# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A330f500bfa1ee3aa ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 381 Oneida Business Committee Executive Session 8:30 AM Tuesday, February 25, 2020 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, February 26, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING A. Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc. Sponsor: David P. Jordan, Councilman III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. MINUTES A. VI. Oneida Environmental Resource Board - James R. Skenandore Jr. Sponsor: Lisa Summers, Secretary Approve the February 12, 2020, regular Business Committee meeting minutes Sponsor: Lisa Summers, Secretary RESOLUTIONS A. Approve resolution entitled Tobacco Law Emergency Amendments Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 9 February 26, 2020 Public Packet VII. 2 of 381 STANDING COMMITTEES A. B. FINANCE COMMITTEE 1. Accept the February 3, 2020, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer 2. Accept the February 17, 2020, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. VIII. IX. Accept the February 5, 2020, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman TRAVEL REPORTS A. Approve the travel report - Councilwoman Jennifer Webster - Tribal Self-Governance Advisory Committee (TSGAC)/SGAC - Washington DC - January 22-24, 2020 Sponsor: Jennifer Webster, Councilwoman B. Approve the travel report - Councilwoman Jennifer Webster - Tribal Self-Governance Advisory Committee (TSGAC)/SGAC - Washington DC - September 30-October 2, 2019 Sponsor: Jennifer Webster, Councilwoman C. Approve the travel report - Councilwoman Jennifer Webster - Administration of Children & Families Tribal Advisory Committee meeting - Washington DC November 18-21, 2019 Sponsor: Jennifer Webster, Councilwoman TRAVEL REQUESTS A. Approve the travel request - Treasurer Trish King - Treasury Tribal Advisory Committee Public Meeting - Washington DC - March 29-April 1, 2020 Sponsor: Trish King, Treasurer B. Approve the travel request - Councilwoman Jennifer Webster - 2020 Tribal SelfGovernance Conference - April 25-May1, 2020 Sponsor: Jennifer Webster, Councilwoman C. Approve the travel request amendment - Up to four (4) BC members - 35th National Indian Gaming Association Tradeshow & Convention - San Diego, CA - March 23-27, 2020 Sponsor: Ernie Stevens III, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 9 February 26, 2020 Public Packet 3 of 381 D. X. Approve two (2) actions regarding the travel request - Six (6) Oneida Nation Veterans Affairs Committee members - Washington University's 30th Annual Pow Wow - St. Louis, MO - April 10-12, 2020 Sponsor: Gerald Corenlius, Chair/Oneida Nation Veterans Affair Committee 1) Approve the travel request in accordance with § 219.16-1. 2) Authorize Tribal vehicle passengers in accordance with § 210.6-3.(d) E. Enter the e-poll results into the record regarding the travel request for Secretary Lisa Summers - Tribal Caucus Sponsor: Lisa Summers, Secretary F. Enter the e-poll results into the record regarding the travel request for ViceChairman Brandon Stevens - Three (3) events Sponsor: Lisa Summers, Secretary NEW BUSINESS A. Review the Title 31 (Chapter 17) Oneida Gaming Minimum Internal Controls and determine appropriate next steps Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission B. Approve the Capital Project grant application Sponsor: Ernie Stevens III, Councilman C. Approve the application for appointed boards, committees, and commissions Sponsor: Lisa Summers, Secretary D. Approve the application for elected positions Sponsor: Lisa Summers, Secretary E. Consider request to reinstate the Oneida Land Claims Commission stipends Sponsor: Loretta V. Metoxen, Chair/Oneida Land Claims Commission F. Approve two (2) actions regarding funding for the Great Law Recital Sponsor: Brandon Stevens, Vice-Chairman G. Approve exception to resolution # BC-01-22-20-A – cancel the March 24, 2020 executive discussion Business Committee meeting and the March 25, 2020 regular Business Committee meeting Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 3 of 9 February 26, 2020 Public Packet XI. 4 of 381 REPORTS A. APPOINTED BOARDS, COMMITTEES, COMMISSIONS (1:30 p.m. on 2/26/20) 1. Accept the Anna John Resident Centered Care Community Board FY-2020 1st quarter report Sponsor: Candace House, Chair/Anna John Resident Centered Care Community Board 2. Accept the Oneida Community Library Board FY-2020 1st quarter report Sponsor: Xavier Horkman, Chair/Oneida Community Library Board 3. Accept the Oneida Environmental Resource Board FY-2020 1st quarter report Sponsor: Marlene Garvey, Chair/Oneida Environmental Resouce Board 4. Accept the Oneida Nation Arts Board FY-2020 1st quarter report Sponsor: Dawn Walschinski, Chair/Oneida Nation Arts Board 5. Accept the Oneida Nation Veterans Affairs Committee FY-2020 1st quarter report Sponsor: Gerald Cornelius, Chair/Oneida Nation Veterans Affais Committee 6. Accept the Oneida Personnel Commission FY-2020 1st quarter report Sponsor: Sandra Skenandore, Chair/Oneida Personnel Commission 7. Accept the Oneida Police Commission FY-2020 1st quarter report Sponsor: Sandra Reveles, Chair/Oneida Police Commission 8. Accept the Oneida Pow-wow Committee FY-2020 1st quarter report Sponsor: Tonya Webster, Chair/Oneida Pow-wow Committee 9. Accept the Pardon & Forgiveness Screening Committee FY-2020 1st quarter report Sponsor: Eric Boulanger, Chair/Pardon & Forgiveness Screening Committee 10. Accept the Southeastern Wisconsin Oneida Tribal Services Advisory Board FY-2020 1st quarter report Sponsor: Kathryn LaRoque, Chair/Southeastern Wisconsin Oneida Tribal Services Advisory Board Oneida Business Committee Regular Meeting Agenda Page 4 of 9 February 26, 2020 Public Packet 5 of 381 B. C. D. ELECTED BOARDS, COMMITTEES, COMMISSIONS (2:30 p.m. on 2/26/20) 1. Accept the Oneida Election Board FY-2020 1st quarter report Sponsor: Vicki Conelius, Chair/Oneida Election Board 2. Accept the Oneida Gaming Commission FY-2020 1st quarter report Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission 3. Accept the Oneida Land Claims Commission FY-2020 1st quarter report Sponsor: Loretta V. Metoxen, Chair/Oneida Land Claims Commission 4. Accept the Oneida Land Commission FY-2020 1st quarter report Sponsor: Rae Skenandore, Chair/Oneida Land Commission 5. Accept the Oneida Nation Commission on Aging FY-2020 1st quarter report Sponsor: Florence Petri, Chair/Oneida Nation Commission on Aging 6. Accept the Oneida Nation School Board FY-2020 1st quarter report Sponsor: Lisa Liggins, Chair/Oneida Nation School Board 7. Accept the Oneida Trust Enrollment Committee FY-2020 1st quarter report Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee CORPORATE BOARDS (3:30 p.m. on 2/26/20) 1. Accept the Bay Bancorporation, Inc. FY-2020 1st quarter report Sponsor: Jeff Bowman, President/Bay Bank 2. Accept the Oneida Seven Generations Corporation FY-2020 1st quarter report Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation 3. Accept the Oneida ESC Group, LLC. FY-2020 1st quarter report Sponsor: John Breuninger, Chair/Oneida ESC Group, LLC. 4. Accept the Oneida Airport Hotel Corporation FY-2020 1st quarter report Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation 5. Accept the Oneida Golf Enterprise FY-2020 1st quarter report Sponsor: Eric McLester, Business Compliance Analyst STANDING COMMITTEES 1. Accept the Community Development Planning Committee FY-2020 1st quarter report Sponsor: Ernie Stevens III, Councilman 2. Accept the Finance Committee FY-2020 1st quarter report Sponsor: Trish King, Treasurer 3. Accept the Legislative Operating Committee FY-2020 1st quarter report Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 5 of 9 February 26, 2020 Public Packet 6 of 381 4. E. OTHER (3:30 p.m. on 2/26/20) 1. XII. Accept the Quality of Life Committee FY-2020 1st quarter report Sponsor: Brandon Stevens, Vice-Chairman Accept the Oneida Youth Leadership Institute FY-2020 1st quarter report Sponsor: Cheryl Stevens, Executive Manager/Oneida Youth Leadership Institute GENERAL TRIBAL COUNCIL A. Reschedule the tentative 2020 semi-annual General Tribal Council meeting Sponsor: Lisa Summers, Secretary B. Schedule a special Business Committee meeting on March 5, 2020, at 1:30 p.m. to approve the April 6, 2020, special GTC meeting notice and packet Sponsor: Lisa Summers, Secretary C. Approve two (2) requested actions - Petitioner Mike Debraska re: Increase GTC meeting stipend Sponsor: Lisa Summers, Secretary Excerpt from February 12, 2020: (1) Motion by David P. Jordan to acknowledge receipt of the petition from Mike Debraska – Increase GTC meeting stipend, seconded by Lisa Summers. Motion carried; (2) Motion by Lisa Summers to defer this request [to assign the petition to a tentative General Tribal Council meeting date] to the February 26, 2020, regular Business Committee meeting, noting it will be deferred to the BC work session for further discussion, seconded by Ernie Stevens III. Motion carried; (3) Motion by Lisa Summers to direct the OBC Direct Reports to complete and submit their administrative impact statements of the petition to the Secretary by March 4, 2020, seconded by Trish King. Motion carried; (4) Motion by Lisa Summers to defer this request [to determine the deadline by which the analyses must be completed] to the February 26, 2020, regular Business Committee meeting, noting it is dependent upon the assigned date, seconded by Kirby Metoxen. Motion carried. D. Acknowledge receipt of the 2020 annual report from the Oneida Land Claims Commission Sponsor: Lisa Summers, Secretary E. PETITIONER NANCY DALLAS 1. Accept the statement of effect - two (2) petitions Sponsor: David P. Jordan, Councilman 2. Accept the supplemental legal review - two (2) petitions Sponsor: Jo Anne House, Chief Counsel 3. Accept the fiscal impact statement - two (2) petitions Sponsor: Larry Barton, Chief Financial Officer 4. Accept the statement from the Community Development Planning Committee Chairman - two (2) petitions Oneida Business Committee Regular Meeting Agenda Page 6 of 9 February 26, 2020 Public Packet 7 of 381 Sponsor: Ernie Stevens III, Councilman XIII. EXECUTIVE SESSION A. REPORTS 1. Accept the Bay Bancorporation, Inc. FY-2020 1st quarter executive report (8:30 a.m.) Sponsor: Jeff Bowman, President/Bay Bank 2. Accept the Oneida Seven Generations Corporation FY-2020 1st quarter executive report (9:00 a.m.) Sponsor: Pete King III, Agent/Oneida Seven Generations Corporation 3. Accept the Oneida ESC Group, LLC. FY-2020 1st quarter executive report (9:30 a.m.) Sponsor: John L. Breuninger, Chair/Oneida ESC Group, LLC. 4. Accept the Oneida Airport Hotel Corporation FY-2020 1st quarter executive report (10:00 a.m.) Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation Board 5. Accept the Oneida Golf Enterprise FY-2020 1st quarter executive report (10:30 a.m.) Sponsor: Eric McLester, Business Compliance Analyst 6. Accept the Emergency Management FY-2020 1st quarter executive report (11:00 a.m.) Sponsor: Kaylynn Gresham, Director/Emergency Management Excerpt from February 12, 2020: Motion by Kirby Metoxen to defer the Emergency Management FY-2020 1st quarter executive report to the February 26, 2020 regular Business Committee meeting agenda, seconded by David P. Jordan. Motion carried. B. 7. Accept the Chief Financial Officer February 2020 report Sponsor: Larry Barton, Chief Financial Officer 8. Accept the Intergovernmental Affairs, Communications, and Self-Governance January 2020 report (2:30 p.m.) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 9. Accept the General Manager report Sponsor: Debbie Thundercloud, General Manager 10. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel AUDIT COMMITTEE 1. Accept the Audit Committee FY-2020 1st quarter report Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 7 of 9 February 26, 2020 Public Packet Oneida Business Committee 8 of 381 Regular Meeting Agenda Page 8 of 9 February 26, 2020 Public Packet 9 of 381 C. UNFINISHED BUSINESS 1. Determine next steps regarding the Tickets & Merchandise Distribution follow-up audit Sponsor: OBC Officers Excerpt from January 22, 2020: Motion by David P. Jordan to direct the Chairman’s Office to complete the requested follow-up and bring back an update to the February 26, 2020, regular Business Committee meeting agenda, seconded by Kirby Metoxen. Motion carried. 2. Consider a recommendation from the OBC Officers pursuant to §105.7-4 Sponsor: Lisa Summers, Secretary Excerpt from February 12, 2020: (1) Motion by Kirby Metoxen to go into executive session at 3:06 p.m., seconded by Lisa Summers. Motion carried; (2) Motion by David P. Jordan to come out of executive session at 3:37 p.m., seconded by Lisa Summers. Motion carried; (3) Motion by Lisa Summers to defer this item [to consider a recommendation from the OBC Officers pursuant to §105.7-4] to the February 26, 2020, regular Business Committee meeting agenda, seconded by David P. Jordan. Motion carried. D. XIV. NEW BUSINESS 1. Consider the request to expand the scope of the Surveillance System Replacement Project (11:30 a.m.) Sponsor: Mark A. Powless Sr., Chairman/Oneida Gaming Commission 2. Accept the update regarding BCDR-07 2020 annual project target # 2 Sponsor: Louise Cornelius, Gaming General Manager 3. Approve a limited waiver of sovereign immunity - Priority Agreement - file # 2019-1300 Sponsor: Jo Anne House, Chief Counsel 4. Approve 107 new enrollments Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 9 of 9 February 26, 2020 Public Packet Presentation of distribution to the Oneida Nation by Bay Bancorporation, Inc. 10 of 381 Public Packet 11 of 381 Public Packet 12 of 381 Oneida Business Committee Agenda Request Oneida Environmental Resource Board - James R. Skenandore Jr. 1. Meeting Date Requested: 02 / 26 / 20 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to James R. Skenandore Jr. for the Oneida Environmental Resource Board. 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Lisa Summers, Secretary Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 13 of 381 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On February 12, 2020 the Oneida Business Committee appointed James R. Skenandore to the Oneida Environmental Resource Board. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 14 of 381 Approve the February 12, 2020, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 02/26/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☒ Minutes ☐ Fiscal Impact Statement ☐ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Summers, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 15 of 381 DRAFT Oneida Business Committee Executive Session 8:30 AM Tuesday, February 11, 2020 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, February 12, 2020 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster; Not Present: Secretary Lisa Summers; Arrived at: n/a Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Laura LaitinenWarren, Louise Cornelius, Chad Fuss, Eric McLester, Geraldine Danforth, Josh Cottrell, Clorissa Santiago, Jennifer Falck; REGULAR MEETING Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Ernie Stevens III; Not Present: Chairman Tehassi Hill, Councilwoman Jennifer Webster; Arrived at: n/a Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Katrina Mungo, Bonnie Pigman, Don Miller, Chris Johnson, Tonya Webster, Clorissa Santiago, Brandon Wisneski, Racquel Hill; I. CALL TO ORDER Meeting called to order by Vice-Chairman Brandon Stevens at 8:33 a.m. For the record: Chairman Tehassi Hill is providing testimony to the U.S. House of Representatives Committee on Appropriations, Subcommittee on Interior, Environment, and Related Agencies in Washington DC. Councilwoman Jennifer Webster is attending the State of Wisconsin, Assembly Public Hearing Committee on Education regarding proposed changes to statutes related to American Indian Studies in Wisconsin in Madison, WI. II. OPENING (00:00:45) Opening provided by Kevin House, Oneida Nation High School student. Oneida Business Committee Regular Meeting Minutes Page 1 of 16 February 12, 2020 Public Packet 16 of 381 DRAFT III. ADOPT THE AGENDA (00:06:25) Motion by David P. Jordan to adopt the agenda as presented, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster IV. OATH OF OFFICE (00:06:55) Oaths of office administered by Secretary Lisa Summers. Marlon G. Skenandore, Kateri Baker, and Tonya Webster were present. V. A. Oneida Youth Leadership Institute Board - Marlon G. Skenandore Sponsor: Lisa Summers, Secretary B. Oneida Airport Hotel Corporation Board of Directors - Kateri Baker Sponsor: Lisa Summers, Secretary C. Oneida Election Board Ad Hoc Committee (GTC duties) - Tonya Webster Sponsor: Lisa Summers, Secretary MINUTES A. Approve the January 22, 2020, regular Business Committee meeting minutes (00:09:17) Sponsor: Lisa Summers, Secretary Motion by Kirby Metoxen to approve the January 22, 2020, regular Business Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster VI. RESOLUTIONS A. Adopt resolution entitled Citations Law (00:09:46) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to adopt resolution 02-12-20-A Citations Law, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Abstained: Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 2 of 16 February 12, 2020 Public Packet 17 of 381 DRAFT B. Adopt resolution entitled Oneida Youth Conservation Project (00:31:35) Sponsor: Debbie Thundercloud, General Manager Motion by Lisa Summers to adopt resolution 02-12-20-B Oneida Youth Conservation Project, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster VII. APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Environmental Resource Board (00:35:21) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to appoint James R. Skenandore Jr. to the Oneida Environmental Resource Board with a term ending September 30, 2021, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster VIII. STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. Accept the January 15, 2020, regular Legislative Operating Committee meeting minutes (00:36:08) Sponsor: David P. Jordan, Councilman Motion by Lisa Summers to accept the January 15, 2020, regular Legislative Operating Committee meeting minutes, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 2. Approve the Southeastern Wisconsin Oneida Tribal Services Advisory Board bylaws amendments (00:36:31) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to approve the Southeastern Wisconsin Oneida Tribal Services Advisory Board bylaws amendments, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 3 of 16 February 12, 2020 Public Packet 18 of 381 DRAFT B. QUALITY OF LIFE COMMITTEE 1. Accept the December 12, 2019, regular Quality of Life Committee meeting minutes (00:42:50) Sponsor: Brandon Stevens, Vice-Chairman Motion by David P. Jordan to accept the December 12, 2019, regular Quality of Life Committee meeting minutes, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster IX. TRAVEL REQUESTS A. Approve the travel request - Councilman Ernie Stevens III - Better Buildings: Better Business, Wisconsin Conference - Wisconsin Dells, WI - March 9-10, 2020 (00:44:18) Sponsor: Ernie Stevens III, Councilman Motion by David P. Jordan to approve the travel request for Councilman Ernie Stevens III to attend the Better Buildings: Better Business, Wisconsin Conference in Wisconsin Dells, WI - March 9-10, 2020, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Note for the record: After item X.A. was addressed (timestamp 01:07:31), Councilman Ernie Stevens III noted that he had meant to abstain from the vote for item IX.A. B. Approve the travel request - Councilman Kirby Metoxen - Wisconsin Governor's Conference on Tourism - Madison, WI - March 15-18, 2020 (00:45:08) Sponsor: Kirby Metoxen, Councilman Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen to attend the Wisconsin Governor's Conference on Tourism in Madison, WI - March 15-18, 2020, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers Abstained: Kirby Metoxen Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 4 of 16 February 12, 2020 Public Packet 19 of 381 DRAFT C. Approve the travel request - Chairman Tehassi Hill - 35th National Indian Gaming Association Tradeshow & Convention - San Diego, CA - March 23-27, 2020 (00:45:42) Sponsor: Tehassi Hill, Chairman Motion by Lisa Summers to approve the travel request for up to three (3) Business Committee members, including Chairman Tehassi Hill, to attend the 35th National Indian Gaming Association Tradeshow & Convention in San Diego, CA - March 23-27, 2020, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster D. Approve the travel request - Treasurer Trish King - Native American Finance Officers Association (NAFOA) 38th Annual Conference - Nashville, TN - April 5-8, 2020 (00:47:19) Sponsor: Trish King, Treasurer Motion by Lisa Summers to approve the travel request for Treasurer Trish King to attend the Native American Finance Officers Association (NAFOA) 38th Annual Conference in Nashville, TN - April 5-8, 2020, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster E. Enter the e-poll results into the record regarding the travel request for Chairman Tehassi Hill - Interior & Environment Committee Testimony (00:47:42) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to enter the e-poll results into the record regarding the travel request for Chairman Tehassi Hill - Interior & Environment Committee Testimony, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster F. Enter the e-poll results into the record regarding the travel request for Coucilman Kirby Metoxen - Chicago Travel & Adventure Show (00:48:11) Sponsor: Lisa Summers, Secretary Motion by Trish King to enter the e-poll results into the record regarding the travel request for Coucilman Kirby Metoxen - Chicago Travel & Adventure Show, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers Abstained: Kirby Metoxen Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 5 of 16 February 12, 2020 Public Packet 20 of 381 DRAFT X. NEW BUSINESS A. Accept the 2020 special Election final report and declare the official results (00:50:28) Sponsor: Vicki Cornelius, Chair/Oneida Election Board Motion by Kirby Metoxen to accept the 2020 special Election final report and declare the official results, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Opposed: David P. Jordan Not Present: Tehassi Hill, Jennifer Webster Motion by Lisa Summers to send the 2020 special election final report to the Legislative Operating Committee for review of the issues identified in number five and report back to the Business Committee on a determination for a legislative fix if one is needed, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster B. Post ten (10) vacancies - Oneida Election Board (Alternates) (01:09:21) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to post ten (10) vacancies for the Oneida Election Board (Alternates), seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster C. Post one (1) vacancy - Finance Committee (Community Elder position) (01:09:49) Sponsor: Lisa Summers, Secretary Motion by Kirby Metoxen to post one (1) vacancy for the Finance Committee (Community Elder position), seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster D. Post one (1) vacancy - Oneida Youth Leadership Institute Board (01:10:07) Sponsor: Lisa Summers, Secretary Motion by Ernie Stevens III to post one (1) vacancy for the Oneida Youth Leadership Institute Board, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers Abstained: Kirby Metoxen Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 6 of 16 February 12, 2020 Public Packet 21 of 381 DRAFT E. Accept the memorandum to the Oneida Land Claims Commission dated February 4, 2020, as information (01:10:27) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to accept the memorandum to the Oneida Land Claims Commission dated February 4, 2020, as information, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster F. Enter the e-poll results into the record regarding Executive Session Discussion on January 21, 2020 (01:10:57) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding Executive Session Discussion on January 21, 2020, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster XI. GENERAL TRIBAL COUNCIL A. Approve four (4) requested actions - Petitioner Mike Debraska re: Increase GTC meeting stipend (01:11:15) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to acknowledge receipt of the petition from Mike Debraska – Increase GTC meeting stipend, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Abstained: Ernie Stevens III Not Present: Tehassi Hill, Jennifer Webster Motion by Lisa Summers to defer this request [to assign the petition to a tentative General Tribal Council meeting date] to the February 26, 2020, regular Business Committee meeting, noting it will be deferred to the BC work session for further discussion, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Motion by Lisa Summers to direct the OBC Direct Reports to complete and submit their administrative impact statements of the petition to the Secretary by March 4, 2020, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Motion by Lisa Summers to defer this request [to determine the deadline by which the analyses must be completed] to the February 26, 2020, regular Business Committee meeting, noting it is dependent upon the assigned date, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 7 of 16 February 12, 2020 Public Packet 22 of 381 DRAFT B. Enter the e-poll results into the record regarding the FY-2021 Community Budget Input Packet (01:18:54) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to enter the e-poll results into the record regarding the FY-2021 Community Budget Input Packet, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Kirby Metoxen, Jennifer Webster Councilman Kirby Metoxen left at 9:52 a.m. C. PETITIONER NANCY DALLAS 1. Accept the legal review of two (2) petitions (01:19:22) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Summers to accept the legal review of two (2) petitions (submitted by Nancy Dallas), seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Kirby Metoxen, Jennifer Webster XII. EXECUTIVE SESSION (01:20:25) Vice-Chairman Brandon Stevens recessed the meeting at 9:53 a.m. until 10:30 a.m. Meeting called to order by Vice-Chairman Brandon Stevens at 10:17 a.m. Roll call for the record: Present: Councilman Daniel Guzman King; Councilman David P. Jordan; Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers; Not Present: Chairman Tehassi Hill; Councilwoman Jennifer Webster; Motion by Kirby Metoxen to go into executive session at 10:18 a.m., seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Councilman Kirby Metoxen left at 11:05 a.m. Councilman David P. Jordan left at 12:03 p.m. Vice-Chairman Brandon Stevens recessed the meeting at 12:05 p.m. until 1:30 p.m. Meeting called to order by Vice-Chairman Brandon Stevens at 1:34 p.m. Oneida Business Committee Regular Meeting Minutes Page 8 of 16 February 12, 2020 Public Packet 23 of 381 DRAFT Roll call for the record: Present: Councilman Daniel Guzman King; Councilman David P. Jordan; Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Secretary Lisa Summers; Not Present: Chairman Tehassi Hill; Councilman Ernie Stevens III; Councilwoman Jennifer Webster; Councilman Ernie Stevens III arrived at 1:42 p.m. Councilman Ernie Stevens III left 2:35 p.m. Motion by David P. Jordan to come out of executive session at 2:49 P.M., seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster A. REPORTS 1. Accept the Gaming General Manager FY-2020 1st quarter executive report (01:21:39) Sponsor: Louise Cornelius, Gaming General Manager Motion by David P. Jordan to accept the Gaming General Manager FY-2020 1st quarter executive report, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Motion by David P. Jordan to direct the Gaming General Manager to identify a team to ensure compliance with the GTC directive of January 20, 2020, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Motion by Kirby Metoxen to move the draft resolution interpreting and implementing the GTC directive of January 20, 2020, to open session and send to the Legislative Operating Committee to finalize the language and develop a Statement of Effect, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster For the record: Secretary Lisa Summers I'm not opposed to the process being completed, so that's why I didn't oppose it. I am abstaining because I do feel like the motioner [at the January 20, 2020, annual General Tribal Council meeting] was not clear about their intent about whether or not the motion to have any ecomonic development or financial strategy be reviewed and vetted by a 3rd independent party...the motioner was not clear about whether or not they meant that for any activity that the tribe engages in across the board. Because this conversation happened under a very specific item on the agenda at the GTC meeting which was the Oneida Golf Enterprise and the Ladies Professional Golf final report. So I believe that the motion pertains to that specific topic. Oneida Business Committee Regular Meeting Minutes Page 9 of 16 February 12, 2020 Public Packet 24 of 381 DRAFT 2. Accept the Retail Enterprise FY-2020 1st quarter executive report (01:24:25) Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Kirby Metoxen to accept the Retail Enterprise FY-2020 1st quarter executive report, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster 3. Accept the Business Compliance Analyst FY-2020 1st quarter executive report (01:24:55) Sponsor: Eric McLester, Business Compliance Analyst Motion by Kirby Metoxen to accept the Business Compliance Analyst FY-2020 1st quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster 4. Accept the Human Resources FY-2020 1st quarter executive report (01:25:17) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Kirby Metoxen to accept the Human Resources FY-2020 1st quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster 5. Defer the Emergency Management FY-2020 1st quarter executive report to the February 26, 2019 regular Business Committee meeting agenda (01:25:35) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Kirby Metoxen to defer the Emergency Management FY-2020 1st quarter executive report to the February 26, 2020 regular Business Committee meeting agenda, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster 6. Accept the Joint Marketing FY-2020 1st quarter executive report (01:26:00) Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Lisa Summers to accept the Joint Marketing FY-2020 1st quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 10 of 16 February 12, 2020 Public Packet 25 of 381 DRAFT 7. Accept the Chief Counsel report (01:26:15) Sponsor: Jo Anne House, Chief Counsel Motion by David P. Jordan to accept the Chief Counsel report, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Motion by David P. Jordan to authorize trademark counsel to approve and execute the document referred to in the January 29, 2020, email from Deputy Chief Counsel, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster 8. Accept the General Manager report (01:27:03) Sponsor: Debbie Thundercloud, General Manager Motion by Kirby Metoxen to accept the General Manager report, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster B. AUDIT COMMITTEE 1. Accept the November 21, 2019, regular Audit Committee meeting minutes (01:27:31) Sponsor: David P. Jordan, Councilman Motion by Trish King to accept the November 21, 2019, regular Audit Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster 2. Accept the Gaming Contracts FY-2019 compliance/financial audit report and lift the confidentiality requirement (01:27:56) Sponsor: David P. Jordan, Councilman Motion by Lisa Summers to accept the Gaming Contracts FY-2019 compliance/financial audit report and lift the confidentiality requirement, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Councilman Ernie Stevens III returned at 2:56 p.m. Oneida Business Committee Regular Meeting Minutes Page 11 of 16 February 12, 2020 Public Packet 26 of 381 DRAFT 3. Accept the Cage/Vault/Kiosk compliance audit report and lift the confidentiality requirement (01:28:16) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Cage/Vault/Kiosk compliance audit report and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 4. Accept the Information Technology compliance audit report and lift the confidentiality requirement (01:28:33) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the Information Technology compliance audit report and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 5. Accept the Surveillance (All Tiers) compliance audit report and lift the confidentiality requirement (01:28:49) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Surveillance (All Tiers) compliance audit report and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 6. Accept the Title 31 compliance audit report and lift the confidentiality requirement (01:29:07) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the Title 31 compliance audit report and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 7. Accept the Comprehensive Housing Division performance assurance audit report and lift the confidentiality requirement (01:29:21) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Comprehensive Housing Division performance assurance audit report and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 12 of 16 February 12, 2020 Public Packet 27 of 381 DRAFT 8. Accept the Human Resource Department Training and Development performance assurance audit report and lift the confidentiality requirement (01:29:37) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Human Resource Department Training and Development performance assurance audit report and lift the confidentiality requirement, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 9. Accept the Card Games & Poker rules of play compliance audit report and lift the confidentiality requirement (01:29:57) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the Card Games & Poker rules of play compliance audit report and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 10. Accept the Roulette rules of play compliance audit report and lift the confidentiality requirement (01:30:15) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Roulette rules of play compliance audit report and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 11. Accept the Cage/Vault/Kiosk year end compliance audit report and lift the confidentiality requirement (01:30:33) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the Cage/Vault/Kiosk year end compliance audit report and lift the confidentiality requirement, seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 12. Accept the Slots year end compliance audit report and lift the confidentiality requirement (01:30:50) Sponsor: David P. Jordan, Councilman Motion by David P. Jordan to accept the Slots year end compliance audit report and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 13 of 16 February 12, 2020 Public Packet 28 of 381 DRAFT C. UNFINISHED BUSINESS 1. FILE # 2019-CC-01 a. Review proposed transition plan (01:31:10) Motion by David P. Jordan to approve the proposed transition plan regarding file # 2019-CC-01, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Abstained: Lisa Summers Not Present: Tehassi Hill, Jennifer Webster For the Record: Vice-Chairman Brandon Stevens stated the Oneida Business Committee is considering alternatives to conducting pow wows, competition and social, in order to determine if there are more effective ways to operate pow wows. We have faith in the abilities of the Pow Wow Committee members, and we encourage each member to work with the General manager in testing the value of this proposed alternative. Motion by Daniel Guzman King to suspend the Oneida Pow-wow Committee effective February 25, 2020, to allow the Committee to conduct the close-out the Honor the Youth Pow-wow being held February 22, 2020, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III Opposed: Kirby Metoxen Abstained: Lisa Summers Not Present: Tehassi Hill, Jennifer Webster b. Determine next steps regarding vacancies (01:33:15) Motion by David P. Jordan to accept the discussion regarding the vacancies as information, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Abstained: Lisa Summers Not Present: Tehassi Hill, Jennifer Webster D. NEW BUSINESS 1. Review application(s) for one (1) vacancy - Oneida Environmental Resource Board (01:33:50) Sponsor: Lisa Summers, Secretary Motion by David P. Jordan to accept the discussion regarding the application(s) for the Oneida Environmental Resource Board vacancy as information, seconded by Kirby Metoxen. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Abstained: Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 14 of 16 February 12, 2020 Public Packet 29 of 381 DRAFT 2. Review and discuss Oneida Land Commission bylaws amendments (01:34:10) Sponsor: Kirby Metoxen, Councilman Motion by Daniel Guzman King to accept the discussion regarding the Oneida Land Commission bylaws amendments as information, seconded by Ernie Stevens III. Motion carried: Ayes: Daniel Guzman King, Trish King, Kirby Metoxen, Ernie Stevens III Abstained: David P. Jordan, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Motion by Kirby Metoxen to request the Legislative Operating Committee to consider amendments to the Boards, Committees, and Commissions law as agreed upon at the February 3, 2020, joint meeting with the Oneida Land Commission, seconded by Trish King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III Abstained: Lisa Summers Not Present: Tehassi Hill, Jennifer Webster 3. Review draft changes to the Emergency Closing Compensation SOP (01:35:18) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by David P. Jordan to accept the discussion regarding the draft changes to the Emergency Closing Compensation SOP as information, seconded by Daniel Guzman King. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Abstained: Ernie Stevens III Not Present: Tehassi Hill, Jennifer Webster 4. Consider a recommendation from the OBC Officers pursuant to §105.7-4 (01:38:15) Sponsor: Lisa Summers, Secretary Motion by Kirby Metoxen to go into executive session at 3:06 p.m., seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Lisa Summers Not Present: Tehassi Hill, Jennifer Webster Councilman Ernie Stevens III left at 3:07 p.m. Motion by David P. Jordan to come out of executive session at 3:37 p.m., seconded by Lisa Summers. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Motion by Lisa Summers to defer this item [to consider a recommendation from the OBC Officers pursuant to §105.7-4] to the February 26, 2020, regular Business Committee meeting agenda, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Lisa Summers Opposed: Kirby Metoxen Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Oneida Business Committee Regular Meeting Minutes Page 15 of 16 February 12, 2020 Public Packet 30 of 381 DRAFT 5. Enter the e-poll results into the record regarding the correspondence to the Oneida Nation Commission on Aging (01:39:36) Sponsor: Lisa Summers, Secretary Motion by Lisa Summers to enter the e-poll results into the record regarding the correspondence to the Oneida Nation Commission on Aging, seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster XIII. ADJOURN (01:39:53) Motion by Lisa Summers to adjourn at 3:38 p.m., seconded by David P. Jordan. Motion carried: Ayes: Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen, Lisa Summers Not Present: Tehassi Hill, Ernie Stevens III, Jennifer Webster Minutes prepared by Lisa Liggins, Information Management Specialist Minutes approved as presented on . Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 16 of 16 February 12, 2020 Public Packet 31 of 381 Oneida Business Committee Agenda Request Approve resolution entitled Tobacco Law Emergency Amendments 1. Meeting Date Requested: / 26 / 20 2 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Resolutions Accept as Information only Action - please describe: Adopt the resolution "Tobacco Law Emergency Amendments" 3. Supporting Materials Report Resolution Contract Other: 1. Emergency Adoption Packet 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, Councilmember Primary Requestor/Submitter: Jennifer Falck, LRO Director Your Name, Title / Dept. or Tribal Member Additional Requestor: Clorissa N. Santiago, LRO Staff Attorney Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 32 of 381 Public Packet Oneida Nation 33 of 381 Post Office Box 365 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 46 47 48 49 50 51 52 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # ________________ Tobacco Law Emergency Amendments 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 Tobacco law (the “Law”) was adopted by the Oneida Business Committee by resolution BC-11-18-81-A and amended by resolution BC-10-10-07-A and BC-04-09-14-F, and BC01-25-17-B; and WHEREAS, the Law regulates the sale, possession and distribution of cigarettes within the Reservation; and WHEREAS, the current Law allows for tobacco products to be sold to those persons eighteen (18) years of age and older; and WHEREAS, on December 20, 2019 the Federal Food, Drug, and Cosmetic Act was amended to change the minimum age for the sale of tobacco products from eighteen (18) years to twenty-one (21) years; and WHEREAS, an emergency amendment to the Law is being made to increase the minimum age in which people may buy tobacco products from eighteen (18) years of age to twenty-one (21) years of age in order to comply with federal law; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis, to be in effect for a period of six (6) months, renewable for an additional six (6) months; and WHEREAS, emergency adoption of legislation is allowed when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the amendment of the legislation is required sooner than would be possible under the Legislative Procedures Act; and WHEREAS, the emergency adoption of the amendment to the Law is necessary for the preservation of the public health and general welfare of the Reservation population because it ensures the Nation is in compliance with federal law; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of this amendment would be contrary to public interest; and WHEREAS, the Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation; and Public Packet 34 of 381 BC Resolution _____________ Tobacco Law Emergency Amendments Page 2 of 2 53 54 55 56 57 NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Tobacco law are hereby adopted on an emergency basis and shall become effective immediately. Public Packet 35 of 381 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155‐0365 Oneida‐nsn.gov Statement of Effect Tobacco Law Emergency Amendments Summary This Resolution adopts an amendment to the Tobacco Law (the “Law”) that increases the minimum age to purchase tobacco from eighteen (18) to twenty-on (21). Submitted by: Jennifer Falck, Legislative Reference Office Date: February 26, 2020 Resolution: Analysis by the Legislative Reference Office The Tobacco law regulates the sale, possession, and distribution of tobacco products within the Reservation. [1 O.C. 115.1-1]. Tobacco products include cigarettes, tobacco, and e-cigarettes. An emergency amendment to the Law is being requested in order to address public health and general welfare of the Reservation population and comply with an amendment to the Federal Food, Drug, and Cosmetic Act. On December 20, 2019, President Trump signed into law an amendment to increase the minimum age of the sale of tobacco products from eighteen (18) to twenty-one (21). The amendment was effective immediately. Currently, the Law restricts the sale of tobacco products to those eighteen (18) and older. This amendment would increase the minimum age a person must be to purchase tobacco products to twenty-one (21). The Oneida Business Committee may temporarily enact an emergency law where legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the reservation population and the enactment or amendments of legislation is required sooner than would be possible under the conventional legislative process. This amendment is considered an emergency because it impacts public health. In addition, complying with federal laws of general applicability are in the best interest of the Nation’s general welfare. If adopted these amendments would expire on July 26, 2020. Conclusion Adoption of this Resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet 36 of 381 Analysis to Draft 1 2020 02 26 oy&=kwa> olihw@=ke Oh yoon gwa oh lee waa gay matters concerning tobacco EMERGENCY AMENDMENTS TO THE TOBACCO LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY REQUESTER: Legislative Reference Office Intent of the Amendments Basis of Emergency Purpose Affected Entities Related Legislation Enforcement Due Process Public Meeting Fiscal Impact Expiration of Emergency Amendments Analysis by the Legislative Reference Office SPONSOR: DRAFTER: Kirby Metoxen Jennifer Falck ANALYST: Maureen Perkins The intent of the proposed emergency amendments to the Tobacco law (Law) is to increase the minimum age for sales of tobacco products and from eighteen (18) to twenty-one (21) in response to a change in the federal law that was signed on December 20, 2019. The Further Consolidated Appropriations Act, 2020 [HR 18 1865-563 Section 603(a)(5)] requires an amendment to section 906(d) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 387f(d)] that became effective immediately and made it unlawful to sell tobacco products to any person younger than twenty-one (21) years of age. The proposed amendments are being presented for temporary emergency approval in accordance with the Legislative Procedures Act to immediately protect public health and to bring the Nation into compliance with the change to federal law. There would not be time to process the amendments under the standard legislative process before the change in federal law became effective [1 O.C. 109.9-5]. The purpose of this Law is to regulate the sale, possession and distribution of cigarettes within the Reservation [1 O.C. 115.1-1]. Oneida Retail Enterprise, Oneida Casino Employees, Oneida Judiciary, Oneida Police Department Oneida Personal Policies and Procedures, Judiciary law, Citations law All cigarettes acquired, owned, possessed, sold, or distributed in violation of this law are unlawful property and subject to seizure by any Oneida law enforcement officer [1 O.C. 115.8-1]. Violators subject to the jurisdiction of the Nation shall be subject to a fine of not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida Police Department and paid to the Nation [1 O.C. 115.81(a)]. Oneida Nation employees who violate this Law shall be subject to disciplinary action in accordance with the Nation’s laws, rules, and policies governing employment [1 O.C. 115.8-1(b)]. Persons issued citations under this law may contest the citation with the Nation’s judicial system [1 O.C. 115.8-2]. Citations issued will follow the process contained in the Citations law [8 O.C. 807]. A public meeting in accordance with the Legislative Procedures Act is not required for legislation considered as an emergency [1 O.C. 109.8-1(b) and 109.9-5(a)]. A fiscal impact statement prepared in accordance with the Legislative Procedures Act is not required for legislation considered as an emergency [1 O.C. 109.9-5(a)]. Emergency amendments are effective immediately upon approval by the Oneida Business Committee, expire six (6) months from the date of approval and may be extended for up to six (6) additional months [1 O.C. 109.9-5(b)]. Page 1 of 4 Public Packet 37 of 381 Analysis to Draft 1 2020 02 26 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 46 47 48 49 50 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Tobacco law was first adopted by the Oneida Business Committee (OBC) on March 15, 1976, and most recently amended on January 25, 2017. The proposed emergency amendments to the Tobacco law (the Law) are being requested in response to a change in federal law [Public Law No: 116-94. Further Consolidated Appropriations Act, 2020]. The Further Consolidated Appropriations Act, 2020, was signed into law on December 20, 2019, and effectively directed a change to the Federal Food, Drug and Cosmetic Act to raise the legal age to purchase tobacco products to at least twenty-one (21) years old effective immediately. This change in federal law applies equally to all tobacco retail outlets making it illegal on a federal level to sell tobacco products to anyone under the age of twentyone (21). Impact. As a result of this change to federal law; section 115.6-3 of the Nation’s Tobacco law may be amended to the restrict sales of tobacco products by striking eighteen (18) and inserting twenty-one (21) to comply with this federal requirement. a. Tobacco Products. Tobacco products is not included in the definitions section and is therefore used in the everyday sense [1 O.C. 115.5]. b. Traditional Tobacco. The Law does not apply to traditional tobacco [1 O.C. 115.3-1]. c. Federal Register. The Secretary of Health and Human Services is required to publish in the Federal Register, within six (6) months, a final rule to update the regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act to strike all instances of “18 years” and insert “21 years”, update the relevant age verification requirements to require age verification for individuals under the age of 30 [Further Consolidated Appropriations Act, 2020, p. 1492-1503]. d. Retailer Responsibility. The Federal amendments make it clear that it is the responsibility of the retailer to ensure that tobacco products are not sold to anyone under the age of twenty-one (21). “It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age” [Further Consolidated Appropriations Act, 2020, p. 1493]. Employee Responsibility. The Nation’s law further applies disciplinary action to employees who violate the Law which, as amended, includes selling tobacco products to anyone under the age of twenty-one (21) [1 O.C. 115.8-1(b)]. B. The proposed emergency amendments to the Tobacco law bring the Nation into compliance with the amended federal law. SECTION 3. CONSULTATION AND OUTREACH A. Compliance. Correspondence with the Oneida Retail Division Director has revealed that the Nation has already begun to implement the federal change to the age of purchasing tobacco by raising the required minimum age to twenty-one (21) to buy tobacco within all of the Nation’s retail tobacco locations [Email Communication, January 8, 2020]. Additionally, signs have been changed throughout the reservation and registers have been reprogrammed to reflect the age twenty-one (21). This change in federal law also affects Oneida Casino employees who are between eighteen (18) and twenty (20) years old who previously purchased cigarettes for guests of the Oneida Casino. Those purchases will now require an Oneida Nation Casino employee who is at least twenty-one (21) years old [Kalihwisaks, January 9, 2020]. B. Consultation. The Oneida Law Office was consulted in the development of the emergency amendments to the law and legislative analysis [Personal Communication, January 30, 2020]. According to the Oneida Law Office; this change in federal legislation is a law of general applicability which means it applies equally and with general consistency to all people, including tribal governments [Wildenthal, 2017]. This change in federal law and the minimum age of twenty-one (21) years old to purchase tobacco products will apply to Kwik Trip in the same way it applies to the Oneida tobacco outlets. The change in federal law applies to the sales of tobacco products; the federal law does not mention and therefore does not apply to youth smoking or the possession of tobacco products by anyone under the age of twenty-one (21) [Federal, Food, Drug, and Cosmetic Act – Tobacco Products]. Page 2 of 4 Public Packet 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 93 94 95 96 97 98 99 38 of 381 Analysis to Draft 1 2020 02 26 C. Research. The increase in the age to purchase tobacco products to twenty-one (21) is based on research related to the age that a person begins smoking and their likelihood to become addicted. Research demonstrates that if a person has never smoked by the age of eighteen (18), the odds are three-to-one that he will never smoke. By age twenty-four (24) the odds are twenty-to-one [Tobacco 21, Nicoteen Brain]. Age Change in Progress Prior to Federal Amendment. Nineteen (19) states and 540 local jurisdictions had already raised the minimum age to purchase tobacco products to twenty-one (21) prior to the change in Federal Legislation [Tobacco 21, FAQ]. SECTION 4. PROCESS A. The LOC added the Tobacco law emergency amendments to the active files list during a regular LOC meeting on February 5, 2020. B. The amendments to this Law have followed the required process related to emergency legislation detailed in the Legislative Procedures Act (LPA) [1 O.C. 109.9-5]. C. The proposed emergency amendment will be presented to the LOC and forwarded to the OBC for consideration of approval. The LPA only requires that a legislative analysis accompany the amended law for approval on an emergency basis. A public meeting and a fiscal impact statement are not required for the consideration of emergency legislation [1 O.C. 109.9-5(a)]. a. The LPA defines emergency as the “immediate preservation of the public health, safety, or general welfare of the reservation population and the enactment or amendment of legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5]. b. Emergency enacted legislation becomes effective upon approval and remains effective for six (6) months from the date of approval. Emergency enacted legislation expires when six (6) months has passed unless the emergency is extended for an additional six (6) months [1 O.C. 109.9-5(b)]. SECTION 5. CONTENTS OF THE AMENDMENTS A. The proposed emergency amendments change the age for the sale of tobacco products from prohibiting sales under the age of eighteen (18) to prohibiting sales under the age of twenty-one (21) [1 O.C. 115.63]. SECTION 6. EFFECT ON EXISTING LEGISLATION A. The following laws were reviewed in the development of this legislative analysis: Oneida Personal Policies and Procedures, Citations law and Judiciary law. B. The proposed amendment does not conflict with the Nation’s Code of Laws. SECTION 7. ENFORCEMENT AND ACCOUNTABILITY A. The Law is currently enforced by all Oneida Nation Tobacco Retail Locations utilizing existing staff. B. Oneida Nation employees who violate this law are subject to disciplinary action in accordance with the Nation’s laws, rules, and policies governing employment [1 O.C. 115.8-1(b)]. Persons issued citations under this Law may contest the citation with the Nation’s judicial system [1 O.C. 115.8-2]. C. The Oneida Retail Division Director is responsible for the implementation of the amended Law. SECTION 8. OTHER CONSIDERATIONS B. Emergency Legislation. The Legislative Procedures Act authorizes the OBC to temporarily enact an emergency law where legislation is necessary for the immediate preservation of the public health, safety or general welfare of the reservation population and the enactment or amendment of legislation is required sooner than would be possible by utilizing the standard legislative process [1 O.C. 109.9-5(b)]. In this situation, there would not be time to amend the law through the standard legislative process prior to the changes to federal law going into effect. Page 3 of 4 Public Packet 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 39 of 381 Analysis to Draft 1 2020 02 26 C. Deadline for Permanent Adoption of Amendments. If adopted on an emergency basis by the OBC as proposed on February 26, 2020; these amendments will become effective immediately and will remain in effect for up to six months (August 26, 2020), with a possibility of a one-time extension of up to an additional six months (February 26, 2021) [1 O.C. 109.9-5(b)]. D. Additional Amendments. These emergency amendments only consider one amendment to change the prohibited age of sales of tobacco products from any person under the age of eighteen (18) [1 O.C. 115.6-3 of Current Law] to any person under the age of twenty-one (21) [1 O.C. 115.6-3]. Additional amendments to the Law may be considered when permanent amendments are considered. E. Fiscal Impact. A fiscal impact statement is not required. a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation [1 O.C. 109.9-5(a)]. Research Citations Public Law No: 116-94: Further Consolidated Appropriations Act, 2020, p. 1492-1503. https://docs.house.gov/billsthisweek/20191216/BILLS-116HR1865SA-RCP116-44.PDF Federal, Food, Drug, and Cosmetic Act – Tobacco Products https://uscode.house.gov/view.xhtml?path=/prelim@title21/chapter9/subchapter9&edition=prelim Tobacco Twenty-One: Preventing Tobacco Addiction Foundation Tobacco 21 FAQ: https://tobacco21.org/federal-tobacco-21-faq/ Tobacco 21 Nicoteen Brain: https://tobacco21.org/kids-tobacco/ Kalihwisaks, January 9, 2020. https://oneida-nsn.gov/blog/2020/01/09/oneida-retail-enforcing-new-federal-tobacco-law/ Wildenthal, B.H. (2017). Indian Sovereignty, General Federal Laws, and the Cannons of Construction: An Overview and Update. American Indian Law Journal, 6(1) pp. 97-173. https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1175&context=ailj Page 4 of 4 Public Packet 40 of 381 Draft 1- Emergency Amendments for OBC Consideration (Redline to Current) 2020 02 26 Title 1. Government and Finances - Chapter 115 Oy&=kwa> Olihw@=ke matters concerning tobacco TOBACCO Oy&=kwa> Olihw@=ke matters concerning tobacco 115.1. Purpose and Policy 115.2. Adoption, Amendment, Repeal 115.3. Definitions 115.4. Oneida Retail Locations 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 37 115.5. Purchase of, Title to And Possession of Tobacco Products 115.6. Restrictions on Sales 115.7. Liability 115.8. Violations 115.1. Purpose and Policy 115.1-1. Purpose. The purpose of this law is to regulate the sale, possession and distribution of cigarettes within the Reservation. 115.1-2. Policy. It is the policy of the Nation to ensure that all cigarette sales on the Reservation are conducted in a lawful manner. 115.2. Adoption, Amendment, Repeal 115.2-1. This law was adopted by the Oneida Business Committee by resolution BC- 11-18-81A and amended by resolution BC-10-10-07-A, BC-04-09-14-F, and BC-01-25-17-B., and BC-____-__-__. 115.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 115.2-3. 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. 115.2-4. 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. 115.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 115.3. Definitions 115.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. (b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and other products used to refill the device. “Electronic cigarette” shall not include any device that is prescribed by a healthcare professional. (c) “Employee” means a person employed by the Oneida Nation working in an Oneida retail location. (d) “Nation” means the Oneida Nation. (e) “Oneida Retail Location” means an Oneida Nation retail sales business selling stamped cigarettes within the Oneida Nation Reservation. 1 O.C. 115 – Page 1 Public Packet 41 of 381 Draft 1- Emergency Amendments for OBC Consideration (Redline to Current) 2020 02 26 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 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 (f) “Reservation” means all land within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any land added thereto pursuant to federal law. (g) “Stamped Cigarettes” means cigarettes bearing valid Wisconsin tax stamps. 115.4. Oneida Retail Locations 115.4-1. The Nation shall maintain Oneida retail locations within the Reservation as it deems necessary to provide adequate service to consumers of stamped cigarettes. 115.4-2. Each Oneida retail location established hereunder shall be managed and operated by the Oneida Nation. 115.5. Purchase of, Title to and Possession of Tobacco Products 115.5-1. The Nation shall purchase stamped cigarettes from such suppliers as it may choose and shall take title and possession on delivery to an Oneida retail location on the Reservation (the title shall be subject to any purchase money security interest). Possession of the stamped cigarettes (but not title) shall be transferred to the manager of the Oneida retail location to be held for sale to the consumers. The Nation shall retain title to stamped cigarettes until sold to a consumer. 115.6. Restrictions on Sales 115.6-1. The Nation shall be the exclusive retailer of cigarettes bearing the Wisconsin Tribal Cigarette tax stamp within the Reservation. Furthermore, only the Nation may claim the tax refunds on cigarettes sold on the Reservation as provided for under state law. 115.6-2. The Nation reserves the right to restrict sales, volume, pricing and profit margin of stamped cigarettes sold at aan Oneida retail location. 115.6-3. Cigarettes and electronic cigarettes shall not be sold to any person under the age of eighteen (18).twenty-one (21) . Cigarettes and electronic cigarettes for sale at an Oneida retail location shall be on display behind a counter. No person other than an authorized employee shall sell cigarettes and electronic cigarettes at an Oneida retail location. 115.6-4. No person may sell or offer for sale unstamped cigarettes on the Reservation. 115.7. Liability 115.7-1. The Nation shall be responsible for all risks to the stamped cigarettes and shall carry full insurance against fire, theft, and other hazards, and such insurance shall include as a beneficiary any person owning a purchase money security interest in the products to the extent his or her interest may appear. 115.8 Violations 115.8-1. All cigarettes acquired, owned, possessed, sold, or distributed in violation of this law are unlawful property and subject to seizure by any Oneida law enforcement officer. (a) Violators subject to the jurisdiction of the Nation shall be subject to a fine of not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida Police Department and paid to the Nation. (b) Employees who violate this law shall be subject to disciplinary action in accordance with the Nation’s laws, rules, and policies governing employment. 115.8-2. All fines assessed under this section shall be paid within sixty (60) days of issuance of the citation, unless the person contests the citation with the Nation’s judicial system before the fine is to be paid. End. 1 O.C. 115 – Page 2 Public Packet 42 of 381 Draft 1- Emergency Amendments for OBC Consideration (Redline to Current) 2020 02 26 87 88 89 Adopted - BC-3-15-76-A Adopted - BC-9-7-77-B Adopted - BC-9-4-79-C Adopted - BC-11-18-81-A Amended - BC-10-10-07-A Amended - BC-04-09-14-F 1 O.C. 115 – Page 3 Amended - BC-01-25-17-B Emergency Amended – BC-__-__-__-__ Public Packet 43 of 381 Draft 1- Emergency Amendments for OBC Consideration2020 02 26 Title 1. Government and Finances - Chapter 115 Oy&=kwa> Olihw@=ke matters concerning tobacco TOBACCO 115.1. Purpose and Policy 115.2. Adoption, Amendment, Repeal 115.3. Definitions 115.4. Oneida Retail Locations 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 38 115.5. Purchase of, Title to And Possession of Tobacco Products 115.6. Restrictions on Sales 115.7. Liability 115.8. Violations 115.1. Purpose and Policy 115.1-1. Purpose. The purpose of this law is to regulate the sale, possession and distribution of cigarettes within the Reservation. 115.1-2. Policy. It is the policy of the Nation to ensure that all cigarette sales on the Reservation are conducted in a lawful manner. 115.2. Adoption, Amendment, Repeal 115.2-1. This law was adopted by the Oneida Business Committee by resolution BC- 11-18-81A and amended by resolution BC-10-10-07-A, BC-04-09-14-F, BC-01-25-17-B, and BC-__-____-__. 115.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 115.2-3. 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. 115.2-4. 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. 115.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 115.3. Definitions 115.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size, shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. (b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and other products used to refill the device. “Electronic cigarette” shall not include any device that is prescribed by a healthcare professional. (c) “Employee” means a person employed by the Oneida Nation working in an Oneida retail location. (d) “Nation” means the Oneida Nation. (e) “Oneida Retail Location” means an Oneida Nation retail sales business selling stamped cigarettes within the Oneida Nation Reservation. (f) “Reservation” means all land within the exterior boundaries of the Reservation of the 1 O.C. 115 – Page 1 Public Packet 44 of 381 Draft 1- Emergency Amendments for OBC Consideration2020 02 26 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 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any land added thereto pursuant to federal law. (g) “Stamped Cigarettes” means cigarettes bearing valid Wisconsin tax stamps. 115.4. Oneida Retail Locations 115.4-1. The Nation shall maintain Oneida retail locations within the Reservation as it deems necessary to provide adequate service to consumers of stamped cigarettes. 115.4-2. Each Oneida retail location established hereunder shall be managed and operated by the Oneida Nation. 115.5. Purchase of, Title to and Possession of Tobacco Products 115.5-1. The Nation shall purchase stamped cigarettes from such suppliers as it may choose and shall take title and possession on delivery to an Oneida retail location on the Reservation (the title shall be subject to any purchase money security interest). Possession of the stamped cigarettes (but not title) shall be transferred to the manager of the Oneida retail location to be held for sale to the consumers. The Nation shall retain title to stamped cigarettes until sold to a consumer. 115.6. Restrictions on Sales 115.6-1. The Nation shall be the exclusive retailer of cigarettes bearing the Wisconsin Tribal Cigarette tax stamp within the Reservation. Furthermore, only the Nation may claim the tax refunds on cigarettes sold on the Reservation as provided for under state law. 115.6-2. The Nation reserves the right to restrict sales, volume, pricing and profit margin of stamped cigarettes sold at an Oneida retail location. 115.6-3. Cigarettes and electronic cigarettes shall not be sold to any person under the age of twenty-one (21) . Cigarettes and electronic cigarettes for sale at an Oneida retail location shall be on display behind a counter. No person other than an authorized employee shall sell cigarettes and electronic cigarettes at an Oneida retail location. 115.6-4. No person may sell or offer for sale unstamped cigarettes on the Reservation. 115.7. Liability 115.7-1. The Nation shall be responsible for all risks to the stamped cigarettes and shall carry full insurance against fire, theft, and other hazards, and such insurance shall include as a beneficiary any person owning a purchase money security interest in the products to the extent his or her interest may appear. 115.8 Violations 115.8-1. All cigarettes acquired, owned, possessed, sold, or distributed in violation of this law are unlawful property and subject to seizure by any Oneida law enforcement officer. (a) Violators subject to the jurisdiction of the Nation shall be subject to a fine of not more than ten dollars ($10) per pack of un-stamped cigarettes to be issued by the Oneida Police Department and paid to the Nation. (b) Employees who violate this law shall be subject to disciplinary action in accordance with the Nation’s laws, rules, and policies governing employment. 115.8-2. All fines assessed under this section shall be paid within sixty (60) days of issuance of the citation, unless the person contests the citation with the Nation’s judicial system before the fine is to be paid. End. Adopted - BC-3-15-76-A Adopted - BC-11-18-81-A 1 O.C. 115 – Page 2 Amended - BC-01-25-17-B Public Packet 45 of 381 Draft 1- Emergency Amendments for OBC Consideration2020 02 26 88 89 Adopted - BC-9-7-77-B Adopted - BC-9-4-79-C Amended - BC-10-10-07-A Amended - BC-04-09-14-F 1 O.C. 115 – Page 3 Emergency Amended – BC-__-__-__-__ Public Packet Accept the February 3, 2020, regular Finance Committee meeting minutes 46 of 381 Public Packet 47 of 381 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant DT: 02/05/20 RE: E-Poll Results - FC Meeting Minutes of Feb. 3, 2020 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of February 3, 2020. The E-Poll and minutes were sent out Monday and the E-Poll was concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: Th er e was a M aj or ity o f 4 FC m em b er s v ot i ng to ap pr ov e t he F eb . 3 , 2 0 20 Fi na nc e C o m m it te e Me e ti n g M in ut es . F C M em b er s v ot i ng i n c l ud e d: L ar r y B ar t o n, J e n ni f er W e bs ter , P atr ic k St e ns l o ff , an d C ha d F us s . These Finance Committee Minutes of Feb. 3, 2020 will be placed on the next Finance Committee agenda of Feb. 17, 2020 to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a month for Council acceptance. E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC SOP’s on Electronic Voting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Public Packet 48 of 381 FINANCE COMMITTEE FC REGULAR MEETING Feb. 3, 2020 ▪ Time: 9:00 A.M. BC Executive Conference Room REGULAR MEETING MINUTES FC REGULAR MEETING: Patricia King, Treasurer/FC Chair Jennifer Webster, BC Council Member Patrick Stensloff, Purchasing Director Larry Barton, CFO/FC Vice-Chair Chad Fuss, Gaming AGM; GGM Alt. UNEXCUSED: Daniel Guzman King, BC Council Member OTHERS PRESENT: Andrew Doxtater, Frank Cornelius, Carrie Lindsey, Dr. Vir, Debbie Danforth and Denise J. Vigue, taking Minutes I. CALL TO ORDER: The FC Regular Meeting was called to order by the FC Chair at 8:58 A.M. II. APPROVAL OF AGENDA: FEBRUARY 3, 2020 Motion by Jennifer Webster to approve the Feb. 3, 2020 FC Meeting Agenda with one Late ADD ON in Executive Session. Seconded by Patrick Stensloff. Motion carried unanimously. III. APPROVAL OF MINUTES: JANUARY 13, 2020 (Approved via E-Poll on 01/14/20): Motion by Larry Barton to ratify the FC E-Poll action taken on Jan. 14, 2020 approving the Jan. 13, 2020 Finance Committee Meeting Minutes. Seconded by Jennifer Webster. Motion carried unanimously. IV. TABLED BUSINESS: None V. CAPITAL EXPENDITURES: 1. Data Financial – Currency Counter Andrew Doxtater, Gaming Drop/Count Amount: $497,500. This will go in the soft count room, a replacement of an obsolete machine at the Mason Street Casino; very fast machine that cuts labor time as machine does faster some of the manual processes done previously by staff. Additional information needed and will be sent today. Motion by Jennifer Webster to approve the Gaming Capital Expenditure for the replacement cost of the currency counter through Data Financial in the amount of $497,500.00 contingent upon receiving additional backup information. Seconded by Patrick Stensloff. Motion carried unanimously. VI. COMMUNITY FUND: REPORTS: 1. Community Fund Monthly Report for February 2020 Denise J. Vigue, Finance Administration Office Page 1 of 5 Finance Committee Meeting Minutes of Feb. 3, 2020 Public Packet 49 of 381 Motion by Jennifer Webster to approve the Community Fund report for February 2020. Seconded by Larry Barton. Motion carried unanimously. REQUESTS: CF NOTE: All items were in the packets and reviewed: Motion by Larry Barton to approve CF Requests #1 through #21 with recommended amounts specifically in request #4, #5 ,#8, recommended pick up date for #13, and acknowledgement of enough funds for #17. 1. Heat Volleyball Club Fees Requester: Jason & Ann Stingle for daughter, Abigail Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 2. YMCA Camp U-Nah-Li-Ya Registration Fees Requester: Tonia Skenandore for daughter, Alexis Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 3. YMCA Camp U-Nah-Li-Ya Registration Fees Requester: Tonia Skenandore for daughter, Alysa Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 4. Southwest Youth Basketball Organization Player Fees Requester: Myone Melchert for son, Rylee Amount: $75. There is no backup to show the ten percent required match; if approved should be $67.50 for this request and $112.50 for the following request. Motion by Larry Barton to approve from the Community Fund the Southwest Youth Basketball Organization Player Fees for the son of the requester in the amount of $67.50; which is the fee minus required 10%. Seconded by Chad Fuss Motion carried unanimously. 5. Southwest Youth Basketball Organization Player Fees Requester: Myone Melchert for son, Raylon Amount: $125. Motion by Larry Barton to approve from the Community Fund the Southwest Youth Basketball Organization Player Fees for the son of the requester in the amount of $112.50; which is the fee minus required 10%. Seconded by Chad Fuss Motion carried unanimously. 6. Green Bay Ice 18U Softball Registration Fees Requester: Arthur M. King for daughter, Diahanna Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 7. Green Bay Ice 18U Softball Fees Requester: Arthur M. King for daughter, Dinah - Approved, SEE Motion in the CF NOTE for requests. Page 2 of 5 Finance Committee Meeting Minutes of Feb. 3, 2020 Amount: $500. Public Packet 8. 50 of 381 Work Some More LLC – Bitty Ballers Fees Requester: Stacy White for son, Pete Amount: $500. Can only approve through September which would be $420.00 and minus required 10% would make it $378.00 Motion by Larry Barton to approve from the Community Fund the Work Some More LLC – Bitty Ballers Fees through September minus the ten percent match for the son of the requester in the amount of $378.00. Seconded by Chad Fuss. Motion carried unanimously. 9. Iroquois Nationals Lacrosse Team Fees Requester: Alison Danforth for son, Donavan Amount: $375. - Approved, SEE Motion in the CF NOTE for requests. 10. Iroquois Nationals Lacrosse Team Fees Requester: Jeremy VandeHei for son, Nelson Amount: $375. - Approved, SEE Motion in the CF NOTE for requests. 11. Youth Golf Tournament Entry Fees Requester: Shoney Skenandore for daughter Skye Two Hawks Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 12. Wisconsin Blizzard Basketball Registration Fees Requester: Tricia Danforth for daughter, Rhianna Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 13. Hillcrest School PTO Family Carnival Requester: Dan Skenandore Amount: 25 Cases Motion by Larry Barton to approve from the Community Fund the Coca-Cola Product request in the amount of 25 Cases for fundraising at the Hillcrest School PTO Family Carnival, noting the pickup date to be 3/3/20. Seconded by Chad Fuss. Motion carried unanimously. 14. Work Some More – 1848 Basketball Training Fees Requester: William Pocan for son, Desmond Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 15. Iroquois Nationals Lacrosse Team Fees Requester: Stephanie Stevens for son, Daniel Amount: $361.80 - Approved, SEE Motion in the CF NOTE for requests. 16. Iroquois Nationals Lacrosse Team Fees Requester: Stephanie Stevens for son, Ernest IV Amount: $472.50 - Approved, SEE Motion in the CF NOTE for requests. 17. Jujitsu Class fees at Oneida Family Fitness Requester: Constance Danforth Amount: $162. Requester had previous request but does have enough remaining to fund this request. - Approved, SEE Motion in the CF NOTE for requests. Page 3 of 5 Finance Committee Meeting Minutes of Feb. 3, 2020 Public Packet 51 of 381 18. Jujitsu Class fees at Oneida Family Fitness Requester: Constance Danforth for son, Avary Amount: $269. - Approved, SEE Motion in the CF NOTE for requests. 19. YMCA Volleyball Registration & Class Fees Requester: Vashi Cornelius for daughter, Valencia Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 20. Taekwondo Center – Tiny Tigers Class Fees Requester: Vashi Cornelius for son, Arturo Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. 21. Taekwondo Center – Basic Skills Class Fees Requester: Vashi Cornelius for daughter, Daliah Amount: $500. - Approved, SEE Motion in the CF NOTE for requests. VII. NEW BUSINESS: 1. FY20 Blanket PO – ASPIRO Carrie Lindsey, Consolidated Health Services Amount: $120,000. Carrie was present to explain requests 1-3; they are for services related to assisting and training clients in household chores, all new vendors to the program and offer specialized services for their clients who has physical or mental disabilities. Motion by Larry Barton to approve the FY20 Blanket Purchase Order requests #1 through #3 in the amounts of $120,000.00 each. Seconded by Jennifer Webster. Motion carried unanimously. 2. FY20 Blanket PO – LIFE Academy Carrie Lindsey, Consolidated Health Services Amount: $120,000. - SEE Motion in the New Business Request #1. 3. FY20 Blanket PO – Lamer’s Transport Services Carrie Lindsey, Consolidated Health Services Amount: $120,000. - SEE Motion in New Business Request #1 4. FY20 Blanket PO – Bally Gaming, Inc. Frank Cornelius, Gaming-Table Games Amount: $264,412.20 Frank explained this is an annual lease of assorted items used within Table Games such as shufflers, proprietary games and licenses; these keep our Table Games in competition with other casinos. Motion by Larry Barton to approve the FY20 Blanket Purchase Order with Bally Gaming, Inc. in the amount of $264,412.20. Seconded by Patrick Stensloff. Motion carried unanimously. VIII. EXECUTIVE SESSION: Motion by Patrick Stensloff to go into Executive Session. Seconded by Chad Fuss. Motion carried unanimously. Time: 9:15 A.M. Motion by Jennifer Webster to come out of Executive Session. Seconded by Chad Fuss. carried unanimously. Time: 9:57 A.M. Page 4 of 5 Finance Committee Meeting Minutes of Feb. 3, 2020 Motion Public Packet 1. 52 of 381 Late ADD On: Initiative One Debra Danforth, Comp Health-Operations Director Dr. Vir, Comp Health – Medical Director Motion by Jennifer Webster that the FC approves the contract contingent upon the GM requesting this item is placed on the BC Executive Session to approve utilizing unbudgeted funds and to include the following: Letter from HRD saying they do not have the capacity to conduct training; that there is more details put into the scope of work that include the specific outcome; a letter from IHS approving this sole source contract to be funded through grant dollars; and a formal letter from the GM supporting this contract. Seconded by Patrick Stensloff. Motion carried unanimously. IX. FOLLOW UP: 1. Finance Committee Elder Member Patricia King, FC Chair Motion by Chad Fuss to accept letter sent to Elder Member letting her know the position will be considered vacant and the Chair will send a request to post to the OBC. Seconded by Patrick Stensloff. Motion carried unanimously. X. FOR INFORMATION ONLY: None XI. ADJOURN: Motion by Jennifer Webster to adjourn. Seconded by Patrick Stensloff. Motion carried unanimously. Time: 10:03 A.M. Minutes transcribed by: Denise J. Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee Approval Date of Minutes via E-Poll: February 5, 2020 Page 5 of 5 Finance Committee Meeting Minutes of Feb. 3, 2020 Public Packet Accept the February 17, 2020, regular Finance Committee meeting minutes 53 of 381 Public Packet 54 of 381 INTERNAL MEMO TO: Finance Committee FR: Denise J. Vigue, Executive Assistant DT: Feb. 18, 2020 RE: E-Poll Results - FC Meeting Minutes of February 17, 2020 An E-Poll vote of the Finance Committee was conducted to approve the Finance Committee meeting minutes of February 17, 2020. The E-Poll and minutes were sent out yesterday and the E-Poll was concluded today. The results of the completed E-Poll are as follows: E-POLL RESULTS: Th er e was a M aj or i ty of 4 FC m em b er s v ot i ng to ap pr ov e th e F e b. 1 7 , 2 02 0 Fi na nc e Co m m it te e M ee t in g M i nu t es . FC M e mb er s v o t in g i nc lu d ed: L ar r y B ar t o n, P atr ic k S t ens l of f, J e n n if er We bs t er , a nd C h a d F us s . These Finance Committee Minutes of Feb. 17, 2020 will be placed on the next Finance Committee agenda of Mar. 2, 2020 to ratify this E-Poll action. Per the FC By-Laws all Minutes of the FC will be submitted to the Secretary’s Office once a month for Council acceptance. E-Polls of the Finance Committee meeting minutes is part of the FC By-Laws and approval conducted per the FC SOP’s on Electronic Voting. Finance Administration Office Phone: 920- 869-4325 FAO@oneidanation.org Public Packet 55 of 381 FINANCE COMMITTEE FC REGULAR MEETING Feb. 17, 2020 ▪ Time: 9:00 A.M. BC Executive Conference Room REGULAR MEETING MINUTES FC REGULAR MEETING: Patricia King, FC Chair/Treasurer Jennifer Webster, BC Council Member Chad Fuss, AGGM-Gaming (GGM-Gaming, Alt.) Larry Barton, FC Vice-Chair/CFO Daniel Guzman King, BC Council Member Patrick Stensloff, Purchasing Director OTHERS PRESENT: Sharon Mousseau, Linda Jenkins, Lucy Neville and Denise J. Vigue taking Minutes I. CALL TO ORDER: The Regular FC Meeting was called to order by the FC Chair at 9:00 A.M. II. APPROVAL OF AGENDA: FEBRUARY 17, 2020 Motion by Jennifer Webster to approve the Finance Committee meeting agenda of Feb. 17, 2020. Seconded by Patrick Stensloff. Motion carried unanimously. III. APPROVE E-POLL OF MINUTES: FEBRUARY 3, 2020 (Approved on 2/5/20): Motion by Larry Barton to ratify the FC E-Poll action taken on 02/05/20 approving the 2/3/20 Finance Committee Meeting Minutes. Seconded by Chad Fuss. Motion carried unanimously. IV. TABLED BUSINESS: None V. CAPITAL EXPENDITURES: 1. Camera Corner – Touch Screens Sharon Mousseau, ONSS Amount: $105,650.09 Sharon explained the current screens are using old technology and are becoming obsolete; several grades that will receive the touch screens will be paid from Ramah funds and the rest will be paid from BIE funds; MIS provided the vendor information but FC wondering if there are any other companies that could provide this, would like to see something in writing from MIS stating there is no other vendor available. Motion by Jennifer Webster to approve the contract with Camera Corner for touch screens for use at the ONES contingent upon MIS providing in writing that there are no other vendors who can provide this technology. Seconded by Larry Barton. Motion carried unanimously. VI. FC DONATIONS: REPORT: 1. FC Donations – Monthly Report for February 2020 Denise J. Vigue, Finance Motion by Jennifer Webster to approve the February 2020 Finance Committee Donation Report. Seconded by Patrick Stensloff Motion carried unanimously. Page 1 of 3 Finance Committee Meeting Minutes of February 17, 2020 Public Packet 56 of 381 REQUESTS: 1. Mountain Chief Institute – Oneida Basketball Camp Requester: David Powless, MCI President & Owner Amount: $2,500. Motion by Jennifer Webster to approve from the FC Donation Line the Mountain Chief Institute’s request to hold an Oneida Youth Basketball Camp this summer in the amount of $2,500.00. Seconded by Patrick Stensloff. Motion carried unanimously. VII. NEW BUSINESS: 1. FY20 Blanket PO – GEMCO Medical Amount: $55,000. Catherine Hirth, Consolidated Health, OHC No one present to answer questions regarding this purchase for insulin pumps including the omission in the packet of the GSA contract number. Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order for GEMCO Medical in the amount of $55,000.00 contingent upon receiving the GSA contract number. Seconded by Patrick Stensloff. Motion carried unanimously. 1. FY20 Blanket PO – Roche Diagnostics Catherine Hirth, Consolidated Health, OHC No GSA contract number in this request. Amount: $72,022.10. Motion by Jennifer Webster to approve the FY20 Blanket Purchase Order for Roche Diagnostics in the amount of $72,022.10 contingent upon receiving the GSA contract number. Seconded by Patrick Stensloff. Motion carried unanimously. 3. M/S Data Insight, LLC – Surveys/Focus Grp Training Amount: $225,000. Lucy Neville, Gam-Employee Services Lucy explained this is a vendor they have already utilized, reviewed the significant cost savings and mentioned the vendor is available 24/7 which suits the Gaming operation. Motion by Jennifer Webster to approve the M/S Data Insight, LLC contract for surveys and group training in the amount of $225,000.00. Seconded by Daniel Guzman King. Motion carried unanimously. VIII. IX. X. EXECUTIVE SESSION: None FOLLOW UP: NONE OTHER: 1. Investment Update: Northern Trust for p.e. 12-31-19 Terry Cornelius, CFA – Finance Terry out; CFO will provide update if Terry cannot get back in time. Motion by Larry Barton to defer this and the following item to the end of the agenda. Seconded by Chad Fuss. Motion carried unanimously. Terry out with illness so CFO will provide brief updates on the reports and will abstain from the motion. Larry discussed the overall investment portfolio of the Oneida Nation noting that it is mixed with stocks, bonds, and Treasury Bills for balance in an everchanging marketplace; stocks fluctuate more and are tied to direct worldwide activities and political strategies; bonds are incumbent to temper the risk and T-bills create cash fluidity to cover the Nation’s weekly expenses as well as yearly expenses Page 2 of 3 Finance Committee Meeting Minutes of February 17, 2020 Public Packet 57 of 381 such as payroll and per capita. He highlighted several money managers that have exceeded their indices and overall the quarter was a quiet one with modest gains. The next few months we’ll see more fluctuations due in part to the presidential elections and the current pandemic out of China; there is an educated opinion from market experts who anticipate the next year we will see an economic recession. The Oneida Nation has an investment policy that is conservative in nature, as do the investment managers we have so much of the impending volatility that is expected should be weathered to some degree. Motion by Jennifer Webster to approve the Northern Trust Investment Update provided by the CFO for period ending Dec. 31, 2019. Seconded by Patrick Stensloff. Larry Baton abstained. Motion carried. 2. Investment Update: 4 Fires for p.e. 12-31-19 Terry Cornelius, CFA – Finance Larry discussed the asset and currently still has a solid performance due in large part to the location (Washington, D.C.) and the completion of the building remodeling/updates. Overall the investment put in by the Oneida Nation has been recouped and we have received modest returns; some of the risks to keep in mind as we move forward is the number of other rooms moving into the D.C. area and the changing lodging preferences to a younger business class who are more readily using the Air B&B venues; expecting the managing partner to again refinance the property in the next year as their strategy is to pull as much capital as they can for their other investments/properties. Motion by Jennifer Webster to approve Four Fires Investment Update for period ending Dec. 31, 2019. Seconded by Patrick Stensloff. Larry Barton abstained. Motion carried. 3. Finance Committee – FY20 First Quarter Report to the BC Denise J. Vigue, Finance Motion by Jennifer Webster to approve the FY20 First Quarter Report from the Finance Committee to the Business Committee. Seconded by Patrick Stensloff. Motion carried unanimously. XI. FOR YOUR INFORMATION: 1. INTERBLOCK (3) BJ Diamond Lease Games David Emerson, Gaming – Slots Dept. Motion by Jennifer Webster to accept the information from Gaming’s Slot Department for this and the following request regarding slot lease games as FYI. Seconded by Patrick Stensloff. Motion carried unanimously. 2. Aristocrat (4) Dragon Link Lease Games David Emerson, Gaming – Slots Dept. - See Motion in FYI #1. XII. ADJOURN: Motion by Patrick Stensloff to adjourn. Seconded by Jennifer Webster. Motion carried unanimously. Time: 10:03 A.M. Minutes taken & transcribed by: Denise Vigue, Executive Assistant to the CFO & Finance Committee Contact/Recording Secretary Finance Committee-Approval Date of Minutes via E-Poll: February 18, 2020 Page 3 of 3 Finance Committee Meeting Minutes of February 17, 2020 Public Packet 58 of 381 Oneida Business Committee Agenda Request Accept the February 5, 2020, regular Legislative Operating Committee meeting minutes 1. Meeting Date Requested: / 26 / 20 2 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Standing Committees Accept as Information only Action - please describe: Accept the February 5, 2020, Legislative Operating Committee meeting minutes. 3. Supporting Materials Report Resolution Contract Other: 1. 2/5/20 LOC Meeting Minutes 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: David P. Jordan, Councilmember Primary Requestor/Submitter: Jennifer Falck, LRO Director Your Name, Title / Dept. or Tribal Member Additional Requestor: Clorissa N. Santiago, LRO Staff Attorney Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 59 of 381 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center February 05, 2020 9:00 a.m. Present: Kirby Metoxen, Jennifer Webster, Daniel Guzman King Excused: David P. Jordan, Ernest Stevens III Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Kristen Hooker, Jennifer Falck, Rae Skenandore, Jameson Wilson, Leyne Orosco, Lee Cornelius. Present via Teleconference: Arthur Elm III, Diane Hill, Michael Coleman. I. Call to Order and Approval of the Agenda Kirby Metoxen called the February 5, 2020, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Jennifer Webster to adopt the agenda with the addition of the Oneida Land Commission Bylaws Amendments; seconded by Daniel Guzman King. Motion carried unanimously. II. Minutes to be Approved 1. January 15, 2020 Motion by Jennifer Webster to approve the January 15, 2020, Legislative Operating Committee meeting minutes and forward to the Business Committee for consideration; seconded by Daniel Guzman King. Motion carried unanimously. III. Current Business 1. Citations Law (5:46-10:14) Motion by Jennifer Webster to approve the Citation law adoption packet and forward to the Oneida Business Committee for consideration; seconded by Daniel Guzman King. Motion carried unanimously. 2. Indian Preference in Contracting Amendments (10:15-14:01) Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. 3. Southeastern Wisconsin Oneida Tribal Services (SEOTS) Advisory Board Bylaws Amendments (14:03-15:59) Motion by Daniel Guzman King to approve forwarding the amended Southeastern Wisconsin Oneida Tribal Services Advisory Board bylaws packet to the Oneida Business Committee for consideration; seconded by Jennifer Webster. Motion carried unanimously. IV. New Submissions Legislative Operating Committee Meeting Minutes of February 05, 2020 Page 1 of 3 Public Packet 60 of 381 1. Petition: Nancy Dallas – Funeral Home (16:01-16:53) Motion by Jennifer Webster to add the petition: Nancy Dallas - Make a Funeral Home to the active files list; seconded by Daniel Guzman King. Motion carried unanimously. 2. Petition: Nancy Dallas – Hold on Building (16:55-18:31) Motion by Jennifer Webster to add the petition: Nancy Dallas - Hold on Building to the active files list; seconded by Daniel Guzman King. Motion carried unanimously. 3. Oneida Nation Emergency Planning Committee Bylaws Amendments (18:3420:08) Motion by Jennifer Webster to add the Oneida Nation Emergency Planning Committee Bylaws Amendments to the active files list; seconded by Daniel Guzman King. Motion carried unanimously. 4. Curfew Law Amendments (20:09-22:11) Motion by Jennifer Webster to add Curfew Law amendments to the active files list for a technical amendment with Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. 5. Domestic Animals Law Amendments (23:39-24:55) Motion by Daniel Guzman King to add Domestic Animals amendments to the active files list for a technical amendment with Ernest Stevens III as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. V. Additions 1. Oneida Land Commission Bylaws (25:00-28:26) Motion by Daniel Guzman King to add the Oneida Land Commission Bylaws amendments to the active files list as agreed upon in our joint meeting; seconded by Jennifer Webster. Motion carried unanimously. VI. Administrative Items 1. E-poll Results: Sanctions and Penalties for Elected Officials Law – Approve Updated Materials and Fiscal Impact Statement Request (28:38-31:27) Motion by Jennifer Webster to enter into record the e-poll results: Sanctions and Penalties for Elected Officials Law – Approve Updated Materials and Fiscal Impact Statement Request; seconded by Daniel Guzman King. Motion carried unanimously. 2. E-Poll Results: Sanctions and Penalties for Elected Officials Law – Approve Adoption Packet and Forward to Oneida Business Committee. (31:28-33:18) Motion by Jennifer Webster to ratify the January 21, 2020, e-poll results into record; seconded by Daniel Guzman King. Motion carried unanimously. 3. E-poll Results: Sanctions and Penalties for elected Officials Law – Rescind Motion Approving Adoption Packet (33:21-35:44) Motion by Jennifer Webster to enter into the record the January 21, 2020, e-poll results for the rescission of the January 21, 2020, LOC motion approving the Sanctions and Penalties for elected Officials Law adoption packet and forward to the OBC for inclusion on the tentative March 2020 GTC meeting agenda; seconded Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of February 5, 2020 Page 2 of 3 Public Packet 61 of 381 4. Boards, Committees, and Commissions One-Year Evaluation Report (35:5037:00) Motion by Daniel Guzman King to accept the Boards, Committees, and Commissions law one-year evaluation report; seconded by Jennifer Webster. Motion carried unanimously. VII. Executive Session VIII. Adjourn Motion by Jennifer Webster to adjourn at 9:37 a.m.; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of February 5, 2020 Page 3 of 3 Public Packet 62 of 381 Approve the travel report - Councilwoman Jennifer Webster - Tribal Self-Governance Advisory Committee Business Committee Agenda Request 1. Meeting Date Requested: 02/26/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☐ Minutes ☐ Fiscal Impact Statement ☒ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Jennifer Webster, Councilwoman Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 63 of 381 Public Packet 64 of 381 Public Packet 65 of 381 Public Packet 66 of 381 Public Packet 67 of 381 Public Packet 68 of 381 Public Packet 69 of 381 Public Packet 70 of 381 Public Packet 71 of 381 Public Packet 72 of 381 Approve the travel report - Councilwoman Jennifer Webster - Tribal Self-Governance Advisory Committee Business Committee Agenda Request 1. Meeting Date Requested: 02/26/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☐ Minutes ☐ Fiscal Impact Statement ☒ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Jennifer Webster, Councilwoman Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 73 of 381 Public Packet 74 of 381 Public Packet 75 of 381 Public Packet 76 of 381 Public Packet 77 of 381 Public Packet 78 of 381 Public Packet 79 of 381 Public Packet 80 of 381 Public Packet 81 of 381 Public Packet 82 of 381 Public Packet 83 of 381 Public Packet 84 of 381 Public Packet 85 of 381 Public Packet 86 of 381 Public Packet 87 of 381 Public Packet 88 of 381 Public Packet 89 of 381 Public Packet 90 of 381 Public Packet 91 of 381 Public Packet 92 of 381 Public Packet 93 of 381 Public Packet 94 of 381 Public Packet 95 of 381 Public Packet 96 of 381 Public Packet 97 of 381 Public Packet 98 of 381 Public Packet 99 of 381 Public Packet 100 of 381 Public Packet 101 of 381 Public Packet 102 of 381 Public Packet 103 of 381 Public Packet 104 of 381 Public Packet 105 of 381 Public Packet 106 of 381 Public Packet 107 of 381 Public Packet 108 of 381 Public Packet 109 of 381 Approve the travel report - Councilwoman Jennifer Webster - Administration of Children & Families Tribal. Business Committee Agenda Request 1. Meeting Date Requested: 02/26/20 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Contract Document(s) ☐ Legal Review ☐ Correspondence ☐ Minutes ☐ Fiscal Impact Statement ☒ Report ☐ Other: Describe ☐ Resolution ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Other: Describe 5. Submission: Authorized Sponsor: Jennifer Webster, Councilwoman Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: LLIGGINS ☐ Unbudgeted Public Packet 110 of 381 Public Packet 111 of 381 Public Packet 112 of 381 Public Packet 113 of 381 Public Packet 114 of 381 Public Packet 115 of 381 Public Packet 116 of 381 Public Packet 117 of 381 Public Packet 118 of 381 Public Packet 119 of 381 Public Packet 120 of 381 Public Packet 121 of 381 Public Packet 122 of 381 Public Packet 123 of 381 Public Packet 124 of 381 Public Packet 125 of 381 Public Packet 126 of 381 Public Packet 127 of 381 Public Packet 128 of 381 Public Packet 129 of 381 Public Packet 130 of 381 Public Packet 131 of 381 Public Packet 132 of 381 Public Packet 133 of 381 Public Packet 134 of 381 Public Packet 135 of 381 Public Packet 136 of 381 Public Packet 137 of 381 Public Packet 138 of 381 Public Packet 139 of 381 Public Packet 140 of 381 Public Packet 141 of 381 Oneida Business Committee Travel Request Approve the travel request - Treasurer Trish King - Treasury Tribal Advisory Committee Public Meeting -.. 1. OBC Meeting Date Requested: 02 / 26 / 20 e-poll requested 2. General Information: Event Name: Treasury Tribal Advisory Committee - Public Meeting Event Location: Washington DC Attendee(s): Trish King Departure Date: Mar 29, 2020 Attendee(s): Return Date: Apr 1, 2020 Attendee(s): 3. Budget Information: Funds available in individual travel budget(s) Unbudgeted Cost Estimate: $3,000 Grant Funded or Reimbursed 4. Justification: Describe the justification of this Travel Request: TTAC was authorized in 2014 to advise Treasury on all tax matters related to Indian Tribes, and appointees have been chosen by Congress and Treasury. The next TTAC meeting is scheduled for March 31, 2020, in Washington D.C. 5. Submission Sponsor: Trish King, Treasurer 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 Form approved by OBC on 03/25/2015 Page 1 of 1 Public Packet 142 of 381 Treasury Tribal Advisory Committee (TTAC) Agenda Treasury Tribal Advisory Committee (TTAC) Public Meeting March 31, 2020 9:00 a.m. - 1:00 p.m. U.S. Department of the Treasury 1500 Pennsylvania Avenue NW Cash Room Agenda Designated Federal Officer Krishna Vallabhaneni Chairperson Lacey Horn Call to Order Roll Call by Chairperson Horn Tribal Opening Approval of Minutes from December 3, 2019 Meeting TTAC Committee Updates and Action Priority Issues Matrix Updates and Discussion Subcommittee Updates Public Comments Other Items Next Meeting Procedural Items Closing Business Tribal Closing Adjourn 2/19/2020 Public Packet 143 of 381 Approve the travel request - Councilwoman Jennifer Webster - 2020 Tribal Self-Governance Conference - Public Packet 144 of 381 Public Packet 145 of 381 Public Packet 146 of 381 Public Packet 147 of 381 Oneida Business Committee Travel Request Approve the travel request amendment - Up to four (4) BC members - 35th National Indian Gaming... 1. OBC Meeting Date Requested: 02 / 26 / 20 e-poll requested 2. General Information: Event Name: National Indian Gaming Association (NIGA) Tradeshow & Convention 2020 Event Location: San Diego, CA Attendee(s): Ernest L. Stevens III Departure Date: Mar 22, 2020 Attendee(s): Tehassi Hill and Daniel Guzman King Return Date: Mar 26, 2020 Attendee(s): Brandon Stevens 3. Budget Information: Funds available in individual travel budget(s) Unbudgeted Cost Estimate: $1857.50 (various funding sources) Grant Funded or Reimbursed 4. Justification: Describe the justification of th [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%3A330f500bfa1ee3aa. Public record. Not legal advice.