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
Page 1 of 5
December 08, 2021
Public Packet
V.
2 of 151
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
Page 2 of 5
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
Page 3 of 5
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
Page 4 of 5
December 08, 2021
Public Packet
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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
7 of 151
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
Public Packet
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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
10 of 151
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.
Oneida Business Committee
Regular Meeting Minutes
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November 24, 2021
Public Packet
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DRAFT
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
Page 2 of 17
November 24, 2021
Public Packet
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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
Oneida Business Committee
Regular Meeting Minutes
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November 24, 2021
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DRAFT
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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November 24, 2021
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DRAFT
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.
Oneida Business Committee
Regular Meeting Minutes
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November 24, 2021
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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
Oneida Business Committee
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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
Oneida Business Committee
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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
Oneida Business Committee
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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
Oneida Business Committee
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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.
•
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
•
•
•
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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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.
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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.