Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, December 08, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

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

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

NOTICE

Effective August 20, 2021, the Norbert Hill Center Administrative Offices are closed to the public;

this include OBC meetings. Any person who has comments or questions regarding open session

items may submit them via e-mail to the OBC at secretary@oneidanation.org no later than the

close of business the day before the OBC meeting. Any comments or questions received shall be

noticed to the OBC and entered into the record as a handout by the BC Support Office. The

meeting will also be conducted using Microsoft Teams, please contact the BC Support Office at

920-869-4364 for instructions on how to join virtually.

The decision to close Norbert Hill Center Administrative Offices to the public is due to both the

rise in COVID-19 cases throughout both Brown and Outagamie Counites, as well as to ensure

compliance with protocols relating to public access to the Oneida Nation High School.

I.

CALL TO ORDER

II.

OPENING

A.

Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc.

Sponsor: David P. Jordan, Councilman

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

A.

Oneida Land Claims Commission - Kerry Kennedy and Chris Cornelius

Sponsor: Lisa Liggins, Secretary

B.

Oneida Nation School Board - Sylvia Cornelius

Sponsor: Lisa Liggins, Secretary

C.

Oneida Police Commission - Beverly Anderson

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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December 08, 2021

Public Packet

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MINUTES

A.

VI.

VII.

Approve the November 24, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

A.

Adopt resolution entitled Adoption of the Oneida General Welfare Law

Sponsor: David P. Jordan, Councilman

B.

Adopt resolution entitled Increasing the Oneida Nation Minimum Wage to $15.00 Per

Hour

Sponsor: Marie Summers, Councilwoman

C.

Adopt resolution entitled Updating Public Gathering Guidelines During Public Health

State of Emergency - COVID-19

Sponsor: Jo Anne House, Chief Counsel

STANDING COMMITTEES

A.

LEGISLATIVE OPERATING COMMITTEE

1.

VIII.

Accept the November 17, 2021, Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

STANDING ITEMS

A.

ARPA FRF Updates and Requests/Proposals

1.

Accept the Building Demolitions status report - CIP # 07-009

Sponsor: Mark W. Powless, General Manager

2.

Accept the 2021 Pandemic Relief Food Card Distribution report

Sponsor: Mark W. Powless, General Manager

3.

Adopt resolution entitled Extension of the Oneida Nation Vaccination

Incentive Program for Oneida Nation Members

Sponsor: Mark W. Powless, General Manager

4.

Adopt resolution entitled Obligation for the Oneida Nation Student Relief

Fund, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds Lost

Revenue

Sponsor: Mark W. Powless, General Manager

5.

Discussion regarding the ARPA FRF LR Higher Education program, Food Gift

Cards, and Vaccine Incentive programs

Sponsor: Michael Debraska/Tribal member and Nancy Barton/Tribal member

Oneida Business Committee

Regular Meeting Agenda

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December 08, 2021

Public Packet

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TRAVEL REPORTS

A.

X.

XI.

Approve the travel report - Vice-Chairman Brandon Stevens - Global Gaming Expo

2021 - Las Vegas, NV - October 5-6, 2021

Sponsor: Brandon Stevens, Vice-Chairman

NEW BUSINESS

A.

Review the sponsorship request and determine next steps - Holy Apostles Episcopal

Church

Sponsor: Jennifer Webster, Councilwoman

B.

Review request for exception to the virtual meetings requirement per resolution #

BC-04-14-21-B and determine next steps

Sponsor: Carole Liggins, Chair/Oneida Nation Commission on Aging

C.

Approve a limited waiver of sovereign immunity - Modio Health Inc. licensing

agreement - file # 2021-0779

Sponsor: Mark W. Powless, General Manager

D.

Accept the Stroke Prevention in the Wisconsin Native American Population quarterly

report as information

Sponsor: Mark W. Powless, General Manager

REPORTS

A.

CORPORATE BOARDS

1.

Accept the Bay Bancorporation Inc. FY-2021 4th quarter report

Sponsor: Jeff Bowman, President/Bay Bank

2.

Accept the Oneida Airport Hotel Corporation FY-2021 4th quarter report

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

3.

Accept the Oneida ESC Group, LLC FY-2021 4th quarter report

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

4.

Accept the Oneida Golf Enterprise FY-2021 4th quarter report

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Oneida Business Committee

Regular Meeting Agenda

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December 08, 2021

Public Packet

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EXECUTIVE SESSION

A.

B.

REPORTS

1.

Accept the Bay Bancorporation, Inc. 2021 dividend report

Sponsor: David P. Jordan, Councilman

2.

Accept the Bay Bancorporation Inc. FY-2021 4th quarter executive report

(1:30 p.m.)

Sponsor: Jeff Bowman, President/Bay Bank

3.

Accept the Oneida Airport Hotel Corporation FY-2021 4th quarter executive

report (2:00 p.m.)

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

4.

Accept the Oneida ESC Group, LLC FY-2021 4th quarter executive report (2:30

p.m.)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

5.

Accept the Oneida Golf Enterprise FY-2021 4th quarter executive report (3:00

p.m.)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

6.

Accept the General Manager report

Sponsor: Mark W. Powless, General Manager

7.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

AUDIT COMMITTEE

1.

Accept the October 21, 2021, Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

2.

Accept the Gaming Machines (Slots) compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

3.

Accept the Surveillance compliance audit and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

4.

Accept the Cage/Vault/Kiosk year end compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

5.

Accept the Gaming Machines (Slots) year end compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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December 08, 2021

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C.

NEW BUSINESS

1.

XIII.

Review and discuss the $15.00 per hour minimum wage impact reports

Sponsor: Marie Summers, Councilwoman

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 5 of 5

December 08, 2021

Public Packet

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Oneida Business Committee Agenda Request

Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc.

1. Meeting Date Requested:

12 / 08 / 21

2. General Information:

Session:

Open

Agenda Header:

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

Announcement/Recognition

Accept as Information only

Action - please describe:

Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Memo from Baybank

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Rhiannon Metoxen, Executive Assistant

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc.

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

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

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

Page 2 of 2

Public Packet

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Oneida Land Claims Commission - Kerry Kennedy and Chris Cornelius

Business Committee Agenda Request

1. Meeting Date Requested:

12/08/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

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Oneida Nation

Business Committee Support Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

November 30, 2021

RE:

Oath of Office – Oneida Land Claims Commission

Background

On November 24, 2021 the Oneida Business Committee appointed Kerry Kennedy and

Chris Cornelius to the Oneida Land Claims Commission.

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

Public Packet

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Oneida Nation School Board - Sylvia Cornelius

Business Committee Agenda Request

1. Meeting Date Requested:

12/08/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

Public Packet

11 of 151

Oneida Nation

Business Committee Support Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

November 30, 2021

RE:

Oath of Office – Oneida Nation School Board

Background

On November 24, 2021 the Oneida Business Committee appointed Sylvia Cornelius to the

Oneida Nation School Board.

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

Public Packet

12 of 151

Oneida Police Commission - Beverly Anderson

Business Committee Agenda Request

1. Meeting Date Requested:

12/08/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

Public Packet

13 of 151

Oneida Nation

Business Committee Support Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

November 30, 2021

RE:

Oath of Office – Oneida Police Commission

Background

On November 24, 2021 the Oneida Business Committee appointed Beverly Anderson to the

Oneida Police Commission.

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

Public Packet

14 of 151

Approve the November 24, 2021, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

12/08/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

Public Packet

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DRAFT

Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, November 24, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth (via

Microsoft Teams1), Secretary Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan,

Jennifer Webster;

Not Present: n/a

Arrived at: Councilman Kirby Metoxen at 8:56 a.m., Councilwoman Marie Summers at 8:46 a.m. (via

Microsoft Teams);

Others present: Jo Anne House, Larry Barton, Melinda J. Danforth (via Microsoft Teams), Mark W.

Powless, Brooke Doxtator, Clorissa Santiago, Raeann Skenandore (via Microsoft Teams), Amy Spears

(via Microsoft Teams), Geraldine Danforth (via Microsoft Teams), Eric Boulanger (via Microsoft Teams),

Candice Skenandore (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Todd VanDen

Heuvel (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Nancy Barton (via Microsoft

Teams), Vanessa Miller (via Microsoft Teams), Joshua Cottrell (via Microsoft Teams), Wendy Alvarez (via

Microsoft Teams), Mike Debraska (via Microsoft Teams), Mary Graves (via Microsoft Teams), Jessica

Vandekamp (via Microsoft Teams), Carmen Vanlanen (via Microsoft Teams), Danelle Wilson (via

Microsoft Teams), Lisa Summers (via Microsoft Teams), Kristen Hooker (via Microsoft Teams), Debra

Powless (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Debra Danforth (via Microsoft

Teams), Melanie Burkhart (via Microsoft Teams), Lori Hill (via Microsoft Teams), Nic Reynolds (via

Microsoft Teams), Jacqueline Smith (via Microsoft Teams), Lori Elm (via Microsoft Teams), Nicole

Rommel (via Microsoft Teams), Ralinda Ninham-Lamberies (via Microsoft Teams), Eric Bristol (via

Microsoft Teams), Loucinda Conway (via Microsoft Teams), Katsi Danforth (via Microsoft Teams),

Michelle Danforth-Anderson (via Microsoft Teams), Renita Hernandez (via Microsoft Teams), Shane

Archiquette (via Microsoft Teams);

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:38 a.m.

For the record: Councilman Kirby Metoxen has a personal appointment and will be arriving a few

minutes late. Councilwoman Marie Summers is having technical issues with Microsoft Teams and will

be joining a few minutes late.

II.

OPENING (00:00:11)

Opening provided by Chairman Tehassi Hill.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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Regular Meeting Minutes

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November 24, 2021

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III.

ADOPT THE AGENDA (00:03:48)

Motion by Jennifer Webster to adopt the agenda with three (3) changes [1) under the Travel Requests

section, add item entitled "Approve the travel request - Councilman Daniel Guzman King - 2021

Intertribal Agriculture Council (IAC) Annual Conference - Las Vegas, NV - December 7-9, 2021"; 2)

after the Executive Session/Reports section, add a sub-section entitled "Audit Committee" and an item

entitled "Accept the Audit Committee FY-2021 4th quarter report"; and 3) under the Executive

Session/New Business section, add an item entitled "Accept the resignation of DR16 and determine

next steps"], seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Not Present:

Kirby Metoxen, Marie Summers

IV.

OATH OF OFFICE (00:05:48)

Oath of office administered by Secretary Lisa Liggins. Geraldine Danforth was present via Microsoft

Teams.

A.

V.

Oneida Trust Enrollment Committee - Geraldine Danforth

Sponsor: Lisa Liggins, Secretary

MINUTES

A.

Approve the November 5, 2021, special Business Committee meeting minutes

(00:07:46)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to approve the November 5, 2021, special Business Committee meeting

minutes, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Not Present:

Kirby Metoxen, Marie Summers

B.

Approve the November 10, 2021, regular Business Committee meeting minutes

(00:08:14)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the November 10, 2021, regular Business Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Not Present:

Kirby Metoxen, Marie Summers

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

VI.

RESOLUTIONS

A.

Adopt resolution entitled Emergency Amendments to the Oneida Personnel

Policies and Procedures - Selection Policy (00:08:44)

Sponsor: David P. Jordan, Councilman

Councilwoman Marie Summers arrived at 8:46 a.m.

Councilman Kirby Metoxen arrived at 8:56 a.m.

Motion by Brandon Stevens to adopt resolution 11-24-21-A Emergency Amendments to the Oneida

Personnel Policies and Procedures - Selection Policy, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Kirby Metoxen

B.

Adopt resolution entitled Oneida Nation American Rescue Plan Act of 2021 Bureau

of Indian Affairs Law Enforcement Special Initiatives Spending Plan (00:23:44)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Lisa Liggins to adopt resolution 11-24-21-B Oneida Nation American Rescue Plan Act of

2021 Bureau of Indian Affairs Law Enforcement Special Initiatives Spending Plan, seconded by David

P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

C.

Adopt resolution entitled Oneida Nation American Rescue Plan Act of 2021 Bureau

of Indian Affairs Aid to Tribal Government Spending Plan (00:28:59)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Liggins to adopt resolution 11-24-21-C Oneida Nation American Rescue Plan Act of

2021 Bureau of Indian Affairs Aid to Tribal Government Spending Plan, seconded by David P. Jordan.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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Regular Meeting Minutes

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November 24, 2021

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D.

Adopt resolution entitled Oneida Comprehensive Health Division American

Rescue Plan Act of 2021 Indian Health Service Spending Plan (00:32:03)

Sponsor: Jennifer Webster, Councilwoman

Treasurer Tina Danforth left at 9:18 a.m.

Councilman Daniel Guzman King left 9:21 a.m.

Treasurer Tina Danforth returned at 9:22 a.m.

Motion by Jennifer Webster to adopt resolution 11-24-21-D Oneida Comprehensive Health Division

American Rescue Plan Act of 2021 Indian Health Service Spending Plan, seconded by Brandon

Stevens. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers, Jennifer Webster

Not Present:

Daniel Guzman King

E.

Adopt resolution entitled Amending the Approved Purposes provided in BC

resolution # 06-09-21-A Approval of Use of Economic Development, Diversification

and Community Development Fund for Transfer of $2.4 Million to the Oneida Land

Commission (00:48:04)

Sponsor: Amy Spears, Strategic Planner

Councilman Daniel Guzman King returned 9:29 a.m.

Motion by Kirby Metoxen to adopt resolution 11-24-21-E Amending the Approved Purposes provided in

BC resolution # 06-09-21-A Approval of Use of Economic Development, Diversification and Community

Development Fund for Transfer of $2.4 Million to the Oneida Land Commission, seconded by Jennifer

Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

F.

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until January 23, 2022 (00:57:36)

Sponsor: Tehassi Hill, Chairman

Motion by David P. Jordan to adopt resolution 11-24-21-F Extension of Declaration of Public Health

State of Emergency Until January 23, 2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Marie Summers, Jennifer Webster

Abstained:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

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VII.

APPOINTMENTS

A.

Determine next steps regarding three (3) vacancies - Oneida Land Claims

Commission (01:20:09); (02:17:22)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer items VII.A., VII.B., and VII.C. until after executive session, seconded

by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Item VII.B was address next.

Treasurer Tina Danforth left at 12:32 p.m.

Motion by Lisa Liggins to accept the selected the applicants, to appoint Kerry Kennedy to the Oneida

Land Claims Commission with a term ending July 31, 2023, to appoint Chris J. Cornelius to the Oneida

Land Claims Commission with a term ending July 21, 2024 (1), and to request the Secretary to renotice the vacancy, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Marie Summers

Treasurer Tina Danforth returned at 12:33 p.m.

Item VII.B. was re-addressed next.

B.

Determine next steps regarding four (4) vacancies - Oneida Nation School Board

(01:20:09); (02:18:27)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer items VII.A., VII.B., and VII.C. until after executive session, seconded

by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Item VII.C. was addressed next.

Motion by Lisa Liggins to accept the selected applicant, to appoint Sylvia Cornelius to the Oneida

Nation School Board with a term ending July 31, 2023, and to request the Secretary to re-notice the

vacancies, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Item VII.C. was re-addressed next.

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Regular Meeting Minutes

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DRAFT

C.

Determine next steps regarding one (1) vacancy - Oneida Police Commission

(01:20:09); (02:19:01)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to defer items VII.A., VII.B., and VII.C. until after executive session, seconded

by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Item VIII.A.1. was addressed next.

Motion by Lisa Liggins to accept the selected applicant and appoint Beverly Anderson to the Oneida

Police Commission with a term ending July 31, 2025, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Item XIV.A.1. was addressed next.

VIII.

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

Accept the November 1, 2021, regular Finance Committee meeting minutes

(01:20:51)

Sponsor: Tina Danforth, Treasurer

Motion by Lisa Liggins to accept the November 1, 2021, regular Finance Committee meeting minutes,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

2.

Accept the November 15, 2021, regular Finance Committee meeting minutes

(01:21:43)

Sponsor: Tina Danforth, Treasurer

Motion by Lisa Liggins to accept the November 15, 2021, regular Finance Committee meeting minutes,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Oneida Business Committee

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B.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the November 3, 2021, regular Legislative Operating Committee meeting

minutes (01:22:09)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the November 3, 2021, regular Legislative Operating Committee

meeting minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

IX.

STANDING ITEMS

A.

X.

ARPA FRF Updates and Requests/Proposals (none)

TRAVEL REQUESTS

A.

Approve the travel request - Treasurer Tina Danforth - Native American Financial

Officers Association December Board Meeting - Phoenix, AZ - December 1-3, 2021

(01:27:16)

Sponsor: Tina Danforth, Treasurer

Motion by Jennifer Webster to approve the travel request for Treasurer Tina Danforth to attend the

Native American Financial Officers Association (NAFOA) December Board Meeting in Phoenix, AZ December 1-3, 2021, noting this travel request is being funded by NAFOA, seconded by Lisa Liggins.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

B.

Enter the e-poll results into the record regarding the approved travel request for

Chairman Hill and Vice-Chairman Stevens to attend White House Staff meetings

and the Celebration of 2021 NBA Champion Milwaukee Bucks - Washington DC November 7-9, 2021 (01:28:06)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the approved travel

request for Chairman Hill and Vice-Chairman Stevens to attend White House Staff meetings and the

Celebration of 2021 NBA Champion Milwaukee Bucks - Washington DC - November 7-9, 2021,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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C.

Approve the travel request - Councilman Daniel Guzman King - 2021 Intertribal

Agriculture Council (IAC) Annual Conference - Las Vegas, NV - December 7-9,

2021 (01:28:45)

Sponsor: Daniel Guzman King, Councilman

For the record: Councilwoman Jennifer Webster stated I just have a concern that people aren't coming

to work here and they want to go out on travel. I, I just, I think people need to start coming to work,

especially for the Business Committee. You know on a daily basis there's four people here and it's just

not appropriate. We're held to a higher standard and I just think our Business Committee needs to start

to come to work. For the most part, when we are here working, and Mike [Debraska, Tribal Member],

there is a lot of work getting done just so you know, but when we're here at work, we're in our offices,

so for me, I'm feeling safe because very few people come into my office. You know, Retail has to get

up, get dressed, and go to work. Gaming has to get up, get dressed, and go to work. I just think the

Business Committee should be doing that as well and that can be for the record.

Motion by Kirby Metoxen to approve the travel request for Councilman Daniel Guzman King to attend

the 2021 Intertribal Agriculture Council (IAC) Annual Conference in Las Vegas, NV - December 7-9,

2021, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, David P. Jordan, Lisa Liggins, Kirby Metoxen, Brandon

Stevens, Marie Summers, Jennifer Webster

Abstained:

Daniel Guzman King

For the record: Councilwoman Jennifer Webster stated support [the travel request] with comment that

if you can travel, you should be able to come to work as well. Thank you.

XI.

NEW BUSINESS

A.

Approve a limited waiver of sovereign immunity - Brown County Solid Waste

Management Services agreement - file # 2021-0762 (01:33:19)

Sponsor: Mark W. Powless, General Manager

Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the Brown County

Solid Waste Management Services agreement - file # 2021-0762, seconded by David P. Jordan.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

B.

Accept the FY-2022 workforce level report pursuant to resolution # BC-09-22-231-E

(01:33:54)

Sponsor: Todd VanDen Heuvel, Executive HR Director

Motion by Jennifer Webster to accept the FY-2022 workforce level report pursuant to resolution # BC09-22-21-E, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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C.

Enter the e-poll results into the record regarding the authorization for the

Chairman to sign and submit the consultation letter to the U.S. Department of the

Interior relating to the Protection and Restoration of Tribal Homelands (01:34:33)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the authorization for the

Chairman to sign and submit the consultation letter to the U.S. Department of the Interior relating to the

Protection and Restoration of Tribal Homelands, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

XII.

REPORTS

A.

OPERATIONAL

1.

Accept the Comprehensive Health Division FY-2021 4th quarter report

(01:36:03)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the Comprehensive Health Division FY-2021 4th quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

2.

Accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 4th quarter report (01:36:34)

Sponsor: Mark W. Powless, General Manager

Motion by Jennifer Webster to accept the Environmental, Health, Safety, Land and Agriculture Division

FY- 2021 4th quarter report, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

3.

Accept the Governmental Services Division FY-2021 4th quarter report

(01:46:46)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the Governmental Services Division FY-2021 4th quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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4.

Accept the Public Works Division FY-2021 4th quarter report (01:52:10)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to accept the Public Works Division FY-2021 4th quarter report, seconded

by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Motion by Marie Summers to direct the General Manager to bring back to the December 8, 2021,

regular Business Committee meeting agenda an open session update regarding the use of the

Economic Development, Diversification and Community Development Funds provided to

Comprehensive Housing in resolution # BC-06-09-21-A, seconded by Lisa Liggins. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Marie Summers, Jennifer Webster

Abstained:

Brandon Stevens

5.

Accept the Management Information Systems FY-2021 4th quarter report

(02:02:13)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to accept the Management Information Systems FY-2021 4th quarter

report, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

6.

Accept the Tribal Action Plan FY-2021 4th quarter report (02:02:42)

Sponsor: Mark W. Powless, General Manager

Motion by Jennifer Webster to accept the Tribal Action Plan FY-2021 4th quarter report, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

7.

Accept the Big Bear Media FY-2021 4th quarter report (02:04:45)

Sponsor: Mark W. Powless, General Manager

Motion by Jennifer Webster to accept the Big Bear Media FY-2021 4th quarter report, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

8.

Accept the Education and Training FY-2021 4th quarter report (02:05:17)

Sponsor: Mark W. Powless, General Manager

Motion by Kirby Metoxen to accept the Education and Training FY-2021 4th quarter report, seconded

by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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9.

Accept the Grants FY-2021 4th quarter report (02:06:02)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to accept the Grants FY-2021 4th quarter report, seconded by Jennifer

Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

B.

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

1.

Accept the Anna John Resident Centered Care Community Board FY-2021 4th

quarter report (02:06:37)

Sponsor: Kristen Jorgenson-Dann, Chair/Anna John Resident Centered Care

Community Board

Motion by David P. Jordan to accept the Anna John Resident Centered Care Community Board FY2021 4th quarter report, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

2.

Accept the Oneida Nation Arts Board FY-2021 4th quarter report (02:07:05)

Sponsor: Kelli Strickland, Chair/Oneida Nation Arts Board

Motion by David P. Jordan to accept the Oneida Nation Arts Board FY-2021 4th quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

3.

Accept the Oneida Police Commission FY-2021 4th quarter report (02:07:37)

Sponsor: Richard VanBoxtel, Chair/Oneida Police Commission

Motion by David P. Jordan to accept the Oneida Police Commission FY-2021 4th quarter report,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

C.

ELECTED BOARDS, COMMITTEES, COMMISSIONS

1.

Accept the Oneida Election Board FY-2021 4th quarter report (02:08:08)

Sponsor: Pamela Nohr, Chair/Oneida Election Board

Motion by Jennifer Webster to accept the Oneida Election Board FY-2021 4th quarter report, seconded

by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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2.

Accept the Oneida Gaming Commission FY-2021 4th quarter report (02:08:34)

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Motion by David P. Jordan to accept the Oneida Gaming Commission FY-2021 4th quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

3.

Accept the Oneida Land Commission FY-2021 4th quarter report (02:09:04)

Sponsor: Becky Webster, Chair/Oneida Land Commission

Motion by Jennifer Webster to accept the Oneida Land Commission FY-2021 4th quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

4.

Accept the Oneida Nation School Board FY-2021 4th quarter report (02:09:37)

Sponsor: n/a

Motion by Jennifer Webster to accept the Oneida Nation School Board FY-2021 4th quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,

Marie Summers, Jennifer Webster

Abstained:

Tina Danforth, Kirby Metoxen

5.

Accept the Oneida Trust Enrollment Committee FY-2021 4th quarter report

(02:11:06)

Sponsor: Jennifer Webster, Councilwoman

Motion by Jennifer Webster to accept the Oneida Trust Enrollment Committee FY-2021 4th quarter

report, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

D.

STANDING COMMITTEES

1.

Accept the Community Development Planning Committee FY-2021 4th quarter

report (02:11:44)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to accept the Community Development Planning Committee FY-2021 4th

quarter report, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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2.

Accept the Finance Committee FY-2021 4th quarter report (02:12:20)

Sponsor: Tina Danforth, Treasurer

Motion by Kirby Metoxen to accept the Finance Committee FY-2021 4th quarter report, seconded by

David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

3.

Accept the Legislative Operating Committee FY-2021 4th quarter report

(02:12:47)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the Legislative Operating Committee FY-2021 4th quarter report,

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

4.

Accept the Quality of Life Committee FY-2021 4th quarter report (02:13:14)

Sponsor: Marie Summers, Councilwoman

Motion by Jennifer Webster to accept the Quality of Life Committee FY-2021 4th quarter report,

seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

E.

OTHER

1.

Accept the Oneida Youth Leadership Institute Board FY-2021 4th quarter report

(02:13:42)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to accept the Oneida Youth Leadership Institute Board FY-2021 4th quarter

report, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

XIII.

GENERAL TRIBAL COUNCIL

A.

Determine next steps regarding the January 9, 2022, tentatively scheduled annual

General Tribal Council meeting (02:14:15)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to cancel the January 9, 2022, tentatively scheduled annual General Tribal

Council meeting, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

For the record: Treasurer Tina Danforth stated we need to look at doing a virtual meeting. I know

there's a small survey going out, but aside from a survey, we still need to look to that end and, unless

we're going to have it in person meeting, very soon. Thank you.

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XIV.

EXECUTIVE SESSION (02:16:07)

Motion by David P. Jordan to go into executive session at 10:54 a.m., seconded by Brandon Stevens.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

The Oneida Business Committee, by consensus, took a 5 minutes break at 10:55 a.m.

Meeting called to order by Chairman Tehassi Hill at 11:01 a.m.

Roll call for the record:

Present: Treasurer Tina Danforth (via Microsoft Teams); Councilman Daniel Guzman King;

Chairman Tehassi Hill; Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby

Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Marie Summers (via Microsoft Teams);

Councilwoman Jennifer Webster;

Councilman Kirby Metoxen left at 11:04 a.m.

Councilman Kirby Metoxen returned 11:05 a.m.

Councilman David P. Jordan left 12:12 p.m.

Vice-Chairman Brandon Stevens left 12:12 p.m.

Councilman David P. Jordan returned 12:13 p.m.

Vice-Chairman Brandon Stevens returned 12:14 p.m.

Councilwoman Marie Summers left at 12:30 p.m.

Motion by Daniel Guzman King to come out of executive session at 12:31 p.m., seconded by David P.

Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Item VII.A. was re-addressed next.

A.

REPORTS

1.

Accept the October 2021 Treasurer's report (02:19:40)

Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the October 2021 Treasurer's report, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

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2.

Accept the Joint Marketing FY-2021 4th quarter report (02:19:58)

Sponsor: Debra Powless, Retail General Manager

Motion by Jennifer Webster to accept the Joint Marketing FY-2021 4th quarter report, seconded by

David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

3.

Accept the Intergovernmental Affairs, Communications, and Self-Governance

October 2021 report (02:20:17)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Treasurer Tina Danforth left at 12:35 p.m.

Motion by David P. Jordan to accept the Intergovernmental Affairs, Communications, and SelfGovernance October 2021 report, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Marie Summers

Treasurer Tina Danforth returned at 12:36 p.m.

Motion by David P. Jordan to approve amendment #8 to the Nation’s FY 2017 Funding Agreement and

authorize the Chairman to sign the amendment and letter to the IHS, and to direct Self Governance to

work with Comprehensive Health Division and Accounting to pay the IHS the overpayment of Contract

Support Costs in the amount of $17,603, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

4.

Accept the General Manager report (02:21:17)

Sponsor: Mark W. Powless, General Manager

Motion by Kirby Metoxen to accept the General Manager report, seconded by Jennifer Webster.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

5.

Accept the Chief Counsel report (02:21:27)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Item XIV.C.1. was addressed next.

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B.

AUDIT COMMITTEE

1.

Accept the Audit Committee FY-2021 4th quarter report (02:22:52)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Audit Committee FY-2021 4th quarter report, seconded by David

P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Item XV. was address next.

C.

NEW BUSINESS

1.

Review application(s) for three (3) vacancies - Oneida Land Claims Commission

(02:21:45)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to accept the discussion as information regarding the applications for the

Oneida Land Claims Commission, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

2.

Review application(s) for four (4) vacancies - Oneida Nation School Board

(02:21:59)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to accept the discussion as information regarding the application for the

Oneida Nation School Board, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

3.

Review application(s) for one (1) vacancy - Oneida Police Commission

(02:22:14)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to accept the discussion as information regarding the application for the

Oneida Police Commission, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

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4.

Accept the resignation of DR16 and determine next steps (02:22:30)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to accept the notice of resignation from DR16 dated November 18, 2021

and to forward the rest of discussion to a BC work session, seconded by Jennifer Webster. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Item XIV.B.1. was addressed next.

XV.

ADJOURN (02:23:05)

Motion by Daniel Guzman King to adjourn at 12:38 p.m., seconded by Brandon Stevens. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Marie Summers

Minutes prepared by Lisa Liggins, Secretary.

Minutes approved as presented on

.

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

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Oneida Business Committee Agenda Request

Adopt resolution entitled Adoption of the Oneida General Welfare Law

1. Meeting Date Requested:

12 / 08 / 21

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt the resolution entitled, "Adoption of the Oneida General Welfare Law"

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption Memo

3. Legislative Analysis & Fiscal Impact Statement

2. Statement of Effect

4. Draft

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # _____________

Adoption of the Oneida General Welfare 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 Oneida General Welfare law (“the Law”) is to govern how the Nation

provides assistance to eligible members on a non-taxable basis, pursuant to the principles

of the General Welfare Exclusion; and

WHEREAS,

in August 2020, the Law was first adopted by the Oneida Business Committee on an

emergency basis through resolution BC-08-12-20-D to provide a mechanism to address

the economic needs of members of the Nation during the COVID-19 pandemic by providing

a framework and guidelines for the Nation to establish and operate approved programs

which provide assistance to eligible members to promote the general welfare of the Nation,

including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment; and

WHEREAS,

in February 2021, emergency amendments to the Law were then adopted by the Oneida

Business Committee through resolution BC-02-10-21-B for the purpose of addressing how

an approved program would be adopted by the Oneida Business Committee in an effort to

allow for more flexibility and efficiency in addressing the needs of the Nation; and

WHEREAS,

on July 28, 2021, the Oneida Business Committee extended the emergency amendments

to this Law for an additional six (6) month period through the adoption of resolution BC-0728-21-M; and

WHEREAS,

the Law is now ready for permanent adoption by the Oneida Business Committee; and

WHEREAS,

the Law provides a framework for the Nation to develop approved programs to provide

assistance to members on a non-taxable basis in an effort to promote the general welfare

while ensuring compliance with the General Welfare Exclusion, 26 U.S.C. §139E, and

applicable Internal Revenue Service regulations or revenue procedures including I.R.S.

Rev. Proc. 2014-35, and that all assistance provided under this Law:

 is available to any recipients who satisfy the program policies, subject to budgetary

restraints;

 is made under an approved program that does not discriminate in favor of members of

the Nation’s governing body;

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BC Resolution # _______

Adoption of the Oneida General Welfare Law

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is not provided as compensation for goods and/or services; and

is not lavish or extravagant under the facts and circumstances, as determined by the

Oneida Business Committee; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was not held in accordance with the Legislative

Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

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

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

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

23, 2022, by the Oneida Business Committee through the adoption of resolutions BC-0328-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A and BC-1124-21-F; and

WHEREAS,

Oneida Business Committee resolution BC-08-03-21-A, Setting Public Gathering

Guidelines during Public Health State of Emergency—COVID-19, prohibits indoor and

outdoor public gatherings when the COVID-19 infection rates within Brown or Outagamie

Counties exceed “Low” as identified by the Wisconsin Department of Health Services; and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period for the duration of the Public Health State of Emergency, but

allows members of the community to still participate in the legislative process by submitting

written comments, questions, data, or input on proposed legislation to the Legislative

Operating Committee via e-mail during the public comment period; and

WHEREAS,

although a public meeting was not held for this proposed Law, the public comment period

for this Law was held open until October 13, 2021, and no individuals submitted written

comments during the public comment period; and

NOW THEREFORE BE IT RESOLVED, that the Oneida General Welfare law is hereby adopted and shall

become effective on December 22, 2021.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Adoption of the Oneida General Welfare Law

Summary

This resolution adopts the Oneida General Welfare law on a permanent basis.

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

Date: November 24, 2021

Analysis by the Legislative Reference Office

This resolution adopts the Oneida General Welfare law on a permanent basis. The purpose of the

Oneida General Welfare law is to govern how the Nation provides assistance to eligible members

on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion. [10 O.C.

1001.1-1]. The Oneida General Welfare law will provide a framework for the Nation to develop

approved programs to provide assistance to members on a non-taxable basis in an effort to promote

the general welfare while ensuring compliance with the General Welfare Exclusion, 26 U.S.C.

§139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.

Rev. Proc. 2014-35, and that all assistance provided under this law:

 is available to any recipients who satisfy the program policies, subject to budgetary

restraints;

 is made under an approved program that does not discriminate in favor of members of the

Nation’s governing body;

 is not provided as compensation for goods and/or services; and

 is not lavish or extravagant under the facts and circumstances, as determined by the Oneida

Business Committee.

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 requires that for all proposed legislation both a legislative and fiscal analysis

be developed. [1 O.C. 109.6 and 109.7]. The Oneida General Welfare law complies with these

requirements.

The LPA also requires that there be an opportunity for public review during a public meeting and

public comment period. [1 O.C. 109.8]. A public meeting for the Oneida General Welfare law was

not held due to the COVID-19 pandemic. In accordance with the Emergency Management and

Homeland Security law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of

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

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

Emergency for the Nation has since been extended until January 23, 2022, by the Oneida Business

Committee through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-

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09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B,

BC-07-28-21-N, BC-09-22-21-A, and BC-11-24-21-F.

Oneida Business Committee resolution BC-08-03-21-A, Setting Public Gathering Guidelines

during Public Health State of Emergency—COVID-19, prohibits indoor and outdoor public

gatherings when the COVID-19 infection rates within Brown or Outagamie Counties exceed

“Low” as identified by the Wisconsin Department of Health Services. During the time of the

development of this Law the infection rates within Brown and Outagamie Counties exceeded

“Low.” The Nation’s COVID-19 Core Decision Making Team addressed the issue of not being

able to safely hold public meetings through its March 27, 2020, declaration titled “Suspension of

Public Meetings under the Legislative Procedures Act”. This declaration suspended the Legislative

Procedures Act's requirement to hold a public meeting during the public comment period, but

allows members of the community to still participate in the legislative process by submitting

written comments, questions, data, or input on proposed legislation to the Legislative Operating

Committee via e-mail during the public comment period.

Although a public meeting for the Oneida General Welfare law was not held, the public comment

period was still held open until October 13, 2021. The Legislative Operating Committee did not

receive any written submissions of comments during the public comment period.

Adoption of this resolution complies with the process and procedures of the LPA as it has been

modified by the COVID-19 Team’s “Suspension of Public Meetings under the Legislative

Procedures Act” declaration.

This resolution provides that the Oneida General Welfare law would become effective on

December 22, 2021, in accordance with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws, as it complies with

the Legislative Procedures Act as it has been modified by the COVID-19 Core Decision Making

Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.

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ONEIDA GENERAL WELFARE LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Law

Purpose

Affected Entities

Public Meeting

Fiscal Impact

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Analysis by the Legislative Reference Office

Provides a framework for the Nation to develop approved programs to

provide assistance to members on a non-taxable basis in an effort to promote

the general welfare while ensuring compliance with the General Welfare

Exclusion, 26 U.S.C. §139E, and applicable Internal Revenue Service

regulations or revenue procedures including I.R.S. Rev. Proc. 2014-35, and

that all assistance provided under this law:

 is available to any recipients who satisfy the program policies, subject

to budgetary restraints;

 is made under an approved program that does not discriminate in

favor of members of the Nation’s governing body;

 is not provided as compensation for goods and/or services; and

 is not lavish or extravagant under the facts and circumstances, as

determined by the Oneida Business Committee.

The purpose of this law is to govern how the Nation provides assistance to

eligible members on a non-taxable basis, pursuant to the principles of the

General Welfare Exclusion. [10 O.C. 1001.1-1].

Oneida Business Committee, Entities developing approved programs

A public comment period was held open until October 13, 2021. A public

meeting was not held in accordance with the Nation’s COVID-19 Core

Decision Making Team’s declaration titled, Suspension of Public Meetings

under the Legislative Procedures Act.

A fiscal impact statement was received from the Finance Department on

November 12, 2021.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. On August 12, 2020, the Oneida General Welfare law (“the Law”) was adopted by the

Oneida Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose

of providing assistance, on a non-taxable basis, to members of the Nation through approved programs

that promote the general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. Emergency adoption of

the Law was pursued to provide a mechanism to address the economic needs of members of the Nation

during the COVID-19 pandemic. The Law set forth a framework and provided guidelines for the Nation

to establish and operate approved programs which provide assistance to eligible members to promote

the general welfare of the Nation, including programs designed to enhance the promotion of health,

education, self-sufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment. [10 O.C. 1001.9-2]. The emergency adoption of the Law was set

to expire on February 12, 2021. In February 2021, emergency amendments to the Law were then

adopted by the Oneida Business Committee through resolution BC-02-10-21-B for the purpose of

addressing how an approved program would be adopted by the Oneida Business Committee in an effort

to allow for more flexibility and efficiency in addressing the needs of the Nation. The emergency

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amendment to the Law revises the definition of approved program to allow an approved program to be

adopted by the Oneida Business Committee through resolution or law of the Nation. [10 O.C. 1001.31(a)]. Previously, an approved program could only be adopted by the Oneida Business Committee

through a law of the Nation. These emergency amendments to the Law were set to expire on August

10, 2021. On July 28, 2021, the Oneida Business Committee extended the emergency amendments for

an additional six (6) month period through the adoption of resolution BC-07-28-21-M. The emergency

amendments to this Law will now expire on February 10, 2022.

B. The Legislative Operating Committee is now seeking the permanent adoption of this Law.

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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;

 Finance Administration; and

 Governmental Services Division.

B. The following laws were reviewed in the drafting of this analysis:

 Legislative Procedures Act;

 Garnishment Law; and

 Per Capita law.

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SECTION 4. PROCESS

A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).

 On August 12, 2020, the Law was adopted by the Oneida Business Committee on an emergency

basis through resolution BC-08-12-20-D.

 On October 7, 2020, the Legislative Operating Committee added the Law to its Active Files

List.

 On February 10, 2021, the Oneida Business Committee adopted emergency amendments to the

Law through resolution BC-02-10-21-B.

 On April 14, 2021, the Oneida Business Committee adopted resolution BC-04-14-21-D titled,

Oneida Nation Assistance Fund, which directed that the Legislative Operating Committee hold

a community input session on the public policy of “funds paid to members pursuant general

welfare programs are not subject to garnishment, attachment, seizure, or execution of levy of

any kind, including the administrative enforcement actions listed in 7 O.C. Chapter 704 (Child

Support), and any attempt to cause any payments to be so subjected shall not be recognized by

the Nation” and whether such policy should be a general policy or be addressed specifically in

regards to each general welfare program under Title 1000 and Chapter 1001.

 On May 5, 2021, the Legislative Operating Committee approved the Oneida General Welfare

law amendments public comment period notice for the question, Should assistance provided

by an approved program under the Oneida General Welfare law be subject to attachment or

garnishment? and forward this question to a public comment period to be held open until June

9, 2021.

 On June 9, 2021, the public comment period for the question above closed. The Legislative

Operating Committee received written submissions of comments from six (6) individuals.

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On July 7, 2021, the Legislative Operating Committee accepted the public comments that were

received.

 On July 21, 2021, the Legislative Operating Committee approved the Oneida General Welfare

law emergency amendments extension packet and forwarded the extension to the Oneida

Business Committee for consideration.

 On July 28, 2021, the Oneida Business Committee extended the emergency amendments to the

Law through the adoption of resolution BC-07-28-21-M.

 On September 1, 2021, the Legislative Operating Committee approved the draft of the Law and

directed that a legislative analysis be completed.

 On September 15, 2021, the Legislative Operating Committee approved the legislative analysis

and public comment period notice, and forwarded the Oneida General Welfare law to a public

comment period to be held open until October 13, 2021.

 On October 13, 2021, the public comment period closed. No written submissions of comments

were received during this public comment period.

 On October 20, 2021, the Legislative Operating Committee accepted the public comment

period review memorandum recognizing no comments were received.

 On November 3, 2021, the Legislative Operating Committee approved the final draft and

legislative analysis of the Oneida General Welfare law, and directed the Finance Department

to complete a fiscal analysis by November 18, 2021.

 The fiscal impact statement was received from the Finance Department on November 12, 2021.

 On December 1, 2021, the Legislative Operating Committee will consider the approval of the

Oneida General Welfare law adoption packet, and forward these items on to the Oneida

Business Committee for consideration of adoption.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of this Law:

 January 14, 2021: LOC work meeting with the Oneida Law Office, Finance Administration,

Strategic Planner, and Susan House.

 January 28, 2021: LOC work meeting.

 February 9, 2021: LOC work meeting with the Oneida Law Office, Finance Administration,

Trust Enrollments Director, Susan House.

 April 21, 2021: LOC work meeting.

 April 29, 2021: LOC work meeting.

 June 24, 2021: LOC work meeting.

 August 26, 2021: LOC work meeting.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other

countries throughout the world, including the United States. The COVID-19 pandemic has resulted in

high rates of infection and mortality, as well as vast economic impacts including effects on the stock

market and the closing of all non-essential businesses. A public meeting for this proposed Law will not

be held due to the COVID-19 pandemic, but a public comment period for the submission of written

comments will be held open.

 Declaration of a Public Health State of Emergency.

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

of Emergency” regarding the COVID-19 pandemic which declared a Public Health State

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of Emergency for the Nation until April 12, 2020, and set into place the necessary authority

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

management actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until January 23, 2022, by

the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-1021-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, and BC-11-2421-F.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

Oneida Busines Committee Resolution BC-08-03-21-A, Setting Public Gathering Guidelines

during Public Health State of Emergency—COVID-19.

 On August 3, 2021, the Oneida Business Committee adopted resolution BC-08-03-21-A

entitled, Setting Public Gathering Guidelines during Public Health State of Emergency—

COVID-19, which provides that indoor and outdoor events shall be canceled when the

infection rates within Brown or Outagamie Counties exceed “Low” as identified by the

Wisconsin Department of Health Services. Both Brown and Outagamie Counties are

experiencing “High” COVID-19 infection rates.

Conclusion.

 Although a public meeting was not held on the proposed Law, a public comment period

was still held open until October 13, 2021, in accordance with resolution BC-08-03-21-A

and the Legislative Procedures Act as modified by the COVID-19 Core Decision Making

Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.

No public comments were received during this public comment period.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy. The purpose of this Law is to govern how the Nation provides assistance to

eligible members on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion.

[10 O.C. 1001.1-1]. The federal government through the Tribal General Welfare Exclusion Act of 2014,

codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional application of the

general welfare doctrine and subsequent guidance, has recognized the sovereign right of Indian tribal

governments to provide financial assistance to its members under certain circumstances on a nontaxable basis. [10 O.C. 1001.1-1(a)]. It is the policy of the Nation to provide assistance to members

through approved programs that promote the general welfare of the Nation which is available to any

recipient who satisfies the program policies, subject to budgetary restraints; is made under an approved

program that does not discriminate in favor of members of the Nation’s governing body; is not provided

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as compensation for goods or services; and is not lavish or extravagant under the facts and

circumstances, as determined by the Oneida Business Committee. [10 O.C. 1001.1-2].

 Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide

assistance to its members on a non-taxable basis, and to provide a framework for the Nation to

create approved programs to do so.

B. General Welfare Assistance. The Nation has an inherent sovereign right to provide assistance to its

eligible members on a non-taxable basis pursuant to the principles of General Welfare Exclusion. [10

O.C. 1001.4-1]. General Welfare Exclusion provides that any assistance shall be treated as non-taxable

under federal law so long as it: satisfies the requirements for exclusion under 26 U.S.C. §139E, is

provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or subsequent

Internal Revenue Service procedures or regulations, or meets the criteria of the General Test under the

I.R.S. General Criteria of General Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section

5.02(1). Id. The General Test provides criteria used to determine if any assistance provided through an

approved program to a recipient shall be treated as a General Welfare Exclusion. [10 O.C. 1001.4-2].

The criteria of the General Test include the following: the assistance is paid on behalf of the Nation,

the assistance was provided pursuant to an approved program, the assistance does not discriminate in

favor of members of the governing body of the Nation, the assistance is available to any member who

meets the guidelines of the approved program, the assistance is provided for the promotion of general

welfare, the assistance is not lavish or extravagant, the assistance is not compensation for services, and

the assistance is not a per capita payment. [10 O.C. 1001.4-2(a)-(h)]. Any assistance provided by the

Nation under the General Welfare Exclusion shall occur through an approved program and qualify as

non-taxable under the principles of the General Welfare Exclusion to the fullest extent permitted at law.

[10 O.C. 1001.4-3]. Approved programs shall be established and operated to promote the general

welfare of the Nation, including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and

employment. [10 O.C. 1001.4-3(a)]. Furthermore, this Law shall not be construed as creating new

general welfare assistance rights which are an inherent right of Nation. [10 O.C. 1001.4-4]. Rather, this

Law is intended to codify existing procedures used by the Nation to administer its general welfare

assistance and any assistance provided prior to the enactment of this Law is hereby ratified and

confirmed as general welfare assistance provided pursuant to the exercise by the Nation of its inherent

tribal sovereignty. Id.

 Effect. The Law provides details on how assistance provided through approved programs will

meet the principles of General Welfare Exclusion so that assistance may be non-taxable.

C. Approved Program Guidelines. This section of the Law sets forth the guidelines that approved

programs of the Nation will be created under. The Law requires that an approved program be adopted

by the Oneida Business Committee through either a resolution or law of the Nation. [10 O.C. 1001.51]. An approved program may be adopted through a resolution if the approved program will function

for a limited term – a limited term means there is a defined start and end date, or the program utilizes

third-party funding and is not intended to be permanent. [10 O.C. 1001.3-1(d), 1001.5-1(b)]. If the

purpose of the approved program will function on a permanent basis, then the approved program is

required to be adopted through a law of the Nation. [10 O.C. 1001.5-1(a)]. The Law provides what

information an approved program is required to include in its adopting document, which includes: name

of the approved program, purpose of the approved program, eligibility rules and limitations for the

program, funding source, how the program qualifies for General Welfare Exclusion, and the start and

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end date of the approved program, if applicable. [10 O.C. 1001.5-1(c)]. Any assistance intended to

qualify under the General Welfare Exclusion is limited to members of the Nation only. [10 O.C. 1001.52]. Regarding the funding of approved programs, any assistance provided is limited to funds

appropriated, at the discretion of the Oneida Business Committee and no matter the source of the funds.

[10 O.C. 1001.5-3]. All amounts budgeted by the Nation for assistance shall remain general assets of

the Nation until payments are disbursed. Id. The Oneida Business Committee is responsible for

designating approved programs for which funds shall be budgeted each fiscal year, consistent with the

purposes of this Law. Id. Approved programs may also be funded through third-party funding if

available. Id. All assistance that is provided to a recipient is required to be used for the purpose stated

in the approved program description. [10 O.C. 1001.5-4]. If a recipient uses assistance in a manner that

is inconsistent with the purpose of the approved program, then the payment is considered forfeited, and

the Nation may secure repayment from the recipient. Id. The Law then clarifies that any benefit a

member of the Nation receives is not subject to anticipation, alienation, sale, transfer, assignment,

pledge, encumbrance, attachment or garnishment by creditors of the member. [10 O.C. 1001.5-5].

 Effect. This section of the Law provides details on the framework for how approved programs

under the Law are developed and handled.

D. Non-Recourse Designation. The Nation does not guarantee any benefits to a recipient under this Law.

[10 O.C. 1001.6-1]. The Law clarifies that benefits shall not be treated as a resource or asset of a

recipient for any purpose; and that no recipient shall have an interest in or right to any funds budgeted

for, or set aside for, approved programs until paid. Id. The Oneida Business Committee reserves the

right to cancel, adjust, modify or revoke any benefit. [10 O.C. 1001.6-2]. The approved programs shall

be administered at all times to avoid triggering of the doctrines of “constructive receipt” and/or

“economic benefit.” [10 O.C. 1001.6-3].

 Effect. This section clarifies that recipient is not guaranteed benefits under the Law, and that a

recipient should not treat the potential benefit as a resource or an asset until that asset is actually

paid out to the recipient.

E. Governing Law; Sovereignty. The Law confirms the Nation’s sovereign status by providing that the

rights and liabilities associated with the enactment of this Law, or any assistance made as a result, shall

be construed and enforced according to the Nation’s laws and applicable federal law. [10 O.C. 1001.71]. The Law, or any related laws, policies, or procedures adopted for its implementation shall not be

construed to make applicable to the Nation any laws or regulations which are otherwise inapplicable to

the Nation, or from which the Nation is entitled to exemption because of its sovereign status. Id.

 Effect. The Nation is considered sovereign, meaning it has the authority to govern itself. This

section of the Law confirms that the Nation maintains that sovereign status through the adoption of

this Law, and the Nation is not subject to any laws or regulations which are otherwise inapplicable

to the Nation.

F. Federal Trust Obligations. The Law provides that the Nation has the right to provide assistance in

circumstances where federal funding is insufficient to operate federal programs designed to benefit

applicants and when federal funding is insufficient to adequately and consistently fulfill federal trust

obligations. [10 O.C. 1001.8-1]. This does not mean that the Nation’s adoption of its approved

programs is intended to relieve or diminish the federal government of its funding and trust

responsibilities. Id.

 Effect. This section provides that although the Nation may provide assistance in circumstances

where federal funding is insufficient to operate federal programs designed to benefit applicants,

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this does not negate the federal government’s trust responsibilities to fund this program. This also

does not affect the Nation’s right to seek funding, or the right to engage in government-togovernment consultations and coordination regarding these rights.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

 Garnishment Law. The Garnishment law allows the Nation to exercise its authority to provide an

effective mechanism for creditors to access an employee’s income for reduction of personal debt.

[2 O.C. 204.1-1]. Garnishment of an individual’s income to collect debt owed to an entity of the

Nation is allowed under the Garnishment law. [2 O.C. 204.6].

 Assistance provided to a member through an approved program is not subject to

garnishment under the Garnishment law. [10 O.C. 1001.5-5].

 Per Capita Law. The Per Capita law specifies the procedure to be followed in the event that per

capita payments are distributed by the Nation and states the responsibilities of the various Oneida

entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.1-1]. The

Per Capita law allows per capita payments to be subject to attachment prior to distribution for debt

owed to an Oneida entity. [1 O.C. 123.4-9, 123.4-9(a)(2)].

 Assistance provided through an approved program is not a per capita payment.

Assistance provided to a member through an approved program is not subject to

attachment under the Per Capita law. [10 O.C. 1001.5-5].

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire

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on February 10, 2022. The emergency amendments to this Law were already extended for an additional

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six (6) month period through the adoption of resolution of BC-07-28-21-M so there is no more

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opportunity to extend these emergency amendments.

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 Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of this Law on a permanent basis prior to February 10, 2022.

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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC264

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

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 Conclusion. On November 12, 2021, the Legislative Operating Committee received a fiscal impact

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statement for this Law from the Finance Department.

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1001.1. Purpose and Policy

1001.2. Adoption, Amendment, Repeal

1001.3. Definitions

1001.4. General Welfare Assistance

1001.5. Approved Program Guidelines

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Title 10. General Welfare Exclusion - Chapter 1001

ONEIDA GENERAL WELFARE

1001.6. Non-Recourse Designation

1001.7. Governing Law; Sovereignty

1001.8. Federal Trust Obligations

1001.1. Purpose and Policy

1001.1-1. Purpose. The purpose of this law is to govern how the Nation provides assistance to

eligible members on a non-taxable basis, pursuant to the principles of the General Welfare

Exclusion.

(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,

codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional

application of the general welfare doctrine and subsequent guidance, has recognized the

sovereign right of Indian tribal governments to provide financial assistance to its members

under certain circumstances on a non-taxable basis.

1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved

programs that promote the general welfare of the Nation. This law provides a framework for

approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.

§139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.

Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee that all assistance

provided under this law:

(a) is available to any recipients who satisfy the program policies, subject to budgetary

restraints;

(b) is made under an approved program that does not discriminate in favor of members of

the Nation’s governing body;

(c) is not provided as compensation for goods or services; and

(d) is not lavish or extravagant under the facts and circumstances, as determined by the

Oneida Business Committee.

1001.2. Adoption, Amendment, Repeal

1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1001.2-2. 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.

1001.2-3. 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.

1001.2-4. 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.

1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1001.3. Definitions

1001.3-1. 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 non-taxable as a General Welfare Exclusion, administered under

specific guidelines, and is adopted by the Oneida Business Committee through resolution

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or law of the Nation.

(b) "Assistance" means benefits or payments under an approved program, which are paid

to or on behalf of a recipient pursuant to this law. Assistance provided under an approved

program shall not be considered income of the recipient.

(c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business

Committee in its discretion and based on the circumstances, taking into account needs

unique to the Nation as well as the social purpose being served by the particular assistance

at hand, except as otherwise may be required for compliance with final guidance issued

under 26 U.S.C. §139E following consultation between the Nation and the federal

government.

(d) “Limited term” means a defined start and end date, or utilizes third-party funding and

is not intended to be permanent.

(e) "Member" means an individual who is an enrolled member of the Nation.

(f) “Nation” means the Oneida Nation.

(g) “Recipient” means any member entitled to receive assistance in accordance with

approved program requirements.

1001.4. General Welfare Assistance

1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a

non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government

recognizes that benefits to recipients under an approved program for the promotion of the general

welfare of the Nation is excludable from the gross income of those recipients. General Welfare

Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as

it:

(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;

(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or

(c) meets the criteria of the General Test under the I.R.S. General Criteria of General

Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).

1001.4-2. General Test. The General Test provides criteria used to determine if any assistance

provided through an approved program to a recipient shall be treated as a General Welfare

Exclusion. The criteria of the General Test include the following:

(a) The assistance is paid on behalf of the Nation;

(b) The assistance was provided pursuant to an approved program;

(c) The assistance does not discriminate in favor of members of the governing body of the

Nation;

(d) The assistance is available to any member who meets the guidelines of the approved

program;

(e) The assistance is provided for the promotion of general welfare;

(f) The assistance is not lavish or extravagant;

(g) The assistance is not compensation for services; and

(h) The assistance is not a per capita payment.

1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare

Exclusion shall occur through an approved program and qualify as non-taxable under the principles

of the General Welfare Exclusion to the fullest extent permitted at law.

(a) An approved program shall be established and operated to promote the general welfare

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of the Nation, including programs designed to enhance the promotion of health, education,

self-sufficiency, self-determination, and the maintenance of culture and tradition,

entrepreneurship, and employment.

(b) Each approved program shall be limited to purposes consistent with treatment under

the General Welfare Exclusion as to purpose, eligibility, and funding.

(d) An approved program shall meet all criteria of the General Test.

(d) Assistance provided through an approved program is not subject to information

reporting by the Nation to the Internal Revenue Service.

1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general

welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to

codify existing procedures used by the Nation to administer its general welfare assistance.

Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general

welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty.

1001.5. Approved Program Guidelines

1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the

Oneida Business Committee through a resolution or law of the Nation. Approved programs

adopted by the Oneida Business Committee are considered in force and effect and in accordance

with this law

(a) Law. An approved program shall be adopted by the Oneida Business Committee

through a law if the approved program will function on a permanent basis.

(1) Adoption of an approved program by the Oneida Business Committee through

a law of the Nation shall comply with the process and procedures of the Legislative

Procedures Act.

(b) Resolution. An approved program shall be adopted by the Oneida Business Committee

through a resolution if the approved program will function for a limited term.

(1) An approved program to be considered for adoption through resolution by the

Oneida Business Committee shall be accompanied by a statement of effect and

submitted in accordance with the Oneida Business Committee’s submission

procedure and deadlines.

(c) Contents of Proposed Approved Programs. The law or resolution establishing an

approved program shall contain the following information:

(1) Name of the approved program;

(2) Purpose of the approved program;

(3) Eligibility rules and limitations for approved program;

(4) Funding source for approved program;

(5) How the approved program qualifies for General Welfare Exclusion; and

(6) Start and end date of approved program, if applicable.

1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members

of the Nation. Each approved program shall set forth any specific eligibility rules and limitations

applied to that program.

1001.5-3. Funding of Approved Programs. Assistance authorized by this law shall be limited to

funds appropriated, at the discretion of the Oneida Business Committee and no matter the source

of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the

Nation until payments are disbursed. The Oneida Business Committee shall designate approved

programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this

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law. Approved programs may also be funded through third-party funding if available.

1001.5-4. Use of Assistance. All assistance provided through an approved program shall be used

for the purpose stated in the approved program description. If assistance is used or pledged for a

purpose inconsistent with the purpose set forth in an approved program the payment shall be

deemed forfeited. The Nation may secure repayment from any recipient who forfeited their

assistance.

1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall

not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,

attachment or garnishment by creditors of the member.

1001.6. Non-Recourse Designation

1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated

as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or

right to any funds budgeted for, or set aside for, approved programs until paid.

1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke

any benefit.

1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines

of “constructive receipt” or “economic benefit.”

1001.7. Governing Law; Sovereignty

1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance

made hereunder, shall be construed and enforced according to the Nation’s laws and applicable

federal law. Nothing in this law or the related laws, policies, or procedures adopted for its

implementation, if any, shall be construed to make applicable to the Nation any laws or regulations

which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption

because of its sovereign status.

1001.8. Federal Trust Obligations

1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal

funding is insufficient to operate federal programs designed to benefit applicants and when federal

funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s

adoption of its approved programs is not intended to relieve or diminish the federal government of

its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding

shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled

to government-to-government consultation and coordination with the federal government

regarding these obligations.

End.

Emergency Adopted – BC-08-12-20-D

Emergency Amended – BC-02-10-21-B

Emergency Extended – BC-07-28-21-M

Adopted – BC-__-__-__-__

10 O.C. 1001 – Page 4

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FINANCE ADMINISTRATION

Fiscal Impact Statement

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MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

November 12, 2021

RE:

Fiscal Impact of the Oneida General Welfare Exclusion

I. Estimated Fiscal Impact Summary

Law: Curfew Law

Oneida Law Office

Implementing Agency

Finance Administration

Government Services Division

Estimated time to comply

10 days, in compliance with the Legislative Procedures Act

Estimated Impact

Current Fiscal Year

10 Year Estimate

Indeterminate

Indeterminate

Total Estimated Fiscal Impact

II.

Background

A. Legislative History

This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-08-12-20-D.

B. Summary of Content

The amendment corrects a reference to the Nation’s territorial jurisdiction and deletes

reference to the Nation’s personal jurisdiction.

III.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office,

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documentation costs, as well as an estimate of the amount of time necessary for an

agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

V.

Executive Summary of Findings

•

The Law will govern how the Nation provides assistance to eligible members on a nontaxable basis, pursuant to the principles of the General Welfare Exclusion Act of 2014.

•

The Law will codify the Nation’s sovereign right to provide assistance to its members on

a non-taxable basis and to provide a framework for the Nation to create approved

programs.

•

Assistance shall be treated as non-taxable under federal law if it satisfies the requirements

provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or

subsequent Internal Revenue Service procedures or regulations, or meets the criteria of

the General Test under the I.R.S. General Criteria of General Welfare exclusion listed in

I.R.S. Rev. Proc. 2014-35, section 5.02(1).

•

The criteria of the General Test include the following: the assistance is paid on behalf of

the Nation, the assistance was provided pursuant to an approved program, the assistance

does not discriminate in favor of members of the governing body of the Nation, the

assistance is available to any member who meets the guidelines of the approved program,

the assistance is provided for the promotion of general welfare, the assistance is not

lavish or extravagant, the assistance is not compensation for services and the assistance is

not a per capita payment.

•

The Law requires that an approved program be adopted by the Oneida Business

Committee through either a resolution or law of the Nation.

•

Assistance provided is limited to the funds appropriated, at the discretion of the Oneida

Busines Committee.

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The Law is not a guarantee of any benefits.

Agency

There are no startup, personnel, office or documentation costs associated with this

legislation. The amendments will become effective 10 days from adoption.

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VI.

Financial Impact

The Law has no fiscal impact. Creation of the programs under the Law will have a fiscal

impact, however, until the programs have been created or identified, the fiscal impact is

indeterminate. Implementation of the General Welfare Exclusion Law on an emergency

resulted in approximately $1,707,593 being retained for tax withholdings by Oneida

Nation members in Fiscal Year 2021. Ten-year fiscal impact to the Oneida Nation

membership of extending the General Welfare Exclusion law on a permanent basis would

result in members retaining $17,075,930 in tax withholdings.

VII.

Recommendation

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

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

this legislation, 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

Adopt resolution entitled Increasing the Oneida Nation Minimum Wage to $15.00 Per Hour

12 / 08 / 21

1. Meeting Date Requeste

2.. General Informatio

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution entitled Increasing the Oneida Nation Minimum Wage to $15.00 Per Hour

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Marie Summers, Councilmember

Primary Requestor/Submitter:

Rhiannon Metoxen, Executive Assistant

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:

Motion from 11/18/2021 QOL Meeting:

Motion by Tehassi Hill to accept minimum wage analysis draft to the 11/24/21 BC Meeting for

consideration and to request other areas (GM, GGM, Retail GM & CFO) of the Organization to

submit an impact report for their areas going to a $15 Minimum wage, seconded by Brandon

Stevens.

The impact reports were not requested in time for the 11/24 BC meeting, thus this item is being

submitted for the 12/8 BC meeting.

Requested Action:

1. Defer this item until after executive session.

The impact reports include material which cannot be released in open session. After review

and discussion in executive session, the request will be to:

2. Adopt resolution entitled Increasing the Oneida Nation Minimum Wage to $15.00 Per

Hour

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

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 *.pdffile to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # Leave this line blank

Increasing the Oneida Nation Minimum Wage to $15.00 Per Hour

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Oneida Business Committee has previously identified the intention to “lead the

market” in employment matters; and

WHEREAS,

the Oneida Business Committee has received reports on changes in the economy

caused by the pandemic and supply chain issues, rising inflation rates, the difficulty in

finding and hiring qualified applicants; and the difficulty in retaining current employees;

and

WHEREAS,

the Human Resources Department submitted a report on increasing the Nation’s

minimum wage to $15.00 per hour and the impacts of that action to the Quality of Life

Committee; and

WHEREAS,

the Quality of Life Committee, on [insert date], has recommended that the Nation’s

minimum wage be increased to $15.00 per hour; and

WHEREAS,

the Human Resources Department report identifies that this action will result in an

estimated increase in the FY2022 budget in the amount of $774,000 and impact

approximately 297 employees;

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adjusts the Oneida Nation’s

minimum wage to $15.00 per hour for implementation on [insert date].

BE IT FURTHER RESOLVED, the Executive Human Resources Department Director shall provide an

implementation report at the first regular meeting of the Oneida Business Committee in December 2022.

BE IT FINALLY RESOLVED, budget impacts regarding the increased in minimum wage shall be covered

through savings in vacant positions.

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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

Increasing the Oneida Nation Minimum Wage to $15.00 Per Hour

Summary

This resolution increases the Oneida Nation’s employee minimum wage to fifteen dollars ($15.00)

per hour for implementation to occur on a date that has yet to be determined.

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

Date: November 16, 2021

Analysis by the Legislative Reference Office

The Budget Management and Control law (“Law”) was adopted for the purpose of setting forth

the requirements to be followed by the Oneida Business Committee (“OBC”) and Oneida fund

units when preparing the budget to be presented to the General Tribal Council for approval. [1

O.C. 121.1-1].

On May 12, 2021, the OBC emergency amended the Law through adoption of resolution BC-0512-21-C to address the Nation’s non-compliance with the budget development process and deadlines contained therein. The emergency amendments removed much of the details of the budget

process, requirements, and deadlines from the Law, and instead provided that the Treasurer shall

develop the necessary guidelines and procedures, including specific deadlines, for the Nation’s

budget development process, to be reviewed and approved by the OBC. [1 O.C. 121.5-3(a)].

Resolution BC-05-12-21-C also suspended the deadlines provided in the FY22 Budget Calendar

and directed the Treasurer to present a resolution to a special OBC work session, no later than June

11, 2021, that provides a general framework for the FY22 budget development process, including,

but not limited to, information such as the budget calendar, opportunities for community input/

discussion, line-item guidance, as well as new position definition, guidance and review process.

The work session was held on June 7, 2021, and, on June 9, 2021, the OBC adopted resolution BC

-06-09-21-D entitled, Fiscal Year 2022 Budget Considerations and Calendar, as presented by the

Treasurer in compliance with resolution BC-05-12-21-C.

Thereafter, the OBC adopted resolution BC-09-22-21-E entitled, Continue to Operate Fiscal Year

2022, later amended in part by resolution BC-10-27-21-C, which authorized the implementation

of approved compensation adjustment plans and a wage increase of one dollar ($1) per hour for all

eligible employees of the Nation. With respect to compensation adjustment plans, in September of

2021, the Human Resources Department (“HRD”) was directed by a designated sub-committee of

OBC members to conduct a minimum/livable wage analysis to be presented at a meeting of the

Nation’s Quality of Life Committee. On October 21, 2021, the HRD presented the results of its

analysis, finding, in relevant part, as follows:

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That, as the local economy continues to struggle with significant worker shortages,

employers are swiftly adapting and aggressively increasing their compensation packages,

particularly for frontline and entry level positions;

That, it is commonplace in the Green Bay metro area to see initial wage offers beginning

or exceeding a starting pay of $15.00/hour;

That, MIT, who has conducted research on livable wages, concluded that a single adult

with no children would need a minimum hourly rate of $14.02/hour to meet minimum

living standards;

That, as a primary employer for Oneida families, over 57% of the current workforce are

Oneida enrolled members; and

That, to try to increase those numbers, the Nation should embrace the concept of applying

a livable wage in their compensation practices.

Through this resolution, the OBC approves adjusting the Nation’s minimum wage to fifteen dollars

($15) per hour for implementation to occur on a date that has yet to be determined. The resolution

further directs the Executive Director of HRD to provide an implementation report at the first

regular meeting of the OBC in December of 2022. Although the implementation date for the w age

increase has yet to be determined, according to HRD’s analysis, the FY22 continuing budget

includes funding for wage adjustments that are necessary because of the compensation studies. In

addition, the resolution provides that budget impacts regarding the increase in the Nation’s

minimum wage shall be covered through savings in vacant positions.

Depending upon the implementation date and the actual impact to the FY22 budget that an increase

in the Nation’s minimum wage may cause, changes to the budget following its adoption may

require further action in order to comply with the Nation’s Budget Management and Control law.

Conclusion

As of the date of this Statement of Effect, adoption of this resolution would not conflict with any

of the Nation’s laws.

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Adopt resolution entitled Updating Public Gathering Guidelines During Public Health State of Emergency -

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # ___________

Updating Public Gathering Guidelines During Public Health State of Emergency - COVID-19

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS, the Oneida Business Committee adopted resolution # BC-08-03-21-A, Setting Public

Gathering Guidelines During Public Health State of Emergency, which superseded the

Staying Safer at Home and Safer Re-Opening of Government Offices directives adopted

by resolution during the course of the COVID-19 Pandemic; and

WHEREAS, the Oneida Business Committee has looked to the United States national health experts in

the Centers for Disease Control to provide guidance during the pandemic, and more

recently, to the Department of Health Services regarding Wisconsin specific information

on the prevalence of the virus and positive COVID-19 tests; and

WHEREAS, the information available to the Oneida Business Committee regarding testing rates, case

levels, transmission rates and vaccine levels of members, employees and the

surrounding communities in order to provide guidance on safely managing risks

associated with the COVID-19 virus and pandemic; and

WHEREAS, the Oneida Business Committee has determined that the Public Gathering Guidelines should

be updated to reflect this increased knowledge;

NOW THEREFORE BE IT RESOLVED, that resolution # BC-08-03-21-A, Setting Public Gathering

Guidelines During Public Health State of Emergency is superseded by this resolution.

Determination for Holding Meetings - Indoor

BE IT FURTHER RESOLVED, the Oneida Business Committee directs that when the following levels are

met, indoor meetings1 of the Oneida Nation are feasible, provided that all organizers and participants

should consider additional health safety measures when attending such as wearing a face mask, washing

hands frequently, and social distancing.

1. When COVID-19 Case Activity rates are at or below low in Brown and Outagamie Counties, or

the county in which the activity is being held, as identified on the Wisconsin Department of Health

Services website for the most recent period.

1 “Indoor meetings” include any meeting between employees of different workspaces or between employees and

clients not within the normal course of business operations. I.e., normal course of business operations such as retail

operations, gaming operations, Health Center operations, Fitness Center operations.

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BC Resolution # _______

Updating Public Gathering Guidelines During Public Health State of Emergency - COVID-19

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2. When COVID-19 Percent Positive rates are at or below low in Brown and Outagamie Counties, or

the county in which the activity is being held, as identified on the Wisconsin Department of Health

Services website for the most recent period.

3. When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or below

low in ZIP Codes 54155, 54301, 54302 and 54303, or the ZIP Code in which the activity is being

held, as identified on the Wisconsin Department of Health Services website for the most recent

period.

Determination for Holding Meetings - Outdoor

BE IT FURTHER RESOLVED, the Oneida Business Committee directs that when the following levels are

met, outdoor gatherings of the Oneida Nation are feasible, provided that all organizers and participants

should consider additional health safety measures when attending such as wearing a face mask, washing

hands frequently, and social distancing.

1. When COVID-19 Case Activity rates are at or below medium in Brown and Outagamie Counties,

or the county in which the activity is being held, as identified on the Wisconsin Department of

Health Services website for the most recent period.

2. When COVID-19 Percent Positive rates are at or below medium in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

3. When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or below

moderate in ZIP Codes 54155, 54301, 54302 and 54303, or the ZIP Code in which the activity is

being held, as identified on the Wisconsin Department of Health Services website for the most

recent period.

Individual, Business, and Indoor/Outdoor Activities Guidance

BE IT FURTHER RESOLVED, as this pandemic proceeds, individuals, business, and event coordinators

should follow the guidance set by the Centers for Disease Control as revised to meet changing pandemic

impacts.

Conclusion of Resolution Directives

BE IT FINALLY RESOLVED, this resolution shall remain in place so long as the declaration of a public

health emergency remains in place.

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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

Updating Public Gathering Guidelines During Public Health State of Emergency - COVID-19

Summary

This resolution supersedes Oneida Business Committee resolution BC-08-13-21-A, Setting Public

Gathering Guidelines During Public Health State of Emergency - COVID-19, and provides

updated guidelines on holding meetings both indoors and outdoors.

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

Date: November 30, 2021

Analysis by the Legislative Reference Office

The Oneida Business Committee adopted the Emergency Management law, formally known as the

Emergency Management and Homeland Security law, for the purpose of providing for the

development and execution of plans for the protection of residents, property, and the environment

in an emergency or disaster; providing for the direction of emergency management, response, and

recovery on the Reservation, as well as coordinating with other agencies, victims, businesses, and

organizations; establishing the use of the National Incident Management System (NIMS); and

designating authority and responsibilities for public health preparedness. [3 O.C. 302.1-1].

Under the Emergency Management law, the Oneida Business Committee is delegated the

responsibility to proclaim or ratify the existence of a public health emergency. [3 O.C. 302.8-1].

A public health emergency means the occurrence or imminent threat of an illness or health

condition which is a quarantinable disease; and which poses a high probability of a large number

of deaths or serious or long-term disability among humans. [3 O.C. 302.3-1(p)]. No proclamation

of an emergency by the Oneida Business Committee may last for longer than sixty (60) days,

unless renewed by the Oneida Business Committee. [3 O.C. 302.8-2].

As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida

Business Committee through the Emergency Management law, on March 12, 2020, Chairman

Tehassi Hill signed a “Declaration of Public Health State of Emergency” which sets into place the

necessary authority should action need to be taken, and allows the Oneida Nation to seek

reimbursement of emergency management actions that may result in unexpected expenses. [3 O.C.

302.8-1]. The Oneida Business Committee has extended this Public Health State of Emergency

until January 23, 2022, through the adoption of the following resolutions: BC-03-26-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-0512-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, and BC-11-24-21-F. [3 O.C. 302.82].

On August 3, 2021, the Oneida Business Committee adopted resolution BC-08-03-21-A, Setting

Public Gathering Guidelines During Public Health State of Emergency - COVID-19, which

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rescinded resolution BC-05-12-21-B, Staying Safer At Home Policy – COVID-19 Pandemic, and

resolution BC-05-12-21-I, Safer Re-Opening of Government Offices – COVID-19 Pandemic, while

providing goals for minimum infection rates and vaccination rates to allow members and the

community a clear understanding of indicators of when meetings, events, and activities should be

canceled. Resolution BC-08-03-21-A directed that indoor and outdoor events shall be canceled

when the infection rates within Brown or Outagamie Counties exceed “Low” as identified by the

Wisconsin Department of Health Services. Resolution BC-08-03-21-A also identified that public

health safety regarding the COVID-19 virus shall be considered effective when vaccination rates

for Oneida Nation members and employees exceed seventy-five percent (75%). Individuals,

business, and event coordinators were also directed by resolution BC-08-03-21-A to follow the

guidance set by the Centers for Disease Control as revised to meet changing pandemic impacts.

The Oneida Business Committee has looked to the United States national health experts in the

Centers for Disease Control to provide guidance during the pandemic, and more recently, to the

Department of Health Services regarding Wisconsin specific information on the prevalence of the

virus and positive COVID-19 tests. The Oneida Business Committee has information readily

available regarding testing rates, case levels, transmission rates and vaccine levels of members,

employees and the surrounding communities which helps to provide guidance on safely managing

risks associated with the COVID-19 virus and pandemic. The Oneida Business Committee has

determined that the Nation’s Public Gathering Guidelines should be updated to reflect this

increased knowledge.

This resolution supersedes resolution BC-08-03-21-A, Setting Public Gathering Guidelines

During Public Health State of Emergency - COVID-19, and provides updated guidelines on

holding meetings both indoors and outdoors. This resolution provides that when the following

levels are met, indoor meetings of the Nation are feasible, provided that all organizers and

participants should consider additional health safety measures when attending such as wearing a

face mask, washing hands frequently, and social distancing:

 When COVID-19 Case Activity rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

 When COVID-19 Percent Positive rates are at or below low in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

 When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or

below low in ZIP Codes 54155, 54301, 54302 and 54303, or the ZIP Code in which the

activity is being held, as identified on the Wisconsin Department of Health Services

website for the most recent period.

This resolution also provides that when the following levels are met, outdoor gatherings of the

Oneida Nation are feasible, provided that all organizers and participants should consider additional

health safety measures when attending such as wearing a face mask, washing hands frequently,

and social distancing:

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When COVID-19 Case Activity rates are at or below medium in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

When COVID-19 Percent Positive rates are at or below medium in Brown and Outagamie

Counties, or the county in which the activity is being held, as identified on the Wisconsin

Department of Health Services website for the most recent period.

When COVID-19 Community Transmission Rates by ZIP Code Tabulation Area are at or

below moderate in ZIP Codes 54155, 54301, 54302 and 54303, or the ZIP Code in which

the activity is being held, as identified on the Wisconsin Department of Health Services

website for the most recent period.

This resolution directs that as this pandemic proceeds, individuals, business, and event

coordinators should follow the guidance set by the Centers for Disease Control as revised to meet

changing pandemic impacts.

This resolution shall remain in place so long as the declaration of a Public Health State of

Emergency remains in place.

Conclusion

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

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Oneida Business Committee Agenda Request

Accept the November 17, 2021, Legislative Operating Committee meeting minutes

1. Meeting Date Requested:

12 / 08 / 21

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:

Accept the November 17, 2021 Legislative Operating Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 11/17/21 LOC Meeting Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

November 17, 2021

9:00 a.m.

Present: David P. Jordan, Daniel Guzman King, Kirby Metoxen, Marie Summers (Microsoft

Teams)

Excused: Jennifer Webster

Others Present: Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Brooke Doxtator,

Lawrence Barton, Kristal Hill (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Justin

Nishimoto (Microsoft Teams), Derrick King (Microsoft Teams)

I.

Call to Order and Approval of the Agenda

David P. Jordan called the November 17, 2021, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

1. November 3, 2021 LOC Meeting Minutes

Motion by Marie Summers to approve the November 3, 2021 LOC meeting minutes and

forward to the Business Committee for consideration; seconded by Kirby Metoxen. Motion

carried unanimously.

III.

Current Business

1. Oneida Personnel Policies and Procedures Emergency Amendments

Motion by Kirby Metoxen to approve Oneida Personnel Policies and Procedures

emergency amendments adoption packet and forward to the Oneida Business Committee

for consideration; seconded by Daniel Guzman King. Motion carried unanimously.

2. Furlough Law Amendments

Motion by Marie Summers to accept the public comment period review memorandum;

seconded by Kirby Metoxen. Motion carried unanimously.

IV.

New Submissions

1. Tribal Sovereignty in Data Research

Motion by Marie Summers to add the Tribal Sovereignty in Data Research law to the

Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King.

Motion carried unanimously.

V.

Additions

VI.

Administrative Items

Legislative Operating Committee Meeting Minutes of November 17, 2021

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1. Legislative Operating Committee Fiscal Year 2021 Fourth Quarter Report

Motion by Kirby Metoxen to approve the LOC FY21 Fourth Quarter Report and forward

to the Oneida Business Committee for consideration; seconded by Daniel Guzman King.

Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:23 a.m.; seconded by Marie Summers.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of November 17, 2021

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Accept the Building Demolitions status report - CIP # 07-009

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BC resolution 06-09-21-A provided:

• BE IT FINALLY RESOLVED, that the Comprehensive Housing Division and the Land

Management Department shall report to the Oneida Business Committee the status of the funds

at the close of fiscal year 2021; any funds not spent by the close fiscal year 2021 shall roll over into

the fiscal year 2022 Land Acquisition Fund, provided that such funds must be allocated in

accordance with this resolution.

Additionally on at the November 24, 2021, regular Business Committee meeting, the following

action was taken:

• Motion by Marie Summers to direct the General Manager to bring back to the December 8, 2021,

regular Business Committee meeting agenda an open session update regarding the use of the

Economic Development, Diversification and Community Development Funds provided to

Comprehensive Housing in resolution # BC-06-09-21-A, seconded by Lisa Liggins. Motion

carried.

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Accept the 2021 Pandemic Relief Food Card Distribution report

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Adopt resolution entitled Extension of the Oneida Nation Vaccination Incentive Program for Oneida Nation

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Oneida Business Committee Agenda Request

Adopt resolution entitled Obligation for the Oneida Nation Student Relief Fund, Utilizing American Rescue

1. Meeting Date Requested:

12 / 08 / 21

2. General Information:

Session:

Open

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

Agenda Header:

Accept as Information only

Action - please describe:

Adopt resolution entitled Obligation for the Oneida Nation Student Relief Fund, Utilizing American Rescue

Plan Act of 2021 Fiscal Recovery Funds Lost Revenue

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Mark W. Powless, General Manager

Primary Requestor/Submitter:

Jacqueline Smith, Area Manager/Education & Training

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:

Seeking BC adoption of resolution and approval of the Oneida Nation Student Relief Fund program.

BC requested that a final plan be submitted for approval by the December 8, 2021, regular Business Committee

meeting.

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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ARPA-FRF-LR ONEIDA NATION

STUDENT RELIEF FUND

December 8, 2021 Regular OBC Agenda

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Purpose for the Project

Is to improve employment and career opportunities for Oneida Nation adult members by providing the

ability to improve upon their education and job skills to find employment, locate better paying jobs, or

retain their current employment status.

This project is requesting to obligate $4 million of federal funds received by the Oneida Nation through

the American Rescue Plan Act (ARPA) of 2021 Federal Relief Funds (FRF) to address matters arising out

of the COVID-19 pandemic.

This project is to provide ARPA-FRF-LR funds for qualifying Oneida adult members towards:

•

•

•

duplicate or lesser post-secondary degrees, or

professional advancement classes or training, professional certifications, professional

licenses, or

assist former Oneida Higher Education Scholarship recipients regain good standing for

the scholarship

Eligibility for Program

1. Must be an enrolled member of the Oneida Tribe of Indians in Wisconsin

2. Must be 18 years or older as of August 1, 2021

3. Must submit a completed application packet for the program

Project Funding

Degree Type

Professional Certification, License, Professional

Training

Associates or Undergraduate Degree

Graduate Degree

Doctorate Degree

Funding Levels per Academic Year

Up to $20,000

Up to $20,000

Up to $25,000

Up to $30,000

Qualifying Expenses Per Academic Year

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•

•

Tuition assistance, required books/supplies, room and board for educational programs lasting

longer than one month

Tuition assistance for short-term educational request (professional training, seminars, etc.) one

month or less will be eligible for books and tuition only

Short-term educational request (professional training, seminars, etc.) will be limited to two per

academic year

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Eligible students can participate in one type of ARPA-FRF-LR educational program per academic

year (participants not able use the professional training and duplicate and lesser degree funds in

the same academic year)

Eligible students participating in this funding may not seek funding from Oneida Higher

Education Scholarship in the same academic year

Reimbursements Fall Term

•

Eligible applicants seeking reimbursement for the time of August 1, 2021 to December 31, 2021

will be eligible for books and tuition only

o Requests for reimbursement must be submitted by May 31, 2022

 Applicants seeking reimbursement shall submit a complete reimbursement

request

Funding Levels per Academic Year

Degree Type

Professional Certification, License, Professional

Training

Associates or Undergraduate Degree

Graduate Degree

Doctorate Degree

Funding Levels per Academic Year

Up to $20,000

Up to $20,000

Up to $25,000

Up to $30,000

•

For each academic year, the following qualifying expenses are determined by degree type and

length of the education program

o Tuition assistance

o Required book assistance

o Required program specific tools and/or supplies

o Room and board assistance

o Personal assistance

o Transportation assistance

•

Educational opportunities lasting one month or less will only be eligible for

o Tuition assistance

o Required book assistance

Student Information

•

•

Student award letters will be sent directly to both the qualifying applicant and the school or

training center

Students are required to provide documented verification they completed the educational

opportunity as requested before applying for additional funding

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # Leave this line blank

Obligation for the Oneida Nation Student Relief Fund, Utilizing American Rescue Plan Act of 2021

Fiscal Recovery Funds Lost Revenue

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 received federal funds through the American Rescue Plan Act of

2021 Fiscal Recovery Funds (“ARPA-FRF-LR”) to address matters arising out of the

COVID-19 pandemic; and

WHEREAS,

the Oneida Business Committee has determined a portion of the funds should be used to

assist members through allocation of funds toward higher education requirements and

other projects that result in tangible outcomes to meet members express education and

career needs; and

WHEREAS,

the Oneida Nation workforce has decreased 25 percent in the wake of the pandemic and

approximately 20 percent of potential Oneida post-secondary students within or near the

Reservation have a household income below the poverty rate; and

WHEREAS,

the Oneida Business Committee seeks to provide Oneida Nation adult members the ability

to improve upon their education and job skills to find employment, locate better paying jobs,

or retain their current employment status; and

WHEREAS,

Oneida Higher Education has reported a demand and a need amongst Oneida Nation

members for a program to offer them financial assistance to obtain initial, duplicate or

lesser degrees, certificates and licenses, attend seminars, or engage in other professional

advancement classes or training to improve their career status; and

WHEREAS,

the Oneida Business Committee seeks to assist Oneida post-secondary students to obtain

initial, duplicate or lesser degrees, professional advancement classes or training, and

assist those suspended from the Oneida Higher Education Scholarship regain good

standing for the scholarship program; and

WHEREAS,

the Oneida Business Committee would obligate funds from ARPA-FRF-LR for qualified

Oneida post-secondary students to obtain initial, duplicate or lesser degrees, participate in

professional advancement classes or training, or offer assistance to reinstate students

suspended from the Oneida Higher Education Scholarship; and

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BC Resolution # _______

Obligation for the Oneida Nation Student Relief Fund, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds

Lost Revenue

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WHEREAS,

the Oneida Business Committee intends this program to adhere to the Oneida General

Welfare Law, 10 O.C. 1001 et seq.

WHEREAS,

this program would commence January 1, 2022.

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee obligates four million dollars

($4,000,000.00) of ARPA-FRF-LR, Education category, for the purpose of supporting the continuing and

higher education needs of qualified Oneida members in the wake of COVID-19 public health emergency

and its impact on the economy and job market.

BE IT FURTHER RESOLVED, the program shall be called the Oneida Nation Student Relief Fund and

shall commence on January 1, 2022.

BE IT FURTHER RESOLVED, Oneida post-secondary students must be 18 year of age or older to qualify

for the Oneida Nation Student Relief Fund and demonstrate a need for the assistance.

BE IT FURTHER RESOLVED, qualifying Oneida post-secondary students may use the Oneida Nation

Student Relief Fund for their initial degree of any level, duplicate or lesser degrees, professional

development and training through seminars, certifications and licenses, or other professional advancement

classes or training. The education options must be offered through an accredited institution or professionally

affiliated association. Students are limited to a maximum of two (2) seminars, certificates, licenses or nondegree related classes per year. The award may include course materials or fees required for the training

or class not included in the cost of the program.

BE IT FURTHER RESOLVED, Oneida students qualifying for the Oneida Nation Student Relief Fund and

the Oneida Higher Education Scholarship may seek funding from only one of the funding sources per

academic year.

BE IT FURTHER RESOLVED, payments for the degree programs, seminars, certifications, licenses, or

classes, all indirect costs, and equipment through the Oneida Nation Student Relief Fund shall adhere to

the following guidelines:

1) Tuition, books, and specific course fees are paid directly to the schools, colleges,

universities, or vendors. Indirect costs (Room & Board, Personal, Transportation) and

required equipment costs will be sent to the student.

a) Both student and college/institution will receive copies of student’s award letter.

b) If a student withdraws early from the program, Oneida will request reimbursements

are made to the Oneida Nation and not the student.

2) A student may be entitled to a reimbursement if the student pays required course fees.

a) The student must submit a valid receipt documenting the payment when requesting

reimbursement. Reimbursements will not be granted without a receipt.

b) Oneida Higher Education will require similar documentation directly from the college

or institution.

3) A student may be entitled to reimbursement if the student paid for duplicate or lesser

degrees, professional development and training through seminars, certifications and

licenses, or other professional advancement classes or training between August 1, 2021

and the effective date of this resolution.

a) The student must submit a valid receipt documenting the payment when requesting

reimbursement. Reimbursements will not be granted without a receipt.

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BC Resolution # _______

Obligation for the Oneida Nation Student Relief Fund, Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds

Lost Revenue

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b) Oneida Higher Education will require similar documentation directly from the college

or institution.

c) The student must have paid for the education program with personal funds, not funds

received from a third party for this purpose. “Third party” shall mean Oneida Nation,

employer, grant, or scholarship. “Personal funds” may include loan taken from a

financial institution for the purpose of paying for the program’s costs during the above

period.

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BE IT FURTHER RESOLVED, Oneida Higher Education may use funds obligated for the Oneida Nation

Student Relief Fund herein for operation and personnel costs associated with the administration of the

Oneida Nation Student Relief Fund. Oneida Higher Education may not exceed one hundred fifty-seven

thousand five hundred dollars ($157,500.00) for Oneida Nation Student Relief Fund operation and

personnel costs in any fiscal year or the pro rata amount for any partial fiscal year.

BE IT FURTHER RESOLVED, Oneida Higher Education shall develop operating procedures for the

qualifications, distribution, and management of the Oneida Nation Student Relief Fund and amend those

procedures as necessary over the term of the program to adhere to the intent of the Oneida Business

Committee as expressed herein or thereafter.

BE IT FURTHER RESOLVED, the Oneida Nation Student Relief Fund is provided in accordance with the

Oneida General Welfare Law, 10 O.C. 1001 et seq.

BE IT FURTHER RESOLVED, an Oneida student seeking to qualify for the Oneida Nation Student Relief

Fund must demonstrate a need thereof through an express and executed declaration of need to obtain the

education or training to enhance their education and/or career in the wake of the public health emergency.

BE IT FINALLY RESOLVED, the Oneida Business Committee approves the Oneida Nation Student Relief

Fund program, with Jacqueline Smith, Area Manager/Education & Training, assigned as the Project Owner.

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Oneida Business Committee Agenda Request

Discussion regarding the ARPA FRF LR Higher Education program, Food Gift Cards, and Vaccine...

1. Meeting Date Requested:

12 / 08 / 21

2. General Information:

Session:

Open

Agenda Header:

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

Unfinished Business

Accept as Information only

Action - please describe:

To discuss and ask any questions or information and problems about the Higher Education Program, Gift

Cards ($500), and Vaccine Incentive Programs under the ARPA FRF monies.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Primary Requestor/Submitter:

Michael Debraska

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Nancy Barton

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:

Any GTC member in attendance at the next OBC Meeting scheduled on December 8, 2021, will be allowed to

discuss and ask any questions they deem necessary and appropriate and have them completely answered by the

BC and/or management to the satisfaction of the GTC member who asked questions about the Higher Education,

Gift Cards ($500) and the Vaccine Incentive Programs under the ARPA FRF monies.

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

Save a Copy...

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

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

Page 2 of 2

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Approve the travel report - Vice-Chairman Brandon Stevens - Global Gaming Expo 2021 - Las Vegas, NV

Business Committee Agenda Request

1. Meeting Date Requested:

12/08/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☒ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Brandon Stevens, Vice-Chairman

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

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B USINESS C OMMITTEE

T RAVEL R EPORT

Travel Report for:

Brandon Stevens

Travel Event:

Global Gaming Expo

Travel Location:

Las Vegas, NV

Departure Date:

10/05/2021

Return Date:

10/06/2021

Projected Cost:

Enter Cost

Actual Cost:

$549.45

Date Travel was Approved by OBC:

10/4/21

Narrative/Background:

Worked with Gaming management and the Law office on the presentation for the

panel, Glen Gobin, Vice Chairman, Tulalip Tribe, Raymond Pineault, CEO, Mohegan

Gaming & Entertainment, Bea Carson, Gaming Commission Chairwoman, Mississippi

Band of Choctaw Indians and Jeremy Elbaum, Vice President DraftKings. The

questions and answers are attached. This panel gave Oneida and Wisconsin a

significant highlight in the country being at the Global Gaming Expo. Providing a

structure for other tribes to follow we wil continue to be a resource in the industry on

the Indian Gaming side which in turns gives us free marketing and media.

Item(s) Requiring Attention:

Click here to enter text.

Requested Action:

Accept travel report

Page 1 of 1

OBC Approved 03-25-2015

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Sports Betting in Indian Country: The Latest Opportunities and Conflicts

Wednesday, October 6, 10:00am-10:50am

1) Describe how sports wagering is (or is going to be) conducted

In your state.

At your specific property.

Is there anything unique from other states or the commercial industry?

Oneida Casino will be offering industry standard bets except for in state collegiate sports. The

betting options available will be retail, kiosks and mobile within designated reservation

boundaries.

2) What are some roadblocks you’ve encountered? Anything unexpected?

Business side.

Legal / Regulatory side.

We do not feel we experienced any significant roadblocks. Covid delayed the process and the

progress.

3) Sports wagering is a notoriously low margin game to the operator; so why do it? What does

it mean to the property?

Fan interest.

Boost for other gaming.

Future.

Bring in every dollar we can for the tribal governments.

Additional amenity

Economic impact to the community

Keeping dollars in Wisconsin

Increased employment

Enhancing our gaming footprint

4) How are your protecting the integrity of the game and security of the patron?

We’ve been doing this for 30 years and we’re good at it.

Partnerships.

Problem gaming protections.

Anything else we can brag about?

Partnering with a “KYC” (know your customer) platform, this software will validate customer

identity. (contract in progress with Aristotle)

Partnering with an integrity and monitoring service, there resources will offer game and fraud

protection by working jointly with regulators, professional leagues, and operators.(contract in

progress with U.S. Integrity)

5) What do you see for the future, 5 years from now?

Commercial mobile gaming threat.

What happens if tribes face that competitive threat?

What happens when tribes play in that system (like Michigan)?

Mobile gaming in Indian country

Seminole model? Does it survive litigation?

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If it doesn’t would NIGC / IGRA have to change?

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About Contact

This site contains commercial content

US SPORTS BETTING 

TOOLS 

AZ

MI

VA

NJ

PA

TN

IN

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 

CO

NEWS

Shhh! Wisconsin Tribes

Know How To Keep A

Secret

Oneida Nation first to get sports betting and plans to take first bets next

month

by Jill R. Dorson — October 18, 2021 in Betting, Features

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(Shutterstock)

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Earlier this year, Brandon Yellowbird Stevens had a secret. And he — along with tribal leaders across

Wisconsin — managed to stay quiet enough that when the Oneida Nation announced in July that it would

be the first Wisconsin tribe to launch legal sports betting this fall, many in the industry were stunned.

“I think this is a template for the rest of Indian Country to come together and work together, because it

benefits everyone,” said Victor Rocha, editor of tribal gaming website Pechanga.net and host of “The New

Normal,” a webinar that explores tribal gaming and sports betting issues.

Rocha’s words were tinged with a bit of awe and jealousy. Wisconsin’s tribes were the first — and so far

only — ones to fly completely under the radar and get sports betting added to their gaming pact. They did

so while tribes in Connecticut and Arizona were very publicly negotiating with their respective state

governors. In both states, the tribes had to give up some amount of exclusivity in order to be able to offer

wagering.

Launch coming next month

The Oneidas had hoped to start taking bets by the start of the NFL season, but Stevens said that supply

chain issues have slowed the rollout. According to an NBC26 report this week, the tribe expects to have

some teller windows and kiosks open by Week 11 of the NFL season.

“We initially anticipated opening for the football season. We weren’t able to meet that timeline,” Chad

Fuss, the Oneida Casino’s chief financial officer, told the station. “Right after we signed that contract, at

the end of summer, we started working on what would our sportsbook look like. And we identified that

we would have some constraints, meaning that supply chain, which is mostly [due to] global pandemic

right now, of getting different software, getting the chips in.”

Molly Beck

@MollyBeck

Gov. Tony Evers and Oneida Chairman Tehassi Hill

signed a compact amendment today that expands

allowable gaming at Oneida Nation casinos to

include sports betting Betting on Wisconsin college

Public include

Packet sports betting. Betting on Wisconsin college

athletics and elections is not allowed.

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10:20 AM · Jul 1, 2021

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So, how were Wisconsin’s tribes able to be so stealthy? Simple, Stevens said — the Oneidas promised the

state’s other tribes they’d set the tone. And everyone else could follow when it was time for their compact

negotiations.

“Our compact came up for negotiation [first],” Stevens said during the webinar. “We kept all 11 tribes in

the loop every step of the way, that’s how we kept it a secret. The premise was that we were going to set

the template for what all tribes could do, and we needed to make sure that this was fluid.”

Stevens went on to explain that Wisconsin tribes have what’s referred to as a “Me, Too” clause in their

compacts. That means that as other tribes reach their opportunity to renegotiate, they can get whatever

the Oneidas and the state agreed on. Beyond that, the clause will allow the Oneidas to amend their

compact based on what the tribes that follow can get. As an example, the Oneidas will not be able to offer

betting on in-state college teams or amateur sports, but Stevens hopes his tribe will set a good enough

example of trust and integrity to allow another tribe to negotiate those options.

They will be able to take bets on pro sports and, according to Stevens, on certain awards likes the

Grammys or Academy Awards.

“Hopefully, as the state basically gave us training wheels — there will be no betting on in-state college

sports and no betting on amateur sports — that was a negotiation barrier we couldn’t break,” Stevens

said. “So hopefully, the tribes behind us, after we show that we are ethical and taking care of this,

hopefully, we can [later] include the UW-Madison Panthers, Marquette, Wisconsin, into betting. Hopefully,

the tribes coming behind us will have the power to include … betting on those teams.”

Oneidas said ‘no thanks’ to official data

Though they had to give up local college sports to get the deal done, the Oneidas weren’t pushovers

during negotiations. Stevens said that when the NFL pushed for a requirement that the tribe buy official

league data, the tribe balked.

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“They wanted to do a separate negotiation with advertising and stats, but we said no,” Stevens said. “No

one else is paying for that and it is not in our business model. The state wanted that as well, but we were

up front and said, ‘We’re probably going to use official sports data, but we don’t want official amendment

or law.'”

The Oneidas’ sportsbooks will be powered by IGT’s PlaySports package and will be available only on the

Oneidas’ land. The tribe, which owns and operates five casinos, has plans for a temporary sportsbook on

the gaming floor of at least one location, as well as kiosks. It also plans to add on-reservation mobile at

some locations and open a permanent book in February, according to Fuss.

PackersHistory.com

@PackersHistory1

Happy Indigenous Peoples’ Day everyone!

This holiday means a lot more to many

Wisconsinites & Packers fans.

Oneida Nation has a specifically historic relationship

with the Packers.

Green Bay’s first Hall of Fame QB, hometown hero

Arnie Herber, was of Native descent.

#GoPackGo

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12:41 PM · Oct 12, 2020

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The Oneida reservation is located just a few miles from the biggest sports venue in Wisconsin — the NFL

Packers’ storied Lambeau Field — and is a 10-minute drive from the Green Bay airport. The tribe has long

had a relationship with the Packers, and in 2019 it expanded that relationship, enabling it to advertise its

casinos inside the stadium. The Oneida name is also over a stadium entrance gate, and the tribe sponsors

a one-mile walkway outside of the stadium that features statues of legendary Packers players and team

history.

When the Oneidas do launch sports betting, customers will be required to register at a brick-and-mortar

location and will be able to earn loyalty points to use at physical locations. Stevens said he expects his

tribe’s new product to create up to 15 jobs, and that the tribe will use revenue from sports betting to fund

programs on the reservation.

Of Wisconsin’s border states, all but Minnesota currently have live, legal statewide digital wagering. Iowa

was the first to offer it in 2019, followed by Illinois in 2020 and Michigan in 2021.

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Jill R. Dorson

Jill has covered everything from steeplechase to the NFL and then some during a

more than 30-year career in sports journalism. The highlight of her career was

covering Oakland Raiders during the Charles Woodson/Jon Gruden era, including

the infamous “Snow Bowl” and the Raiders’ 2003 trip to Super Bowl XXXVII. Her

specialty these days is covering sports betting legislation across the country. You

can reach Jill at .

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Oneida Business Committee Agenda Request

Review the sponsorship request and determine next steps - Holy Apostles Episcopal Church

1. Meeting Date Requested:

12 / 8

/ 21

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:

Holy Apostles Episcopal Church in-kind sponsorship request

Requested Action: Support the in-kind sponsorship request from Holy Apostles Episcopal Church

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Sponsorship Request (HANDOUT)

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Jennifer Webster, Council Member

Primary Requestor/Submitter:

Danelle Wilson, Oneida Business Committee Executive Assitant

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

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Oneida Business Committee Agenda Request

Deadlines

Instructions

Review request for exception to the virtual meetings requirement per resolution # BC-04-14-21-B and

This text is long and has been trimmed here. Open the source document for the complete record.

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.

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