Phone: (920)869-2214 (2016)
Tribal code
Ask Donna
What actually matters in this document.
Text
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Meeting Materials October 12, 2016
Open Session
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 60 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 12th day of October, 2016.
____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
Open Meeting Packet
Page 1 of 640
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, October 11, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, October 12, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/
I. CALL TO ORDER AND ROLL CALL
II. OPENING
III. ADOPT THE AGENDA
IV. OATHS OF OFFICE
A. Oneida Family Court Judge – Marcus S. Zelenski
V. MINUTES
A. Approve September 28, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
B. Approve September 30, 2016, special meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
VI. RESOLUTIONS
A. Adopt resolution entitled Eviction and Termination Law
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
B. Adopt resolution entitled Defining Comprehensive Housing Division in the Eviction and
Termination Law
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
C. Adopt resolution entitled Landlord-Tenant Law
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
Oneida Business Committee Regular Meeting Agenda of October 12, 2016
Page 1 of 6
Open Meeting Packet
Page 2 of 640
D. Adopt resolution entitled Defining Comprehensive Housing Division in the LandlordTenant Law
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
E. Adopt resolution entitled Vendor Licensing Law Amendments
Sponsor:
Councilman Brandon Stevens, Chair/Legislative Operating Committee
VII. APPOINTMENTS
A. Approve recommendation to appoint Weldon “Ted” Hawk to the Environmental Resources
Board
Sponsor:
Tina Danforth, Tribal Chairwoman
B. Approve recommendation to appoint Felicia Bernhardt to the Southeastern Oneida Tribal
Services Advisory Board
Sponsor:
Tina Danforth, Tribal Chairwoman
VIII. STANDING COMMITTEES
A. Finance Committee
Sponsor:
Trish King, Tribal Treasurer
1. Approve October 3, 2016, Finance Committee meeting minutes
IX. UNFINISHED BUSINESS
A. Review final report and accept recommendation regarding Medicare Part B Research
Sponsors:
Debra Danforth Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Division Director/Medical Operations
EXCERPT FROM APRIL 08, 2015: Motion by Melinda J. Danforth to defer the Medicare Part B
research back to the Comprehensive Health Division Directors and to comeback with a report in
90 days that researches the opportunities we would have to provide insurance to those individuals
of 65 and over that are Oneida Tribal members and have a work meeting with the directors to clarify
and develop the scope, seconded by Lisa Summers. Motion carried unanimously
EXCERPT FROM FEBRUARY 11, 2015: Motion by Melinda Danforth to accept the Oneida Nation
Commission on Aging report and that the request from ONCOA regarding researching whether or
not the Tribe should pay for Medicare Part B benefits for Tribal members who use the Oneida
Health Center be assigned to the Comprehensive Health Division Directors to research and bring
back in 60 days, seconded by Lisa Summers. Motion carried unanimously.
B. Review update regarding vacancies and appointment recommendations regarding Oneida
Personnel Commission (Not submitted)
Sponsor:
Tina Danforth, Tribal Chairwoman
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer this item back to
Chair’s Office regarding the (2) two Oneida Personnel Commission vacancies not filled through
posting #3 which had the deadline of June 20, 2016, and the one (1) vacancy not filled through
posting #4 which had the deadline of July 15, 2016; and to request clarifications be brought back
to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried
with two abstentions.
Oneida Business Committee Regular Meeting Agenda of October 12, 2016
Page 2 of 6
Open Meeting Packet
Page 3 of 640
EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation
to appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel
Commission, seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment
to the main motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of
events for these particular vacancies for information to the Business Committee, seconded by
Jennifer Webster. Motion carried unanimously.
X. NEW BUSINESS
A. Approve request from Environmental Resources Board to support Menominee Nation in
opposing the Back Forty Mine
Chair:
Marlene Garvey; Environmental Resources Board
Liaison:
Tehassi Hill, Councilman
B. Approve annual Gaming Facilities Compliance Inspections; and request a letter be drafted
by Tribal Secretary certifying approved request
Sponsor:
Troy Parr, Division Director/Development
C. Approve changes to the Rules of Play – Poker which were adopted by Oneida Gaming
Commission on September 30, 2016
Chair:
Mark A. Powless Sr.
Liaison:
Brandon Stevens, Councilman
D. Approve request from Oneida Nation School Board regarding the Final Settlement
Agreement in the Ramah Navajo Chapter, et al., v. Jewell case
Chair:
Debra Danforth; Oneida Nation School Board
Liaison:
Fawn Billie, Councilwoman
E. Approve limited waiver of sovereign immunity – Wisconsin Public Service – contract #
2016-1143 for CIP project # 14-008 Uskah Village Infrastructure
Sponsor:
James Petitjean, Interim Assistant Division Director/Development
F. Approve three (3) requests regarding 2017 Oneida Business Committee Standing Meeting
Schedule
Sponsor:
Lisa Summers, Tribal Secretary
G. Approve 2017 Quarterly Report Schedule; and direct Tribal Secretary to provide
notification of schedule to Boards, Committees, and Commissions, Standing Committees,
and Corporate Boards no later than December 1, 2016
Sponsor:
Lisa Summers, Tribal Secretary
H. Approve limited waiver of sovereign immunity – CNH America LLC-CHN Industrial Capital
– contract # 2016-0973
Sponsor:
Larry Barton, Chief Financial Officer
XI. TRAVEL
A. TRAVEL REPORTS
1. Accept travel report – Councilman David Jordan – 34th Annual Native American
Finance Officers Association (NAFOA) conference – Phoenix, AZ – April 17-20, 2016
Oneida Business Committee Regular Meeting Agenda of October 12, 2016
Page 3 of 6
Open Meeting Packet
Page 4 of 640
2. Accept travel report – Councilman David Jordan – Democratic National Convention –
Philadelphia, PA – July 24-29, 2016
B. TRAVEL REQUESTS
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved travel request – Councilman Brandon Stevens – White House Tribal
Nations conference – Washington D.C. – September 25-27, 2016
Requestor:
Brandon Stevens, Councilman
XII. REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. OPERATIONAL REPORTS
1. Accept Development Division FY ’16 4th quarter report
(1:30 p.m.-1:50 p.m.)
Sponsors: Troy Parr, Division Director/Development; Jacque Boyle, Interim Assistant
Division Director/Operations; Scott Cottrell, Utilities Manager
2. Accept Environmental Health & Safety Division FY ’16 4th quarter report
(1:50 p.m.-2:10 p.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
3. Accept Division of Land Management FY ’16 4th quarter report
(2:10 p.m.-2:30 p.m.)
Sponsor: Patrick Pelky, Division Director/Land Management
B. BOARDS, COMMITTEES, AND COMMISSIONS
1. Accept Anna John Residential Centered Care Community Board FY ’16 4th quarter
report (2:30 p.m.-2:45 p.m.)
Chair:
Candace House
Liaison:
Melinda J. Danforth, Tribal Vice-Chairwoman
2. Defer Oneida Nation Arts Board FY ’16 4th quarter report to the October 26, 2016,
regular Business Committee meeting
Chair-Elect: Dawn Walschinski
Liaison:
Jennifer Webster, Councilwoman
XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)
A. Schedule the 2nd reconvened special General Tribal Council meeting
Sponsor:
Lisa Summers, Tribal Secretary
B. Approve reprint and mailing of meeting materials for the 2nd reconvened special General
Tribal Council meeting
Sponsor:
Lisa Summers, Tribal Secretary
Oneida Business Committee Regular Meeting Agenda of October 12, 2016
Page 4 of 6
Open Meeting Packet
Page 5 of 640
XIV. EXECUTIVE SESSION
A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel
B. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
C. UNFINISHED BUSINESS
1. Review report regarding request from Tribal Member’s concern over depletion of
Bureau of Indian Affairs – General Assistant Grant funds (Not submitted)
Sponsors: Chris Johns, Coordinator/Self-Governance; Liz Somers, Division
Director/Governmental Services
EXCERPT FROM AUGUST 24 & 29, 2016: (1) Motion by Jennifer Webster to accept the request as
information; and to request the Governmental Services Division and Self-Governance Director to
provide a report, seconded by Lisa Summers. Motion carried unanimously. (2) Amendment to the main
motion by Lisa Summers to defer this item to a Business Committee Officer’s for continued monitoring
and follow-up; and to request the initial report be brought back within thirty (30) days, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM AUGUST 10, 2016: Motion by Trish King to defer the remaining agenda items to the
August 24, 2016, regular Business Committee meeting…, seconded by Lisa Summers. Motion carried
unanimously.
D. NEW BUSINESS
1. Accept update regarding white corn crop damage as information
(This item is scheduled to begin at 9:00 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
2. Review concern regarding safety and lockdown procedures at Skenandoah building
and determine next steps
(This item is scheduled to begin at 9:30 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
3. Accept update regarding Department of Public Works HVAC contracts as information
(This item is scheduled to begin at 10:00 a.m.)
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
4. Review close-out report regarding 340-B certification and determine next steps
(This item is scheduled to begin at 10:30 a.m.)
Sponsors: Debra Danforth Division Director/Comprehensive Health Operations; Dr.
Ravinder Vir, Division Director/Medical Operations
5. Approve limited waiver of sovereign immunity – Fredericks Peebles & Morgan LLP –
contract # 2016-1076
(This item is scheduled to begin at 11:00 a.m.)
Chair:
Debra Danforth; Oneida Nation School Board
Liaison:
Fawn Billie, Councilwoman
Oneida Business Committee Regular Meeting Agenda of October 12, 2016
Page 5 of 6
Open Meeting Packet
Page 6 of 640
6. Review submission regarding complaint # 2016-DR07-01
(This item is scheduled to begin at 11:30 a.m.)
Sponsor: Lisa Summers, Tribal Secretary
7. Review proposed Economic Development Structure and determine next steps
(This item is scheduled to begin at 1:30 p.m.)
Sponsor: Troy Parr, Division Director/Development
8. Approve limited waiver of sovereign immunity – Wisconsin Division of Transportation
– Sealed Bid for Purchase of Excess Highway Property – contract # 2016-1123
(This item is scheduled to begin at 2:30 p.m.)
Sponsor: Patrick Pelky, Division Director/Land Management
9. Review and accept concern # 2016-CC-17 as information
Sponsor:
Tina Danforth, Tribal Chairwoman
10. Review concern # 2016-CC-18 and determine next steps
Sponsor:
Tina Danforth, Tribal Chairwoman
11. Review item regarding Ancillary Facilities and determine next steps
Sponsor:
Tina Danforth, Tribal Chairwoman
12. Discuss Self-Governance Coordinator succession planning and determine next steps
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
13. Review update regarding Tribal Ombudsman
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
14. Approve request for title change of Medical Director to Comprehensive Health Division
Director-Medical
Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman
15. Discuss performance expectations for new Direct Reports
Sponsor:
Trish King, Tribal Treasurer
16. Review complaint # 2016-DR06-05 and determine next steps
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
17. Approve limited waiver of sovereign immunity – PoliticalCalling.com – contract # 20161128
Sponsor:
Nathan King, Director/Intergovernmental Affairs & Communications
XV. ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., on Friday, October 7, 2016,
pursuant to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://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) 2362214.
Oneida Business Committee Regular Meeting Agenda of October 12, 2016
Page 6 of 6
Open Meeting Packet
Page 7 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10
I 12 I 16
2. General Information:
Session:
~
Open
D Executive- See instructions for the applicable laws, then choose one:
Other
AgendaHeader:
Llo_a_th_s_o_f_O_ff_ic_e____________________________________________________~
D Accept as Information only
~
Action - please describe:
Administer Oath of Office for New Family Court Judge-Marcus S. Zelenski
3. Supporting Materials
D Report
~
~
D Resolution
D Contract
Other:
O_n-ei_d_a-Ju_d_i_ci_ar-y--F-a_m_i_ly_C_o--,
1.'lo-a-th--of_O_ff_i_c_e-fo-r-th_e__
3
2.
4.
.L___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ ,
Business Committee signature required
4. Budget Information
D Budgeted- Tribal Contribution
D Budgeted -Grant Funded
D Unbudgeted
5. Submission
Authorized Sponsor I Liaison:
Melinda J. Danforth, Tribal Vice Chairwoman
Primary Requestor/Submitter:
Robert J. Collins, II, Family Court Judge
Your Name, Title I Dept. or Tribal Member
Additional Requestor:
Raeann Skenandore, Court Administrator-Oneida Judiciar
Name, Title I Dept.
Additional Requestor:
Name, Title I Dept.
Page 1 of2
Open Meeting Packet
Page 8 of 640
Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Oneida Family Court: Marcus S. Zelenski, new contracted Judge to replace outgoing Judge Robert J. Collins, II.
Administration of oath required as soon as possible after start date of October 5, 2016.
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 of2
Open Meeting Packet
Page 9 of 640
ONEIDA TRIBE OF INDIANS OF WISCONSIN
OATH OF OFFICE FOR THE ONEIDA JUDICIARY-FAMILY COURT
I, Marcus Zelenski, hereby promise to uphold the Tribal Constitution and the laws and ordinances of the
Oneida Nation.
I affirm that I will abide by the Canons of Judicial Conduct and impartially apply the law and administer
justice.
I will perform my duties to the best of my ability and on behalf of the Oneida people with honor, respect,
dignity, and sincerity, and will maintain confidentiality at all times
I will carry out the duties and responsibilities as the Family Court Judge of the Oneida Judiciary and will
promote and protect the best interests of the Oneida Nation with fair, harmonious, and peaceful resolution
of all matters affecting both members and non-members and the Nation's posterity.
I will faithfully discharge the duties of the office of which I am sworn.
OOOD:OO=
Dated this lih day of October, 2016
ONEIDA
Cristina Danforth, Chairwoman
Oneida Nation
Open Meeting Packet
Page 10 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve September 28, 2016, regular meetings minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. September 28, 2016, regular meetings minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Open Meeting Packet
Page 11 of 640
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, September 27, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, September 28, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Vice-Chairwoman Melinda J. Danforth, Council members: Fawn Billie, Tehassi Hill, David Jordan,
Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Councilman Brandon
Stevens;
Arrived at: ;
Others present: Jo Anne House, Lisa Liggins, Larry Barton, Danelle Wilson, Janice Skenandore-Hirth, Josh
Doxtator, Justin Fox, Kelly McAnally, Patrick Pelky, Geraldine Danforth, Jennifer Garcia, Nathan King, Bobbi
Webster, Liz Somers, Michele Doxtator;
REGULAR MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Fawn Billie,
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Treasurer Trish King;
Arrived at: ;
Others present: Brad Graham, Bill Graham, Jessica Wallenfang, RC Metoxen, Jo Anne House, Heather Heuer,
Dawn Walschinski, Chris Johns, Chris Johnson, Sandy Sieloff, Madelyn Genskow, Laura Manthe, Jen Falck,
Wesley Martin Jr., Melinda K. Danforth, Ed Delgado, Frank Cornelius, Larry Barton, Dawn Moon-Kopetsky,
LouAnn Green, Debra Danforth, Taniquelle Thurner, Patrick Pelky, Brian Doxtator, Susan White, Paul Witek,
James Petitjean, Chaz Wheelock, Dale Wheelock, Cathy Metoxen, Cheryl Skolaski, Troy Parr, Lisa Liggins, Rich
Vanboxtel, Liz Somers, Bonnie Pigman, Gina Buenrostro, Justin Fox, Michele Doxtator, Karen Smith, Kathy
Metoxen, Paul Killian;
I.
CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 9:00 a.m.
For the record:
II.
Chairwoman Tina Danforth is away on travel attending the White House Tribal
Nations Conference in Washington D.C. Treasurer Trish King is out of the office
on personal time. Secretary Lisa Summers is excused at 3:30 p.m. for a personal
appointment.
OPENING by Councilman Tehassi Hill
A. Presentation of grant award to Pulaski School District for Oneida Language class
Sponsor:
Lisa Summers, Tribal Secretary
Item deleted at adoption of the agenda.
Open Meeting Packet
III.
Page 12 of 640
ADOPT THE AGENDA (00:04:02)
Motion by Lisa Summers to adopt the agenda with the following with the following changes: [Delete item 2.A.
Presentation of grant award to Pulaski School District for Oneida Language class; Add Executive Session – New
Business item “Review concern # 2016-CC-13”; Add Executive Session – New Business item “Review concern #
2016-CC-14”; Add Executive Session – New Business “Review concern # 2016-CC-16”; and Revise the title of
Executive Session – New Business item 14E.03 to include reference tracking # “2016-CC-15” ], seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
IV.
OATHS OF OFFICE (00:10:32) administered by Secretary Lisa Summers
A. Oneida Child Protective Board – Melinda K. Danforth and Wesley Martin Jr.
V.
MINUTES (00:12:40)
A. Approve September 14, 2016, regular meeting minutes
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to approve the September 14, 2016, regular meeting minutes, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
VI.
RESOLUTIONS (00:13:00)
A. Adopt resolution titled Extending Multi-Year Funding Agreement (MYFA) – Oneida Nation and
U.S. Dept. of the Interior’s Bureau of Indian Affairs (DOI/BIA) – Calendar Years 2017 through
2021
Sponsor: Chris John, Coordinator/Self-Governance
Motion by Lisa Summers to adopt resolution # 09-28-16-A Extending Multi-Year Funding Agreement (MYFA) –
Oneida Nation and U.S. Dept. of the Interior’s Bureau of Indian Affairs (DOI/BIA) – Calendar Years 2017 through
2021 noting the following change: [Revise the fourth Whereas mission statement needs to reflect the mission
statement of the Oneida Nation], seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Motion by Lisa Summers to direct the Fee-to-Trust Memorandum of Understanding be sent to the October 18,
2016, Business Committee work meeting for further processing of next steps, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Open Meeting Packet
Page 13 of 640
B. Adopt resolution titled Assignment of Return on Investment from Oneida Total Integrated
Enterprises to Economic Development and Diversification
Sponsor: Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to adopt resolution # 09-28-16-B Assignment of Return on Investment from Oneida
Total Integrated Enterprises to Economic Development and Diversification, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
VII.
STANDING COMMITTEES
A. Legislative Operating Committee
Sponsor:
Councilman Brandon Stevens, Chair
1. Accept Legislative Operating Committee FY ’16 3rd quarter report (00:56:12)
Motion by Brandon Stevens to accept the Legislative Operating Committee FY ’16 3rd quarter report, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
2. Accept September 21, 2016, Legislative Operating Committee meeting minutes (4:48:26)
Motion by Fawn Billie to accept the September 21, 2016, Legislative Operating Committee meeting minutes,
Legislative Operating Committee meeting minutes, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. Finance Committee
Sponsor:
Tribal Treasurer Trish King, Chair
1. Accept Finance Committee FY ’16 3rd quarter report (4:49:03)
Motion by David Jordan to accept the Finance Committee FY ’16 3rd quarter report, seconded by Jennifer
Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Secretary Lisa Summers departs at 3:08 p.m.
2. Approve September 19, 2016, Finance Committee meeting minutes (4:50:05)
Motion by David Jordan to approve the September 19, 2016, Finance Committee meeting minutes, seconded by
Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Open Meeting Packet
Page 14 of 640
3. Approve recommendations regarding request for procedural exception to the Asset
Disposal Policy (4:59:23)
Motion by Jennifer Webster to deny the request and refer the member to the Asset Disposal Policy, seconded by
David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
C. Community Development Planning Committee
Sponsor:
Vice-Chairwoman Melinda J. Danforth, Chair
1. Accept Community Development Planning Committee FY ’16 3rd quarter report (5:18:15)
Motion by David Jordan to accept the Community Development Planning Committee FY ’16 3rd quarter report,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
D. Quality of Life Committee
Sponsor:
Councilwoman Fawn Billie, Chair
1. Accept Quality of Life Committee FY ’16 3rd quarter report (5:31:52)
Motion by Jennifer Webster to accept the Quality of Life Committee FY ’16 3rd quarter report, seconded by
Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
2. Accept June 9, 2016, Quality of Life Committee meeting minutes (5:32:27)
Motion by David Jordan to accept the June 9, 2016, Quality of Life Committee meeting minutes, seconded by
Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens
Abstained:
Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
3. Accept July 14, 2016, Quality of Life Committee meeting minutes (5:32:54)
Motion by David Jordan to accept the July 14, 2016, Quality of Life Committee meeting minutes, seconded by
Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Tina Danforth, Trish King, Lisa Summers
Open Meeting Packet
VIII.
Page 15 of 640
STANDING ITEMS (1:07:50)
Councilman Tehassi Hill departs at 10:09 a.m.
Councilman Tehassi Hill returns at 10:12 a.m.
A. Review update regarding Work Plan for Cemetery Improvements project # 14-002 and approve
recommendations (This item is scheduled to begin at 10:00 a.m.)
Sponsor: James Petitjean, Interim Assistant Division Director/Development
Motion by Lisa Summers to approve the request to implement alternative # 3 “Expand Existing Subsurface
Drainage System”; to approve the request to transfer remaining unobligated balance from the completed CIP
project # 13-004 Main Casino Clean Agent System to the Cemetery Improvements project # 14-002; and to
approve the request to transfer remaining unobligated balance from the completed CIP project # 13-005 Main
Casino Clean Agent System to the Cemetery Improvements project # 14-002, seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Motion by Lisa Summers to accept the recommendation to award contract for engineering services to complete
bid and construction documents for mitigation measures, seconded by Jennifer Webster. Motion carried with one
abstention:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Trish King
Motion by Lisa Summers to accept the recommendation to bid work to contractors, award construction contract,
and construct mitigation measures be approved, seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Trish King
Motion by Lisa Summers to accept the recommendation that data gathering from monitoring wells to continue,
including to review data from monitoring wells on property east to define extents future cemetery on that side of
the road, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Motion by Lisa Summers to accept recommendation #4 “Replace Clay Subsoil with More Permeable Fill”,
deferring it back to the team to be included as part of the project buffering, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Motion by Lisa Summers to request this item continue to be a standing item on the Business Committee agenda
on a quarterly basis for updates, with the first quarterly report to be submitted for the January 11, 2017, Business
Committee meeting, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Open Meeting Packet
IX.
Page 16 of 640
UNFINISHED BUSINESS (2:24:30)
Councilman Tehassi Hill departs at 11:47 a.m.
Councilman Tehassi Hill returns at 11:49 a.m.
Councilman David Jordan departs at 11:49 a.m.
A. Review update regarding Environmental Health & Safety FY ’16 3rd quarter report
(This item is scheduled to begin at 11:00 a.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
EXCERPT FROM AUGUST 24, 2016: Motion by Melinda J. Danforth to approve the Tribal Member’s
request for information; to request the Division Director of Environmental Health & Safety to bring back
a report to the September 28, 2016, regular Business Committee meeting; and to request all
appropriate parties relative to that report to be present for the discussion, seconded by Tehassi Hill.
Motion carried with one opposed.
Motion by Lisa Summers to accept the follow-up report dated September 20, 2016, from Environmental Health &
Safety Division, Governmental Services Division, Risk Management, and Oneida Police Department as
information, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Trish King
X.
TABLED BUSINESS (1:59:00)
A. Accept update and approve recommendations regarding Oneida Sacred Burial Grounds
(This item is scheduled to begin at 10:30 a.m.)
Sponsor: Brandon Stevens, Councilman
EXCERPT FROM AUGUST 24, 2016: Motion by Lisa Summers to table this item until after the
September 28, 2016, regular Business Committee meeting so that we have more information before
us, seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the
memorandum from the Trust Department dated May 31, 2016, as information, noting there have been
two (2) identified alternative sites for a cemetery should the need arise and to send this item to the
next available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded
by Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the
Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried
unanimously. (2) Amendment to the main motion by Tehassi Hill to request an update at the first
regular Business Committee meeting in June regarding potential locations of the cemetery, seconded
by Trish King. Motion carried unanimously.
Motion by Lisa Summers to take this item from the table, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
Secretary Lisa Summers departs at 11:02 a.m.
Councilman Brandon Stevens departs at 11:06 a.m.
Secretary Lisa Summers returns at 11:13 a.m.
Councilman Brandon Stevens returns at 11:14 a.m.
Motion by Fawn Billie to defer this item to the October 18, 2016, Business Committee work meeting, seconded by
Lisa Summers. Motion carried unanimously:
Open Meeting Packet
Ayes:
Not Present:
XI.
Page 17 of 640
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Tina Danforth, Trish King
NEW BUSINESS (3:08:35)
A. Approve Gannett Publishing Services – contract # 2016-0967
Sponsor:
Joanie Buckley, Division Director/Internal Services
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity Gannett Publishing Services –
contract # 2016-0967, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Trish King
B. Approve limited waiver of sovereign immunity – Carl Zeiss Meditech, Inc. – contract # 20160804
Sponsor:
Debra Danforth, Division Director/Comprehensive Health Operations
Motion by Lisa Summers to approve the limited waiver of sovereign immunity – Carl Zeiss Meditech, Inc. –
contract # 2016-0804, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Trish King
Motion by Jennifer Webster to recess at 12:14 p.m. until 1:30 p.m., seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, David Jordan, Trish King
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.
Chairwoman Tina Danforth, Councilman Tehassi Hill, Treasurer Trish King, and Secretary Lisa Summers not
present.
XII.
REPORTS (3:12:51) (This section of the agenda is scheduled to begin at 1:30 p.m.)
A. Unfinished Reports
Secretary Lisa Summers arrives at 1:33 p.m.
Councilman Tehassi Hill arrives at 1:34 p.m.
1. Accept Oneida Golf Enterprise FY ’16 3rd quarter report
(1:30 p.m. – 1:45 p.m.)
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer the Oneida Golf
Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
Motion by David Jordan to accept the Oneida Golf Enterprise FY ’16 3rd quarter report, seconded by Brandon
Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth, Trish King
Open Meeting Packet
Page 18 of 640
B. Operational Reports
1. Accept Oneida Retail Enterprise FY ’16 3rd quarter report
(1:45 p.m. – 2:05 p.m.)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
Motion by David Jordan to accept the Oneida Retail Enterprise FY ’16 3rd quarter report, seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
C. Boards, Committees, and Commissions
1. Determine appropriate next steps regarding Oneida Personnel Commission FY ’16 2nd
quarter report (2:05 p.m. – 2:10 p.m.)
Chair:
Yvonne Jourdan
Liaisons:
Lisa Summers, Tribal Secretary; David Jordan, Councilman
Motion by Lisa Summers to deny the Oneida Personnel Commission FY ’16 2 nd quarter report, seconded by
Brandon Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, Brandon Stevens, Lisa Summers, Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Trish King
2. Accept Personnel Commission FY ’16 3rd quarter report
(2:15 p.m. – 2:30 p.m.)
Chair:
Yvonne Jourdan
Liaison:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to deny the Personnel Commission FY ’16 3rd quarter report due to the same reason
that the presumptive statement without due process is included in this report as well, seconded by Brandon
Stevens. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Abstained:
David Jordan
Not Present:
Tina Danforth, Trish King
3. Accept Land Commission FY ’16 3rd quarter report
(2:30 p.m. – 2:45 p.m.)
Chair:
Rae Skenandore
Liaison:
Tehassi Hill, Councilman
Motion by Jennifer Webster to accept the Land Commission FY ’16 3rd quarter report, seconded by Fawn Billie.
Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth, Trish King
Open Meeting Packet
XIII.
Page 19 of 640
GENERAL TRIBAL COUNCIL (4:44:32) (To obtain a copy of Members Only Materials, please visit the
BC Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)
A. Approve notice, agenda, and supplemental materials for the 2nd reconvened Semi-Annual
General Tribal Council meeting scheduled on October 30, 2016
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to approve the notice, agenda, and supplemental materials for the 2nd reconvened
Semi-Annual General Tribal Council meeting scheduled on October 30, 2016, seconded by Fawn Billie. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
XIV.
EXECUTIVE SESSION (5:33:39)
A. Unfinished Reports
1. Accept Oneida Golf Enterprise FY ’16 3rd quarter report
(9:00 a.m. - 9:30 a.m.)
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer the Oneida Golf
Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.
Motion by Tehassi Hill to accept the Oneida Golf Enterprise FY ’16 3rd quarter report, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
B. Reports
1. Accept Oneida Retail Enterprise FY ’16 3rd quarter report
(10:00 a.m. – 10:30 a.m.)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits
Motion by Tehassi Hill to accept the Oneida Retail Enterprise FY ’16 3rd quarter report, seconded by Jennifer
Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
2. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager
(10:30 a.m. – 11:00 a.m.)
Motion by Tehassi Hill to accept the Gaming General Manager report, seconded by David Jordan. Motion carried
with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Open Meeting Packet
Page 20 of 640
3. Accept Intergovernmental Communications and Affairs report – Nathan King, Director/
Intergovernmental Affairs and Communications
Motion by Tehassi Hill to approve the correspondence to Senator Ron Johnson regarding the Tribal Labor
Sovereignty Act of 2015; and to direct the Tribal Chair or Tribal Vice-Chair to sign the approved letter, seconded
by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Tehassi Hill to accept the Intergovernmental Communications and Affairs report, seconded by Jennifer
Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
4. Accept Chief Counsel report – Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel report, seconded by David Jordan. Motion carried with
one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
C. Standing Items
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
(9:30 a.m. – 10:00 a.m.)
Sponsor:
Trish King, Tribal Treasurer
Motion by Fawn Billie to accept the Oneida Golf Enterprise – Ladies Professional Golf Association written report,
seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Tehassi Hill to accept the verbal update; and to direct a written summary including the discussed
benchmarks be submitted for the next report, seconded by David Jordan. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
D. Audit Committee
Sponsor:
Councilman Tehassi Hill, Chair
1. Accept Audit Committee FY ’16 3rd quarter report
Motion by David Jordan to accept the Audit Committee FY ’16 3rd quarter report, seconded by Fawn Billie. Motion
carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Open Meeting Packet
E.
Page 21 of 640
New Business
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
a. Approved request to authorize Oneida Law Office to file declaratory and injunctive relief in
federal courts prohibiting Village of Hobart from interfering with Oneida Applefest
Requestor:
Jo Anne House, Chief Counsel
Motion by Jennifer Webster to enter the E-Poll results into the record for approved request to authorize Oneida
Law Office to file declaratory and injunctive relief in federal courts prohibiting Village of Hobart from interfering
with Oneida Applefest, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
b. Approved Legislative Reference Office staff attorney contacts # 2016-1006 and # 20161007
Requestor:
Jo Anne House, Chief Counsel
Motion by Jennifer Webster to enter the E-Poll results into the record for approved Legislative Reference Office
staff attorney contacts # 2016-1006 and # 2016-1007, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Lisa Summers,
Jennifer Webster
Not Present:
Tina Danforth, Trish King
2. Accept update regarding complaint # 2016-DR07-01
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to accept the update regarding complaint # 2016-DR07-01, seconded by Fawn Billie.
Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
3. Approve request for an investigation into the release of confidential information regarding
concern # 2016-CC-15
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to request the Human Resources Department to expedite their investigation regarding
concern # 2016-CC-15, seconded by Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Motion by Tehassi Hill to request the Law Office to complete a legal opinion on the potential liability to the Oneida
Nation for the disclosure of confidential information, seconded by Jennifer Webster. Motion carried with one
abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Open Meeting Packet
Page 22 of 640
4. Approve Family Court Judge – contract # 2016-1106
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to approve the Family Court Judge – contract # 2016-1106, seconded by David
Jordan. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Councilwoman Fawn Billie departs at 4:06 p.m.
5. Review options regarding expiration of additional duties compensation of Division Director
of Land Management position and determine appropriate next steps
(This item is scheduled to begin at 1:30 p.m.)
Sponsors:
Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary
Motion by Tehassi Hill to approve a procedural exception to the Standard Operating Procedure to extend
additional duties pay for an additional six (6) months, seconded by David Jordan. Motion carried with one
abstention:
Ayes:
Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Motion by David Jordan to defer the update on the Comprehensive Housing Division and the Land
Management/Environmental Health & Safety reorganization to the October 18, 2016, Business Committee work
meeting for discussion, seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Fawn Billie, Trish King, Lisa Summers
Councilwoman Fawn Billie returns at 4:08 p.m.
6. Review concern # 2016-CC-13
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to direct the Tribal Secretary to provide a response to the complainant, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
7. Review concern # 2016-CC-14
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Fawn Billie to accept the update; and to request the Intergovernmental Affairs & Communications
Department to executive their Public Relations plan related to the concern, seconded by Tehassi Hill. Motion
carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
Open Meeting Packet
Page 23 of 640
8. Review concern # 2016-CC-16
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to accept the verbal update as information, seconded by Fawn Billie. Motion carried with
one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth, Trish King, Lisa Summers
XV.
ADJOURN
Motion by David Jordan to adjourn at 4:09 p.m., seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Lisa Summers
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Open Meeting Packet
Page 24 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Minutes
Accept as Information only
Action - please describe:
Approve September 30, 2016, special meetings minutes
3. Supporting Materials
Report
Resolution
Contract
Other:
1. September 30, 2016, special meetings minutes
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Lisa Summers, Tribal Secretary
Primary Requestor/Submitter:
Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Open Meeting Packet
Page 25 of 640
Oneida Business Committee
Special Meeting
8:30 a.m. Friday, September 30, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
SPECIAL MEETING
Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members: Fawn Billie,
Tehassi Hill, David Jordan, Jennifer Webster;
Not Present: Chairwoman Tina Danforth, Treasurer Trish King, Councilman Brandon Stevens;
Arrived at: ;
Others present: Jo Anne House, Larry Barton, Heather Heuer, Brian Doxtator, Tracey Cordova;
I.
CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:30 a.m.
II.
OPENING
III.
ADOPT THE AGENDA
Motion by Fawn Billie to adopt the agenda with the following change: [Add New Business item 5.A. Enter E-Poll
results into the record for approved request to direct payment of the 2016 per capita payment in accordance with
the Revenue Allocation Plan for which the Oneida Nation has received verbal notice of recommendation of
approval and the approval letter is awaiting signature], seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
IV.
RESOLUTIONS
A. Adopt resolution titled Continuing Budget Resolution for Fiscal 2017
Sponsor:
Trish King, Tribal Treasurer
Motion by David Jordan to adopt resolution # 09-30-16-A Continuing Budget Resolution – Fiscal Year 2017, with
the following changes: [Delete lines 82-86; Include a deadline of Thursday, November 10, 2016 for contingency
plans to the Last Resolve and add this line after end of last paragraph to read “All contingency plans are due to
the Treasurer by Thursday, November 10, 2016; and Revise “include” to “including” in line 48], seconded by Lisa
Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Open Meeting Packet
V.
Page 26 of 640
NEW BUSINESS
A. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting:
Sponsor:
Lisa Summers, Tribal Secretary
1. Approved request to direct payment of the 2016 per capita payment in accordance with the
Revenue Allocation Plan for which the Oneida Nation has received verbal notice of
recommendation of approval and the approval letter is awaiting signature
Requestor:
Jo Anne House, Chief Counsel
Motion by Fawn Billie to enter the E-Poll results into the record for approved request to direct payment of the 2016
per capita payment in accordance with the Revenue Allocation Plan for which the Oneida Nation has received
verbal notice of recommendation of approval and the approval letter is awaiting signature, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
VI.
ADJOURN
Motion by Lisa Summers to adjourn at 8:40 a.m., seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth, Trish King, Brandon Stevens
Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.
_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Open Meeting Packet
Page 27 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
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:
Consider the Eviction & Termination Law for adoption
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Meeting Packet
Page 28 of 640
Oneida Nation
=DOOODO=
PO Box 365 • Oneida, WIS4155-0365
ONEIDA
Oneida-nsn.gov
TO :
FROM:
DATE:
RE:
r'\
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
..-,~
Brandon Stevens, LOC Chairpersmi r
October 5, 2016
Eviction and Tetmination Law
Please find the following attached backup documentation for your consideration of the Eviction
and Tetmination law:
1. Resolution: Eviction and Tetmination (Law)
2.
3.
4.
5.
Statement of Effect: Eviction and Termination (Law)
Eviction and Termination (Law) Legislative Analysis
Eviction and Termination (Law) Draft
Eviction and Tetmination (Law) Fiscal Impact Statement
Overvie1-v
This resolution adopts a new Eviction and Tetmination law. This is a new law which:
•
•
•
•
•
•
•
Contains the minimum framework for the Nation' s termination and eviction processes.
Delegates joint mlemaking authority to the Comprehensive Housing Division and the
Land Commission to develop mles to further govem the processes contained in this law
related to residential contracts. [see 709.4-1].
Delegates joint mlemaking authority to the Division of Land Management and the Land
Commission to develop mles to futther govem the processes contained in this law related
to agricultural and business contracts. [see 709.4-2}.
Details early contract termination, including causes and notice requirements, and
identifies domestic abuse as a defense to eviction [see 709. 6}.
Details the process regarding failure to vacate following the notice of eviction or contract
expiration [se e 709. 6}.
Details the withholding from and retum of security deposits [see 709. 7}.
Provides an appeal process to the Oneida Judiciary [see 709.8].
In accordance with the Legislative Procedures Act, a public meeting was held regarding this law
on August 4, 2016 with a comment period closing on August 11 , 2016. Those comments were
accepted and considered by the Legislative Operating Committee (LOC) at the August 17, 20 16
LOC meeting.
Requested Action
Approve the resolution: Eviction and Tetmination (Law)
Page 1 of 1
A good mind. A good heart. A strong fire.
Open Meeting Packet
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Page 29 of 640
BC Resolution _____________
Eviction and Termination 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 Nation has adopted the Leasing law, which covers residential land leases and
agricultural and business leases (which may include land and improvements), and
the Landlord-Tenant law, which governs rental agreements for residential land
and improvements; and
WHEREAS, the Nation does not have any laws in its code that govern the eviction and
termination process related to leases under the Leasing law or rental agreements
under the Landlord-Tenant law; and
WHEREAS, currently the eviction process, including the appeal of eviction process, is
included in various standard operating procedures from the Division of Land
Management, the Oneida Housing Authority and Elder Services; and
WHEREAS, in order to provide consistency, this law contains the minimum framework
required to terminate a lease or rental agreement (defined as a contract in the law),
evict and withhold from a security deposit; and
WHEREAS, this law provides that the Land Commission and the Comprehensive Housing
Division may jointly create rules to further govern the processes contained in this
law related to residential contracts, and
WHEREAS, this law provides that the Land Commission and the Division of Land
Management may jointly create rules to further govern the processes contained in
this law related to agricultural and business contracts; and
WHEREAS, this law names the Oneida Judiciary as the hearing body able to hear appeals
arising under this law (the Land Commission previously had hearing body
authority for all leases and Division of Land Management administered rental
agreements); and
WHEREAS, a public meeting on the proposed Law was held on August 4, 2016 in accordance
with the Legislative Procedures Act; and
Open Meeting Packet
Page 30 of 640
Resolution ____________
Page 2
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
NOW THEREFORE BE IT RESOLVED, that within 120 calendar days the Land
Commission and the Comprehensive Housing Division shall jointly create rules further
governing the disposition of personal property in relation to residential contracts and the Land
Commission and the Division of Land Management shall jointly create rules further governing
the disposition of personal property in relation to agricultural and business contracts; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Eviction and Termination
law is hereby adopted and shall become effective in 120 calendar days; and
NOW THEREFORE BE IT FINALLY RESOLVED, that because the provision of this law
which names the Oneida Judiciary as the hearing body for appeals conflicts with section 67.115 of the Real Property law adopted by resolution BC-02-25-15-C, this resolution repeals the
second sentence of that section which reads:
If the default is corrected under these circumstances the Lessee will be subject to further
proceedings under the Oneida Administrative Procedures Act, Section 10 Contested Cases, which
may lead to termination of Lessee’s lease, loss of improvements, revised payment schedule
and/or Garnishment of Lessee’s wages in order to pay the remainder of the default.
Open Meeting Packet
Page 31 of 640
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Resolution: Eviction and Termination Law
Summary
This resolution adopts a new Eviction and Termination law. This is a new law which:
Contains the minimum framework for the Nation’s termination and eviction processes.
Delegates joint rulemaking authority to the Comprehensive Housing Division and the
Land Commission to develop rules to further govern the processes contained in this law
related to residential contracts. [see 709.4-1].
Delegates joint rulemaking authority to the Division of Land Management and the Land
Commission to develop rules to further govern the processes contained in this law related
to agricultural and business contracts. [see 709.4-2].
Details early contract termination, including causes and notice requirements, and names
domestic abuse as defense to eviction [see 709.6].
Details the process regarding failure to vacate following the notice of eviction or contract
expiration [see 709.6].
Details the withholding from and return of security deposits [see 709.7].
Provides an appeal process to the Oneida Judiciary [see 709.8].
Submitted by Krystal L. John, Staff Attorney
Analysis
This resolution adopts the Eviction and Termination law which includes the provisions
summarized above.
As noted in the resolution, currently the termination and eviction process, including the appeal of
eviction process, is included in various standard operating procedures from the Division of Land
Management, the Oneida Housing Authority and Elder Services.
In order to provide consistency, this law contains the minimum framework required to terminate
a lease or rental agreement (defined as a contract in the law), evict and withhold from a security
deposit. In regards to rulemaking authority, the Land Commission and the Comprehensive
Housing Division may jointly create rules to further govern the processes contained in this law
related to residential contracts. The Land Commission and the Division of Land Management
may jointly create rules to further govern the processes contained in this law related to
agricultural and business contracts.
Under this law, the Oneida Judiciary is the hearing body able to hear appeals (the Land
Commission previously had hearing body authority for all leases and Division of Land
Management administered rental agreements).
Page 1 of 2
Open Meeting Packet
Page 32 of 640
The only law that the Nation currently has in its code that mentions a termination and/or
eviction, is the leasing portion of the Real Property law. That version of the Real Property law is
only in effect until the Leasing law is approved by the Bureau of Indian Affairs (BIA). Upon
approval of the Leasing law, an updated version of the Real Property law becomes effective
which removes all detail related leases and references the Leasing law. Adoption of this law
conflicts with the currently effective version of the Real Property law which was adopted by
resolution BC-02-25-15-C, but does not conflict with the updated version of the Real Property
law which was adopted by resolution BC-05-13-15-B.
In regards to the currently effective version of the Real Property law which was adopted by
resolution BC-02-25-15-C, section 67.11-5 provides as follows:
In the event of default by the Lessee of the terms of an approved encumbrance,
and the Lessee’s assignment reaches the point of sale or foreclosure, the Division
of Land Management shall have the right to correct the default. If the default is
corrected under these circumstances the Lessee will be subject to further
proceedings under the Oneida Administrative Procedures Act, Section 10
Contested Cases, which may lead to termination of Lessee’s lease, loss of
improvements, revised payment schedule and/or Garnishment of Lessee’s wages
in order to pay the remainder of the default.
The second sentence of that section conflicts with this law because this law names the Oneida
Judiciary as the hearing body for all appeals arising out of this law and the Oneida Judiciary does
not operate under the Oneida Administrative Procedures Act.
In regards to the updated version of the Real Property law which was adopted by resolution BC05-13-15-B and is effective upon the BIA’s approval of the Leasing law, section 67.11-1
provides as follows:
All leasing of tribal land shall be processed in accordance with the Tribe’s
Leasing law.
Nothing in the Leasing law adopted by resolution BC-05-13-15-C conflicts with the provisions
of this law as it is silent as to terminations and evictions. The Leasing law adopted by resolution
BC-05-13-15-C was not approved by the BIA and the Legislative Operating Committee has been
working on revisions to comply with the BIA’s requirements. The current draft of the revised
Leasing law which is under review with the BIA specifically includes a reference to this Eviction
and Termination law. Accordingly, should the revised version be approved by the BIA and
adopted as a law, this Eviction and Termination law would be incorporated into the Leasing law
by reference.
Conclusion
Provided that the adopting resolution repeals the second sentence of section 67.11-5 of the Real
Property Law adopted by resolution BC-02-25-15-C, adoption of this resolution would not
conflict with the Nation’s laws.
Page 2 of 2
Open Meeting Packet
Page 33 of 640
Draft # 3
2016 10 05
1
2
3
Eviction and Termination
4
5
Analysis by the Legislative Reference Office
Title
Sponsor
Requester &
Reason for
Request
Eviction and Termination (law)
Analyst
Brandon Stevens Drafter
Krystal L. John
Maureen Perkins
Land Commission and Legislative Operating Committee
An eviction law separate from the Leasing law and the Landlord-Tenant law is required
to apply to leases and rental agreements under both laws.
The purpose of this law is to provide consistent procedures for terminating a contract
Purpose
and/or evicting an occupant which affords the applicant due process and protects all
parties involved [see 709.1-1].
Comprehensive Housing Division (Division of Land Management, Oneida Housing
Authorized/
Authority, Elder Services), Land Commission, Oneida Judiciary, Oneida Police
Affected Entities
Department
Related
Leasing law, Landlord-Tenant law, Real Property Law, Administrative Rulemaking law,
Legislation
Mortgage and Foreclosure law
Enforcement & The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
Due Process
taken pursuant to this law [see 709.8-1-1].
A public meeting was held on August 4, 2016. This draft includes LOC directed
Public Meeting changes based on comments received during the public comment period.
Status
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Overview
This is a new law that details the current processes used by the Nation regarding terminating
a contract which includes leases under the Leasing law (residential lease, agricultural lease or
business lease) or rental agreements under the Landlord-Tenant law and evicting an occupant
from the Nation’s lands or housing resources. The law also details the process followed when a
contract expires and is not renewed, including if the occupant fails to vacate or remove personal
property. The law contains the minimum framework and requirements related to the termination
and resulting eviction processes. The Comprehensive Housing Division (CHD), the Land
Commission and the Division of Land Management have been delegated joint rulemaking
authority under this law to develop rules which may contain more detailed requirements. This
rulemaking authority is granted through the Administrative Rulemaking law.
The law applies to occupants of tribally owned property including rental agreements and
leases that currently include residential leases (which cover homeowners who lease tribally
owned land), agricultural leases and business leases. These leases are not detailed (there is no
mention of residential, agricultural or business) in this law to allow for expansion of lease
options without requiring this law to be updated. The law refers to the Leasing law which
contains the detail regarding the types of leases the Nation offers. Termination means the
contract is cancelled and eviction means the lessee (including property such as farm equipment
Page 1 of 3
Open Meeting Packet
Page 34 of 640
Draft # 3
2016 10 05
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
or household items) are expelled from the property. The process and requirements to terminate
and/or evict for each of these different types of contracts is the same.
The law details the causes for eviction, which include violation of the terms of the contract,
alleged violation of any applicable law or rule and alleged commitment of one or more nuisance
activities. The basis for allowing for eviction based upon an alleged violation is to protect the
community from unlawful or disruptive occupants who are alleged to have violated the law but
have not yet been convicted as the conviction process can take years. Without this provision, the
Nation would not be able to terminate or evict until a conviction was received, which could
expose the community to continued unlawful activity and create unsafe conditions. Similar
provisions have been recently added to state law. Community members who receive notice of
termination or eviction based upon allegation may contest the termination or eviction to the
Judiciary within the established timeline (detailed on the notice) which will automatically stop
the eviction pending the Judiciary’s determination. The Judiciary may, at its discretion,
recognize alternative agreements regarding pending actions reached between the occupant and a
court of competent jurisdiction pending successful completion of the alternative agreement.
Domestic abuse is listed as a valid defense against eviction under circumstances detailed in the
law.
The notice requirements, including the contents of the notice and the manner the notice is
given to occupants, are detailed for each cause of termination and eviction and the requirements
must be followed in order for the eviction to be valid. The process the CHD will use in the case
of a failure to vacate following a notice of eviction or contract expiration is detailed and requires
that the Oneida Police Department be on scene while locks are changed, explains disposition of
personal property left on the premises and the assessment of damages to the occupant for failure
to vacate the premises following a notice of eviction or contract expiration. The CHD and Land
Commission are required to create rules further detailing the disposition of personal property.
Detail regarding security deposits, including withholding and timing for return, is provided.
Contains the minimum framework for the Nation’s termination and eviction processes.
Delegates joint rulemaking authority to the Comprehensive Housing Division and the
Land Commission to develop rules to further govern the processes contained in this law
related to residential contracts [see 709.4-1].
Delegates joint rulemaking authority to the Land Commission and the Division of Land
Management related to agricultural and business contracts [see 709.4-2].
Details early contract termination, including causes and notice requirements, and names
domestic abuse as defense to eviction [see 709.6].
Details the process regarding failure to vacate following the notice of eviction or contract
expiration [see 709.6].
Details the withholding from and return of security deposits [see 709.7].
Provides an appeal process to the Oneida Judiciary [see 709.8-1].
No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement [see 709.8-2].
The owner is the Comprehensive Housing Division in regards to taking actions
authorized under this law and complaints filed with the Judiciary shall name the
Comprehensive Housing Division and the specific program [see 709.8-3].
Page 2 of 3
Open Meeting Packet
Page 35 of 640
Draft # 3
2016 10 05
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
Administrative Rulemaking
The Comprehensive Housing Division (CHD), the Land Commission and the Division of
Land Management are delegated joint rulemaking authority under this law and are
required to develop and implement the following rules prior to the implementation of this
law:
o The Land Commission and the Comprehensive Housing Division shall jointly
create rules further governing the disposition of personal property in relation to
residential contracts and the Land Commission and the Division of Land
Management shall jointly create rules further governing the disposition of
personal property in relation to agricultural and business contracts. [see 709.61(b)(2)].
o The Land Commission and the Comprehensive Housing Division may jointly
create rules to further govern the processes contained in this law related to
residential contracts [see 709.4-1].
o The Land Commission and the Division of Land Management may jointly create
rules to further govern the processes contained in this law related to agricultural
and business contracts. [see 709.4-2].
Considerations
The LOC may consider including the types of lease contracts currently covered under the
law (residential, agricultural and business leases) while leaving room for additional leases
without requiring the law to be updated. Under this law, you must refer to the Leasing
law to find this detail.
o Suggested language: “Contract” means either a lease document, including but not
limited to residential, agricultural and business leases pursuant to the Leasing Law
or a rental agreement pursuant to the Landlord-Tenant law.
This law references the Comprehensive Housing Division (CHD). The CHD is
scheduled for implementation October 1, 2016. The BC resolution adopting this law will
be accompanied by second resolution that defines the CHD. Each department or division
within the CHD (Oneida Housing Authority, Division of Land Management and Elder
Services) will be required to create rules delegated under this law until the CHD is
implemented.
This law, the Real Property Law amendments, the Landlord-Tenant law and the Leasing
Law are all inter-related. The Real Property Law currently in effect contains provisions
relating to the termination of leases that conflict with this law [see 67.11-5 of current
Real Property Law]. However, this Eviction and Termination law will govern upon
adoption. The current proposed amendments to the Real Property Law pull the detail
related to lease terminations out of the Real Property Law and reference this Eviction and
Termination law instead.
Page 3 of 3
Open Meeting Packet
Page 36 of 640
Draft 4 – For OBC Consideration
2016 10 12
1
2
3
4
5
6
7
8
9
10
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Title 7. Land and Property - Chapter 709
EVICTION AND TERMINATION
shakonato=l$he> okhale> washakonaht&=tha> Aolihw@=ke
they shoo them away – they vanished them – issues
709.1.
709.2.
709.3.
709.4.
709.5.
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Administrative Rulemaking Authority
Early Contract Termination
11
12
13
14
15
709.6.
709.7.
709.8.
Failure to Vacate Following Notice of Eviction or
Contract Expiration
Withholding From and Return of Security Deposits
Eviction and Termination Actions
709.1.
Purpose and Policy
709.1-1. Purpose. The purpose of this law is to provide consistent procedures relating to the
Nation’s rental and leasing programs for terminating a contract and/or evicting an occupant
which affords the applicant due process and protects all parties involved.
709.1-2. Policy. Is it the Nation’s policy to provide fair termination and eviction processes
that preserves the peace, harmony, safety, health, general welfare and the Nation’s resources.
709.2.
Adoption, Amendment, Repeal
709.2-1. This law was adopted by the Oneida Business Committee by resolution
____________.
709.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
709.2-3. 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.
709.2-4. 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.
709.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
709.3.
Definitions
709.3-1. This section shall govern the definitions of words and phrases as used herein. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to contracts governed by this law as defined by Oneida Business
Committee Resolution.1
(b) “Contract” means either a lease document pursuant to the Leasing law or a rental
agreement pursuant to the Landlord-Tenant law.
(c) “Eviction” means to expel an occupant from the premises.
(d) “Nation” means the Oneida Nation.
1
See BC Resolution _________ providing that for purposes of this law, the Comprehensive
Housing Division means the Division of Land Management for general residential contracts, the Oneida Housing
Authority for income-based residential contracts and Elder Services for residential contracts through the Elder
Services program.
7 O.C. 709 – Page 1
Open Meeting Packet
Page 37 of 640
Draft 4 – For OBC Consideration
2016 10 12
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
(e) “Nuisance” means an occupant’s interference with another occupant’s use and
enjoyment of the premises. Nuisance activities include, but are not limited to, allegations
of harassment, disorderly conduct, battery, lewd and lascivious behavior, prostitution,
theft, possession of stolen property, arson, illegal drug activity, gambling, animal
violations, trespassing, weapons violations, habitual noise violations (as defined in the
rules which the Land Commission and the Comprehensive Housing Division shall jointly
establish), execution of warrants, alcohol violations, obstruction/resisting, inspection
related calls in which a law enforcement agency responds.
(f) “Occupant” means the person granted the right to use or occupy a premises pursuant
to a lease or rental agreement entered into in accordance with the Leasing law or
Landlord-Tenant law respectively.
(g) “Owner” means the Nation in its capacity as a lessor as defined in the Leasing law or
as a landlord as defined in the Landlord Tenant law.
(h) “Premises” means the property covered by a contract, including not only the real
property and fixtures, but also any personal property furnished by the owner pursuant to a
contract.
(i) “Rent” means the sum or amount agreed in the contract to be paid by the occupant to
the owner for exclusive possession of the property for the period of time set by the
contract.
(j) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted in accordance with the Administrative Rulemaking law based on authority
delegated in this law in order to implement, interpret and/or enforce this law.
(k) “Security Deposit” means a payment made to the owner by the occupant to ensure
that payments will be made and other responsibilities of the contract performed.
(l) “Waste” means physical damage or deterioration caused to the premises, whether
intentional or negligent.
709.4.
Administrative Rulemaking Authority
709.4-1. Residential Contracts. The Land Commission and the Comprehensive Housing
Division may jointly create rules to further govern the processes contained in this law related to
residential contracts.
709.4-2. Agricultural and Business Contracts. The Land Commission and the Division of Land
Management may jointly create rules to further govern the processes contained in this law related
to agricultural and business contracts.
709.5.
Early Contract Termination
709.5-1. Causes for Early Contract Termination. The owner may terminate the contract prior
to the contract term and evict the occupant, if the occupant:
(a) Violates the terms of the contract;
(b) Is alleged to have violated any applicable law or rule; and/or
(c) Is alleged to have committed one or more nuisance activities.
709.5-2. Domestic Abuse Defense to Eviction. An occupant has a valid defense to eviction if
he or she alleges that if not for the alleged domestic abuse, which is noticed to the owner with
any of the following documentation, there would not be cause for eviction under section 709.5-1:
(a) An injunction order under Wis. Stat. 813.12(4) or any other law of the Nation
protecting the tenant from a co-tenant;
7 O.C. 709 – Page 2
Open Meeting Packet
Page 38 of 640
Draft 4 – For OBC Consideration
2016 10 12
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
(b) An injunction order under Wis. Stat. 813.122 or any other law of the Nation
protecting a child of the tenant from a co-tenant;
(c) An injunction order under Wis. Stat. 813.125(4) or any other law of the Nation
protecting the tenant or child of the tenant from a co-tenant, based on the co-tenant’s
engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02
or 948.025, or stalking under Wis. Stat. 940.32, or attempting or threatening to do the
same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a
child of the tenant under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the
tenant under Wis. Stat. 940.32; or
(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant
being arrested for committing a domestic abuse offense against the tenant under Wis.
Stat. 968.075.
709.5-3. Notice. This section governs the amount of notice required to evict as well as the
manner and form of notice required. When an owner provides notice in compliance with these
requirements, the occupant is not entitled to possession or use of the premises after the date of
the termination provided in the notice.
(a) Eviction for Failure to Pay Rents.
(1) If an occupant fails to pay any installment of rent when due, the occupant’s
contract is terminated if the owner gives the occupant notice requiring the tenant
to pay rent or vacate on or before a date at least thirty (30) calendar days after the
giving of the notice and if the occupant fails to pay accordingly.
(2) If an occupant has been given notice under 709.5-3(a)(1) and has paid the rent
on or before the specified date, or been permitted by the owner to remain in
possession contrary to such notice, and thereafter fails to pay a subsequent
installment of rent on time within one (1) year of said notice, the occupant’s
contract is terminated if the owner, while the occupant is in default in payment of
rent, gives the occupant notice to vacate on or before a date at least fourteen (14)
calendar days after the giving of the notice.
(b) Eviction for Waste or Contract Breach other than Rent Payment.
(1) If an occupant commits waste or breaches any covenant or condition of the
occupant’s contract, other than for payment of rent, the occupant’s tenancy is
terminated if the owner gives the occupant a notice requiring the occupant to
remedy the default or vacate the premises on or before a date at least thirty (30)
calendar days after the giving of the notice, and if the occupant fails to comply
with such notice. An occupant is deemed to be complying with the notice if
promptly upon receipt of such notice the occupant takes reasonable steps to
remedy the default and proceeds with reasonable diligence, or if damages are
adequate protection for the owner and the occupant makes a bona fide and
reasonable offer to pay the owner all damages for the occupant’s breach.
(2) If within one (1) year from the giving of any notice under 709.5-3(b)(1), the
occupant again commits waste or breaches the same or any other covenant or
condition of the occupant’s contract, other than for payment of rent, the
7 O.C. 709 – Page 3
Open Meeting Packet
Page 39 of 640
Draft 4 – For OBC Consideration
2016 10 12
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
occupant’s contract is terminated if the owner, prior to the occupant’s remedying
the waste or breach, gives the occupant notice to vacate on or before a date at
least fourteen (14) calendar days after the giving of the notice.
(c) Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant. The
owner may terminate an occupant’s contract based on an alleged violation of an
applicable law or rule or if the occupant commits a nuisance act.
(1) In order to terminate based on this section, the owner must have received
notice, which may be from, but is not limited to, another occupant, law
enforcement agency or a local government’s office of the district attorney, which
reports:
(A) a violation of an applicable law or rule on behalf of the occupant or in
the occupant’s unit, or
(B) a nuisance that exists in that occupant’s unit or was caused by that
occupant on the owner’s property. In order to terminate the contract, the
owner shall give the occupant written notice requiring the occupant to
vacate on or before a date at least five (5) calendar days after the giving of
the notice.
(2) The occupant may contest a termination based on a violation of applicable law
or rule or nuisance by filing a complaint challenging the basis of the eviction with
the Oneida Judiciary.
(3) If the occupant contests the termination prior to the termination date provided
in the notice, the eviction is stayed and the contract may not be terminated
without proof to the Oneida Judiciary by the owner by the greater preponderance
of the credible evidence of the allegation that a violation of law and/or rule and/or
nuisance exists in that occupant’s unit or was caused by that occupant.
(4) Despite an owner’s satisfaction of the proof requirements in section
709.5(c)(3), the Oneida Judiciary may, at its discretion, stay an eviction by
honoring any alternative agreement regarding pending actions entered into by the
occupant and a court of competent jurisdiction pending successful completion of
the alternative agreement.
(d) Content, Form and Manner of Giving Notice.
(1) Notice Content. Notices required to be provided under this law shall include
the following:
(A) The violation of law and/or rule, committing of nuisance and/or breach
of the contract, with citations to the applicable law, rule and/or contract
clause;
(B) If the notice is pursuant to section 709.5-3(a), the current delinquent
balance due;
(C) If the notice is pursuant to section 709.5-3(a) or (b):
(i) A statement that the occupant has a thirty (30) day period to
cure;
(ii) The date the period to cure expires and the termination
becomes effective in the event occupant does not cure; and
(iii) Potential consequences for failure to cure, which may include,
but are not limited to eviction and the assessment of damages
against the occupant.
7 O.C. 709 – Page 4
Open Meeting Packet
Page 40 of 640
Draft 4 – For OBC Consideration
2016 10 12
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
(D) If notice is pursuant to section 709.5-3(c), a statement that the
occupant may request a hearing with the Oneida Judiciary prior to the
effective date of the termination provided on the notice, and that, if the
occupant timely files for a hearing, there is an automatic stay on the
eviction pending the determination of the Oneida Judiciary;
(E) The contact information for the Comprehensive Housing Division staff
available to answer questions and/or hear concerns of the occupant related
to the notice.
(2) Notice to Individuals. When providing notice to an occupant that is an
individual, the owner shall use one of the following methods:
(A) Giving a copy of the notice personally to the occupant or by leaving a
copy at the occupant’s usual place of abode in the presence of some
competent member of the occupant’s family at least fourteen (14) years of
age, who is informed of the contents of the notice, provided that the owner
may request that the notice be personally served to the occupant by the
Oneida Police Department;
(B) Leaving a copy with any competent person apparently in charge of the
premises or occupying the premises or a part thereof, and by mailing a
copy by first class mail to the occupant’s last−known address;
(C) If notice cannot be given under subsection (A) or (B) with reasonable
diligence, by affixing a copy of the notice on an entrance to the rented
premises where it can be conveniently read and by mailing a copy by first
class mail to the occupant’s last− known address;
(D) By mailing a copy of the notice by registered or certified mail to the
tenant at the tenant’s last−known address;
(E) By serving the occupant as prescribed in the Rules of Civil Procedure
for the service of a summons.
(3) Notice to Corporations or Partnerships. If notice is to be given to a
corporation notice may be given by any method provided in subsection (1) except
that notice under subsection (1)(A) may be given only to an officer, director,
registered agent or managing agent, or left with an employee in the office of such
officer or agent during regular business hours. If notice is to be given to a
partnership, notice may be given by any method in subsection (1) except that
notice under subsection (1)(A) may be given only to a general partner or
managing agent of the partnership, or left with an employee in the office of such
partner or agent during regular business hours, or left at the usual place of abode
of a general partner in the presence of some competent member of the general
partner’s family at least fourteen (14) years of age, who is informed of the
contents of the notice.
(4) Notice to One (1) of Several Parties. If there are two (2) or more co-occupants
of the same premises, notice given to one (1) is deemed to be given to the others
also.
(5) Effect of Actual Receipt of Notice. If notice is not properly given by one (1) of
the methods specified in this section, but is actually received by the other party,
the notice is deemed to be properly given; but the burden is upon the owner
alleging actual receipt to prove the fact by clear and convincing evidence.
7 O.C. 709 – Page 5
Open Meeting Packet
Page 41 of 640
Draft 4 – For OBC Consideration
2016 10 12
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
(e) Contrary Provision in the Contract. Except for leases entered into pursuant to the
Leasing law, any termination provisions in a contract that are contrary to those provided
in this law are invalid.
709.6.
Failure to Vacate Following Notice of Eviction or Contract Expiration
709.6-1. Changing of Locks and Removal of Occupant. If an occupant fails to vacate the
premises following notice of termination based on eviction, occupant termination or expiration
and non-renewal of a contract, the owner shall secure and take possession of the premises once
the timeframe in the notice of termination has expired.
(a) The Comprehensive Housing Division shall contact the Oneida Police
Department to request that an Oneida Police Officer be on the scene while the
locks are being changed.
(b) In the event the occupant has left personal property in the home, the occupant
may retrieve the said personal property by contacting the Comprehensive Housing
Division staff listed on the notice of termination. The Comprehensive Housing
Division shall hold personal property for a minimum of five (5) business days,
where a business day is Monday through Friday from 8:00 a.m. to 4:30 p.m. and
excludes holidays recognized by the Nation.
(1) The Comprehensive Housing Division shall keep a written log of the
date and the work time the Comprehensive Housing Division’s staff
expends storing and/or removing personal property and/or
removing/disposing of debris left at the premises after the expiration of the
timeframe provided in the notice of termination.
(2) The Land Commission and the Comprehensive Housing Division shall
jointly create rules further governing the disposition of personal property
in relation to residential contracts and the Land Commission and the
Division of Land Management shall jointly create rules further governing
the disposition of personal property in relation to agricultural and business
contracts.
709.6-2. Effect of Failure to Vacate. A failure to vacate following notice of termination based
on eviction, occupant termination or expiration and non-renewal of a contract does not in any
circumstances, regardless of acceptance of rent payments, create a periodic tenancy. For the
purposes of this section, a periodic tenancy means when an occupant uses/occupies a premises
without an effective and valid contract by paying rent on a periodic basis including, but not
limited to, day-to-day, week-to-week and month-to-month.
709.6-3. Damages for Failure to Vacate. If an occupant remains in possession of the premises
without consent of the owner after notice of termination based on eviction, occupant termination
or expiration and non-renewal of a contract, the owner may, at the owner’s discretion, recover
from the occupant damages suffered by the owner because of the failure of the occupant to
vacate within the time required. In absence of proof of greater damages, the landlord shall
recover as minimum damages twice the rental value apportioned on a daily basis for the time the
occupant remains in possession. As used in this section, rental value means the amount for which
the premises might reasonably have been rented, but not less than the amount actually paid or
payable by the occupant for the prior rental period, and includes the money equivalent of any
obligations undertaken by the occupant as part of the contract, such as regular property
7 O.C. 709 – Page 6
Open Meeting Packet
Page 42 of 640
Draft 4 – For OBC Consideration
2016 10 12
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
maintenance and repairs. Nothing in this section prevents the owner from seeking and recovering
any other damages to which the owner may be entitled.
709.7.
Withholding From and Return of Security Deposits
709.7-1. Applicability. This section applies only to contracts that require a security deposit.
709.7-2. Standard Withholding Provisions. When the owner returns a security deposit to an
occupant after the occupant vacates the premises, the owner may withhold from the full amount
of the security deposit only amounts reasonably necessary to pay for any of the following:
(a) Occupant damage, waste, or neglect of the premises;
(b) Unpaid rent for which the occupant is legally responsible;
(c) Payment that the tenant owes under the contract for utility service provided by the
owner but not included in the rent;
(d) Payment that the tenant owes for direct utility service provided by a
government−owned utility, to the extent that the landlord becomes liable for the tenant’s
nonpayment.
(e) Unpaid monthly municipal permit fees assessed against the occupant by a local unit
of government, to the extent that the owner becomes liable for the occupant’s
nonpayment; and
(f) Any other payment for a reason provided in a nonstandard provision document
described in 709.7-3.
709.7-3. Nonstandard Withholding Provisions. A contract may include one or more
nonstandard withholding provisions that authorize the owner to withhold amounts from the
occupant’s security deposit for reasons not specified in 709.7-2(a) through (f). The owner shall
provide any such nonstandard withholding provisions to the occupant in a separate written
document entitled “Nonstandard Withholding Provisions.” The owner shall specifically identify
each nonstandard withholding provision with the occupant before the occupant enters into a
contract with the owner. If the occupant signs his or her name, or writes his or her initials, by a
nonstandard withholding provision, it is rebuttably presumed that the owner has specifically
identified the nonstandard withholding provision with the occupant and that the occupant has
agreed to it.
709.7-4. Normal Wear and Tear. This section does not authorize the owner to withhold any
amount from a security deposit for normal wear and tear, or for other damages or losses for
which the occupant cannot reasonably be held responsible under the terms of the contract, and
applicable laws and/or rules of the Nation.
709.7-5. Timing for Return of the Security Deposit. The owner shall deliver or mail to an
occupant the full amount of any security deposit paid by the occupant, less any amounts that may
be withheld under subsections 709.7-2 and 709.7-3, within thirty (30) calendar days after any of
the following:
(a) If the occupant vacates the premises on the original termination date of the contract,
the date on which the contract terminates.
(b) If the occupant vacates the premises or is evicted before the original termination date
of the contract, the date on which the occupant’s rental agreement terminates or, if the
owner re-rents the premises before the occupant’s rental agreement terminates, the date
on which the new occupant takes occupancy/use of the premises.
7 O.C. 709 – Page 7
Open Meeting Packet
Page 43 of 640
Draft 4 – For OBC Consideration
2016 10 12
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
(c) If the occupant vacates the premises untimely or is removed from the premises
pursuant to 709.6-1, the date on which the owner learns that the occupant has vacated the
premises or has been removed from the premises under section 709.6-1.
709.8.
Eviction and Termination Actions
709.8-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law.
709.8-2. No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement.
709.8-3. The owner is the Comprehensive Housing Division in regards to taking actions
authorized under this law and complaints filed with the Oneida Judiciary shall name the
Comprehensive Housing Division and the specific program.
End.
Adopted – BC
7 O.C. 709 – Page 8
Open Meeting Packet
Page 44 of 640
MEMORANDUM
To:
Larry Barton, Chief Financial Officer
Ralinda R. Ninham-Lamberies, Assistant Chief Financial Officer
From:
Rae M. Skenandore
Date:
August 23, 2016
Re:
Financial Impact of the Eviction and Termination Law
I.
Background
This is a new Law on Eviction and Termination that was requested by the Oneida Land
Commission. The following summary was provided by the Legislative Reference Office.
The proposed Law contains the minimum framework and requirements related to the
termination of a contract and resulting eviction processes.
The Division of Land Management and the Land Commission have jointly delegated
rulemaking authority under this Law to develop and implement the following rules prior to
the implementation of this Law:
o Rules governing the disposition of personal property
o The Comprehensive Housing Division (CHD) and the Land Commission may jointly
create rules to further govern the processes contained in this Law; except where
Federal funding is required in which case the CHD has sole authority
The Law applies to occupants of Tribally owned property including rental agreements and
leases.
Termination means the contract is cancelled and eviction means the lessee (including
property such as farm equipment or household items) are expelled from the property.
The Law details early contract termination, including causes and notice requirements, and
names specific defenses to eviction.
Details the process regarding failure to vacate following the notice of eviction or contract
expiration.
Details the withholding from and return of security deposits;
Provides an appeal process to the Oneida Judiciary.
1
Open Meeting Packet
II.
Page 45 of 640
Executive Summary of Findings
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office,
documentation costs, as well as an estimate of the amount of time necessary for an agency to
comply with the Law after implementation.
The new Law simply details the current processes used by the Nation in the termination of a
contract, which includes leases, rental agreements, and evictions from the Nations lands or
housing resources. The Oneida Land Commission currently acts as the original Hearing
Body for evictions and three Commissioners are required to hold a hearing. The stipend paid
for an eviction hearing is $50.00 per commissioner. In Fiscal Year 2014-2015 only one
foreclosure hearing was held for a cost of approximately $150.00. Any savings from
transferring the hearing body authority from the Oneida Land Commission to the Judiciary
would be negligible due to their existing operating expenses.
According to DOLM and the Oneida Judiciary, there will be no additional startup, personnel,
office, or documentation costs associated with implementing the Law.
With the Rulemaking Authority jointly delegated to the Division of Land Management and
the Land Commission, a minimum of 60-90 days would be required to approve the
Administrative Rules for this Law.
III.
Financial Impact
No fiscal impact.
IV.
Recommendation
The Finance Department does not make a recommendation in regards to course of action in
this matter. Rather, it is the purpose of this report to disclose potential financial impact of an
action, so that General Tribal Council has full information with which to render a decision.
2
Open Meeting Packet
Page 46 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
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:
Approve the Resolution: Defining Comprehensive Housing Division in the Eviction and Termination Law
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:
Brandon Stevens, Council Member
Primary Requestor:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Meeting Packet
Page 47 of 640
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Oneida Business Committee adopted the Eviction and Termination law with
resolution BC 10-12-16__; and
13
14
WHEREAS, the Eviction and Termination law assigns responsibilities and authorities,
including rulemaking authority, to the Comprehensive Housing Division; and
15
16
17
WHEREAS, the Eviction and Termination law defines the Comprehensive Housing Division as
the entity responsible for housing matters specifically related to contracts
governed by this law as defined by Oneida Business Committee Resolution; and
18
19
20
21
22
NOW THEREFORE BE IT RESOLVED, that for the purposes of the Eviction and
Termination law the Oneida Business Committee hereby defines the Comprehensive Housing
Division as the Division of Land Management for general residential contracts, the Oneida
Housing Authority for income-based residential contracts and Elder Services for residential
contracts through the Elder Services program.
BC Resolution _____________
Defining Comprehensive Housing Division in the Eviction and Termination Law
Open Meeting Packet
Page 48 of 640
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Resolution: Defining Comprehensive Housing Division in the Eviction and Termination Law
Summary
This resolution defines the Comprehensive Housing Division, for the purposes of the Eviction
and Termination law, as the Division of Land Management for general residential contracts, the
Oneida Housing Authority for income-based residential contracts and Elder Services for
residential contracts through the Elder Services program.
Submitted by Krystal L. John, Staff Attorney
Analysis
The Eviction and Termination law assigns responsibilities and authorities, including rulemaking
authority, to the Comprehensive Housing Division. The Comprehensive Housing Division is
under development as part of the Oneida Business Committee’s reorganization; however, it has
not yet been formally created.
The Eviction and Termination law assigns responsibilities and authorities to the Comprehensive
Housing Division and provides that the Oneida Business Committee shall define that Division by
resolution. This allows the law to be adopted now with reference to the Comprehensive Housing
Division and prevents the need for amendments to the law at the time that the Comprehensive
Housing Division is formally created. Accordingly, this resolution defines the Comprehensive
Housing Division for the purposes of the Eviction and Termination law as the Division of Land
Management for general residential contracts, the Oneida Housing Authority for income-based
residential contracts and Elder Services for residential contracts through the Elder Services
program. When the new Comprehensive Housing Division is created, the definition of
Comprehensive Housing Division will be required to be updated by Oneida Business Committee
resolution, and will not require the law to be amended using the process required by the
Legislative Procedures Act.
Conclusion
Adoption of this Resolution would not conflict with the Nation’s laws.
Open Meeting Packet
Page 49 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
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:
Consider the Landlord Tenant Law for adoption
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Meeting Packet
Page 50 of 640
Oneida Nation
=DDODOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
~
Oneida Business Committee
legislative Operating Committee
Oneida Business Committee
~
Brandon Stevens, LOC Chairperson~
October 5, 2016
Landlord-Tenant Law
Please find the following attached backup documentation for your consideration of the LandlordTenant law:
1. Resolution: Landlord-Tenant (Law)
2. Statement of Effect: Landlord-Tenant (Law)
3. Landlord-Tenant (Law) Legislative Analysis
4. Landlord-Tenant (Law) Draft
5. Landlord-Tenant (Law) Fiscal Impact Statement
Overview
This resolution adopts a new Landlord-Tenant law. This is a new law which:
• Provides rental programs offered to Tribal member by the Nation within the Reservation
boundaries and includes eligibility requirements and tenant selection criteria [see 710.4].
• Provides detail related to rental agreement provisions and terminations and specifies that
assignments of rental agreements are not pe1mitted [see 710.5].
• Details the rights and responsibilities of the Nation as landlord and Tribal members as
tenants including disposition of personal prope1iy, repairs, damage, pest control, check-in
sheets, required notice to enter, and annual inspections [see 710. 6].
• Provides provisions related to domestic abuse and sex offender registration [see 710. 7
and 710.8].
• Details the process required in the event of a tenant's death [see 710.9].
• Identifies the Comprehensive Housing Division and the Land Commission as the entities
delegated authority to jointly develop rules under this law; except where federal funding
is required in which case the CHD has sole authority [see 710.3-1 (f) and 710.4-1 and
710.4-3 and 710.6-2 and 710.6-2(c) and 710.6-3(c)(2)].
• Identifies the Oneida Judiciary as the original hearing body authority for all actions taken
under this law [see 710.10].
In accordance with the Legislative Procedures Act, a public meeting was held regarding this law
on July 21, 2016 with a comment period closing on July 28, 2016. Those comments were
accepted and considered by the Legislative Operating Committee (LOC) at the August 17, 2016
LOC meeting.
Requested Action
Approve the Resolution: Landlord-Tenant (Law)
Page 1 of 1
A good mind. A good heart. A strong fi re.
Open Meeting Packet
Page 51 of 640
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Nation currently offers rental programs through the Division of Land
Management, the Oneida Housing Authority and Elder Services; and
13
14
15
16
17
WHEREAS, the rental programs minimum requirements, selection criteria and rights and
responsibilities of the landlord, the Nation, and the tenants are not included in the
Real Property law or any other law and are contained only in standard operating
procedures of the Division of Land Management, the Oneida Housing Authority
and Elder Services; and
18
19
20
21
22
WHEREAS, an assessment of the rental programs has determined that it would be beneficial to
create a law that contains the minimum framework that is similar for all of the
Nation’s rental programs and to delegate rulemaking authority in the law which
would allowing for specific more detailed requirements for each program in the
rules; and
23
24
25
26
27
WHEREAS, this law contains minimum eligibility requirements, selection criteria and rights
and responsibilities of the landlord, the Nation, and the tenants and delegates joint
rulemaking authority to the Land Commission and the Comprehensive Housing
Division to create rules naming each rental program and the specific requirements
related to each, and
28
29
30
WHEREAS, this law provides that, at a minimum, rental programs are required to be
developed that functions to serve (1) the general population; (2) the low-income
population; and (3) the elder population; and
31
32
33
WHEREAS, this law names the Oneida Judiciary as the hearing body able to hear appeals
arising under this law (the Land Commission previously had hearing body
authority for Division of Land Management administered rental agreements);
34
35
WHEREAS, a public meeting on the proposed Law was held on July 21, 2016 in accordance
with the Legislative Procedures Act; and
BC Resolution _____________
Landlord-Tenant Law
Open Meeting Packet
Page 52 of 640
Resolution ____________
Page 2
36
37
38
NOW THEREFORE BE IT RESOLVED, that the Landlord-Tenant law is hereby adopted;
and shall become effective in 120 calendar days.
Open Meeting Packet
Page 53 of 640
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Resolution: Landlord-Tenant Law
Summary
This resolution adopts a new Landlord-Tenant law. This is a new law which:
Provides rental programs offered to Tribal members by the Nation within the reservation
boundaries and includes eligibility requirements and tenant selection criteria [see 710.4].
Provides detail related to rental agreement provisions and terminations and specifies that
assignments of rental agreements are not permitted [see 710.5].
Details the rights and responsibilities of the Nation as landlord and Tribal members as
tenants including disposition of personal property, repairs, damage, pest control, check-in
sheet, required notice to enter, and annual inspections [see 710.6].
Provides provisions related to domestic abuse and sex offender registration [see 710.7
and 710.8].
Details the process required in the event of a tenant’s death [see 710.9].
Identifies the Comprehensive Housing Division and the Land Commission as the entities
delegated authority to jointly develop rules under this law; except where federal funding
is required in which case the CHD has sole authority [see 710.3-1(f) and 710.4-1 and
710.4-3 and 710.6-2 and 710.6-2(c) and 710.6-3(c)(2)].
Identifies the Oneida Judiciary as the original hearing body authority for all actions taken
under this law [see 710.10].
Submitted by Krystal L. John, Staff Attorney
Analysis
This Resolution adopts the Landlord-Tenant law which includes the provisions summarized
above.
As noted in the resolution, the rental programs minimum requirements, selection criteria and
rights and responsibilities of the landlord, the Nation, and the tenants are not included in the Real
Property law or any other law and are contained only in standard operating procedures of the
Division of Land Management, the Oneida Housing Authority and Elder Services.
This law contains minimum eligibility requirements, selection criteria and rights and
responsibilities of the landlord, the Nation, and the tenants and delegates joint rulemaking
authority to the Land Commission and the Comprehensive Housing Division to create rules
naming each rental program and the specific requirements related to each. Further, this law
provides that, at a minimum, rental programs are required to be developed that functions to serve
(1) the general population; (2) the low-income population; and (3) the elder population.
Page 1 of 2
Open Meeting Packet
Page 54 of 640
This law names the Oneida Judiciary as the hearing body able to hear appeals arising under this
law (the Land Commission previously had hearing body authority for Division of Land
Management administered rental agreements).
Conclusion
Because the subject matter of this law is not contained in any other laws of the Nation, adoption
of this Resolution would not conflict with any of the Nation’s laws.
Page 2 of 2
Open Meeting Packet
Page 55 of 640
Draft # 3
2016 10 05
1
2
3
LANDLORD-TENANT
4
5
Analysis by the Legislative Reference Office
Title
Sponsor
Requester &
Reason for
Request
Landlord-Tenant (law)
Drafter
Analyst
David P. Jordan
Krystal L. John
Maureen Perkins
Land Commission
To transfer the Land Commissions’ hearing body authority to the Judiciary.
The purpose of this law is to provide mechanisms for protecting the rights of the
landlords and tenants within the reservation [see 710.1-1].
Comprehensive Housing Division (Oneida Housing Authority, Division of Land
Authorized/
Management and Elder Services), Land Commission, Oneida Tribal members, their
Affected Entities
spouses and occupants who rent and occupy premises under this law
Eviction and Termination law, Administrative Rulemaking law, Building Code, Zoning
Related
and Shoreline Protection Ordinance, Pardon and Forgiveness law, and Real Property
Legislation
law
The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
Enforcement &
taken pursuant to this law and/or a rental agreement.
Due Process
[see 710.10-1].
A public meeting was held on July 21, 2016. This draft includes LOC directed changes
Public Meeting based on comments received during the public comment period.
Status
Purpose
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Overview
This is a new law that provides overarching guidance for landlords and tenants related to
all Tribal departments and divisions that provide rental housing opportunities within the
reservation. Currently, each department or division is operating under their own standard
operating procedures related to the programs they offer. This law standardizes the core
processes and delegates each department or division authority through the Comprehensive
Housing Division (which is in the process of being developed) to create rules that provide the
detail related to rental housing within their programs. This law provides the framework and the
Comprehensive Housing Division and the Land Commission will provide the detail within rules
developed jointly under the authority delegated under this law per the Administrative
Rulemaking law.
The Landlord-Tenant law:
Provides rental programs offered to Tribal members by the Nation within the reservation
boundaries and includes eligibility requirements and tenant selection criteria [see 710.4].
Provides detail related to rental agreement provisions and terminations and specifies that
assignments of rental agreements are not permitted [see 710.5].
Details the rights and responsibilities of the Nation as landlord and Tribal members as
Page 1 of 2
Open Meeting Packet
Page 56 of 640
Draft # 3
2016 10 05
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
tenants including disposition of personal property, repairs, damage, pest control, check-in
sheet, required notice to enter, and annual inspections [see 710.6].
Provides provisions related to domestic abuse and sex offender registration [see 710.7
and 710.8].
Details the process required in the event of a tenant’s death [see 710.9].
Identifies the Comprehensive Housing Division and the Land Commission as the entities
delegated authority to jointly develop rules under this law; except where federal funding
is required in which case the CHD has sole authority [see 710.3-1(f) and 710.4-1 and
710.4-3 and 710.6-2 and 710.6-2(c) and 710.6-3(c)(2)].
The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law and/or a rental agreement. [see 710.10-1].
No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement [see 710.10-2].
The Landlord is the Comprehensive Housing Division in regards to taking actions
authorized under this law and complaints filed with the Oneida Judiciary shall name the
Comprehensive Housing Division and the specific program [see 710.10-3].
Administrative Rulemaking
The CHD and the Land Commission have joint rulemaking authority under this law and
are required to develop and implement the following rules prior to the implementation of
this law:
1. Establish rules naming residential rental programs and providing the specific
requirements and regulations, including eligibility requirements, that apply to
each program [see 710.4-1 and 710.4-2(f)].
2. The Land Commission and the Comprehensive Housing Division shall jointly
develop rules governing the selection of applicants for the issuance of rental
agreements [see 710.4-3].
3. Create rules further governing the disposition of personal property [see 710.62(c)].
4. Develop rules governing how and when rent is decreased due to untenability due
to damage by fire, water or other casualty or because of any condition hazardous
to health, or if there is a substantial violation of section 710.6-3(a) materially
affecting the health or safety of the tenant [see 710.6-3(c)(2)].
Other
Please refer to the fiscal impact statement for any financial impacts.
Considerations
This law references the Comprehensive Housing Division (CHD). The CHD is
scheduled for implementation October 1, 2016. The BC resolution adopting this law will
be accompanied by second resolution that defines the CHD. Each department or division
within the CHD (Oneida Housing Authority, Division of Land Management and Elder
Services) will be required to create rules delegated under this law until the CHD is
implemented.
Page 2 of 2
Open Meeting Packet
Page 57 of 640
Draft 4 – For OBC Consideration
2016 10 12
1
2
3
4
5
6
7
8
9
10
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Title 7. Property - Chapter 710
LANDLORD-TENANT
Tsi> Yuhw<tsyaw@=ku Aolihw@=ke
where it bound to the earth - issues
710.1.
710.2.
710.3.
710.4.
710.5.
Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Rental Programs
Rental Agreement Documents
11
12
13
14
15
16
710.6.
710.7.
710.8.
710.9.
710.10.
Rights and Duties of Landlords and Tenants
Domestic Abuse Protections
Sex Offender Registry
Termination of Tenancy at Death of Tenant
Landlord or Tenant Actions
710.1.
Purpose and Policy
710.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights
of the landlords and tenants of the Nation’s rental programs.
710.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants
of the Nation’s rental programs that preserves the peace, harmony, safety, health, general welfare
and the Nation’s resources.
710.2.
Adoption, Amendment, Repeal
710.2-1. This law was adopted by the Oneida Business Committee by resolution
____________.
710.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
710.2-3. 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.
710.2-4. 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.
710.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
710.3.
Definitions
710.3-1. This section shall govern the definitions of words and phrases as used herein. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to rental agreements as defined by Oneida Business Committee
Resolution.1
(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental
agreement.
(c) “Nation” means the Oneida Nation.
1
See BC Resolution _________ providing that for purposes of this law, the Comprehensive
Housing Division means the Division of Land Management for general rental agreements, the Oneida Housing
Authority for income-based rental agreements and Elder Services for rental agreements through the Elder Services
program.
7 O.C. 710 – Page 1
Open Meeting Packet
Page 58 of 640
Draft 4 – For OBC Consideration
2016 10 12
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord
pursuant to a rental agreement.
(e) “Rental Agreement” means a written contract between a landlord and a tenant,
whereby the tenant is granted the right to use or occupy the premises for a residential
purpose for one (1) year or less.
(f) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,
and any lands added thereto pursuant to federal law.
(g) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted jointly by the Land Commission and the Comprehensive Housing Division in
accordance with the Administrative Rulemaking law based on authority delegated in this
law in order to implement, interpret and/or enforce this law, provided that where such
requirements relate solely to premises administered pursuant to federal funding, the
Comprehensive Housing Division has sole authority.
(h) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(i) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
710.4.
Rental Programs
710.4-1. Available Rental Programs. Consistent with available funds, the Comprehensive
Housing Division shall provide residential rental programs for providing housing to the
following types of tenants and the Oneida Land Commission and the Comprehensive Housing
Division shall jointly establish rules naming said programs and providing the specific
requirements and regulations that apply to each program:
(a) Elder tribal members;
(b) Low-income Oneida tribal members and families; and
(c) Tribal members in general.
710.4-2. Rental Eligibility Requirements. In order to be eligible for a rental agreement,
applicants shall meet the following conditions:
(a) Be eighteen (18) years of age at the time of the application;
(b) Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon and
Forgiveness law may provide an exception to this condition;
(c) Meet the local governments’ laws’ requirements regarding residency restrictions for
convicted sex offenders;
(d) Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
(e) Not hold a residential lease with the Nation; and
(f) Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this law, but may be stricter than this law.
710.4-3. Tenant Selection. The Land Commission and the Comprehensive Housing Division
shall jointly develop rules governing the selection of applicants for the issuance of rental
agreements.
7 O.C. 710 – Page 2
Open Meeting Packet
Page 59 of 640
Draft 4 – For OBC Consideration
2016 10 12
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
710.5.
Rental Agreement Documents
710.5-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement
are severable. If any provision of a rental agreement is void or unenforceable by reason of any
law, rule, regulation, or judicial order, the invalidity or unenforceability of that provision does
not affect other provisions of the rental agreement that can be given effect without the invalid or
unenforceable provision.
710.5-2. Requirements of Rental Agreements and Terminations. A rental agreement or
termination of a rental agreement is not enforceable unless it meets the requirements of this law
and is in writing.
(a) All rental agreements shall:
(1) Set forth the amount of rent or other consideration provided in exchange for
the ability to use/occupy the premises;
(2) Set forth the required amount of security deposit and require payment of the
security deposit prior to the tenant(s) taking use/occupancy of the premises;
(3) Set the time of commencement and expiration of the rental agreement;
(4) Provide a reasonably definite description of the premises;
(5) State that nothing in the agreement may be considered a waiver of the
Nation’s sovereign immunity, provided that tenants may seek enforcement of a
rental agreement or dispute an action taken pursuant to a rental agreement with
the Oneida Judiciary; and
(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking
use/occupancy of the premises;
(A) The rental agreement is not required to be signed by all adults
using/occupying the premises, provided that the rights and responsibilities
contained in the rental agreement do not extend to persons that are not
named as tenants in the rental agreement.
(B) Unless legally separated, if a tenant(s) is married, the landlord shall
require that each spouse sign the rental agreement.
(b) Any provision of a rental agreement that does any of the following is void and
unenforceable.
(1) Allows a landlord to do or threaten to do any of the following because a tenant
has contacted an entity for law enforcement services, health services or safety
services:
(A) Increase rent;
(B) Decrease services;
(C) Bring an action for eviction pursuant to the Eviction law; and/or
(D) Refuse to renew a rental agreement.
(2) Except as otherwise provided in this law in regards to domestic abuse,
authorizes the eviction or exclusion of a tenant from the premises other than
through the process described in the Eviction law.
(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in
any legal action or dispute arising under the rental agreement except as supported
by a court order.
(4) States that the landlord is not liable for property damage or personal injury
caused by negligent acts or omissions of the landlord. This subsection does not
affect ordinary maintenance obligations of a tenant under 710.6-3(b) or assumed
7 O.C. 710 – Page 3
Open Meeting Packet
Page 60 of 640
Draft 4 – For OBC Consideration
2016 10 12
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
by a tenant under a rental agreement or other written agreement between the
landlord and the tenant.
(5) Imposes liability on the tenant for any of the following:
(A) Personal injury arising from causes clearly beyond the tenant’s control.
(B) Property damage caused by natural disasters or by persons other than
the tenant or the tenant’s guests or invitees. This subsection does not
affect ordinary maintenance obligations of a tenant under 710.6-3(b) or
assumed by a tenant under a rental agreement or other written agreement
between the landlord and the tenant.
(6) Waives any obligation on the part of the landlord to deliver the premises in a
fit and habitable condition or to maintain the premises during the tenant’s
tenancy.
(7) Allows for periodic tenancy, which for the purposes of this section means
when a tenant uses/occupies a premises without an effective and valid rental
agreement by paying rent on a periodic basis including, but not limited to, day-today, week-to-week and month-to-month.
710.5-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements
are not permitted under any circumstances.
710.6.
Rights and Duties of Landlords and Tenants
710.6-1. This section governs the rights and duties of the landlord and tenant in the absence of
any inconsistent provision found in a valid rental agreement.
710.6-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is
evicted from the premises and leaves personal property, the landlord may presume that the tenant
has abandoned the personal property and may dispose of said property in any manner that the
landlord, in his or her sole discretion, determines is appropriate, provided that:
(a) The landlord shall hold personal property for a minimum of five (5) business days
and the tenant may retrieve said personal property by contacting the landlord.
(b) The landlord shall keep a written log of the date and the work time that the Nation’s
staff expends storing and/or removing personal property and/or removing/disposing of
debris left at the property after the expiration of the timeframe provided in the order to
vacate.
(c) The Land Commission and the Comprehensive Housing Division shall jointly create
rules further governing the disposition of personal property.
710.6-3. Repairs; Untenability. This section applies to all leases if there is no contrary
provision in writing signed by both parties.
(a) Duties of the Landlord.
(1) Except for repairs made necessary by the negligence of, or improper use of the
premises by the tenant, the landlord has a duty to do all of the following:
(A) Keep in a reasonable state of repair portions of the premises over
which the landlord maintains control.
(B) Keep in a reasonable state of repair all equipment under the landlord’s
control necessary to supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat, water, elevator, or
air conditioning.
(C) Make all necessary structural repairs.
7 O.C. 710 – Page 4
Open Meeting Packet
Page 61 of 640
Draft 4 – For OBC Consideration
2016 10 12
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
(D) Except as provided in section 710.6-3(b)(2), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished with the
premises and no longer in reasonable working condition.
(E) Comply with any laws or rules of the Nation that are applicable to the
premises.
(2) If the premises are part of a building where other parts are occupied by one (1)
or more other tenants, negligence or improper use by one (1) tenant does not
relieve the landlord from the landlord’s duty to make repairs as provided in 710.63(a)(1), provided that the landlord may require the responsible tenant to pay for
such repairs.
(3) A landlord shall disclose to a prospective tenant, before entering into a rental
agreement with or accepting any earnest money or security deposit from the
prospective tenant, any violation of either the Building Code of the Oneida Nation
or the Zoning and Shoreland Protection Ordinance if all of the following apply:
(A) The landlord has actual knowledge of the violation;
(B) The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises;
(C) The violation presents a significant threat to the prospective tenant’s
health or safety; and
(D) The violation has not yet been corrected but the landlord shall correct
the violation prior to the tenant taking occupancy of the premises.
(4) If the premises are damaged by fire, water or other casualty, not the result of
the negligence or intentional act of the landlord, this subsection is inapplicable
and either section 710.6-3(b) or (c) governs.
(5) The landlord is responsible for all required pest control to keep the premises
in a safe and healthy condition, provided that where an infestation has occurred
due to the acts or inaction of the tenant the pest control costs may be assessed
against the tenant.
(b) Duties of the Tenant.
(1) If the premises are damaged, including by an infestation of insects or other
pests, due to the acts or inaction of the tenant, the landlord may elect to allow the
tenant to remediate or repair the damage and restore the appearance of the
premises by redecorating. However, the landlord may elect to undertake the
remediation, repair, or redecoration, and in such case the tenant shall reimburse
the landlord for the reasonable cost thereof; the cost to the landlord is presumed
reasonable unless proven otherwise by the tenant.
(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment
furnished with the premises in reasonable working order.
(3) Tenants shall comply with all laws and rules of the Nation.
(c) Untenability. If the premises become untenable because of damage by fire, water or
other casualty or because of any condition hazardous to health, or if there is a substantial
violation of section 710.6-3(a) materially affecting the health or safety of the tenant, the
tenant may move from the premises unless the landlord promptly repairs, rebuilds or
eliminates the health hazard or the substantial violation of 710.6-3(a) materially affecting
the health or safety of the tenant.
7 O.C. 710 – Page 5
Open Meeting Packet
Page 62 of 640
Draft 4 – For OBC Consideration
2016 10 12
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
(1) The tenant may also move and terminate the rental agreement if the
inconvenience to the tenant by reason of the nature and period of repair,
rebuilding or elimination would impose undue hardship on the tenant.
(2) If the tenant remains in possession, the landlord shall decrease rent for each
month to the extent the tenant is deprived of the full normal use of the premises.
The Land Commission and the Comprehensive Housing Division shall jointly
develop rules governing how and when rent is decreased pursuant to this section.
This subsection does not authorize rent to be withheld in full, if the tenant remains
in possession.
(3) If the tenant justifiably moves out under this subsection, the tenant is not
liable for rent after the premises become untenable and the landlord shall repay
any rent paid in advance apportioned to the period after the premises become
untenable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant.
(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when
the tenant commences his or her occupancy of the premises that the tenant may use to
make comments, if any, about the condition of the premises. The landlord shall provide
the tenant with seven (7) days from the date the tenant commences his or her occupancy
to complete the check-in sheet and return it to the landlord. The landlord is not required
to provide the check-in sheet to a tenant upon renewal of a rental agreement.
(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written
notice prior to entering the tenant’s premises where notice is required to either be
personally served to the tenant or posted on the premises. A landlord is exempt from this
notice requirement in the case of an emergency welfare check. The basis of a welfare
check may include, but is not limited to the following:
(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy
based on reports of child abuse or neglect, medical concerns, suspicious activity
or other reported information;
(2) The landlord suspects the tenant has abandoned the premises; and/or
(3) The landlord receives notice that the premise’s utilities have been
disconnected.
(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord can prejudice the right of the
original landlord to possession of the premises.
(g) Annual Inspection Required. In the event the tenant renews the rental agreement for
additional terms, the landlord shall, at a minimum, inspect the premises once annually.
710.7.
Domestic Abuse Protections
710.7-1. If a tenant notices the landlord of domestic abuse with of any of the following
documentation, regardless of marital status, the landlord shall change the locks to the premises
and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the
domestic abuser:
(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;
(b) An injunction order under Wis. Stat. 813.122 protecting a child of the tenant from a
co-tenant;
7 O.C. 710 – Page 6
Open Meeting Packet
Page 63 of 640
Draft 4 – For OBC Consideration
2016 10 12
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
(c) An injunction order under Wis. Stat. 813.125(4) protecting the tenant or child of the
tenant from a co-tenant, based on the co-tenant’s engaging in an act that would constitute
sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under Wis. Stat.
940.32, or attempting or threatening to do the same;
(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the
tenant;
(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a
child of the tenant under Wis. Stat. 940.225, 948.02 or 948.025;
(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the
tenant under Wis. Stat. 940.32; or
(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant
being arrested for committing a domestic abuse offense against the tenant under Wis.
Stat. 968.075.
710.7-2. If a tenant is no longer eligible to maintain the rental agreement upon removing a cotenant domestic abuser from the rental agreement, the landlord shall permit the tenant to remain
on the premises for the longer of either the duration of the rental agreement or ninety (90) days
from the date the rental agreement is modified. If the latter applies, in addition to removing the
co-tenant that is the domestic abuser, the landlord shall also revise the rental agreement to extend
its duration.
710.7-3. The Eviction law provides tenants that are victims of domestic abuse with a defense
to eviction should the abusers actions be the cause for eviction.
710.8.
Sex Offender Registry
710.8-1. Should a tenant request information about whether any other tenants are required to
register as a sex offender, the landlord shall provide the tenant with written notice that he or she
may obtain information about the sex offender registry and persons registered within the registry
by contacting the department of corrections. The landlord shall include in such notice the
appropriate telephone number and internet site of the department of corrections.
710.9.
Termination of Tenancy at Death of Tenant
710.9-1. If a tenant dies, his or her tenancy is terminated on the earlier of the following:
(a) Sixty (60) days after the landlord receives notice, is advised, or otherwise becomes
aware of the tenant’s death;
(b) The expiration of the term of the rental agreement.
710.9-2. The deceased tenant or his or her estate is not liable for any rent after the termination
of his or her tenancy. A landlord may not contact or communicate with a member of the
deceased tenant’s family for the purpose of obtaining from the family member rent for which the
family member has no liability.
710.9-3. Nothing in this section relieves another adult tenant of the deceased tenant’s premises
from any obligation under a rental agreement or any other liability to the landlord.
710.9-4. If the deceased tenant is a Tribal member whose death renders a co-tenant no longer
eligible for a rental agreement, the non-Tribal member tenant may remain in the premises for the
longer of either the duration of the rental agreement or ninety (90) days from the date of the
Tribal member tenant’s death. If the latter applies, the landlord shall revise the rental agreement
to extend its duration.
7 O.C. 710 – Page 7
Open Meeting Packet
Page 64 of 640
Draft 4 – For OBC Consideration
2016 10 12
321
322
323
324
325
326
327
328
329
330
331
332
333
334
710.10.
Landlord or Tenant Actions
710.10-1.
The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding
actions taken pursuant to this law and/or a rental agreement.
710.10-2.
No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental
agreement.
710.10-3.
The landlord is the Comprehensive Housing Division in regards to taking actions
authorized under this law and complaints filed with the Oneida Judiciary shall name the
Comprehensive Housing Division and the specific program.
End.
Adopted – BC
7 O.C. 710 – Page 8
Open Meeting Packet
Page 65 of 640
MEMORANDUM
To:
Larry Barton, Chief Financial Officer
RaLinda R. Ninham-Lamberies, Assistant Chief Financial Officer
From:
Rae M. Skenandore
Date:
August 25, 2016
Re:
Financial Impact of the Landlord Tenant Law
I.
Background
This new proposed Law was requested by the Oneida Land Commission. The Law provides
guidance for landlords and tenants and applies to all Tribal departments and divisions that
provide rental housing opportunities within the Reservation. It also standardizes the core
processes and delegates authority through the Comprehensive Housing Division (under
development). The Law identifies the Comprehensive Housing Division (CHD) and the
Land Commission as the entities delegated authority to jointly develop Rules under this Law;
except where Federal funding is required in which case the CHD has sole authority. The
following is a summary of the key aspects of the Law:
Governs residential rental programs for the following types of tenants:
o Elder Tribal members;
o Low-income Oneida Tribal members and families; and
o Tribal members in general.
Applies to occupants of Nation owned property including rental agreements and leases.
Includes the following eligibility requirements:
o Be eighteen (18) years of age at the time of the application;
o Have no felony or drug convictions within the past two (2) years from the date of
application, provided that a pardon or forgiveness received pursuant to the Pardon
and Forgiveness law may provide an exception to this condition;
o Meet the local government’s laws requirements regarding residency restrictions for
convicted sex offenders;
o Meet the income requirements for entering the rental agreement as determined by the
rental program’s governing rules;
o Not hold a current residential lease with the Nation; and
o Meet any other eligibility requirements set by the rental program’s rules, which may
not be less strict than this Law, but may be stricter than this law.
1
Open Meeting Packet
II.
Page 66 of 640
Sets forth the requirements of Rental Agreements.
Sets forth the rights and responsibilities of the Nation as landlord and Tribal members as
tenants.
Provides provisions to protect tenants that are victims of domestic abuse.
Includes a provision to provide information on sex offenders through the registry.
Details the process required in the event of a tenant’s death.
Identifies the Oneida Judiciary as the original hearing body authority for all actions taken
under this law.
Executive Summary of Findings
A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial
effects associated with legislation and includes startup costs, personnel, office,
documentation costs, as well as an estimate of the amount of time necessary for an agency to
comply with the Law after implementation.
The intent of the new Law is to standardize requirements, operations, and procedures of the
various Tribal entities engaged in residential rental agreements and leases. Currently, Elder
Services, Housing, and the Division of Land Management provide rental opportunities to
Tribal Members.
The following two issues raised do not have a direct Fiscal impact. However, they may
impact future revenue or potential services provided by the Oneida Nation if the Law is
implemented.
First, the Law is restricted to serving three populations. Tribal elders, Tribal members and
families that qualify for low income housing under Federal guidelines, and Tribal members
in general. Under this Law, no Tribal entity could rent to non-Oneida Tribal member or
individuals that are not Tribal. It should be noted that any development opportunities that
would include rentals for individuals that are not Oneida members are prohibited under this
Law
Second, again the intent of the Law is to standardize requirements, operations, procedures,
and due process of the various Tribal entities engaged in residential rental agreements and
leases. However, the eligibility requirements of one program are listed as a requirement for
all rentals. This Law would prohibit any Tribal entity from providing transitional or
independent housing for ex-offenders regardless of the type of felony. For example, a fourth
Operating While Intoxicated (OWI) is an automatic felony under Wisconsin State Law.
Individuals convicted of a fourth OWI would be prohibited from entering into a lease or
rental agreement with any Tribal entity for the period of two years.
The Oneida Land Commission currently acts as the original Hearing Body for disputes under
leases or rental agreements. The stipend paid for a hearing is $50.00 per commissioner and
three Commissioners are required for a hearing. Any savings from transferring the hearing
2
Open Meeting Packet
Page 67 of 640
body authority from the Oneida Land Commission to the Judiciary would be negligible due
to their existing operating expenses.
According to Division Of Land Management and the Oneida Judiciary, there will be no
additional startup, personnel, office, or documentation costs associated with implementing
the Law.
Rulemaking Authority is jointly delegated to the Division of Land Management and the Land
Commission. The Administrative Rules for this Law will be completed within 120 days.
Upon the approval of the Rules, the Law can be implemented.
III.
Financial Impact
No fiscal impact.
IV.
Recommendation
The Finance Department does not make a recommendation in regards to course of action in
this matter. Rather, it is the purpose of this report to disclose potential financial impact of an
action, so that General Tribal Council has full information with which to render a decision.
3
Open Meeting Packet
Page 68 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
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:
Approve the Resolution: Defining Comprehensive Housing Division in the Landlord- Tenant Law
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:
Brandon Stevens, Council Member
Primary Requestor:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Meeting Packet
Page 69 of 640
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Oneida Business Committee adopted the Landlord-Tenant law with resolution
BC 10-12-16__; and
13
14
WHEREAS, the Landlord-Tenant law assigns responsibilities and authorities, including
rulemaking authority, to the Comprehensive Housing Division; and
15
16
17
WHEREAS, the Landlord-Tenant law defines the Comprehensive Housing Division as the
entity responsible for housing matters specifically related to rental agreements as
defined by Oneida Business Committee Resolution; and
18
19
20
21
22
NOW THEREFORE BE IT RESOLVED, that for the purposes of the Landlord-Tenant law
the Oneida Business Committee hereby defines the Comprehensive Housing Division as the
Division of Land Management for general rental agreements, the Oneida Housing Authority
for income-based rental agreements and Elder Services for rental agreements through the Elder
Services program.
BC Resolution _____________
Defining Comprehensive Housing Division in the Landlord-Tenant Law
Open Meeting Packet
Page 70 of 640
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Resolution: Defining Comprehensive Housing Division in the Landlord-Tenant Law
Summary
This resolution defines the Comprehensive Housing Division, for the purposes of the LandlordTenant law, the Division of Land Management for general rental agreements, the Oneida
Housing Authority for income-based rental agreements and Elder Services for rental agreements
through the Elder Services program.
Submitted by Krystal L. John, Staff Attorney
Analysis
The Landlord-Tenant law assigns responsibilities and authorities, including rulemaking
authority, to the Comprehensive Housing Division. The Comprehensive Housing Division is
under development as part of the Oneida Business Committee’s reorganization; however, it has
not yet been formally created.
The Landlord-Tenant law assigns responsibilities and authorities to the Comprehensive Housing
Division and provides that the Oneida Business Committee shall define that Division by
resolution. This allows the law to be adopted now with reference to the Comprehensive Housing
Division and prevents the need for amendments to the law at the time that the Comprehensive
Housing Division is formally created. Accordingly, this resolution defines the Comprehensive
Housing Division for the purposes of the Landlord-Tenant law as the Division of Land
Management for general rental agreements, the Oneida Housing Authority for income-based
rental agreements and Elder Services for rental agreements through the Elder Services program.
When the new Comprehensive Housing Division is created, the definition of Comprehensive
Housing Division will be required to be updated by Oneida Business Committee resolution, and
will not require the law to be amended using the process required by the Legislative Procedures
Act.
Conclusion
Adoption of this Resolution would not conflict with the Nation’s laws.
Open Meeting Packet
Page 71 of 640
Oneida Business Committee Agenda Request
1. Meeting Date Requested:
10 / 12 / 16
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:
Consider adoption of the Vendor Licensing law amendments
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Adoption Packet
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Brandon Stevens, LOC Chair
Primary Requestor/Submitter:
Jennifer Falck, LRO Director
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Open Meeting Packet
Page 72 of 640
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54:155-0365
Oneida·nsn.gov
TO:
FROM:
DATE:
RE:
r-'\
oonooo
ONEIDA
Oneida Business Committee
Brandon Stevens, LOC Chairperson~
October 12, 2016
Vendor Licensing Law Amendments
Please find the following attached backup documentation for your consideration of the Vendor
Licensing Law Amendments:
1.
2.
3.
4.
5.
6.
Resolution: Vendor Licensing Law Amendments
Statement ofEffect: Vendor Licensing Law Amendments
Vendor Licensing Law Amendments Legislative Analysis
Vendor Licensing Law Amendments Redline Draft
Vendor Licensing Law Amendments Clean Draft
Vendor Licensing Law Amendments Fiscal Impact Statement
Overview
This resolution adopts amendments to the Vendor Licensing law (the law) which are summarized
as follows:
• Specific provisions addressing vendor licensing fees, including late fees and requirements
for prorating fees; are deleted from the law. Instead, the Licensing Department is
delegated rulemaking authority to establish these fees and related requirements by rule.
• The Law no longer identifies specific entities that are exempt from the licensing
requirements of this law, or that are exempt from the licensing fee. Instead, the Licensing
Department is delegated rulemaking authority to establish these by rule.
• The current law delegates various authorities to a License Commission, including the
authority to hear appeals of licensing decisions. However, there is currently no License
Commission; so the references to that Commission are deleted. Instead, the law states
that the Licensing Department's decisions can be appealed to the Judiciary.
• The current law provides that the Licensing Department is under the Compliance
Division, in the organizational structure. However, there is no such division, so
references to the Compliance Division are replaced with references to the Department,
which already handles the responsibilities the law currently delegates to the Compliance
Division.
• Various procedural and administrative requirements are deleted, as these would be more
appropriate in a rule or internal operating procedure.
• The format and language of the law are revised to reflect standard drafting practices and
to update the law, which has not been updated since 1997.
In accordance with the Legislative Procedures Act, a public meeting was held regarding these
amendments on July 21, 2016 with a comment period closing on July 28, 2016. The comments
A good mind. A good heart A strong fire.
Open Meeting Packet
Page 73 of 640
1
2
3
4
5
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
6
7
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;
and
8
9
10
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
11
12
WHEREAS, the Vendor Licensing law delegated hearing body authority and oversight
authority to a License Commission which does not presently exist; and
13
14
WHEREAS, the amendments to the law remove obsolete references to a License Commission
and make Licensing Department decisions appealable to the Judiciary; and
15
16
17
18
WHEREAS, the amendments to the law remove various provisions addressing fees and
licensing requirements, including exemptions and deferments; and specifically
delegate rulemaking authority to the Licensing Department so that those
requirements can instead be established by rule; and
19
20
21
WHEREAS, the amendments to the law delete various procedural and administrative
requirements, as these are more appropriate in a rule or internal operating
procedure; and
22
23
24
WHEREAS, the Vendor Licensing law has not been comprehensively updated since 1997, and
amendments update the law to reflect current drafting and formatting
requirements; and improve the organization of the provisions; and
25
26
27
WHEREAS, a public meeting was held on July 21, 2016, and the Legislative Operating
Committee has reviewed and con
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.