; (3) preparing the notices; (4) sheltering the remains; (5) coordinating the arrangements with the cemetery, crematory or other third parties; (6) transporting the remains; (7) embalming and other preparation; (8) use of the funeral home for the viewing, ceremony or memorial service; (9) use of equipment and staff for a graveside service; (10) use of a hearse or limousine; (11) a casket, outer burial container or alternate container; and (12) cremation or interment. (f) “Nation” means the Oneida Nation. 1004.4. Establishment 1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare law. The purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary. 1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of the General Test as defined in the Oneida General Welfare law; 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 assistance provided through the Oneida Life Insurance Plan is: (1) paid on behalf of the Nation; (2) pursuant to an approved program of the Nation; (3) does not discriminate in favor of members of the governing body of the Nation; (4) available to any eligible member of the Nation who meets the guidelines of the approved program; (5) provided for the promotion of general welfare; (6) not lavish or extravagant; (7) not compensation for services; and (8) not a per capita payment. (b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses related to a death as Safe Harbor program for which need is presumed. 1004.5. Qualifications, Designation of Beneficiary, and Notice 1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. (a) Newly enrolled members of the Nation shall be covered the date their enrollment 10 O.C. 1004 – 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 55 of 393 Draft 1 for OBC Consideration 2022 09 28 application is approved by Oneida Trust Enrollment Committee and Oneida Business Committee. (b) Members of the Nation that have relinquished their membership shall not be covered from the date their relinquishment request is approved by the Oneida Trust Enrollment Committee and Oneida Business Committee. 1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. (a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the effective date of this law shall remain valid. (b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. (c) This section shall not be enforced during the initial one hundred and eighty (180) days after the effective date of this law, thereby creating a one hundred eighty (180) day grace period to permit members of the Nation to complete and submit designated beneficiary forms. (d) A parent or legal guardian may complete and submit a beneficiary designation form on behalf of their minor child or ward. (e) Funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated. 1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution. 1004.5-4. Oversight. The Trust Enrollment Department shall be delegated the oversight and management of the Oneida Life Insurance Plan. 1004.6. Beneficiary Claim Process and Distribution 1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules relating to determination of death and status are applicable: (a) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent; (b) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and (c) A person who is absent for a continuous period of seven (7) years, during which they have not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. 1002.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing under this law. 10 O.C. 1004 – Page 3 Public Packet 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 56 of 393 Draft 1 for OBC Consideration 2022 09 28 1002.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following order: (a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid invoice therefrom; (b) Residual benefits shall be paid to the designated beneficiary; (c) Residual benefits shall escheat to the Nation if the decedent did not designate a beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law. 1004.7. Funding 1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. End. Emergency Adopted – BC-__-__-__-__ 10 O.C. 1004 – Page 4 Public Packet 57 of 393 Adopt resolution entitled Adoption of Standard Operating Procedure: Employment Cap and Labor... Business Committee Agenda Request 1. Meeting Date Requested: Click or tap to enter a date. 2. Session: ☒ Open ☐ Exec [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%3A26f0dae7b37d1589. Public record. Not legal advice.