Oneida Business Committee (2019)

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Public Packet

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Oneida Business Committee

Executive Session

1:00 PM Tuesday, February 12, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

1:00 PM Tuesday, February 12, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

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

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

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

RESOLUTIONS

Adopt resolution entitled FY 2019 Coordinated Tribal Assistance Solicitation grant

application - U.S. Department of Justice

Sponsor: Joanie Buckley, Division Director/Internal Services

Adopt resolution entitled Whistleblower Protection Law

Sponsor: David P. Jordan, Councilman

APPOINTMENTS

Determine next steps regarding three (3) vacancies with terms ending December 31,

2022 - Oneida Nation Veterans Affairs Committee

Sponsor: Lisa Summers, Secretary

Determine next steps regarding one (1) vacancy with term ending February 28, 2020,

and three (3) vacancies with terms ending February 28, 2022 - Oneida Pow-wow

Committee

Sponsor: Lisa Summers, Secretary

Determine next steps regarding three (3) vacancies with terms ending February 28,

2022 - Southeastern Oneida Tribal Services Advisory Board

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Regular Meeting Agenda

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February 12, 2019

Public Packet

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STANDING COMMITTEES

FINANCE COMMITTEE

VII.

VIII.

Approve the Febuary 4, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

NEW BUSINESS

Post one (1) vacancy - Oneida Election Board

Sponsor: Lisa Summers, Secretary

Repost seven (7) vacancies - Oneida Nation Arts Board

Sponsor: Lisa Summers, Secretary

EXECUTIVE SESSION

REPORTS

Accept the Intergovernmental Affairs Director report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

NEW BUSINESS

Approve a limited waiver of sovereign immunity - U.S. Bank National

Association contract - file # 2018-0802

Sponsor: Michele Doxtator, Area Manager/Retail Profits

Approve the attorney contract - Quarles & Brady LLP - file # 2019-0127

Sponsor: Larry Barton, Chief Financial Officer

Review applications for three (3) vacancies with terms ending December 31,

2022 - Oneida Nation Veterans Affairs Committee

Sponsor: Lisa Summers, Secretary

Review applications for one (1) vacancy with term ending February 28, 2020,

and three (3) vacancies with terms ending February 28, 2022 - Oneida Powwow Committee

Sponsor: Lisa Summers, Secretary

Review applications for three (3) vacancies with terms ending February 28,

2022 - Southeastern Oneida Tribal Services Advisory Board

Sponsor: Lisa Summers, Secretary

Approve the employment contract for DR19 - file # 2019-0110

Sponsor: Tehassi Hill, Chairman

Oneida Business Committee

Regular Meeting Agenda

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February 12, 2019

Public Packet

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ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 3

February 12, 2019

Public Packet

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Adopt resolution entitled

FYBusiness

2019 Coordinated

Tribal

Assistance

Solicitation grant application - U.S. De

Oneida

Committee

Agenda

Request

1. Meeting Date Requested:

/ 12

/ 19

2. General Information:

Session: [81 Open D Executive - See instructions for the applicable laws, then choose one:

Agenda Header:

'��-e_sol_ u_ti_ o_ns_ _ __ _ _ _

____ ___________ ______

D Accept as Information only

[81 Action - please describe:

The U.S. Department of Justice requires a resolution be approved and signed by the tribal governing body,

as part of their application requirements.

3. Supporting Materials

[gJ Resolution

D Report

D Other:

D Contract

[81 Business Committee signature required

4. Budget Information

D Budgeted - Tribal Contribution

D Budgeted - Grant Funded

D Unbudgeted

5. Submission

·r

Authorized Sponsor/ Liaison:

Joanie Buckley, Divisiory Director/Internal Services

Primary Requestor/Submitter:

Cher I Steven , 0irector - Grants Office

Additional Requestor:

. j(

Your Name, Title/ Dept. or Tribal Member

· Name, Title/ Dept.

Name, Title/ Dept.

Page 1 of2

�I

Public Packet

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Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920) 869-2214

Oneida, WI 54155

BC Resolution # __________

FY 2019 Coordinated Tribal Assistance Solicitation grant application - U.S. Department of Justice

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Oneida Nation has determined that the overall goal of the Nation is to protect, maintain

and improve the standard of living and the environment in which the Oneida people live;

and

WHEREAS,

the Oneida Nation understands and recognizes the need to address issues of crime,

violence and other “at-risk” related behaviors which are in direct contrast to the traditions,

culture and spiritual way of life; and

WHEREAS,

the Oneida Nation understands and recognizes there is a need to develop a

comprehensive approach that encompasses public safety, judicial, gang issues, substance

abuse related crimes and prevention and intervention program enhancement/expansion;

and

WHEREAS,

the Oneida Nation believes our community will be strengthened by providing critically

needed services and programming which will have a positive impact on our community and

tribal members, families, elders and youth; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the submission of

the FY 2019 Coordinated Tribal Assistance Solicitation Grant application to the U.S. Department of Justice

in the following Purpose Areas: #1-Public Safety and Community Policing in an amount up to $800,000

and #5-Tribal Governments Program in an amount of $900,000.

Public Packet

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Public Packet

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Oneida Business Committee Agenda Request

Adopt resolution entitled Whistleblower Protection Law

1. Meeting Date Requested:

/ 12 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Consider the Employee Protection Policy Amendments for adoption

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Packet

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, LOC Chairman

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

Public Packet

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Public Packet

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Public Packet

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ________________

Whistleblower Protection Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the purpose of the Whistleblower Protection law (“the Law”) is to provide protection to

employees of the Nation who give information that is intended to protect the Nation from

fraud, theft, or other detrimental effects; and

WHEREAS,

whistleblowing occurs when an employee discloses information that the employee

reasonably believes provides evidence that protects the Nation from any adverse actions

of its employees that may result in a detrimental effect to the Nation; and

WHEREAS,

the Law protects an employee from any retaliatory action that results from making a

disclosure of information; and

WHEREAS,

an employee can make a disclosure of information through the use of the Nation’s

anonymous Fraud hotline or submission of a written disclosure to the Nation’s Internal

Audit Department; and

WHEREAS,

the Internal Audit Department is granted the authority to review the disclosure and conduct

an investigation and/or an internal audit into the disclosure, if deemed appropriate, in

addition to requiring the Internal Audit Department to report their findings to an appropriate

entity for action to address the findings if necessary; and

WHEREAS,

an employee who alleges retaliatory action has been threatened or taken based on the

employee’s disclosure of information is allowed the opportunity to file a complaint for the

retaliatory action in accordance with the grievance procedures provided in the Nation’s

laws governing employment; and

WHEREAS,

the Law protects the employee from retaliatory action if it is found that the employee made

a disclosure of information, the individual alleged to have taken retaliatory action against

the disclosing employee was aware or became aware the disclosing employee had

disclosed information, and the action taken against the disclosing employee was retaliatory

as a result of the disclosure of information; and

WHEREAS,

enforcement for an individual who is found to have retaliated against an employee who

made a disclosure of information is provided by this Law; and

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Public Packet

WHEREAS,

BC Resolution _____________

Whistleblower Protection Law

Page 2 of 2

a public meeting on the proposed Law was held on December 3, 2018, in accordance with

the Legislative Procedures Act, and the public comments were reviewed and accepted by

the Legislative Operating Committee on December 19, 2018.

NOW THEREFORE BE IT RESOLVED, that the Whistleblower Protection law is hereby adopted and shall

become effective on February 27, 2019.

BE IT FURTHER RESOLVED, that the Whistleblower Protection law hereby repeals and replaces the

Nation’s Employee Protection Policy which was adopted by emergency pursuant to BC-04-20-95-B,

permanently adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to BC-01-20-99-B,

BC-06-30-04-J, and BC-02-25-15-C.

BE IT FINALLY RESOLVED, that any individual who has been granted protected status under the

Employee Protection Policy shall maintain his or her protected status, but shall use the provisions found in

section 211.5 of the Whistleblower Protection law for protection from retaliation.

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Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Whistleblower Protection Law

Summary

This resolution adopts the Whistleblower Protection law which provides protection to employees

of the Nation who give information that is intended to protect the Nation from fraud, theft, or other

detrimental effects.

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

Date: February 6, 2019

Analysis by the Legislative Reference Office

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

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1]. This resolution adopts the Whistleblower Protection law, which

complies with all processes and procedures required by the LPA, including the development of a

legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting

and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The proposed Whistleblower Protection law will provide protection to employees of the Nation

who give information that is intended to protect the Nation from fraud, theft, or other detrimental

effects.

In accordance with the LPA, a public meeting on the proposed Whistleblower Protection law was

held on December 3, 2018. Five (5) members of the community attended the public meeting with

one (1) person providing oral comments. The public comment period closed on December 10,

2018. The Legislative Operating Committee received one (1) written comment during the public

comment period. The two (2) public comments received were accepted, reviewed, and considered

by the Legislative Operating Committee on December 19, 2018. Any changes made based on those

comments have been incorporated into this draft.

The Whistleblower Protection law will become effective ten (10) business days after the adoption

of this resolution in accordance with the LPA. [1 O.C. 109.9-3].

Adoption of the Whistleblower Protection law will repeal the Nation’s current Employee

Protection Policy which was adopted by emergency pursuant to BC-04-20-95-B, permanently

adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to BC-01-20-99-B, BC06-30-04-J, and BC-02-25-15-C. The LPA states that a majority vote is required for the adoption

of a law by the Oneida Business Committee, and laws shall be repealed in accordance with the

laws governing Oneida Business Committee action. [1 O.C. 109.9-2(a)].

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Additionally, this resolution provides a grandfather clause for those individuals who have

previously been granted employee protection under the Employee Protection Policy, which

clarifies that any individual who has been granted protected status under the Employee Protection

Policy shall maintain his or her protected status but shall use the provisions found in section 211.5

of the Whistleblower Protection law for protection from retaliation.

Conclusion

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

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Analysis to BC Consideration

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WHISTLEBLOWER PROTECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

SPONSOR:

DRAFTER:

ANALYST:

David P. Jordan

Clorissa N. Santiago

Brandon Wisneski

To repeal the Employee Protection Policy and replace it with a Whistleblower

Protection Law that incorporates the Nation’s new anonymous Fraud Hotline; to

ban retaliation against employees; to direct all whistleblower disclosures to the

Fraud Hotline or Internal Audit Department; to provide a grievance and complaint

process for employees who have been retaliated against; and to provide disciplinary

actions and other consequences for employees and officials who retaliate against

whistleblowers.

To give protection to employees who give information that is intended to protect

the Nation from fraud, theft or other detrimental effects [see 211.1-1].

All employees of the Nation. All elected and appointed officials of the Nation.

Internal Audit Department, Audit Committee, Human Resources Department,

Personnel Commission, Judiciary, Oneida Business Committee, Oneida Law

Office, Oneida Police Commission, Oneida Nation School Board, Oneida Gaming

Commission.

Employee Protection Policy; Personnel Policies and Procedures (Blue Book);

Boards; Committees and Commissions Law, Removal Law and Internal Audit Law.

Employees of the Nation who retaliate against an employee may be subject to

disciplinary action, up to and including termination. Elected and appointed officials

of the Nation who retaliate against an employee may be subject to sanctions and

penalties, removal from office or termination of appointment [see 211.5-3].

A public meeting was held on December 3, 2018.

See fiscal impact statement prepared by Finance Dept. in accordance with the

Legislative Procedures Act.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Employee Protection Policy was first adopted by the Oneida Business Committee on April 20,

1995. The purpose of the law is to protect employees who give information that is intended to protect

the Nation from fraud, theft or other detrimental effects. The current Employee Protection Policy

provides a process for how employees make disclosures, a process to request “protected status” that

allows protected employees to bypass the normal complaint and grievance process in the Personnel

Policies and Procedures, and the ability of protected employees to receive a “protective order” from the

Personnel Commission if they are retaliated against.

B. Amendments to the Employee Protection Policy were added to the Legislative Operating Committee’s

Active Files List on December 20, 2017. Over the course of developing amendments, the LOC

determined that the proposed changes to the law were substantial enough that the Whistleblower

Protection Policy should be considered a new law that repeals and replaces the Employee Protection

Policy.

C. The proposed Whistleblower Protection Law is intended to work in conjunction with the Nation’s new

anonymous Fraud Hotline, which became effective on December 1, 2018. The anonymous Fraud

Hotline is intended to be a centralized way for employees to report fraud, unlawful, unethical or other

types of inappropriate behavior without fear of retaliation. The Fraud Hotline is administered by a third

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Analysis to BC Consideration

2019 02 06

party and is available 24 hours per day, seven days per week. Reports from the Fraud Hotline are sent

to the Internal Audit Department for follow-up and potential investigations.

D. This proposed law repeals the Employee Protection Policy and replaces it with a new Whistleblower

Protection Law. The intent of the law is to ban retaliation against employees; to direct all whistleblower

disclosures to the Fraud Hotline or Internal Audit Department; to provide a grievance and complaint

process for employees who have been retaliated against; and to provide disciplinary actions and other

consequences for employees and officials who retaliate against whistleblowers.

SECTION 3. CONSULTATION AND OUTREACH

A. The Legislative Operating Committee (LOC) held work meetings with Internal Audit, Human

Resources Equal Employment Opportunity (EEO) and HRD Training and Development in the

development of this law and analysis. In addition, representatives from the Gaming Commission,

School Board and Police Commission were invited to attend a work meeting to provide input regarding

the Employee Protection Policy. The LOC received data regarding historical Employee Protection

Policy caseload from staff of the following entities: Oneida Personnel Commission, Oneida Nation

School Board, Oneida Nation Gaming Commission, and Oneida Nation Police Commission.

B. The following Oneida laws were reviewed in the drafting of this analysis: Personnel Policies and

Procedures, Boards, Committees and Commissions Law, Removal Law, Internal Audit Law, and Code

of Ethics. In addition, the following laws were reviewed in drafting this analysis:

 Ho Chunk Nation Employment Relations Act

 Mashantucket Pequot Tribal Whistleblower Law

 Little Traverse Band of Odawa Indians Whistleblower Protection

 Seminole Nation Whistleblower Protection

 Osage Nation Whistleblower Protection Law

SECTION 4. PROCESS

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was added to the Active Files List under Employee Protection Policy on 12/20/2017.

C. At the time this legislative analysis was developed, the following work meetings were held/scheduled

regarding the development of this law and legislative analysis:

 April 18, 2018: LOC Work Meeting.

 May 16, 2018: LOC Work Meeting.

 June 15, 2018: Work Meeting with HRD EEO.

 June 22, 2018: LOC Work Meeting.

 July 11, 2018: LOC Work Meeting.

 August 23, 2018: Work Meeting with HRD EEO and HRD Training and Development.

Representatives from the Gaming Commission, Police Commission and School Board were also

invited to this meeting.

 August 23, 2018: Work Meeting with Internal Audit Department.

 September 27, 2018: LOC Work Meeting.

 October 9, 2018: Work Meeting with Internal Audit Department.

 October 17, 2018: LOC Work Meeting.

 December 19, 2018: LOC Work Meeting.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Repeal of Employee Protection Policy. Adoption of the proposed Whistleblower Protection Law will

repeal and replace the current Employee Protection Policy [see 211.2-4(a)]. This analysis provides

comparisons between the current Employee Protection Policy and the proposed Whistleblower

Protection Law.

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B. What is “Whistleblowing”? A whistleblower is an employee who shares evidence or provides

information that protects the Oneida Nation from adverse actions of its employees [see 211.4-1].



Examples in the law include: any dishonest or fraudulent act, deceptive business practices,

theft, extortion, bribery, embezzlement, blackmail, tampering and or falsifying records,

forgery, misappropriation or misuse of the Nation’s funds, disclosure of confidential

information, destruction, removal or inappropriate use of property of the Nation, unsafe

working conditions, poor management, or unethical conduct or violation of a law or policy of

the Nation.

C. Ban on Retaliation. Employees who make whistleblower disclosures under this law are protected from

retaliation [see 211.4-2]. Examples of retaliation listed in this law include:



Disciplinary Actions such as dismissal, demotion, transfer, removal of duty, refusal to restore,

layoff, furlough, suspension, and/or reprimand.



Non-Disciplinary Actions such as loss of hours, rescheduling shifts outside of normal shift

changes, change of job requirements without notice, verbal or physical harassment, reduction

of pay, denial of educational benefits, reassignment, and/or failure to increase base pay.

D. Where to Submit Whistleblower Disclosures. Employees will now submit all whistleblower

disclosures using the Fraud Hotline or by submitting in writing to the Internal Audit Department [see

211.4-3]. Previously, employees also had the option of submitting their disclosures to the Personnel

Commission, Oneida Nation School Board, Oneida Police Commission, Oneida Gaming Commission,

or to a supervisor, law enforcement official, attorney, or employee advocate. Now, all employees will

submit whistleblower disclosures to one centralized location.

Chart 1. Comparison of Where to Submit Whistleblower Disclosures.

Employee Protection Policy (current)

Whistleblower Protection Law (proposed)

Employee Submits to one of the following:

 Anonymous Fraud Hotline

 Internal Audit,

 Internal Audit

 Gaming Commission,

 School Board,

 Police Commission,

 Personnel Commission, or

 Supervisor, Law Enforcement Agency,

Attorney retained by employee, or

Employee Advocate, who will direct

the disclosure to one of the “appropriate

agencies” listed above.



Anonymous Fraud Hotline. An Anonymous Fraud Hotline has been developed by the

Internal Audit Department. The hotline is operated by a third-party vendor and is available 24

hours per day, seven days per week. The purpose of the hotline is to provide a centralized and

anonymous way to report fraud, unlawful, unethical and other types of improper behavior. For

more details regarding the hotline, see Section 9 “Other Considerations.”



Contents of Disclosure. The proposed Whistleblower Protection Law does not describe any

specific information that must be included in the disclosure. In comparison, the current

Employee Protection Policy requires employees to submit a written, dated, signed disclosure

that is hand carried, mail certified or delivered by law enforcement. The current Employee

Protection Policy also requires employees to identify themselves in the disclosure and identify

the person and persons against whom the claim is made, and provide date, times and summary

of the misconduct.

E. Receipt of Disclosure. After submitting their disclosure, employees will receive an incident number.

This incident number confirms that the employee’s disclosure was received. This will allow employees

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to provide evidence of their disclosure should they be retaliated against and need to file a complaint or

grievance in the future [see 211.4-4].



Comparison to Employee Protection Policy. The current Employee Protection Policy requires

the agency to provide a signed and dated receipt to the employee when they submit their

disclosure. In contrast, the proposed Whistleblower Protection Law requires the employee be

provided with an incident number.

F. Investigation. After receiving a disclosure from the Fraud Hotline or directly from the employee,

Internal Audit has the authority to review and conduct an investigation and/or an audit. Once Internal

Audit’s investigation is complete, they will report their findings to the appropriate entity for further

action, if necessary. For example, the findings could be reported to the Oneida Business Committee,

Oneida Law Office, Human Resources Department, Oneida Police Department or other law

enforcement agency, the Audit Committee, or any other entity of the Nation [see 211.4-5].

G. Protection from Retaliation. If an employee feels they have been retaliated against, they can file a

complaint using the complaint and grievance processes in the Nation’s Personnel Policies and

Procedures, also known as “the Blue Book” [see 211.5-1].



Disciplinary Actions. Chart 2 illustrates the grievance process in the Personnel Policies and

Procedures for disciplinary actions, such as suspensions or termination of employment. If a

disciplinary action is overturned, the employee can be reinstated with back pay. [See

Personnel Policies and Procedures - Section V Employee Relations, 5. Complaints,

Disciplinary Actions and Grievances].

Chart 2. Grievance Process for Disciplinary Actions in Personnel Policies and Procedures

Employee receives

disciplinary action they

believe is unfair

Employee files an

appeal with Area

Manager and HRD

Manager or

designee

Employee may

appeal to Personnel

Commission

Personnel

Commission holds a

hearing

Disciplinary Action

Overturned or

Modified

Area Manager

Issues Decision

Disciplinary Action

Overturned

Personnel

Commission Issues

Decision

Disciplinary Action

Upheld

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Disciplinary Action

Upheld

Comparison to Employee Protection Policy. The current Employee Protection Policy

allows employees who have been granted protection to skip a step in the grievance process

and go straight to the Personnel Commission if they feel they have been retaliated against.

This ability to skip a step in the grievance process is removed in the proposed

Whistleblower law [see current Employee Protection Policy, 2 O.C. 211.5-2(b)].

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Non-Disciplinary Actions. Chart 3 depicts the complaint process in the Personnel Policies and

Procedures for non-disciplinary complaints, such as loss of hours or change of schedule. [See

Personnel Policies and Procedures - Section V Employee Relations, 5. Complaints,

Disciplinary Actions and Grievances].

Chart 3. Complaint Process for Non-Disciplinary Actions in Personnel Policies and

Procedures

Comparison to Employee Protection Policy. The current Employee Protection Policy

allows employees who have been granted protection to skip the Complaint Process in the

Personnel Policies and Procedures and go straight to their Division Director if they have

received a non-disciplinary action that is retaliatory. This ability to skip the complaint

process and go to the division director is removed in the proposed Whistleblower

Protection law [see current Employee Protection Policy, 2 O.C. 211.5-2(a)].

Requirements for Protection: To be protected from retaliation under this law, the employee must

have made a whistleblower disclosure and provide proof of the disclosure in the form of the incident

number provided by the Fraud Hotline or Internal Audit. In addition, the individual who retaliated

against the whistleblower must have been aware the whistleblower disclosed information. Finally,

the action taken against the whistleblower must be retaliatory as a result of the disclosure [see 211.52].

Punishment for Retaliation. Individuals who retaliate against employees of the Nation in violation

of this law will be subject to the following consequences [see 211.5-3].



Employees of the Nation. Employees who retaliate against another employee for making a

whistleblower disclosure will be subject to disciplinary action, up to and including

termination, in accordance with the Personnel Policies and Procedures.



Appointed officials. May have their appointment terminated, in accordance with the Nation’s

Boards, Committees and Commissions Law, or may receive sanctions and penalties in

accordance with the Nation’s laws.



Elected officials. May be subject to removal from office in accordance with the Nation’s

Removal Law. Elected officials may also be subject to sanctions and penalties in accordance

with the Nation’s laws.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. Employee Protection Policy. This law repeals the current Employee Protection Policy and replaces it

with a new Whistleblower Protection Law.

B. References to Other Laws. The following laws of the Nation are referenced in this law. This law does

not conflict with any of the referenced laws.

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

Personnel Policies and Procedure. Reference to the Nation’s grievance procedure [see 211.5-1]

and disciplinary process [see 211.5-3(a)] in the Personnel Policies and Procedures.

Boards, Committees and Commissions Law. Reference to the termination of appointed officials in

the Boards, Committees and Commissions Law [see 211.5-3(d)].

Removal Law. Reference to the removal process for elected officials in the Removal Law [see

211.5-3(c)].

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Elimination of “Protected Status” and Ability to Skip a Step in the Complaint and Grievance Process.

Under the current Employee Protection Policy, employees can receive a formal “protected status” upon

making their disclosure to one of the five appropriate agencies. Once an employee is granted protected

status, it allows the employee to skip a step in the complaint and grievance process and go directly to

the Personnel Commission or their Division Director if they are retaliated against [see current

Employee Protection Policy, 2 O.C. 211.5-2]. The proposed Whistleblower Protection Law eliminates

this formal “protected status” and the right to skip a step in the complaint and grievance process. If an

employee is retaliated against, they must file a complaint or grievance using the standard complaint and

grievance process in the Personnel Policies and Procedures. At the time this analysis was developed,

the LOC determined that the process in the Personnel Policies and Procedures is sufficient for

whistleblower protection.

B. Elimination of Protective Orders to Human Resources Department. Under the current Employee

Protection Policy, a protected employee who has been retaliated against may request a “protective

order” from the Personnel Commission. This protective order directs the Human Resources Department

to monitor the actions of that employee’s supervisor. Under the proposed Whistleblower Protection

Law, employees will no longer be able to request protective orders from the Personnel Commission. If

an employee is retaliated against, they must file a complaint or grievance using the standard complaint

and grievance process in the Personnel Policies and Procedures. At the time this analysis was

developed, the LOC determined the process in the Personnel Policies and Procedures is sufficient for

whistleblower protection.

C. Impact on Boards, Committees, Commissions and Entities. Under the proposed Whistleblower

Protection Law, the following entities listed in the Employee Protection Policy will no longer be

responsible for receiving employee protection or whistleblower disclosures: Personnel Commission,

Gaming Commission, School Board, and Police Commission. All whistleblower disclosures under

this law will now be reported to the Fraud Hotline or Internal Audit department, which will

investigate disclosures and forward findings to relevant entities for further action, if needed.

SECTION 9. OTHER CONSIDERATIONS

The following is provided for information:

A. Data on Employee Protection Requests from Personnel Commission. The following information

shows how often the current Employee Protection Policy has been used by employees in recent years.

Note that as of June 2018, the Oneida Nation employed approximately 2,880 people [Source: HRD 3rd

Quarter Report].

 Number of Disclosures. Chart 4 depicts the number of employee protection disclosures made by

employees to the Personnel Commission (OPC). In other words, the number of times employees

disclosed information to the Personnel Commission and requested employee protection.

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Chart 4. Number of Employee Protection Disclosures Submitted to Personnel Commission

YEAR

Number of Employee Protection Disclosures

2012

2013

2014

2015

2016

2017

2018 (January-April)

TOTAL, 2012-2018

o SOURCE: Personnel Commission, communication with staff via email 9/17/2018

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

Number of Employees Granted Protection. Of the twelve (12) requests for Employee Protection

between 2012-2018, two (2) employees were granted employee protection. In addition, two (2)

additional employees were granted “interim protection” at the time the OPC was dissolved in April

2018. “Interim protection” was granted during the Personnel Commission’s initial investigation.

B. Data on Employee Protection Requests from Other Entities.

 Internal Audit Department estimates the department received a total of two or three requests for

Employee Protection from employees of the Nation over the last five years. [Source: Internal Audit

staff.]

 Oneida Nation School Board reports they have not received any Employee Protection requests

from School System employees in recent years. [Source: Oneida Nation School Board,

communication with staff via email 10/9/18.]

 Oneida Police Commission reports they received one (1) request for Employee Protection over

the last two years. [Source: Oneida Police Commission, communication with staff via email

10/31/18.]

 Oneida Gaming Commission reports they have no record of receiving any Employee Protection

requests in the last five years. It was reported that Gaming employees likely submitted their requests

to the Personnel Commission. [Source: Oneida Gaming Commission, communication with staff via

email 10/31/18.]

 Oneida Judiciary. As of January 31, 2019, the Oneida Judiciary reports that there are no active

Employee Protection Policy cases pending in the Judiciary Trial Court. [Source: Oneida Judiciary,

communication with staff via email 1/31/19].

C. Data on Retaliation and Protective Orders from Personnel Commission.

 Number of Retaliation Grievances Filed by Employees with Protected Status. One (1)

retaliation grievance was filed by a protected employee between 2012 and April 2018. This means

that of the employees who requested and received employee protection, only one employee later

alleged they were retaliated against. [Source: Personnel Commission, communication with staff via

email 9/17/2018].

 Number of Protective Orders issued by Personnel Commission. Two (2) protective orders were

issued by the Personnel Commission between 2012 and April 2018. An employee may request a

protective order if they have made a disclosure, have been granted protection, and later have been

found to be retaliated against. A protective order directs the Nation’s Human Resources Department

to monitor the actions of the employee’s supervisor. [Source: Personnel Commission,

communication with staff via email 9/17/2018].

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D. Grandfather Clause for Current Protected Employees. Based on data received from the Judiciary and

Personnel Commission, there are a small number of employees who currently have protected status

under the Employee Protection Policy. Therefore, the LOC intends to include a grandfather clause in

the adopting resolution to ensure the following:

 Any individual who has been granted protected status under the Employee Protection Policy shall

maintain his or her protected status, but shall use the provisions found in section 211.5 of the

Whistleblower Protection law for protection from retaliation [see adopting resolution].

E. Comparison Between Employee Protection Policy and Whistleblower Policy. This law repeals and

replaces the Employee Protection Policy with a new Whistleblower Protection Law. Chart 5 illustrates

some of the differences and similarities between the two laws:

Chart 5. Comparison Between Employee Protection Policy and Whistleblower Policy.

Employee Protection

Whistleblower Protection

Policy (Current)

Law (Proposed)

Defines and prohibits

Yes.

retaliation?

Yes, employees are directed to

Directs employees where and

Yes, employees are

make disclosures using the

how to make their disclosures?

directed to make their

anonymous Fraud Hotline or to

disclosures to one of

Internal Audit

several appropriate

agencies.

Allows employees to report

No, employees must

Yes, employees can choose to

anonymously?

disclose their identity in

remain anonymous using the

their written complaint.

Fraud Hotline.

Provides employees with

Yes, employees receive a Yes, employees will receive an

documentation (proof) that they signed and dated receipt. incident number from the

made a disclosure?

hotline or Internal Audit.

No, employees do not receive a

Yes, employees may be

Employees may be granted a

formal designation of

granted formal

formal “protected status” from

“protected status” from the

the agency after submitting their “protected status” from

agency.

an agency.

disclosure?

No, if an employee feels they

Yes, employees who

Allows protected employees to

have been retaliated against,

skip a step in the complaint and have been granted

they must use the normal

protection may appeal

grievance process if they are

directly to the Personnel complaint and grievance

retaliated against?

Commission or Division process in the Personnel

Director if they feel they Policies and Procedures.

have been retaliated

against.

No, employees cannot request a

Employees who have been

Yes, employees who

“protective order.” Employees

retaliated against can request a have been granted

will need to use the normal

“protective order” from the

protection and are later

grievance process in the

Personnel Commission?

retaliated against may

Personnel Policies and

request a “protective

order” directing HRD to Procedures if they are retaliated

against.

monitor the actions of

their supervisor.

277

278

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F. Comparison to other Tribal Nations. A review of whistleblower protection laws from other tribal

nations indicates whistleblower laws are generally brief, one to two page documents that include a few

basic provisions. Some laws, such as those from the Ho Chunk Nation and Seminole Nation, are only

one paragraph long. The Whistleblower laws reviewed typically include the following core

components:

 Ban on retaliation against employees for whistleblowing.

 Direct employees where to make whistleblower disclosures. (For example: Attorney General,

Human Resources Department, Office of Inspector General).

 In addition, some whistleblower laws describe remedies for employees that have been retaliated

against, such as job reinstatement, back pay for lost wages, and damages.

o Oneida’s proposed Whistleblower Law directs employees to use the grievance process in

the Personnel Policies and Procedures, which allows the Area Manager or Personnel

Commission to overturn disciplinary actions, reinstate employees who have been

terminated, and award back pay.

G. Fraud Hotline. The anonymous Fraud Hotline is administered by a third-party vendor (Lighthouse

Services) and is available 24 hours per day, seven days per week. The purpose of the hotline is to

provide a centralized, anonymous way to report issues of fraud, unlawful, unethical and other types of

improper behavior.

 Hotline Process. A report of the call is generated by the third-party vendor, who sends the report

to Internal Audit. Internal Audit reviews all hotline reports and determines whether an investigation

is needed. If necessary, Internal Audit will conduct a confidential investigation. Once Internal

Audit’s investigation is complete, they report their findings to the appropriate entity for further

action, if necessary. For example, the findings could be reported to the Oneida Business Committee,

Oneida Law Office, Human Resources Department, Oneida Police Department or other law

enforcement agency, the Audit Committee, or any other entity of the Nation.

 Hotline Implementation. The Fraud Hotline became effective on December 1, 2018. Training was

provided to employees of the Nation between November 19 – 30, 2018. In addition, Internal Audit

reports that refresher trainings will be offered in the future.

H. Whistleblower Law in Absence of Hotline. This law has been drafted so that if the Fraud Hotline is

ever eliminated in the future, the Whistleblower Protection Law and the protections it provides will still

function. For example, if the hotline is unavailable, employees will still be able to submit disclosures

directly to Internal Audit in writing.

I. Reference to Sanctions and Penalties. This law references sanctions and penalties. The LOC is

currently drafting a Sanctions and Penalties Law to increase accountability among elected and

appointed officials of the Nation. Currently, the only reprimand available for appointed and elected

officials is termination of appointment or removal from office. However, there may be instances of

misconduct that do not rise to the level of removal. In these cases, other sanctions such as verbal

warnings, written warnings, suspension or fines may be more appropriate. The proposed Sanctions and

Penalties law will create a formal complaint process and allow for corrective actions against officials

who violate laws, bylaws and SOPs of the Nation. At the time this analysis was drafted, the LOC intends

to present a Sanctions and Penalties Law to GTC for consideration in the near future.

J. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

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

emergency legislation [see Legislative Procedures Act 1 O.C. 109.6-1].

 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [see Legislative Procedures Act 1 O.C. 109.6-1(a&b)].

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Title 2. Employment – Chapter 211

WHISTLEBLOWER PROTECTION

<shakotiy@=tanunhe> Lotiy%=t<hse> Aolihw@=ke

They will watch over them they the workers on this issue

211.1 Purpose and Policy

211.2 Adoption, Amendment, Repeal

211.3 Definitions

211.4 Disclosure of Information

211.5 Protection from Retaliation

211.1. Purpose and Policy

211.1-1. The purpose of this law is to give protection to employees who give information that is

intended to protect the Nation from fraud, theft or other detrimental effects.

211.1-2. It is the policy of the Oneida Nation to extend protection to employees who act within

this law to protect the Nation's interests.

211.2. Adoption, Amendment, Repeal

211.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

211.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

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

211.2-3. 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.

211.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control, provided that this law repeals the following:

(a) The Employee Protection Policy adopted by emergency pursuant to BC-04-20-95-B,

permanently adopted pursuant to BC-12-06-95-B and subsequently amended pursuant to

BC-01-20-99-B, BC-06-30-04-J, and BC-02-25-15-C.

211.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

211.3. Definitions

211.3-1. This section shall govern the definitions of words as phrases used within this law. All

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

(a) “Employee” means any individual hired by the Nation and on the Nation’s payroll and

encompasses all forms of employment, including but not limited to: full-time, part-time,

at-will, political appointees, and contracted persons.

(b) “Entity” means a department, program, service, board, committee, or commission of

the Nation.

(d) “Official” means an individual elected or appointed to serve on a board, committee, or

commission of the Nation, including the Oneida Business Committee.

211.4. Disclosure of Information

211.4-1. Whistleblowing occurs when an employee discloses information that the employee

reasonably believes provides evidence that protects the Nation from any adverse actions of its

employees that may result in a detrimental effect to the Nation. Adverse action that may result in

a detrimental effect to the Nation includes, but is not limited to:

(a) Any dishonest or fraudulent act;

2 O.C. 211 – Page 1

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(b) Deceptive business practices;

(d) Extortion;

(e) Bribery;

(f) Embezzlement;

(g) Blackmail;

(h) Tampering and/or falsifying records, contracts, or reports;

(i) Forgery;

(j) Misappropriate and/or misuse of the Nation’s funds;

(k) Disclosure of confidential information;

(l) Destruction, removal, or inappropriate use of property of the Nation;

(m) Unsafe working conditions;

(n) Poor management;

(o) Unethical conduct and conduct that violates a law and/or policy of the Nation.

211.4-2. An employee shall be protected from retaliatory action that results from making a

disclosure of information as directed within this law. Retaliatory action includes all action whether

disciplinary or otherwise.

(a) Disciplinary action that may be retaliatory includes, but is not limited to:

(1) dismissal;

(2) demotion;

(3) transfer;

(4) removal of duty;

(5) refusal to restore;

(6) layoff;

(7) furlough;

(8) suspension; and/or

(9) reprimand.

(b) Action other than disciplinary action that may be retaliatory may include, but is not

limited to:

(1) loss of hours;

(2) rescheduling shifts outside of normal shift changes;

(3) change of job requirements without notice;

(4) verbal or physical harassment;

(5) reduction of pay;

(6) denial of educational benefits;

(7) reassignment; and/or

(8) failure to increase base pay.

employee performance shall be excluded from classification as retaliatory action.

211.4-3. An employee shall make a disclosure of information through the:

(a) use of the anonymous Fraud hotline; or

(b) submission of a written disclosure to the Nation’s Internal Audit Department.

211.4-4. Once a disclosure of information is made, the disclosing employee shall be provided an

incident number confirming receipt of the disclosure.

211.4-5. The Internal Audit Department shall then have the authority to review the disclosure and

conduct an investigation and/or an internal audit into the disclosure, if deemed appropriate. Upon

the conclusion of the investigation the Internal Audit Department shall, where necessary, report

2 O.C. 211 – Page 2

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2019 02 13

their findings to an appropriate entity for action to address the findings, including, but not limited

to, the:

(a) Oneida Business Committee;

(b) Oneida Law Office or other legal prosecuting agency;

(d) Oneida Police Department or other law enforcement agency;

(e) Audit Committee; and/or

(f) any other entity of the Nation.

211.5. Protection from Retaliation

211.5-1. If an employee alleges retaliatory action has been threatened or taken based on the

employee’s disclosure of information under this law, the employee may file a complaint for the

retaliatory action in accordance with the grievance procedures provided in the Nation’s laws and

policies governing employment.

211.5-2. The employee shall be protected from the retaliatory action if the following is found:

(a) the employee made a disclosure of information;

(1) The confirmation of disclosure that is provided when information is disclosed,

as well as any resulting findings by the Internal Audit Department, shall be used as

a reference to prove a disclosure of information.

(b) the individual alleged to have taken retaliatory action against the disclosing employee

was aware or became aware the disclosing employee had disclosed information;

disclosure of information.

211.5-3. An individual who is found to have retaliated against an employee who made a disclosure

of information pursuant to this law shall be subject to:

(a) disciplinary action, up to and including termination, pursuant to the Nation’s laws and

policies governing employees, if an employee of the Nation;

(b) sanctions and penalties pursuant to the Nation’s laws and policies governing sanctions

and penalties, if an official of the Nation;

official; and/or

(d) termination of appointment pursuant to the Nation’s laws and policies governing

boards, committees, and commissions, if an appointed official.

End.

Adopted - BC-__-__-__-__

2 O.C. 211 – Page 3

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III.

Financial Impact

Year one startup costs are sunk cost. Expenditures were approximately $16,425 for the

first year of operations and include the contract for the hot line, training, and e-learning

design. If the contract for the hot line remains the same, the total costs over the next 10

years is approximately $47,250.

IV.

Recommendation

Finance Department does not make a recommendation in regards to course of action in

this matter. Rather, it is the purpose of this report to disclose potential financial impact of

an action, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

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Oneida Business Committee Agenda Request

Determine next steps regarding three (3) vacancies with terms ending December 31, 2022 - Oneida N

1. Meeting Date Requested:

02 / 12 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Appointments

Accept as Information only

Action - please describe:

Determine next steps regarding one (1) vacancy term ending December 31, 2022, on the Oneida Nation

Veterans Affairs Committee

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Lee Cornelius BCC Recording Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Three (3) vacancies was posted for the Oneida Nation Veterans Affairs Committee to complete terms ending

December 31, 2022.

The application deadline was January 25, 2019 and three (3) applications were received for the following

applicants:

Michael L. Hill

James Martin

George Greendeer

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

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Oneida Business Committee Agenda Request

Determine next steps regarding one (1) vacancy with term ending February 28, 2020, and three (3) va

1. Meeting Date Requested:

02 / 12 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Appointments

Accept as Information only

Action - please describe:

Determine next steps regarding one (1) vacancy for term ending February 28, 2020, and three (3) vacancies

for terms ending February 28, 2022 - Oneida Pow-wow Committee

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Lee Cornelius BCC Recording Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Four (4) vacancies was posted for the Oneida Pow Wow Committee, One to complete terms ending February 28,

2020 and three (3) term ending February 28, 2022.

The application deadline was January 25, 2019 and nine (9) applications were received for the following

applicants:

Tina Skenandore

Worden Webster

Floyd W. Silas Sr.

Floyd W. Silas Jr.

Vicki Cornelius

Teresa Schuman

Sonny Nacotee

Alva Fiddler

Yasiman Metoxen

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Oneida Business Committee Agenda Request

Determine next steps regarding three (3) vacancies with terms ending February 28, 2022 - Southeaste

1. Meeting Date Requested:

02 / 12 / 19

2. General Information:

Session:

Open

Agenda Header:

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

Appointments

Accept as Information only

Action - please describe:

Determine next steps regarding three (3) vacancies for terms ending February 28, 2022 - Southeastern

Oneida Tribal Services Advisory Board

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Lee Cornelius BCC Recording Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Three (3) vacancies was posted for the Southeastern Wisconsin Oneida Tribal Services Advisory Board, three to

complete terms ending February 28, 2022.

The application deadline was January 25, 2019 and three (3) applications were received for the following

applicants:

Aurthur Elm III

Michael Coleman

Tracie Sparks

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Approve the Febuary

4, 2019,

regular Committee

Finance Committee

minutes

Oneida

Business

Agendameeting

Request

1. Meeting Date Reques

t ed:

/ 12

/ 19

2. General Information:

Session:

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

Agenda Header:

!standing Committees

D Accept as Information only

Ix! Action - please describe:

BC approval of Finance Committee Meeting Minutes of Feb. 4 , 2019

3. Supporting Materials

D Report

Ix! Other:

D Contract

D Resolution

1.1 FC E-Poll approving 2/4/19 Minutes

2.1FC Mtg Minutes of 2/4/19

D Business Committee signature required

4. Budget Information

··)

D Budgeted - �ribal Contribution

D Budgeted - Grant Funded

. D Unbudgeted

5. Submission

Authorized Sponsor/ Liaison:

l�Tri_ sh_K

_ g

_ ,_ T_r_ib_ a_l _Tre

_ r_ __

_ _ as_ u_ re

Primary Requestor:

Denise Vigue, Executive Assistant to the CFO/Finance Administration

Additional Requestor:

_____ _ _ _ ______ __,

Your Name, Title/ Dept. or Tribal Member

Name, Title/ Dept.

Page 1 of2

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MEMORANDUM

TO:

CC:

FR:

DT:

RE:

Finance Committee

Business Committee

Denise Vigue, Executive Assistant

Feb. 5, 2019

E-Poll Results of: FC Meeting Minutes of February 4, 2019

An E-Poll vote of the Finance Committee was conducted to approve the 2/4/19

Finance Committee meeting minutes. The results of the completed E-Poll are as

follows:

E-POLL RESULTS:

There was a Majority 4 Y ES votes from Patrick Stensloff, Jennifer

Webster, Larry Barton, and Daniel Guzman King to approve

the February 4, 2019 Finance C ommittee Meeting Minutes.

The minutes will be placed on the next Business Committee agenda of 2/13/19 for

approval and placed on the next Finance Committee agenda of 2/18/19 to ratify

this E-Poll action.

Per the Finance Committee By-Laws Article III-Meetings; Sect: 3-4 Quorum. Four (4) members of the Finance

Committee shall constitute a quorum. & Sect: 3-6 Voting. (d) The Finance Committee shall act by a majority of vote

of the quorum present at any meeting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

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FINANCE COMMITTEE

FC REGULAR MEETING

Feb. 4, 2019 ▪ Time: 9:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES -DRAFT

FC REGULAR MEETING:

Patricia King, Treasurer/FC Chair

Jennifer Webster, BC Council Member

Chad Fuss, AGGM-Finance (Gam. Alt.)

Larry Barton, CFO/FC Vice-Chair

Daniel Guzman King, BC Council Member

Patrick Stensloff, Purchasing Director

EXCUSED: Shirley Barber, FC Elder Member

OTHERS PRESENT: Kevin Rentmeester, Mark Engel, Andrew Doxtator, Cherie Elm, Timothy D. Ninham,

and Denise J. Vigue taking Minutes

CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:00 A.M.

II.

APPROVAL OF AGENDA: FEBRUARY 4, 2019

Motion by Jennifer Webster to approve the Finance Committee Meeting Agenda of Feb. 4, 2019

with one ADD On under Follow Up. Seconded by Patrick Stensloff. Motion carried unanimously.

III.

APPROVAL OF MINUTES: JANUARY 14, 2019 (Approved via E-Poll on 1/14/19):

Motion by Larry Barton to ratify the FC E-Poll action taken on 1/14/19 approving the 1/14/19

Finance Committee Meeting Minutes. Seconded by Jennifer Webster. Motion carried

unanimously.

IV.

TABLED BUSINESS: None

CAPITAL EXPENDITURES:

Michels Power – ONES Generator Replacement

Jacque Boyle, DPW Operation – Facilities

Amount: $51,997.

Replacement of the Turtle School Generator; item sent out for bids; DPW has a maintenance

contract to upkeep all generators in all buildings; this is BIE funded. SAM.Gov information not in

file, will need to submit that to the Finance Office.

Motion by Larry Barton to approve the Capital Expenditure with Michels Power for the ONES

Generator Replacement in the amount of $51,997.00. Seconded by Jennifer Webster. Motion

carried unanimously.

- Daniel Guzman King arrived at 9:05 A.M.

Unbudgeted: Direct Fitness Solutions

Susan House, Fitness Center

Amount: $39,999.85

The CFO explained the membership fee has been waived for employees and elders; membership

has tripled causing more use on equipment; funding coming from the SFHI savings; old equipment

still usable and will be dispersed to several other areas of the Nation for employee use in

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conjunction with the Nation’s wellness initiatives and HRA requirements for those that need points.

Discussion of unbudgeted items coming to the FC; would be for information only.

Motion by Jennifer Webster to accept as information only the Direct Fitness Solutions unbudgeted

purchase utilizing funds from the Self-Funded Health Insurance savings. Seconded by Patrick

Stensloff. Larry Barton abstained. Motion carried.

Data Financial – 3 NRT QuickJack V4 Dispensing Units

Amount: $130,640.

Andrew Doxtator, Gaming Cage/Vault

Lifecycle replacement of older dispensing units; too much upkeep/maintenance of older units; part

of systematic planning throughout gaming.

Motion by Larry Barton to approve the Capital Expenditure with Data Financial for 3 NRT QuickJack

V4 Dispensing Units in the amount of $130,640.00. Seconded by Jennifer Webster. Motion carried

unanimously.

VI.

COMMUNITY FUND:

REPORT(S):

1. Community Fund Update – Rescind & Approve

Denise J. Vigue, Finance

Motion by Chad Fuss to amend the original action taken on 1/2/19 approving a Community Fund

Request to NWTC for Homeschool Art Program fees in the amount of $142.00 and approve the

original requested amount of $237.60. Seconded by Larry Barton. Motion carried unanimously.

Community Fund Report for February 2019

Denise J. Vigue, Finance

Motion by Jennifer Webster to approve the February 2019 Community Fund report. Seconded by

Chad Fuss. Motion carried unanimously.

REQUESTS:

1. Freedom AA Softball Registration Fees

Amount: $60.

Requestor: Cindy John for daughter, Naleyah

Motion by Larry Barton to approve from the Community Fund the Freedom AA Softball Registration

Fees for the three daughters of the requestor in the amounts of $60.00; $60.00; and $45.00.

Seconded by Patrick Stensloff. Motion carried unanimously.

Freedom AA Softball Registration Fees

Requestor: Cindy John for daughter, Jaydah

- See Action taken in CF Request #1.

Amount: $60.

Amount: $45.

Freedom AA Softball Registration Fees

Requestor: Cindy John for daughter, Mylah

- See Action taken in CF Request #1.

Golf Tournament Entry/Registration Fees

Amount: $500.

Requestor: Shoney Skenandore for son, Jamozzy

Motion by Larry Barton to approve from the Community Fund the youth Golf Tournament

Registration Fees for the son and daughter of the requestor in the amount of $500.00 each

contingent upon receipt of information that there is no cash payouts. Seconded by Patrick

Stensloff. Motion carried unanimously.

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Golf Tournament Entry/Registration Fees

Requestor: Shoney Skenandore for daughter, Skye

- See Action taken in CF Request #4.

Amount: $500.

Green Bay Select Volleyball Club Fees

Amount: $500.

Requestor: Tina Moore for daughter, Hailey

Motion by Jennifer Webster to approve from the Community Fund the Green Bay Select Volleyball

Club fees for the daughter of the requestor in the amount of $500.00. Seconded by Patrick

Stensloff. Motion carried unanimously.

Green Bay Elite Cheer Fees

Amount: $500.

Requestor: Tina Moore for daughter, Ella

Motion by Chad Fuss to approve from the Community Fund the Green Bay Elite Cheer fees for the

daughter of the requestor in the amount of $500.00. Seconded by Larry Barton. Motion carried

unanimously.

Guitar Lessons

Amount: $122.40

Requestor: Rebecca Schommer for son, Joshua

Motion by Jennifer Webster to approve from the Community Fund the fees for guitar lessons for

the son of the requestor in the amount of $122.40. Seconded by Chad Fuss. Motion carried

unanimously.

Oneida Falling Leaves 4-H Club-Youth Educ. Ctr.

Amount: $700.

Requestor: Bill Ver Voort for the 4-H Club

Motion by Larry Barton to approve from the Community Fund the Oneida Falling Leaves 4-H Club’s

request in the amount of $700.00. Seconded by Jennifer Webster. Motion carried unanimously.

10. WorksomeMore Basketball Fees

Amount: $450.

Requestor: Vanessa Miller for son, Javon

Motion by Larry Barton to approve from the Community Fund the WorksomeMore Basketball fees

for the son of the requestor in the amount of $450.00. Seconded by Patrick Stensloff. Motion

carried unanimously.

11. GymAct Gymnastics Fees

Amount: $500.

Requestor: Vashi Cornelius for daughter, Valencia

Motion by Jennifer Webster to approve from the Community Fund the GymAct Gymnastics fees for

the daughter of the requestor in the amount of $500.00. Seconded by Larry Barton. Motion

carried unanimously.

12. Harmony School of Creative Arts-Dance Class Fees

Amount: $500.

Requestor: Vashi Cornelius for daughter, Armonie

Motion by Jennifer Webster to approve from the Community Fund the Harmony School of Creative

Arts dance class fees for the daughter of the requestor in the amount of $500.00. Seconded by

Patrick Stensloff. Motion carried unanimously.

13. YMCA of Highland Lakes -Gymnastics Fees

Requestor: Vashi Cornelius for daughter, Dahlia

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Motion by Larry Barton to approve from the Community Fund the YMCA of Highland Lakes

Gymnastics class fees for the daughter of the requestor in the amount of $500.00. Seconded by

Patrick Stensloff. Motion carried unanimously.

14. 1848 Basketball Registration Fees

Amount: $500.

Requestor: Lisa Raushenbach for son, Miles

Motion by Chad Fuss to approve from the Community Fund the 1848 Basketball registration fees

for the son of the requestor in the amount of $500.00. Seconded by Jennifer Webster. Motion

carried unanimously.

15. YMCA Sports class(es) Fees

Amount: $78.

Requestor: Constance Danforth for son, Niles

Motion by Jennifer Webster to approve from the Community Fund this and the follow two requests

for the son and daughters of the requestor in the amounts of $78.00; $72.00; and $72.00.

Seconded by Chad Fuss. Motion carried unanimously.

16. YMCA Dance & Gymnastics class(es) Fees

Requestor: Constance Danforth for daughter, Lenna

- See Action taken in CF Request #15.

Amount: $72.

17. YMCA Dance & Gymnastics class(es) Fees

Requestor: Constance Danforth for daughter, Taneal

- See Action taken in CF Request #15.

Amount: $72.

18. Green Bay Purple Aces Basketball Fees

Amount: $500.

Requestor: Timothy Ninham for daughter, Imani

Requestor present to explain the personal fulfillment and health benefits for his daughter by taking

part in team sports activities; the family sponsors fundraisers to bring epilepsy awareness to the

community; FC congratulated him and his daughter and recommended he contact Joint Marketing

for raffle items he could use at the fundraisers.

Motion by Larry Barton to approve from the Community Fund the Green Bay Purple Aces

Basketball fees for the daughter of the requestor in the amount of $500.00. Seconded by Chad

Fuss. Motion carried unanimously.

19. WI Wrestling Federation Team Fees

Amount: $500.

Requestor: Elroy King II for daughter, Destiny

Motion by Larry Barton to approve from the Community Fund the Wisconsin Wrestling Federation

team fees for the daughter of the requestor in the amount of $500.00. Seconded by Chad Fuss.

Motion carried unanimously.

20. H.S. Music Class Trip Fees

Amount: $500.

Requestor: Mike Habeck for daughter, Breanna

Motion by Jennifer Webster to approve from the Community Fund the Pulaski High School Music

class trip fees for the daughter of the requestor in the amount of $500.00. Seconded by Larry

Barton. Motion carried unanimously.

21. Great Mother Conference Registration

Requestor: Cherie Elm for son, Quincy

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Requestor was present and explained this is a yearly event that she and her boys take together,

and she has noticed positive changes in the family dynamic and more creativity with the boys; this

is an enrichment experience for her whole family.

Motion by Larry Barton to approve from the Community Fund the Great Mother Conference

Registration fees for the requestor and her two sons in the amount of $500.00 each. Seconded by

Daniel Guzman King. Motion carried unanimously.

VII.

22. Great Mother Conference Registration

Requestor: Cherie Elm for son, Quanah

- See Action taken in CF Request #21.

Amount: $500.

23. Great Mother Conference Registration

Requestor: Cherie Elm

- See Action taken in CF Request #21.

Amount: $500.

NEW BUSINESS:

Professional Bull Riders LLC

Amount: $50,000.

Louise Cornelius, Gaming Administration

Chad Fuss explained this is a joint venture being put forth by Gaming, but costs will be shared via

an intertribal billing with Retail and the Radisson; details of the contract were discussed. Initially

cost was substantially more and involved several tribal nations; it was noted there is no legal

review in the request packet, no cost benefit analysis (ROI), and no written approval from the

Gaming GM.

Motion by Jennifer Webster to approve the Professional Bull Riders LLC contract in the amount of

$50,000.00 contingent upon receiving from Retail, Gaming and the Radisson the ROI expected and

then after the event the actual measured ROI as well as the legal review. Seconded by Daniel

Guzman King. Larry Barton abstained. Motion carried.

VIII.

IX.

EXECUTIVE SESSION: None

FOLLOW UP:

ADD ON: Creation of the Oneida Nation School System Endowment in Accordance with the

Endowments Law

Patricia King, Treasurer

The Treasurer noted this was discussed in the FC work meeting and there was a public hearing, this

is the current version that is complete apart from the dollar amount (lines 136-137) as that will

need to be added by the CFO on the date the BC is to review; asking the FC to approve sending this

to the BC for adoption.

Motion by Jennifer Webster to approve the creation of the Oneida Nation School System

Endowment in Accordance with the Endowments Law and forward to the next BC agenda for

adoption noting that the CFO will provide the dollar amount to the BC when they meet. Seconded

by Chad Fuss. Motion carried unanimously.

FOR INFORMATION ONLY:

Government to Government Service Agreement -Outagamie County

Patricia King, Treasurer

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Motion by Jennifer Webster to accept this item and the following three items as information only.

Seconded by Patrick Stensloff. Motion carried unanimously.

Bally (4) Slot Lease Games

David Emerson, Gaming – Slots

- See Action taken in FIO Request #1.

Bally (2) Slot Lease Games

David Emerson, Gaming – Slots

- See Action taken in FIO Request #1.

Bally – Slot Lease Games Contract Amendment

David Emerson, Gaming – Slots

- See Action taken in FIO Request #1.

XI.

ADJOURN: Motion by Chad Fuss to adjourn. Seconded by Daniel Guzman King. Motion carried

unanimously. Time: 10:08 A.M.

Minutes transcribed by:

Denise Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee-E-Poll Minutes Approval Date:

February 5, 2019

Oneida Business Committee’s FC Minutes Approval Date:

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Oneida Business Committee Agenda Request

Post one (1) vacancy - Oneida Election Board

1. Meeting Date Requested:

/ 12 / 19

2. General Information:

Session:

Open

Agenda Header:

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

New Business

Accept as Information only

Action - please describe:

Post one (1) vacancy for the Oneida Election Board.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Brooke Doxtator, Boards, Committees, and Commissions Supervisor

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

There is a vacancy on the Oneida Election Board due to the resignation of Patricia Lassila.

According to the Election Law:

102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the Business Committee

for the balance of the unexpired term. The filling of a vacancy may be timed to correspond with the pre-election

activities and the needs of the Election Board.

Action requested: Approve request to post one (1) vacancy for the Oneida Election Board.

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

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

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

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Repost seven (7) vacancies

- Oneida Committee

Nation Arts Board

Oneida Business

Agen·da Request

1. Meeting Date Requested:

2. General Information:

Session:

18:1 Open

/ 12

/ 19

D Executive - See instructions for the applicable la w s,then choose one:

Agenda Header: ......N_eI _w_B_u_s_in_e_ss_ __________________�-------�

D Accept as Information only

18:1 Action - please describe:

Repost seven (7) vacancies for the Oneida Nation ArtsBoard.

3. Supporting Materials

D Report

D Other:

D Contract

D Resolution

D Business Committee signature required

4. Budget Information

D Budgeted - Tribal Contribution

D Budgeted - _Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

J......L _is _a _Su_ m__ m_e_rs,__ S _ec_ r _eta__ ry__________________�

Primary Requestor/Submitter:

Lee Cornelius,BCC Recording Clerk

Additional Requestor:

Your Name, Title/ Dept. or Tribal Member

Name, Title/ Dept.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.