# Oneida Business Committee (2022)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3960be678c4d3d14

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Public Packet

1 of 72

Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, January 12, 2022
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
NOTICE
Effective August 20, 2021, the Norbert Hill Center Administrative Offices are closed to the public;
this include OBC meetings. Any person who has comments or questions regarding open session
items may submit them via e-mail to the OBC at secretary@oneidanation.org no later than the
close of business the day before the OBC meeting. Any comments or questions received shall be
noticed to the OBC and entered into the record as a handout by the BC Support Office. The
meeting will also be conducted using Microsoft Teams, please contact the BC Support Office at
920-869-4364 for instructions on how to join virtually.
The decision to close Norbert Hill Center Administrative Offices to the public is due to both the
rise in COVID-19 cases throughout both Brown and Outagamie Counites, as well as to ensure
compliance with protocols relating to public access to the Oneida Nation High School.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES
A.

V.

Approve the December 22, 2022, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary

RESOLUTIONS
A.

Adopt resolution entitled Setting the Oneida Business Committee Regular Meeting
and Executive Session Discussion Schedule
Sponsor: Lisa Liggins, Secretary

B.

Adopt resolution entitled Extension of Declaration of Public Health State of
Emergency Until March 24, 2022
Sponsor: Tehassi Hill, Chairman

Oneida Business Committee

Regular Meeting Agenda
Page 1 of 3

January 12, 2022

Public Packet

VI.

2 of 72

STANDING ITEMS
A.

VII.

1.

Accept the Oneida Nation Student Relief Fund (SRF) Program report
Sponsor: Mark W. Powless, General Manager

2.

Accept the booster incentive assessment
Sponsor: Mark W. Powless, General Manager

TRAVEL REQUESTS
A.

VIII.

ARPA FRF Updates and Requests/Proposals

Approve the travel request - Councilwoman Jennifer Webster - Administration for
Children and Families Tribal Advisory Committee Triannual Meeting - Washington
DC - February 22-25, 2022
Sponsor: Jennifer Webster, Councilwoman

NEW BUSINESS
A.

Approve a limited waiver of sovereign immunity - Inventory Optimization Solutions
LLC confidentiality agreement - file # 2021-0760
Sponsor: Mark W. Powless, General Manager

Oneida Business Committee

Regular Meeting Agenda
Page 2 of 3

January 12, 2022

Public Packet

IX.

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EXECUTIVE SESSION
A.

B.

X.

REPORTS
1.

Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel

2.

Accept the General Manager report
Sponsor: Mark W. Powless, General Manager

NEW BUSINESS
1.

Approve a limited waiver of sovereign immunity - Wolters Kluwer Health Incmaster subscription (Lippencot Solutions) agreement - file # 2021-0757
Sponsor: Mark W. Powless, General Manager

2.

Determine next steps regarding Comprehensive Health Division (CHD)
compensation study
Sponsor: Todd VanDen Heuvel, Executive HR Director

3.

Complaint # 2022-DR08-01 - Review and determine next steps (10:30 a.m.)
Sponsor: Kristal Hill, Executive Assistant

4.

Complaint # 2022-DR08-02 - Review and determine next steps (11:00 a.m.)
Sponsor: Kristal Hill, Executive Assistant

5.

Enter e-poll results into the record regarding the approval of a new dealer
wage scale and approval of actions to address wage compression
Sponsor: Lisa Liggins, Secretary

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 3 of 3

January 12, 2022

Public Packet

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Approve the December 22, 2022, regular Business Committee meeting minutes

Business Committee Agenda Request
1. Meeting Date Requested:

01/12/22

2. General Information:
Session:

☒ Open

☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe

☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition

☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents

4. Budget Information:

☐ Budgeted
☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe

5. Submission:
Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:
Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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DRAFT
Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, December 22, 2021
Virtual Meeting - Microsoft Teams1
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council
members: Daniel Guzman King, David P. Jordan, Kirby Metoxen,
Not Present: Councilman Kirby Metoxen, Councilwoman Jennifer Webster;
Arrived at: Treasurer Tina Danforth at 8:34 a.m., Councilwoman Marie Summers at 8:33 a.m;
Others present: Jo Anne House, Larry Barton, Ralinda Ninham-Lamberies, Mark W. Powless, Mary
Graves, Danelle Wilson, Carmen Vanlanen, Amy Spears, Kristal Hill, Nicole Rommel, Mike Debraska,
Justin Nishimoto, Jessica Vandekamp, Rae Skenandore, Kristen Hooker, Melanie Burkhart, Rhiannon
Metoxen, Debra Powless, Lori Hill, Melinda J. Danforth, Todd Vandenheuvel, Stacie Cutbank, Troy Parr,
Paul Witek, Chad Wilson, Loucinda Conway, Kaylynn Gresham, Renita Hernandez, Jacque Boyle;

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:31 a.m.
For the record: Councilwoman Jennifer Webster is out sick. Councilman Kirby Metoxen is out on leave.
Vice-Chairman Brandon Stevens is taking a call from Indian Health Services on behalf of
Councilwoman Jennifer Webster at 2:00 p.m.

II.

OPENING (00:01:15)

Opening provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:02:32)

Councilwoman Marie Summers arrived at 8:33 a.m.
Treasurer Tina Danforth arrived at 8:34 a.m.
Motion by Lisa Liggins to adopt agenda with two (2) additions [1) under section Unfinished Business,
add item IX.B Update regarding the dual language sign program; and 2) under section Executive
Session Reports, add item XIII.V.5. November 2021 Treasures Report], noting the SEOTS item has
been identified as a community concern will be address with the Oneida Business Committee Standard
Operating Procedure (SOP) entitled Community Complaints and/or Concerns, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

Oneida Business Committee

Regular Meeting Minutes
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December 22, 2021

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DRAFT
IV.

OATH OF OFFICE

Oath of office administered by Secretary Lisa Liggins. Chris Cornelius was present via Microsoft
Teams.
A.

V.

Oneida Land Claims Commission - Chris Cornelius (00:06:00)
Sponsor: Lisa Liggins, Secretary

MINUTES
A.

Approve the December 8, 2021, regular Business Committee meeting minutes
(00:08:17)
Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the December 8, 2021, regular Business Committee meeting
minutes, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
B.

Approve the December 17, 2021, special Business Committee meeting minutes
(00:09:05)
Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to approve the December 17, 2021, special Business Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster

VI.

RESOLUTIONS
A.

Enter the e-poll results into the record regarding the adoption of resolution BC-1202-21-A Amendment of BC Resolution # 10-13-21-B Adoption of the 2021
Pandemic Relief Food Card Distribution Utilizing American Rescue Plan Act of
2021 FRF (00:08:45)
Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the adoption of
resolution BC-12-02-21-A Amendment of BC Resolution # 10-13-21-B Adoption of the 2021 Pandemic
Relief Food Card Distribution Utilizing American Rescue Plan Act of 2021 FRF, seconded by Lisa
Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes
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December 22, 2021

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DRAFT
VII.

STANDING COMMITTEES
A.

COMMUNITY DEVELOPMENT PLANNING COMMITTEE
1.

Accept the October 7, 2021, regular Community Development Planning
Committee meeting minutes (00:10:38)
Sponsor: Brandon Stevens, Vice-Chairman

Motion by Marie Summers to accept the October 7, 2021, regular Community Development Planning
Committee meeting minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
2.

Accept the November 4, 2021, regular Community Development Planning
Committee meeting minutes (00:11:19)
Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to accept the November 4, 2021, regular Community Development
Planning Committee meeting minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
B.

FINANCE COMMITTEE
1.

Accept the November 29, 2021, regular Finance Committee meeting minutes
(00:11:54)
Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the November 29, 2021, regular Finance Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
2.

Accept the December 13, 2021, regular Finance Committee meeting minutes
(00:12:33)
Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the December 13, 2021, regular Finance Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster

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December 22, 2021

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DRAFT
C.

LEGISLATIVE OPERATING COMMITTEE
1.

Accept the December 1, 2021, regular Legislative Operating Committee meeting
minutes (00:13:12)
Sponsor: David P. Jordan, Councilman

Motion by Marie Summers to accept the December 1, 2021, regular Legislative Operating Committee
meeting minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
D.

QUALITY OF LIFE COMMITTEE
1.

Accept the October 21, 2021, regular Quality of Life Committee meeting minutes
(00:13:48)
Sponsor: Marie Summers, Councilwoman

Motion by Lisa Liggins to accept the October 21, 2021, regular Quality of Life Committee meeting
minutes, seconded by Brandon Stevens. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster

VIII.

STANDING ITEMS
A.

ARPA FRF Updates and Requests/Proposals
1.

Consider request for an ARPA booster vaccine incentive program (00:14:31)
Sponsor: Michael Debraska, Tribal member, and Nancy Barton, Tribal member

Motion by Lisa Liggins to accept the request for an ARPA booster vaccine incentive program, to
forward the request to the General Manager for further assessment, and to direct the General Manager
to bring back a report to the January 12, 2022, regular Business Committee meeting, seconded by
Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers
Opposed:
Daniel Guzman King
Not Present:
Kirby Metoxen, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes
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December 22, 2021

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DRAFT
IX.

UNFINISHED BUSINESS
A.

Accept the FY-2021 report regarding the Economic Development, Diversification,
and Community Development funds transferred to Oneida Land Commission
(00:33:46)
Sponsor: Mark W. Powless, General Manager

Treasurer Tina Danforth left at 9:25 a.m.
Motion by Marie Summers to accept the revised FY-2021 report regarding the Economic Development,
Diversification, and Community Development funds transferred to Oneida Land Commission and direct
the General Manager to provide a monthly update at the second regular Business Committee meeting
on the status of the demolitions until they are complete, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Treasurer Tina Danforth returned at 9:30 a.m.
B.

Accept the update regarding the Dual Language Signs program (00:58:57)
Sponsor: Marie Summers, Councilwoman

Treasurer Tina Danforth left at 9:31 a.m.
Motion by Marie Summers to accept the update regarding the Dual Language Signs program as
information, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster

X.

TRAVEL REPORTS
A.

Approve the travel report - Chairman Tehassi Hill and Vice-Chairman Brandon
Stevens - White House Staff meetings and the Celebration of 2021 NBA Champion
Milwaukee Bucks - Washington DC - November 7-9, 2021 (01:03:25)
Sponsor: Tehassi Hill, Chairman

Motion by Lisa Liggins to approve the travel report from Chairman Tehassi Hill and Vice-Chairman
Brandon Stevens for the White House Staff meetings and the Celebration of 2021 NBA Champion
Milwaukee Bucks in Washington DC - November 7-9, 2021, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Vice-Chairman Brandon Stevens left at 9:34 a.m.

Oneida Business Committee

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DRAFT
XI.

NEW BUSINESS
A.

Approve two (2) actions regarding Oneida Casino Gaming Facilities Licensing
2021-2024 (01:04:35)
Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the recommendations from Zoning Administrator, to approve the
2021-2024 Gaming Facility Licensing, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
Treasurer Tina Danforth returned at 9:37 a.m.
Motion by Lisa Liggins to accept the recommendation from the Zoning Administrator to notice the
Oneida Gaming Commission the letter of compliance for the facilities portion of the Oneida Nation
Gaming Compact, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Abstained:
Tina Danforth
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
B.

CDC # 20-101 Museum Relocation - Activate $300,000 from the FY-2022 CIP budget
(01:06:55)
Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to activate $300,000 from the FY-2022 CIP budget for Museum Relocation CDC # 20-101, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
C.

CIP # 07-002 SSB Remodeling Phase V - Activate $3,386,000 from the FY-2022 CIP
budget (01:22:00)
Sponsor: Mark W. Powless, General Manager

Vice-Chairman Brandon Stevens returned at 9:54 a.m.
Motion by Lisa Liggins to activate $3,386,000 from the FY-2022 CIP budget for SSB Remodeling
Phase V Stage 3 - CIP # 07-002, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster
D.

CIP # 15-003 NHC Remodeling Phase VIII - Activate $300,000 from the FY-2022 CIP
budget (01:25:40)
Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to activate $300,000 from the FY-2022 CIP budget for NHC Remodeling Phase
VIII stage 4a - CIP # 15-003, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens, Marie Summers
Not Present:
Kirby Metoxen, Jennifer Webster

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December 22, 2021

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DRAFT
E.

Consider request for increase to the additional assistance provided under the
Oneida Higher Education Scholarship and the Oneida Nation Student Relief Fund
(01:30:35)
Sponsor: Mary Graves, Tribal member

Treasurer Tina Danforth left 10:29 a.m.
Motion by Lisa Liggins to accept discussion as information and to direct the General Manager to report
on these issues and the opening of the program on January 1, 2022, to the January 12, 2022, regular
Business Committee meeting, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Secretary Lisa Liggins left at 10:47 a.m.
F.

Consider request for use of FY-2021 positive variance for additional Food Pantry
purchase (02:20:40)
Sponsor: Nancy Barton, Tribal member

Councilwoman Marie Summers left at 10:57 a.m.
Secretary Lisa Liggins returned at 10:58 p.m.
Councilwoman Marie Summers returned at 11:00 a.m.
Motion by Daniel Guzman King to accept discussion as information, seconded by Marie Summers.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Motion by David P. Jordan to direct the General Manager regarding the Oneida Pantry and if there are
additional needs that are unmet and bring back a report to the January 26, 2022 regular Business
Committee meeting, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Motion by Lisa Liggins to assign the Chairman's office to work with the General Manager and
Intergovernmental Affairs Director for the appreciation letter to the entities in relation to the food
distributions that have occurred over the last year and a half, seconded by Daniel Guzman King.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster

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G.

Post two (2) vacancies - Oneida Nation Arts Board (02:48:20)
Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to post two (2) vacancies for the Oneida Nation Arts Board, seconded by
Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
H.

Approve the revised Oneida Business Committee Standard Operating Procedure
(SOP) entitled Community Complaints and/or Concerns (02:48:56)
Sponsor: Lisa Liggins, Secretary

Councilman David P. Jordan left at 11:23 a.m.
Councilman David P. Jordan returned at 11:25 a.m.
Motion by Lisa Liggins to approve the revised Oneida Business Committee Standard Operating
Procedure (SOP) entitled Community Complaints and/or Concerns, seconded by Brandon Stevens.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster

XII.

GENERAL TRIBAL COUNCIL
A.

Approve (3) actions regarding the next step(s) for 2022 annual reports (03:00:38)
Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to adopt resolution 12-22-21-A Quarterly, Annual and Semi-Annual Reporting
for Calendar Year 2022 noting a correction on line 57 change calendar years to calendar year, to
approve the 2022 Annual Reports, and to approve mailing the 2022 Annual Reports to all tribal
members 18 and over, head of household, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Vice-Chairman Brandon Stevens left at 11:32 a.m.
Vice-Chairman Brandon Stevens returned at 11:34 a.m.
B.

Determine next steps regarding directives provided in resolution # BC-10-27-21-C
Amending Fiscal Year 2022 budget approval timelines provided in BC resolution #
09-22-21-E Continue to Operate Fiscal Year 2022 (03:05:52)
Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to adopt resolution 12-22-21-B Adoption of Fiscal Year 2022 Budget that
includes the language from Finance, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster

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DRAFT
Vice-Chairman Brandon Stevens left at 11:39 a.m.
Vice-Chairman Brandon Stevens returned at 11:41 a.m.
Vice-Chairman Brandon Stevens left at 11:44 a.m.
Vice-Chairman Brandon Stevens returned at 11:45 a.m.
Motion by Marie Summers to recess for lunch at 11:48 a.m., seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Jennifer Webster
Meeting called to order by Tehassi Hill at 1:31 p.m.
Roll call for the record:
Present: Treasurer Tina Danforth; Councilman Daniel Guzman King; Chairman Tehassi Hill;
Councilman David P. Jordan; Secretary Lisa Liggins; Councilwoman Marie Summers;
Not Present: Vice-Chairman Brandon Stevens; Councilman Kirby Metoxen;
Councilwoman Jennifer Webster;

XIII.

EXECUTIVE SESSION (03:15:55)

Motion by Lisa Liggins to go into executive session at 1:31 p.m., seconded by David P. Jordan. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Motion by Marie Summers to come out of executive session at 3:49 p.m., seconded by Daniel Guzman
King. Motion Carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Abstained:
Tina Danforth2
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
A.

REPORTS
1.

Accept the Chief Financial Officer December 2021 report (03:19:45)
Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to accept the Chief Financial Officer December 2021 report, seconded by
Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster

2 Per the section 6.6 of the Standard Operating Procedure entitled OBC Virtual Meetings, "The Chairperson shall poll
each individual member of the OBC to vocalize his or her support, opposition, or abstention to the motion." The
member(s) listed here were present, but not polled by the Chairman.

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DRAFT
Motion by Marie Summers to set an employment cap of 2200 employees based on all employees
identified in the weekly Human Resource Department Full-Time Equivalent (FTE) Employment Count,
“Total Number of Employees”, seconded by David P. Jordan. Motion carried:
Ayes:
David P. Jordan, Lisa Liggins, Marie Summers
Abstained:
Tina Danforth, Daniel Guzman King
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Motion by Marie Summers to forward the discussion about adjusting the employment cap to the
January 3, 2022, BC Officer meeting in order to discuss the next steps with all BC Direct Reports,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
2.

Accept the Chief Counsel report (03:22:15)
Sponsor: Jo Anne House, Chief Counsel

Motion by Marie Summers to accept the Chief Counsel report, seconded by David P. Jordan. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
3.

Accept the Intergovernmental Affairs, Communications, and Self-Governance
November 2021 report (03:22:45)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to accept the Intergovernmental Affairs, Communications, and Self-Governance
November 2021 report, to accept the December 20, 2021 BC Work Session notes, and to direct the
Chairman, Vice-Chairman, Treasurer, Intergovernmental Affairs Director, and the Law Office to work
with Attorney Locklear and Mr. Dacey to informally execute Step 1 of the process outlined in the
attached memorandum dated December 20, 2021, seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
4.

Accept the General Manager report (03:23:50)
Sponsor: Mark W. Powless, General Manager

Motion by Marie Summers to accept the General Manager report, seconded by David P. Jordan.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
5.

Accept the November 2021 Treasurer's report (03:24:20)
Sponsor: Tina Danforth, Treasurer

Motion by David P. Jordan to accept the November 2021 Treasurer's report, seconded by Marie
Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes
Page 10 of 11

December 22, 2021

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15 of 72

DRAFT
B.

AUDIT COMMITTEE
1.

Discuss notice regarding the FY-2021 audit information and determine next
steps (03:24:43)
Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the addition of a notice regarding the Oneida Nations Annual
Audit to the Business Committee's 2022 annual report, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
C.

NEW BUSINESS
1.

Approve the Transamerica Retirement Services - Governmental 401k Plan
second amendment - file # 2011-0160 (03:25:27)
Sponsor: Larry Barton, Chief Financial Officer

Motion by Lisa Liggins to adopt the resolution 12-22-21-C Approval of Special Vesting and New Benefit
Features in the Nation’s 401(k) Plans and to direct the CFO to verify that all legal reviews have been
completed, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster

XIV.

ADJOURN (03:25:27)

Motion by Marie Summers to adjourn at 3:56 p.m., seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Minutes prepared by Chad Wilson, Senior Information Management Specialist.
Minutes approved as presented on
.

Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes
Page 11 of 11

December 22, 2021

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Adopt resolution entitled Setting the Oneida Business Committee Regular Meeting and Executive Session

Business Committee Agenda Request
1. Meeting Date Requested:

01/12/22

2. General Information:
Session:

☒ Open

☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe

☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition

☐ Presentation
☐ Report
☒ Resolution
☐ Rule (adoption packet)
☒ Statement of Effect
☐ Travel Documents

4. Budget Information:

☐ Budgeted
☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe

5. Submission:
Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:
Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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Oneida Nation
Post Office Box 365
Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # __________
Setting the Oneida Business Committee Regular Meeting and Executive Session Discussion
Schedule
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,

Article III, Section 3 of the Tribal Constitution provides that “Regular meetings of the
Business Committee may be established by resolution of the Business Committee”; and

WHEREAS,

the Oneida Business Committee (OBC) has established and modified their regular meeting
schedule by resolutions # BC-07-7-87-A, # BC-03-25-88-B, # BC-04-26-91-A, # BC-02-1104-A, # BC-12-10-08-A, # BC-06-23-10-E, # BC-11-23-16-C, # BC-12-27-16-A, # BC-0927-17-D, # BC-01-22-20-D, and # BC-09-23-20-C; and

WHEREAS,

the OBC has determined that there are no changes needed to the schedule for regular
meetings of the OBC; and

WHEREAS,

the OBC has established a quarterly reporting expectation in the Executive Session section
of the regular meeting agenda for the Gaming General Manager, the Retail General
Manager, and the Executive HR Director; and

WHEREAS,

the OBC has determined that holding periodic, separate discussions on items submitted to
the Executive Session section of the regular meeting agenda is the best use of resources
available and would better serve the membership of the Oneida Nation and the OBC.

Regular Meetings
NOW THEREFORE BE IT RESOLVED, regular meetings of the OBC shall continue to be held the second
and fourth Wednesday each month, at 8:30 a.m.
OBC Direct Report Quarterly Reports – Executive Session Discussion
BE IT FURTHER RESOLVED, for the first regular meeting of February, May, August, and November, the
discussion on the Executive Session section of the regular meeting agenda shall be held on Tuesday at
8:30 a.m. starting on February 8, 2022.
Executive Session Discussion
BE IT FURTHER RESOLVED, for the second regular meeting of each month, the discussion on the
Executive Session section of the regular meeting agenda shall be held on Tuesday at 8:30 a.m. starting on
January 25, 2022.

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BC Resolution # __________
Setting the Oneida Business Committee Regular Meeting and Executive Session Discussion
Schedule
Page 2 of 2

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Superseding Prior Schedules
BE IT FINALLY RESOLVED, this resolution shall supersede all prior motions, practices, or resolutions
regarding the subject of regular meetings of the Oneida Business Committee.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

Statement of Effect
Setting the Oneida Business Committee Regular Meeting and Executive Session Discussion
Schedule
Summary
Through this resolution, the Oneida Business Committee (“OBC”) declares that regular meetings
of the OBC shall continue to be held on the second and fourth Wednesday of each month, at 8:30
a.m. In addition, it modifies the discussion schedule for quarterly reports and other items submitted
to the Executive Session section of the OBC’s regular meeting agenda in a manner that better
serves the OBC, as well as the membership of the Oneida Nation, and best uses available resources.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: January 4, 2022
Analysis by the Legislative Reference Office
Article III, Section 3 of the Constitution of the Oneida Nation (“Constitution”) provides that
regular meetings of the Oneida Business Committee may be established by resolution of the OBC.
The Oneida Business Committee Meetings law (“Law”), which was established to identify how
the OBC is to carry out the responsibilities delegated to it by the Constitution, states, with respect
to its meeting schedule, “the Oneida Nation Secretary shall present, on or around October of each
year, a proposed schedule for regular meetings of the Oneida Business Committee for approval by
the Oneida Business Committee.” [1 O.C. 117.6-1]. And, for reports to the OBC, the Law further
states “the Oneida Nation Secretary shall present, on or around October of each year, a proposed
schedule for presentation of reports by entities at regular meetings of the Oneida Business
Committee for approval by the Oneida Business Committee.” [1 O.C. 117.6-2].
Along with its schedule, the Law governs, in part, organization of the OBC’s meeting agenda. [1
O.C. 117.7-1]. Relevant here, section 117.7-1 of the Law requires that the OBC agenda contain a
section entitled, Reports, and a section entitled, Executive Session. The Reports section is to be
used to present quarterly reports as directed by the OBC, [1 O.C. 117.7-1(p)], while the Executive
Session section is to be used to discuss matters that require confidentiality under the Open Records
and Open Meetings law [1 O.C. 117.7-1(q)]. The Law allows for the Executive Session section of
the agenda to be organized to meet the needs of the OBC. [Id.]
Over the years, the OBC has been presented with and adopted the following regular meeting
schedules:
• BC-07-07-87-A – regular meetings every Tuesday at 1:30 p.m. and every Friday at 9:00
a.m.;
• BC-03-25-88-B – regular meetings every Friday at 9:00 a.m., and informational meetings
the first Monday of each month at 7:00 p.m.;
• BC-04-26-91-A – regular meetings every Wednesday at 9:00 a.m.;
Page 1 of 2

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BC-02-11-04-A – regular meetings every other Wednesday at 9:00 a.m.;
BC-12-10-08-A – regular meetings every second and fourth Wednesday at 9:00 a.m.;
BC-06-23-10-E – executive discussion meetings added every second and fourth Tuesday
at 9:00 a.m.;
BC-11-23-16-C – regular meetings every second and fourth Wednesday at 8:30 a.m., and
executive discussion meetings every second and fourth Tuesday at 8:30 a.m.;
BC-12-27-16-A – regular meetings every second and fourth Wednesday at 8:30 a.m., and
quarterly report meetings the fourth Thursday in January, April, July and October at 8:00
a.m.;
BC-09-27-17-D – quarterly report meetings the fourth Thursday of February, May, August
and November at 8:00 a.m.;
BC-01-22-20-D – quarterly report meetings eliminated, executive discussion meetings
every second and fourth Tuesday at 8:30 a.m., and regular meetings every second and
fourth Wednesday at 8:30 a.m.; and
BC-09-23-20-C – executive discussion meetings eliminated, and regular meetings every
second and fourth Wednesday at 8:30 a.m.

The OBC has established a quarterly reporting expectation in the Executive Session section of its
regular meeting agenda for the Gaming and Retail General Managers, as well as the Executive
Human Resources Director, and has now determined that holding periodic, separate discussions
on items submitted to that section is the best way to use available resources. In addition, the OBC
believes that it would better serve the membership of the Nation and the OBC.
Through this resolution, the OBC declares as follows with respect to its regular meeting and
executive session discussion schedules:
• That, regular meetings of the OBC shall continue to be held on the second and fourth
Wednesday of each month, at 8:30 a.m.;
• That, for the first regular meeting of February, May, August and November, the discussion
on the Executive Session section of the regular meeting agenda shall be held on Tuesday
at 8:30 a.m., starting on February 8, 2022; and
• That, for the second regular meeting of each month, the discussion on the Executive
Session section of the regular meeting agenda shall be held on Tuesday at 8:30 a.m.,
starting on January 25, 2022.
This resolution further declares that it supersedes all prior motions, practices or resolutions
regarding the subject of regular meetings of the Oneida Business Committee.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

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Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until March 24, 20

Business Committee Agenda Request

1. Meeting Date Requested:

01/12/22

2. Session:

☒ Open ☐ Executive – must qualify under §107.4-1.
Justification: Other - type reason

3. Requested Motion:

☐ Accept as information; OR
Action: Business Committee to consider extending the Public Health State of Emergency
by adopting the attached resolution. If the resolution for extending the Public Health State
of Emergency is adopted, the Business Committee may review the adopted resolution on
February 11, 2022.
4. Areas potentially impacted or affected by this request:

☐ Finance
☐ Law Office
☐ Gaming/Retail
☐ Other: Describe

☐ Programs/Services
☐ MIS
☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

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22 of 72

6. Supporting Documents:

☐ Bylaws
☐ Fiscal Impact Statement
☐ Contract Document(s) ☐ Law
☐ Correspondence
☐ Legal Review
☐ Draft GTC Notice
☐ Minutes
☐ Draft GTC Packet
☐ MOU/MOA
☐ E-poll results/back-up ☐ Petition
☒ Other: Public Health Recommendation

☐ Presentation
☐ Report
☒ Resolution
☐ Rule (adoption packet)
☒ Statement of Effect
☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe

☐ Budgeted – Grant Funded
☒ Not Applicable

8. Submission:
Authorized Sponsor:

Tehassi Hill, Chairman

Primary Requestor:

Jameson Wilson, Project Coordinator

Revised: 11/15/2021

Page 2 of 2

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Oneida Nation
Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # ___________
Extension of Declaration of Public Health State of Emergency Until March 24, 2022
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 federal government has proclaimed a public health emergency related to the spread of
the COVID-19 virus and has identified that the spread of the virus has resulted in large
numbers of individuals becoming ill and high mortality rates, impacts to the stock markets,
and businesses; and

WHEREAS,

state governors, including the State of Wisconsin, have declared public health emergencies
and state public health officers have issued orders, for example, closing public schools,
limiting public gatherings, and closing restaurants and bars except for take-out orders; and

WHEREAS,

on March 12, 2020 the Chairman declared a Public Health State of Emergency, the Oneida
Business Committee took actions to take steps to protect the health and welfare of the
members, employees and the community, including instituting expenditure restrictions to
preserve resources for the provision of governmental services to members most at risk,
closure of the Nation’s gaming operations, and insuring that employees will continue to be
paid during the Public Health State of Emergency as long as the Nation’s resources will
allow; and

WHEREAS,

the Public Health State of Emergency was extended by resolutions # BC-03-26-20-A, #
BC-05-06-20-A, # BC-06-10-20-A, # BC-07-08-20-A, # BC-08-06-20-A, # BC-09-09-20-A,
# BC-10-08-20-A, # BC-11-10-20-A, # BC-12-09-20-D, # BC-01-07-21-A, # BC-02-10-21A, # BC-03-10-21-D, # BC-05-12-21-A, # BC-06-23-21-B, # BC-07-28-21-N, # BC-09-2221-A; and # BC-11-24-21-F; and

WHEREAS,

the status of the COVID-19 pandemic continues to change daily with identification of
hotspots occurring within certain industries and areas which are more clearly identified in
the Public Health Officer Report which supports this resolution; and

WHEREAS,

a positive test does not identify the total number of individuals who have the virus, including
those who are not showing symptoms or who have isolated themselves at home because
not every person is tested; and

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BC Resolution _______
Extension of Declaration of Public Health State of Emergency Until March 24, 2022
Page 2 of 2

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WHEREAS,

the COVID-19 Core Decision Making Team issued several declarations intended to protect
the public health within the Oneida Reservation and updated those declarations from time
to time as the U.S. Center of Disease Control, the Medical community and the Scientific
community were able to update and identify the impacts and transmission of the COVID19 virus; and

WHEREAS,

the Emergency Management Director and the Public Health Officer have advised extension
of the Public Health State of Emergency declaration supported by information from the
Centers for Disease Control and the level of spread of COVID-19 throughout the State of
Wisconsin, surrounding states, and the United States; and

WHEREAS,

the Oneida Business Committee adopted resolution # BC-08-03-21-A, Setting Public
Gathering Guidelines During Public Health State of Emergency - COVID-19, which
provides that when vaccination levels of Oneida’s members and Oneida Nation employees
reaches 75%, the safety of public health will be considered to be effectively managed, and
the Oneida Business Committee shall review whether a need for a declaration of a state of
public health emergency continues to exist; and

WHEREAS,

as of January 4, 2022, the vaccination levels of Oneida’s members have reached 50% and
the vaccination levels of Oneida Nation employees have reached 71% based on the
information from those who have applied and have had their vaccination status verified for
the Oneida Nation Vaccination Incentive Program for Oneida Nation Members and for the
Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not Oneida
Nation Members; and

WHEREAS,

the Oneida Business Committee has determined that continuing the Public Health State of
Emergency continues to be necessary and that its declaration should be longer given the
ongoing pandemic impact and the inability to identify mechanisms to control for infection
or protect the public;

Extension of Public Health State of Emergency Declaration
NOW THEREFORE BE IT RESOLVED, that in accordance with section 302.8-2 of the Emergency
Management Law, the Oneida Business Committee extends the Public Health State of Emergency
declaration ending at 11:59 p.m. on March 24, 2022.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

Statement of Effect
Extension of Declaration of Public Health State of Emergency Until March 24, 2022
Summary
This resolution extends the Nation’s Declaration of the Public Health State of Emergency until
March 24, 2022.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: January 4, 2022
Analysis by the Legislative Reference Office
The Oneida Business Committee (“OBC”) adopted the Emergency Management law to provide
for the development and execution of plans that protect residents, property and the environment in
an emergency or disaster; provide for the direction of emergency management, response and
recovery on the Reservation, as well as coordination with other agencies, victims, businesses and
organizations; establish the use of the National Incident Management System; and designate
authority and responsibilities for public health preparedness. [3 O.C. 302.1-1].
Under the Emergency Management law, the OBC is delegated responsibility to proclaim or ratify
the existence of a public health emergency. [3 O.C. 302.8-1]. A public health emergency means
the occurrence or imminent threat of an illness or health condition which is a quarantinable disease
and poses a high probability of a large number of deaths or serious or long-term disability among
humans. [3 O.C. 302.3-1(p)]. No proclamation of an emergency by the OBC may last for longer
than sixty (60) days, unless renewed by the OBC. [3 O.C. 302.8-2].
As a result of the COVID-19 virus, in accordance with the authority granted to the OBC under the
Emergency Management law, on March 12, 2020, Chairman Tehassi Hill signed a “Declaration
of Public Health State of Emergency” which set into place the necessary authority, should action
need to be taken, and allows the Oneida Nation to seek reimbursement of emergency management
actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The OBC has since extended
the Public Health State of Emergency until January 23, 2022, through adoption of the following
resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A,
BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-1021-A, BC-03-10-21-D, and BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A
and BC-11-24-21-F. [3 O.C. 302.8-2].
The Emergency Management Director and Community/Public Health Officer have advised an
extension of the Public Health State of Emergency declaration, supported by information from the
Centers for Disease Control, as well as the level of spread of COVID-19 throughout the State of
Wisconsin, surrounding states, and the United States of America. This resolution provides that the
OBC has determined that continuing the Public Health State of Emergency remains necessary.

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Additionally, the OBC adopted resolution BC-08-03-21-A, Setting Public Gathering Guidelines
During Public Health State of Emergency - COVID-19, which provides that when vaccination
levels of Oneida’s members and Oneida Nation employees reach seventy-five percent (75%), the
safety of public health will be considered to be effectively managed, and the OBC shall review
whether a need for a declaration of a state of public health emergency continues to exist. This
resolution identifies the Nation’s current vaccination levels for both members and employees of
the Nation.
Through the adoption of this resolution, in accordance with section 302.8-2 of the Emergency
Management law, the Oneida Business Committee extends the Public Health State of Emergency
declaration until 11:59 p.m. on March 24, 2022.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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Oneida Comprehensive Health Division

Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing

To:

Oneida Business Committee

From:

Debra Danforth, Oneida Comprehensive Health Division Operations Director
Michelle Myers, Community/ Public Health Officer

Date:

January 4, 2022

RE:

Recommendations to extend public health emergency

Throughout the pandemic, we have chosen to follow the science in our mitigation strategies
aimed to slow the spread of COVID-19 in the Oneida Community. Because infectious
disease does not follow jurisdictional boundaries, it is critical to consider data from areas
surrounding the Reservation. Resources considered in providing recommendations:
• COVID-19 cases; Oneida Nation Reservation, WI, Brown and Outagamie Counties.
• COVID-19 testing percent positivity; Brown and Outagamie Counties.
• COVID-19 Hospitalization and deaths; WI, Brown and Outagamie Counties.
• COVID-19 vaccination; WI, Brown and Outagamie Counties.
The COVID-19 Omicron variant accounts for more than half of circulating COVID-19 illness
in the United States. As Omicron is thought to be significantly more transmissible, it is only
a matter of time before the Omicron variant takes hold as the dominant strain here in WI.
The vast majority of hospitalization and deaths connected to COVID-19 illness are among
the unvaccinated. Current COVID-19 vaccination data among the American Indian
population in WI and our local communities fall below that of other races. Emergency
Authorization of the Pfizer COVID-19 vaccine for children 5-11 years of age was
implemented in WI on 11/05/2021. More time is needed to vaccinate enough individuals to
build collective/ community immunity needed to stop the spread of COVID-19.
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) updated guidance
to recommend masking regardless of vaccination status in certain settings such as schools
and in areas with high transition of COVID-19 infections. Due to the continued “very
high”(Outagamie) and “critically high” (Brown) levels of COVID-19 community transmission,
the Public Health Order to require facial coverings indoors and in enclosed spaces
regardless of vaccination status will likely be extended.
In collaboration with Oneida Emergency Management, the health response team
recommends the Oneida Business Committee extend the public health emergency
another 60 days.

Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing

Mailing Address: P.O. Box 365, Oneida, WI 54155
https://oneida-nsn.gov/resources/health/
525 Airport Rd., Oneida, WI 54155
Phone: (920) 869-2711 or 1-866-869-2711
2640 West Point Rd., Green Bay, WI 54304
Phone: (920) 490-3790 or 1-888-490-2457
2901 S. Overland Rd., Oneida, WI 54155
Phone: (920) 869-2797
701 Packerland Dr., Green Bay, WI 54303
Phone: (920) 405-4492

Fax: (920) 869-1780
Fax: (920) 490-3883
Fax: (920) 869-3238
Fax: (920) 405-4494

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Recommendations will continue to change based upon available data and updates on the
COVID-19 pandemic. Thank you for your continued collaboration and partnership as we
work together to stop the spread of COVID-19 in the Oneida community.
Sincerely,
Michelle Myers BSN, RN
Community/ Public Health Officer

CC:

Kaylynn Gresham, Emergency Management
Dr Vir, Oneida Comprehensive Health Division Medical Director
Mark Powless, General Manager

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Oneida Comprehensive Health Division

Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing

January 4, 2022
Updated COVID19 data to consider during
discussions:
Extension of the Oneida Nation Public Health
Emergency declaration.
Submitted by:
Debra Danforth, Michelle Myers
Please note:
•

Oneida Nation COVID-19 vaccine incentive
data does not yet include data for children 511 years of age.

Oneida Community Health Center
Behavioral Health Services
Anna John Resident Centered Care Community
Employee Health Nursing

Mailing Address: P.O. Box 365, Oneida, WI 54155
https://oneida-nsn.gov/resources/health/
525 Airport Rd., Oneida, WI 54155
Phone: (920) 869-2711 or 1-866-869-2711
2640 West Point Rd., Green Bay, WI 54304
Phone: (920) 490-3790 or 1-888-490-2457
2901 S. Overland Rd., Oneida, WI 54155
Phone: (920) 869-2797
701 Packerland Dr., Green Bay, WI 54303
Phone: (920) 405-4492

Fax: (920) 869-1780
Fax: (920) 490-3883
Fax: (920) 869-3238
Fax: (920) 405-4494

Public Packet

Relevant COVID-19 Data:

WI Department of Health Services- Public Health
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data
U.S. Centers for Disease Control and Prevention
https://covid.cdc.gov/covid-data-tracker/#cases_casesinlast7days
U.S. Census Bureau American Community Survey Population Estimates
https://data.census.gov/cedsci/advanced
Oneida Nation Health Department
https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats

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Public Packet

ONEIDA NATION JURISDICION DATA:

Oneida Nation Health Department retrieved 01/03/2022
https://oneida-nsn.gov/connect/news/oneida-nation-covid-19-resource-page/#Stats

Oneida Nation Health Department retrieved 01/03/2022

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WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

Oneida Nation Health Department retrieved 01/03/2022

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WI Department of Health Services- Public Health retrieved 01/03/2022
https://data.dhsgis.wi.gov/datasets/covid-19-historical-data-table/data

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WISCONSIN: COVID-19 HOSPITALIZATIONS AND HOSPITAL CAPACITY

WI Department of Health Services- Public Health retrieved 01/03/2022
https://www.dhs.wisconsin.gov/covid-19/hosp-data.htm

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WISCONSIN: COVID-19 DISEASE ACTIVITY

WI Department of Health Services- Public Health retrieved 01/03/2022
https://www.dhs.wisconsin.gov/covid-19/local.htm

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WISCONSIN- FULLY VACCINATED AGAINST COVID-19

WI Department of Health Services- Public Health retrieved 01/03/2022
https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm

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BROWN COUNTY- FULLY VACCINATED AGAINST COVID-19

WI Department of Health Services- Public Health retrieved 01/03/2022
https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm

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OUTAGAMIE COUNTY- FULLY VACCINATED AGAINST COVID-19

WI Department of Health Services- Public Health retrieved 01/03/2022
https://www.dhs.wisconsin.gov/covid-19/vaccine-data.htm

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ONEIDA NATION WORKFORCE COVID-19 VACCINATION DATA:

Oneida Nation COVID-19 Vaccination Incentive data retrieved 01/04/2022

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ONEIDA NATION ENROLLED TRIBAL MEMBERSHIP COVID-19 VACCINATION DATA:

Oneida Nation COVID-19 Vaccination Incentive data retrieved 01/04/2022

Oneida Nation COVID-19 Vaccination Incentive data retrieved 01/04/2022

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Accept the Oneida Nation Student Relief Fund (SRF) Program report

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Digitally signed by Mark W.

Mark W. Powless Powless
Date: 2022.01.06 19:11:19 -06'00'

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Accept the booster incentive assessment

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Digitally signed by Mark W.

Mark W. Powless Powless
Date: 2022.01.07 11:51:49 -06'00'

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Approve the travel request – Councilwoman Jennifer Webster – Administration for Children and Families..

Business Committee Agenda Request
1. Meeting Date Requested:

1/12/22

2. General Information:
Session:

☒ Open

☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe

☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition

☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☒ Travel Documents

4. Budget Information:

☐ Budgeted
☐ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted
☒ Other: Funded by ACF

5. Submission:
Authorized Sponsor:

Jennifer Webster, Councilwoman

Primary Requestor:
Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

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Oneida Business Committee Travel Request

1. OBC Meeting Date Requested:

:)11 / 12

/ 22

D e-poll requested

2. General Information:
Administration for Children and Families Tribal Advisory Committee Triannual Meeting
Event Name: -------------------------------- -Event Location:

Washington, DC

Attendee(s): �ennifer Webster

February
22, 2022
Departure Date: '�-------�
Return Date:

February 25, 2022

Attendee(s):
Attendee(s):

I
I

Bl
Bl
Bl

3. Budget Information:

D Funds available in individual travel budget(s)
D Unbudgeted

Cost Estimate:

$2,000 to be paid by ACF (estimate)

18] Grant Funded or Reimbursed

4. Justification:
Describe the justification of this Travel Request:
Administration for Children and Families Tribal Advisory Committee (ACF TAC) triannual meeting is slated to take
place in-person, in Washington, DC in February 23-24, 2022. ACF covers in-person meeting participation costs
for primary delegates. Covered costs include air travel, ground transportation to/from the airport, ground
transportation to/from ACF headquarters to your hotel, hotel lodging, and meals.

EJ_I
______________ __________
_
_ _ _ b
_ _e_bs_ -te_r, _ C_o_u_n_cil_ m
_ _ n_i-fer_ W
Sponsor: J,-I en
em _ e_r

5. Submission

I

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

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Approve a limited waiver of sovereign immunity - Inventory Optimization Solutions LLC confidentiality...

Business Committee Agenda Request

1. Meeting Date Requested:

01/12/22

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR
Approve a limited waiver of sovereign immunity – Inventory Optimization Solutions LLC ConfidentialityAgreement – file # 2021-0760

4. Areas potentially impacted or affected by this request:

☐ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: OCHC

☐ Programs/Services
☒ MIS
☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:
Debbie Danforth, Division Director/Operations OCHC
Debra Danforth, RN/OCHC
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List

Revised: 11/15/2021

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6. Supporting Documents:

☐ Bylaws
☒ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe

☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition

☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe

☐ Budgeted – Grant Funded
☐ Not Applicable

8. Submission:
Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Lynn Schmidt, Business Systems Analyst/MIS

Revised: 11/15/2021

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DocuSign Envelope ID: D83EEF62-CBBC-4AB3-A896-0C40A3E930FE

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/

1/4/2022

DocuSign Envelope ID: D83EEF62-CBBC-4AB3-A896-0C40A3E930FE

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21(,'$/$:2)),&(
CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT
72

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Use this number on future correspondence:

)520 -R$QQH+RXVH&KLHI&RXQVHO
Digitally signed by Jo Anne
House
Date: 2021.11.02 09:39:12 -05'00'

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(see attached explanation)

If you have any questions or comments regarding this review, please call 869-4327.

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CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (“Agreement”) is entered into on the ___ 1st day of ___________,
November, 2021 (the “Effective Date”) by and between Inventory Optimization Solutions, LLC (“IOS”) and
______________________________________________________________________, Oneida Nation,
located
at
909
Packerland
Dr.,
Green
Bay,
WI
54303
___________________________________________________ (the “Company”).
WHEREAS, each party, for the purpose of evaluating a project, purpose or relationship or to
determine the feasibility of entering into a business transaction (the “Purpose”), desires to disclose to the
other party certain proprietary and confidential information.
NOW THEREFORE, the parties agree as follows:
The Receiving Party (defined below) will, for a period of three (3) years from the date of receipt of
any Confidential Information (the “Confidentiality Period”), (a) maintain and not disclose Confidential
Information received hereunder, (b) use the same degree of care as it uses to safeguard its own
Confidential Information of a similar nature (but in no event less than reasonable care), (c) use such
Confidential Information only for its internal evaluation relating to the Purpose, and (d) make such
Confidential Information available only to its employees or agents who have a “need to know”, who have
been informed by the Receiving Party of the confidentiality obligations contained in this Agreement and
who agree to abide by and comply with such confidentiality obligations.
“Confidential Information” means information that one party (the “Disclosing Party”) discloses to
the other party (the “Receiving Party”) in the form of (a) documents or other tangible materials marked
with the legend “Confidential” or the substantial equivalent, (b) visual or oral disclosures that are identified
as confidential at the time of disclosure and are confirmed in a writing that is marked as “Confidential” or
the substantial equivalent, and forwarded to the Receiving Party within ten (10) days after disclosure, or
(c) this Agreement. Confidential Information also includes, without the need to mark it as such, any of
either party’s project plans, financial information, program specifics, pricing and/or purchasing
information, business strategies, forecasts, employee and vendor information, software (including all
documentation, code and specifications), hardware and system designs, architectures, structure and
protocols, products, processes, devices, inventions, methods, trade secrets, customers, contracts, vendor
lists and such other information that either party considers confidential or proprietary regardless of the
form or manner of disclosure to the Receiving Party.
Confidential Information shall not include any information which is:
a.
b.
c.
d.
e.

already known to the Receiving Party prior to being received hereunder;
independently developed by the Receiving Party without reference to the Confidential
Information;
publicly available or otherwise in the public domain through no wrongful act of Receiving
Party;
rightfully furnished to the Receiving Party from any third party without confidentiality
restriction; or
disclosed by the Receiving Party pursuant to any court order or valid request by a
governmental agency, provided the Receiving Party shall notify the Disclosing Party
within a reasonable time prior to disclosure and shall allow the Disclosing Party a
reasonable opportunity to seek appropriate protective measures.

Nothing in this Agreement may be construed as granting the Receiving Party (a) any right to use
Confidential Information received hereunder except as provided herein, or (b) any right, including but not
limited to a license to use, under any patent, trademark, copyright, or other intellectual property right now
or hereafter owned or controlled by the Disclosing Party. The Disclosing Party shall retain all right, title

2021 Mutual NDA

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and interest in and to the Confidential Information disclosed pursuant to this Agreement and any copies
thereof.
NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE MADE WITH
RESPECT TO THE PROVISION OR USE OF THE CONFIDENTIAL INFORMATION, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF
MERCHANTABILITY. The Confidential Information is provided “as is”.
Neither party has any obligation under or by virtue of this Agreement to enter into a definitive
agreement relating to the Purpose or any other arrangement with the other party.
This Agreement will be effective for six (6) months commencing on the Effective Date, unless
otherwise terminated by mutual agreement of the parties in writing or by either party upon ten (10) days
prior written notice to the other party. Upon receipt of the Disclosing Party’s written request, the
Receiving Party will promptly return or destroy all Confidential Information received hereunder and all
copies thereof. The Receiving Party’s obligation to protect Confidential Information will survive
termination of this Agreement and continue for the length of the Confidentiality Period.
Each party acknowledges that monetary damages may not be a sufficient remedy for the
unauthorized disclosure or use of the Confidential Information and that the aggrieved party shall be
entitled, without waiving any other rights or remedies and without the necessity of posting bond, to seek
such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
This Agreement contains the entire understanding between the parties related to the exchange of
Confidential Information, and supersedes any prior agreements, written or oral. This Agreement may not
be modified, except by written amendment duly executed by an authorized representative of each party.
If a court of competent jurisdiction finds any of the provisions hereof so overly broad as to be
unenforceable, such provisions may be reduced in scope by the court to the extent it deems necessary to
render the provisions enforceable. The failure of either party at any time to enforce any right or remedy
available to it under this Agreement or otherwise with respect to any breach or failure by the other party
shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure
by the other party. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. Facsimile or other
electronically reproduced signatures shall be deemed to be originals for purposes of this Agreement. All
notices hereunder shall be deemed to have been duly given upon actual receipt if addressed as follows
(unless such addresses are changed by written notice): For IOS, Attn: General Counsel, 250 E. John
Carpenter Freeway, Suite 120, Irving, TX 75062 and for Company, the address first set forth above.
IN WITNESS WHEREOF, an authorized representative of each party hereto has executed this
Agreement on the date indicated below.
INVENTORY OPTIMIZATION SOLUTIONS, LLC
ONEIDA NATION

_____________________________________
(“COMPANY”)

By:___________________________________

By:____________________________________

Printed Name:__________________________

Printed Name:___________________________

Title:__________________________________

Title:__________________________________

Date:__________________________________

Date:__________________________________

2021 Mutual NDA

Commented [P1]: Provista Legal Comment: We cannot
remove. We may need injunctive relief to stop an
unauthorized disclosure. Can we get a further explanation on
how this is a waiver of sovereignty?

Commented [P2]: Provista Legal Comment: We can agree
to remain silent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3960be678c4d3d14. Public record. Not legal advice.
