# Phone: (920)869-2214 (2016) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A30583a4e945fca65 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## 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, [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A30583a4e945fca65. Public record. Not legal advice.