Phone: (920)869-2214 (2017)

Tribal code

Ask Donna

What actually matters in this document.

Text

Oneida Nation

Post Office Box 365

Oneida, WI 54155

Phone: (920)869-2214

BC Meeting Materials April 26, 2017

Open Session

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that

the following 333 pages are the Open Session meeting materials presented at a meeting

duly called, noticed and held on the 26th day of April, 2017.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

Open Packet

Page 1 of 344

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, April 25, 2017

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, April 26, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I. CALL TO ORDER AND ROLL CALL

II. OPENING

A. Special Recognition for Years of Service – Seventeen (17) Oneida Nation employees

Sponsor:

pp. 9-11

Geraldine Danforth, Area Manager/Human Resources

III. ADOPT THE AGENDA

pp. 1-8

IV. OATHS OF OFFICE

A. Oneida Election Board Alternates – Melinda K. Danforth, Peril Huff, Shannon King, Rosa

Laster, and Patricia Moore

B. Oneida Child Protective Board – Beverly Anderson and Dale Powless

pp. 12-13

pp. 14-15

V. MINUTES

A. Approve April 12, 2017, regular meeting minutes

Sponsor:

pp. 16-30

Lisa Summers, Tribal Secretary

VI. RESOLUTIONS

A. Adopt resolution entitled Older Americans Month 2017

Sponsor:

B. Adopt resolution entitled Revenue Allocation Plan FY 2017

Sponsor:

pp. 31-33

George Skenandore, Division Director/Governmental Services

Jo Anne House, Chief Counsel

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 1 of 8

pp. 34-48

Open Packet

Page 2 of 344

C. Adopt resolution entitled Emergency Amendments Reflecting Voting Age Change

in Election Law for 2017 General Election

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

pp. 49-82

VII. STANDING COMMITTEES

A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept April 5, 2017, Legislative Operating Committee meeting minutes

pp. 83-86

B. Finance Committee

Chair: Trish King, Tribal Treasurer

1. Approve April 17, 2017, Finance Committee meeting minutes

pp. 87-92

VIII. APPOINTMENTS

A. Approve recommendation to appoint Melinda K. Danforth, Peril Huff, Shannon King, Rosa

Laster, and Patricia Moore as alternates to Oneida Election Board

Chair:

Racquel Hill

Liaison:

Melinda J. Danforth

pp. 93-95

B. Approve recommendation to appoint Isaiah Skenandore and Albert Manders to

Environmental Resources Board

Sponsor:

Tina Danforth, Tribal Chairwoman

pp. 96-98

C. Approve recommendation to appoint Carol Silva and Benjamin Skenandore to Oneida

Nation Veterans Affairs Committee

Sponsor:

Tina Danforth, Tribal Chairwoman

D. Approve request to reconsider appointment to Oneida Child Protective Board

Chair:

Liaison:

pp. 99-101

pp. 102-112

Dale Powless

Lisa Summers, Tribal Secretary

IX. NEW BUSINESS

A. Review request regarding FY ’17 Trade Back for Cash

Sponsor:

pp. 113-119

Geraldine Danforth, Area Manager/Human Resources

B. Accept memorandum regarding Executive Director position of the Great Lakes

Inter-Tribal Council, Inc. (GLITC) as information

Sponsor:

Tina Danforth, Tribal Chairwoman

pp. 120-122

C. Approve revised OBC Standard Operating Procedure entitled Complaint Process for

Direct Reports to the Business Committee

Sponsor:

Lisa Summers, Tribal Secretary

pp. 123-144

D. Direct Housing Authority Executive Director to provide update on process to exceed FY

2016 IHP acquisition/rehabilitation limit at the May 10, 2017, regular Business

Committee meeting

Sponsor:

Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 2 of 8

p. 145

Open Packet

Page 3 of 344

X. TRAVEL

A. TRAVEL REPORTS

1. Accept travel report – Councilmembers Fawn Billie and Jennifer Webster – Midwest

Alliance of Sovereign Tribes (MAST) Impact Week – Washington D.C. – March 21-24,

2017

pp. 146-148

2. Accept travel report – Councilwoman Fawn Billie – Association of Community Tribal

Schools, Inc. meeting – Washington D.C. – April 2-4, 2017

pp. 149-151

3. Accept travel report – Councilman Tehassi Hill – 2017 Tribal Environmental Program

Management conference – Chicago, IL – April 3-5, 2017

pp. 152-156

B. TRAVEL REQUESTS

1. Approve travel request – Six (6) Oneida Election Board members, one (1) Oneida

Police Department officer, and one (1) Enrollments Department staff – 2017 Oneida

Nation primary & general elections – Milwaukee, WI – May 5-7, 2017 & July 7-9, 2017

pp. 157-158

2. Approve travel request – Secretary Lisa Summers & two (2) additional OBC members

– National Congress of American Indians (NCAI) mid-year conference – Uncasville,

CT – June 11-15, 2017

pp. 159-172

3. Approve travel request – Vice-Chairwoman Melinda J. Danforth & Councilwoman

Jennifer Webster – WI Dept. of Health Services (DHS) state/tribal consultation

session – Hayward, WI – May 9-10, 2017

p. 173

4. Approve travel request – Vice-Chairwoman Melinda J. Danforth & Councilwoman

Jennifer Webster – Region 5 U.S. Dept. of Health & Human Service (HHS) & Midwest

Association of Sovereign Tribes (MAST) consultation session – New Buffalo, MI –

June 14-16, 2017

pp. 174-175

5. Enter E-Poll results into the record in accordance with OBC SOP Conducting

Electronic Voting:

Sponsor: Lisa Summers, Tribal Secretary

a. Approved travel request – Councilman David Jordan – Republican Congressional

Luncheon – Washington D.C. – April 25-27, 2017

pp. 176-184

b. Approved travel request – Secretary Lisa Summers, Councilman Tehassi Hill,

and Councilwoman Jennifer Webster – Oneida Total Integrated Enterprises

(OTIE) Welcome and Orientation – Milwaukee, WI – April 20-21, 2017

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 3 of 8

pp. 185-189

Open Packet

Page 4 of 344

XI. OPERATIONAL REPORTS (Please Note: Scheduled times are approximate and subject to

change)

A. Accept Comprehensive Health Division FY ’17 2nd quarter report

pp. 190-220

(1:30 p.m.-1:50 p.m.)

Sponsors:

Debra Danforth, Division Director/Comprehensive Health Operations; Dr.

Ravinder Vir, Medical Director/Medical Operations

B. Accept Development Division FY ’17 2nd quarter report

pp. 221-245

(1:50 p.m.-2:10 p.m.)

Sponsors:

Troy Parr, Interim Assistant Division Director/Development; Jacque Boyle,

Interim Assistant Division Director/Development Operations

C. Accept Governmental Services Division FY ’17 2nd quarter report

pp. 246-280

(2:10 p.m.-2:30 p.m.)

Sponsor:

George Skenandore, Division Director/Governmental Services

XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC Support

Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to https://goo.gl/uLp2jE)

A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana

EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,

seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer

the financial analysis to the April 26, 2017, regular Business Committee meeting, seconded by

David Jordan. Motion carried unanimously.

EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative analysis,

seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to defer the legal

analysis to the April 12, 2017, regular Business Committee meeting, seconded by Lisa Summers.

Motion carried unanimously. (3) Motion by David Jordan to defer the financial analysis to the April

12, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion carried

unanimously.

EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress report

regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by

Jennifer Webster to accept the progress report regarding the legal analysis, seconded by Fawn

Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept the progress report

regarding the financial analysis, seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified petition

from Sherrole Benton regarding a request to change pre-employment drug testing for marijuana

use; to send the verified petition to the Law, Finance, Legislative Reference, and Direct Report

Offices for the legal, financial, legislative, and administrative analyses to be completed; and to direct

the Law, Finance, and Legislative Reference Offices to submit their analyses to the Tribal

Secretary’s Office within sixty (60) days, and that a progress report be submitted in forty-five (45)

days, seconded by Fawn Billie. Motion carried unanimously

1. Defer financial analysis to May 10, 2017, regular Business Committee meeting

Sponsor:

B. Approve June 20, 2017, special GTC meeting materials

Sponsor:

pp. 281-283

Larry Barton, Chief Financial Officer

Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 4 of 8

pp. 284-344

Open Packet

Page 5 of 344

XIII. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)

A. REPORTS

1. Accept Chief Counsel report – Jo Anne House, Chief Counsel

pp. 345-348

a. Approve limited waiver of sovereign immunity – Home Depot Commercial Account

Application – contract # 2017-0341

pp. 349-360

2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director

pp. 361-370

3. Accept Bay Bancorporation, Inc. FY ’17 2nd quarter report

pp. 371-383

(8:30 a.m.-9:00 a.m.)

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

4. Accept Oneida ESC Group, LLC. FY ’17 2nd quarter report

pp. 384-389

(9:00 a.m.-9:30 a.m.)

Chair:

Jackie Zalim

Liaison:

Tehassi Hill, Councilman

5. Accept Oneida Total Integrated Enterprises, LLC. FY ’17 2nd quarter report

pp. 390-397

(9:30 a.m.-10:00 a.m.)

Managing Principal: Jeff House

Liaison:

Tehassi Hill, Councilman

(Break scheduled from 10:00 a.m.-10:15 a.m.)

6. Accept Oneida Seven Generations Corporation FY ’17 2nd quarter report

pp. 398-404

(10:15 a.m.-10:45 a.m.)

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

a. Review Oneida Seven Generations Corporation agent fees

pp. 405-427

7. Accept Oneida Airport Hotel Corporation FY ’17 2nd quarter report

pp. 428-464

(10:45 a.m.-11:15 a.m.)

Agent:

Janice Hirth-Skenandore

Liaison:

Trish King, Tribal Treasurer

8. Accept Oneida Golf Enterprise FY ’17 2nd quarter report

pp. 465-473

(11:15 a.m.-11:30 a.m.)

Agent:

Janice Hirth-Skenandore

Liaison:

Trish King, Tribal Treasurer

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association update

(11:30 a.m.-11:45 a.m.)

Sponsor: Trish King, Tribal Treasurer

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 5 of 8

pp. 474-484

Open Packet

Page 6 of 344

C. AUDIT COMMITTEE

1. Accept Audit Committee FY ’17 2nd quarter report (11:45 a.m.-12:00 p.m.)

pp. 485-489

D. UNFINISHED BUSINESS

1. Accept final report regarding Surveillance System Replacement Project

pp. 490-500

(This item is scheduled to begin at 1:30 p.m.)

Sponsor: Joanie Buckley, Division Director/Internal Services

EXCERPT FROM JANUARY 25, 2017: Motion by Melinda J. Danforth to accept the transition

plan update regarding the Surveillance System Replacement Project with the next update

provided at the April 26, 2017, regular Business Committee meeting, seconded by Lisa

Summers. Motion carried unanimously.

EXCERPT FROM JULY 13, 2016: (1) Motion by Lisa Summers to accept the transition plan

from Internal Services/MIS Department regarding Surveillance System Replacement Project,

seconded by Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to direct

that an internal team be established from a minimum of MIS Department, Oneida Police

Department, Gaming Commission and Security, and Purchasing Department to develop a full

transition plan for the Operations based on the recommendations provided in the report; and

to request an update on the progress be brought back to a regular Business Committee

meeting in six (6) months which would be January of 2017, seconded by Jennifer Webster.

Motion carried unanimously.

EXCERPT FROM APRIL 27, 2016: Motion by David Jordan to accept the update from the

Gaming Commission, Retail, Finance, and Gaming regarding Surveillance System

Replacement Project and to request that the agreed upon action plan be placed in writing and

signed by all affected parties, seconded by Tehassi Hill. Motion carried unanimously.

EXCERPT FROM APRIL 13, 2016: (1) Motion by Lisa Summers to request that the team

working on this item meet and collaborate on how to proceed and bring back this item to the

April 27, 2016, regular Business Committee meeting for an update, seconded by Jennifer

Webster. Motion carried unanimously. (2) Motion by Lisa Summers to defer a policy

development on this issue to the Internal Services/MIS Department to bring back a

recommendation on a transition plan which moves the Nation towards a long-term systems

alignment and for this draft plan to be brought back to the July 13, 2016, regular Business

Committee meeting, seconded by Fawn Billie. Motion carried unanimously. (3) Motion by David

Jordan to request all the teams that were to be brought together and put under one team for a

RFP to be vetted out and be transparent, seconded by Lisa Summers. Motion carried

unanimously.

2. Approve job reassignment for Direct Report # 03

pp. 501-511

Sponsor: Trish King, Tribal Treasurer

EXCERPT FROM APRIL 27, 2016: Motion by Tehassi Hill to approve the subcommittee’s

recommendations in the memo dated April 19, 2016, regarding the Interim Assistant

Development Division Director position for a one year period, seconded by Trish King. Motion

carried with one abstention.

3. Defer update regarding strategic land purchase to May 10, 2017, regular Business

Committee meeting

Sponsor: Michele Doxtator, Area Manager/Retail Profits

EXCERPT FROM JANUARY 25, 2017: Motion by Lisa Summers to accept the update; and to

request a follow-up report be brought back in approximately sixty (60) days for the April 26,

2017, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried

unanimously.

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 6 of 8

pp. 512-513

Open Packet

Page 7 of 344

4. Accept verbal update regarding Culture & Language reorganization; and request

update be brought back in ninety (90) days

Sponsors: Tehassi Hill, Councilman; Brandon Stevens, Councilman; Jennifer Webster,

Councilwoman

pp. 514-518

EXCERPT FROM FEBRUARY 8, 2017: (1) Motion by Lisa Summers to accept the verbal

update and information; and to ask the Governmental Services Division Director to continue

working with the area, and the Business Committee sub-team assigned to this topic, on an

action plan to be brought back in sixty (60) days, seconded by Fawn Billie. Motion carried

unanimously. (2) Motion by Lisa Summers to request that any reorganization of the

Governmental Services Division be placed on hold until the Governmental Services Director

brings back a plan for Business Committee review, seconded by Jennifer Webster. Motion

carried unanimously.

5. Defer report regarding contract # 2017-0088 for sixty (60) days

pp. 517-518

Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman

EXCERPT FROM FEBRUARY 8, 2017: Motion by Lisa Summers to direct Liaisons

Councilwoman Jennifer Webster and Secretary Lisa Summers to work with the Law Office on

a contract item that was brought forward; and to bring back a report to the Business Committee

within sixty (60) days, seconded by Trish King. Motion carried unanimously.

6. Defer final recommendations regarding Tsyunhehkwa to May 10, 2017, regular

Business Committee meeting

Sponsor: Joanie Buckley, Division Director/Internal Services

pp. 519-521

EXCERPT FROM MARCH 22, 2017: Motion by Tehassi Hill to accept the Tsyunhehkwa report;

and to request the Internal Services Division Director to bring back final recommendations for

the April 26, 2017, regular Business Committee meeting, seconded by Brandon Stevens.

Motion carried unanimously.

E. NEW BUSINESS

1. Review request regarding Oneida Nation School System food service employees

pp. 522-530

(This item is scheduled to begin at 2:00 p.m.)

Chair:

Debra Danforth

Liaison: Fawn Billie, Councilwoman

2. Discuss request to reconsider appointment to Oneida Child Protective Board

pp. 531-629

(This item is scheduled to begin at 2:20 p.m.)

Chair:

Dale Powless

Liaison: Lisa Summers, Tribal Secretary

3. Review complaint # 2017-DR08-02 (This item is scheduled to begin at 2:40 p.m.)

pp. 630-637

Sponsor: Lisa Summers, Tribal Secretary

4. Review complaint # 2017-DR08-03 (This item is scheduled to begin at 3:00 p.m.)

pp. 638-641

Sponsor: Lisa Summers, Tribal Secretary

5. Review complaint # 2017-DR08-04 (This item is scheduled to begin at 3:20 p.m.)

pp. 642-644

Sponsor: Lisa Summers, Tribal Secretary

6. Review community concern # 2017-CC-05 (This item is scheduled to begin at 3:40 p.m.)pp. 645-649

Sponsor: Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 7 of 8

Open Packet

Page 8 of 344

7. Review board applications for Oneida ESC, LLC.

pp. 650-692

Sponsor: Lisa Summers, Tribal Secretary

XIV. ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:00 p.m., Friday, April 21, 2017, pursuant to

the Open Records and Open Meetings Law, section 7.17-1.

The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official

website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.

Oneida Business Committee Regular Meeting Agenda of April 26, 2017

Page 8 of 8

Open Packet

Page 9 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 I 26 I 17

2. General Information:

Session:

[8] Open 0 Executive - See instructions for the applicable laws, then choose one:

Agenda Header:

0

IAnnoucement/Recognitlon

Accept as Information only

[8] Action - please describe:

Presentation of Years of Service Certificates to seventeen (17) employees by their immediate supervisor

along with the Business Committee.

3. Supporting Materials

0

Report

0 Resolution

0

Contract

[8] Other:

l~rlis_

t_

of e_m

__

p-lo-y-ee_s_t_o_b_e_r-ec_o_g_n-iz_e_

d__________,

2.

3.

4.

O Business Committee signature required

4. Budget Information

0 Budgeted - Tribal Contribution

0

Budgeted - Grant Funded

0 Unbudgeted

5. Submission

Authorized Sponsor I Liaison:

Primary Requestor:

Geraldine R. Danforth, HRD Area Manage

Maureen Metoxen, Exec Assist

~~~~~~~~~~~--------------------------------

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Open Packet

Page 10 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize

employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create

the certificate to be presented to the Years of Service recipient.

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 fi le to: BC_Agenda_Requests@oneidanatlon.org

Page 2 of2

Open Packet

Page 11 of 344

April 26th Meeting

2ND QUARTER 2017

Name

TRYBA,UNDA M

SUMMERS,CURTISS L

SMITH,FRANK M

DENNY,BRIAN

LILLY,CARLA D

HILL,JUUE A

COTTRELL,KEVIN E

SAUNDERS,SHERI

HILL,MICHAEL R

MELCHERT lAURIE A

ROMMEL,NICOLE A

BAIN,INAGAIL M

COUNARD,RICK H

HOUSE,JAM ES M

HILL,TAMI J

CHRISTJOHN GWENDOLYN

STEVENS,SANDRA K

DENNY,DONALD J

Supervisor Name

lARSON,DAVID L

WILUAMS,TRACY M

BRAATEN,BlAIR A

EMERSON,DAVID L

lALUZERNE,KIM A

lALUZERNE KIM A

HOUSE,SUSAN M

RASMUSSEN,FAWNE M

MOORE,ALEX K

SOMMERFELDT,JAMES M

PELKY,PATRICK J

JORDAN,JUDITH J

lALUZERNE,KIM A

HERNANDEZ,PENELOPE

HILL,GERALD L

PEGUERO,YVETTE M

DENNY,JACK E

DOXTATOR,MICHELE M

ADOH

Jan 6, 1992

Jan 13, 1992

Jan 26, 1992

Jan 30, 1992

Feb 5, 1992

Feb 26, 1992

Mar 2 1992

Mar 2 1992

Mar 12, 1992

Mar 18, 1992

Mar 18, 1992

Mar 25, 1992

Mar30, 1992

Jan 2, 1987

Jan 12, 1987

Mar 20, 1987

Mar 5, 1982

Mar 12, 1982

..,~~

25

25

25

25

25

25

25

25

25

25

25

25

25

30

30

30

35

35

RESPONSE

Open Packet

Page 12 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 26 / 17

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 the Oath of Office for five (5) Election Board Alternates for the 2017 Elections:

Melinda K. Danforth, Peril Huff, Shannon King, Rosa Laster, and Patricia Moore.

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, Tribal Secretary

Primary Requestor/Submitter:

Lisa Liggins, Executive Assistant II

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Racquel Hill, Election Board Chairperson

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Packet

Page 13 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

**BACKGROUND**

The Oneida Election Board has submitted a recommendation to the Oneida Business Committee for the

appointment of five (5) Election Board Alternates for the 2017 Elections.

This request to administer the oath of office is submitting in conjunction with the recommendation for

appointment.

In accordance with 102.4-10.(a) of the Election Law, Election Board Alternates will be dismissed when their

election day duties are complete. Due to potential recounts and challenges, the "term ending" for the alternates

must be listed "upon the declaration of the official election results".

**REQUESTED ACTION**

Administer Oath of Office five (5) Election Board Alternates for the 2017 Elections:

Melinda K. Danforth, Peril Huff, Shannon King, Rosa Laster, and Patricia Moore.

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

Open Packet

Page 14 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 26 / 17

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 Dale Powless and Beverly Anderson to the Oneida Child Protective 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, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, Executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Packet

Page 15 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The posting was in the January 5, 2017 issue of the Kalihwisaks for (3) of vacancies on the Oneida Child Protective

Board for a (4) year term with the deadline of February 3, 2017. There were (5) applicants for the (3) vacancies on

the Oneida Child Protective Board. The appointment was made on the April 12, 2017 BC Agenda.

The third appointee, Carmelita Escamea, is scheduled to take her oath of office at the May 10, 2017, BC meeting.

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

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Open Packet

Page 16 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Minutes

Accept as Information only

Action - please describe:

Approve April 12, 2017, regular meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. April 12, 2017, regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Open Packet

Page 17 of 344

DRAFT

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, April 11, 2017

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, April 12, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council

members: Tehassi Hill, David Jordan, Jennifer Webster;

Not Present: Chairwoman Tina Danforth, Councilwoman Fawn Billie, Councilman Brandon Stevens;

Arrived at: ;

Others present: Jo Anne House, Larry Barton, Nathan King, Tana Aguirre, Geraldine Danforth;

REGULAR MEETING

Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa Summers, Council

members: Fawn Billie, Tehassi Hill, David Jordan (excused at 2:30 p.m.), Brandon Stevens, Jennifer

Webster;

Not Present: Chairwoman Tina Danforth, Councilwoman Fawn Billie, Councilman Brandon Stevens;

Arrived at: ;

Others present: Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Jen Falck, Clorissa

Santiago, Marlene Garvey, Bonnie Pigman, Debbie Danforth, Leyne Orosco, Wes Martin Jr., Chris

Johnson, Robert Collins, Cathy Metoxen, Geraldine Danforth, Larry Barton, Ed Delgado, Richard Elm-Hill,

Lora Skenandore, Dale Wheelock, James Petitjean, Cathy Bachhuber, Bill Graham, George Skenandore,

Paul Witek;

I.

CALL TO ORDER AND ROLL CALL by Vice-Chairwoman Melinda J. Danforth at 8:30 a.m.

For the record:

Chairwoman Tina Danforth is out of the office on personal time.

Councilwoman Fawn Billie and Councilman Brandon Stevens are away

on approved travel to attend the National Indian Gaming Association

tradeshow & convention in San Diego, CA.

II. OPENING by Councilman Tehassi Hill

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 1 of 14

Open Packet

Page 18 of 344

DRAFT

III. ADOPT THE AGENDA (00:03:57)

Motion by Lisa Summers to adopt the agenda with the following changes: [Delete Open Session –

Unfinished Business item X.A. “Reconsider, review, and hear testimony from Kory Wesaw regarding

application to Oneida Police Commission”; delete Executive Session – Unfinished Business item

XIV.E.01. “Approve limited waiver of sovereign immunity – Independent Care Health Plan-iCare Provider

Service Agreement – contract # 2016-0357”; delete Executive Session – New Business item XIV.F.06.

“Review information regarding Electrical Department”; add-on Executive Session – New Business item

XIV.F.09. “Comprehensive Housing update”; and add-on Executive Session – New Business item

XIV.F.10 “Aimbridge Hospitality request”], seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

IV. OATHS OF OFFICE (00:05:39) by Secretary Lisa Summers

A. Environmental Resources Board – Marlene Garvey

B. Oneida Nation Veterans Affairs Committee – Arthur Cornelius (Not Present)

V. MINUTES

A. Approve March 22, 2017, regular meeting minutes (00:08:25)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the March 22, 2017, regular meeting minutes with the following

change: [Under item XIV.D.10. the complaint # in the motion should reflect the agenda item complaint #

of “2017-DR06-07” instead of “2017-DR06-08”], seconded by Tehassi Hill. Motion carried unanimously:

Secretary Lisa Summers departs at 8:41 a.m. before voting occurs.

Ayes:

Not Present:

Tehassi Hill, David Jordan, Trish King, Jennifer Webster

Tina Danforth, Fawn Billie, Brandon Stevens, Lisa Summers

VI. RESOLUTIONS

A. Adopt resolution entitled Implementing Per Capita Plan Adopted by General Tribal Council

on June 13, 2016 (00:12:33)

Sponsor:

Trish King, Tribal Treasurer

Motion by Jennifer Webster to adopt resolution # 04-12-17-A Implementing Per Capita Plan Adopted by

General Tribal Council on June 13, 2016, seconded by David Jordan. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens, Lisa Summers

Secretary Lisa Summers returns at 8:50 a.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 2 of 14

Open Packet

Page 19 of 344

DRAFT

B. Adopt resolution entitled Extending the Effective Date of the Community Support Fund

Law (00:18:06)

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by David Jordan to adopt resolution # 04-12-17-B Extending the Effective Date of the Community

Support Fund Law, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

C. Adopt resolution entitled Conflict of Interest Emergency Amendments (00:26:04)

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Lisa Summers to delete this item from the agenda, seconded by Jennifer Webster. Motion

carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

D. Adopt resolution entitled Drug and Alcohol Free Workplace Law Amendments (00:26:45)

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by David Jordan to adopt resolution # 04-12-17-C Drug and Alcohol Free Workplace Law

Amendments, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

E. Adopt resolution entitled Endowments Law Amendments (00:27:46)

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Lisa Summers to adopt resolution # 04-12-17-D Endowments Law Amendments, seconded by

David Jordan. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Councilman Tehassi Hill departs at 9:26 a.m.

Councilman Tehassi Hill returns at 9:29 a.m.

VII. STANDING COMMITTEES

A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept March 15, 2017, Legislative Operating Committee meeting minutes (1:09:49)

Motion by Jennifer Webster to accept the March 15, 2017, Legislative Operating Committee meeting

minutes, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Treasurer Trish King departs at 9:33 a.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 3 of 14

Open Packet

Page 20 of 344

DRAFT

2. Request Oneida Personnel Commission to submit input regarding Employment Law

(1:02:10)

Motion by Lisa Summers to approve Legislative Operating Committee request; and to delegate the Tribal

Secretary the responsibility of sending the formal correspondence, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Trish King, Brandon Stevens

Treasurer Trish King returns at 9:35 a.m.

Councilman David Jordan departs at 9:35 a.m.

Councilman David Jordan returns at 9:49 a.m.

3. Review Landlord-Tenant Rule # 2: Income Based Rental Program; Landlord-Tenant

Rule # 3: Elder Rental Program; and Eviction & Termination Rule # 1: Disposal of

Abandoned Personal Property (1:04:18)

Motion by Lisa Summers to note the Business Committee has reviewed Landlord-Tenant Rule # 2:

Income Based Rental Program; Landlord-Tenant Rule # 3: Elder Rental Program; and Eviction &

Termination Rule # 1: Disposal of Abandoned Personal Property, in accordance with section 106.7-3 of

the Administrative Rulemaking, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Motion by Lisa Summers to defer the questions and concerns that were identified today from the public to

the respective entities to review so that they can take note of them and see if there are any adjustments

they want to make in the future, seconded by David Jordan. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

B. Finance Committee

Chair: Trish King, Tribal Treasurer

1. Approve April 3, 2017, Finance Committee meeting minutes (1:36:30)

Motion by David Jordan to approve the April 3, 2017, Finance Committee meeting minutes, seconded by

Trish King. Motion carried with one abstained:

Ayes:

Tehassi Hill, David Jordan, Trish King, Jennifer Webster

Abstained:

Lisa Summers

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

VIII. APPOINTMENTS

A. Approve recommendation to appoint Beverly Anderson, Dale Powless, and Carmelita

Escamea to Oneida Child Protection Board (1:36:34)

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by David Jordan to appoint Beverly Anderson, Dale Powless, and Carmelita Escamea to Oneida

Child Protection Board, seconded by Lisa Summers. Motion carried with one abstention:

Ayes:

David Jordan, Trish King, Lisa Summers, Jennifer Webster

Abstained:

Tehassi Hill

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 4 of 14

Open Packet

Page 21 of 344

DRAFT

IX. STANDING ITEMS

Secretary Lisa Summers departs at 10:12 a.m.

Secretary Lisa Summers returns at 10:16 a.m.

A. Accept quarterly report regarding work plan for Cemetery Improvements Project # 14-002

(1:39:38)

Sponsor:

James Petitjean, Interim Assistant Division Director/Development-Development

Motion by Lisa Summers to accept the quarterly report regarding work plan for Cemetery Improvements

Project # 14-002, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Not Present:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Tina Danforth, Fawn Billie, Brandon Stevens

B. Approve Constitutional Amendments Implementation Team close-out report; and four (4)

additional requested actions (2:06:46)

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to formally disband the Constitutional Amendments Implementation team as

their work is complete; to direct Chairwoman Tina Danforth to provide copies of the signed letter to the

Oneida of the Thames and Oneida Indian Nation to the Tribal Secretary’s Office for record keeping

purposes; to direct the Legislative Operating Committee to ensure the Election Law amendments are

completed to come into compliance with the Constitution; and to direct the Tribal Secretary’s Office to

present the petition forms and necessary standard operating procedures to the Business Committee work

meeting in May 2017 for finalization, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

X. UNFINISHED BUSINESS

A. Reconsider, review, and hear testimony from Kory Wesaw regarding application to Oneida

Police Commission

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM FEBRUARY 8, 2017: (1) Motion by Jennifer Webster to approve the

recommendation to appoint Kory Wesaw to the Oneida Police Commission, seconded by David

Jordan. Motion fails due to lack of support. (2) Motion by Melinda J. Danforth to request

Chairwoman Tina Danforth to reconsider the other applicants in the pool in accordance with the

Comprehensive Policy Governing Boards, Committees, and Commissions, seconded by Brandon

Stevens. Motion carried unanimously.

Item deleted at the adoption of the agenda.

XI. NEW BUSINESS

A. Approve activation of $250,000 from FY 2017 CIP budget for CIP # 14-012 Oneida Farms

Barn & Manure Pit (2:25:55)

Sponsor:

James Petitjean, Interim Assistant Division Director/Development-Development

Motion by Lisa Summers to approve the activation of $250,000 from FY 2017 CIP budget for CIP # 14012 Oneida Farms Barn & Manure Pit, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 5 of 14

Open Packet

Page 22 of 344

DRAFT

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

B. Approve activation of $393,000 from FY 2017 CIP budget for CIP # 15-003 Norbert Hill

Center Remodeling-Phase VIII (2:26:50)

Sponsor:

James Petitjean, Interim Assistant Division Director/Development-Development

Motion by Lisa Summers to approve the activation of $393,000 from FY 2017 CIP budget for CIP # 15003 Norbert Hill Center Remodeling-Phase VIII, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Treasurer Trish King departs at 11:02 a.m.

Treasurer Trish King returns at 11:06 a.m.

Councilman Tehassi Hill departs at 11:07 a.m.

Councilman Tehassi Hill returns at 11:09 a.m.

C. Approve update regarding Noncompliance: Organizational Conflicts of Interest Finding in

Final Monitoring Report Letter from U.S. Dept. of Housing & Urban Development (2:27:16)

(This item corresponds with item VI.C. of the agenda)

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept this item as information, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Councilwoman Jennifer Webster departs at 11:14 a.m.

Councilwoman Jennifer Webster returns at 11:17 a.m.

D. Reconsider request to approve reorganization of five (5) Elder Services positions to

Comprehensive Health Division (2:40:18) & (3:29:31)

Sponsor:

George Skenandore, Division Director/Governmental Services

Motion by Lisa Summers to defer this item to after discussion is held with the Division Director of

Governmental Services scheduled at 3:00 p.m., seconded by Trish King. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Motion by Lisa Summers to approve the reconsideration request; and to make an exception to the

Business Committee standing motion for this particular item to approve the reorganization of five (5) Elder

Services positions to Comprehensive Health Division as identified in the materials provided, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

E. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Failed request for reorganization of five (5) Elder Services positions to Comprehensive

Health Division (2:55:41)

Sponsor: George Skenandore, Division Director/Governmental Services

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 6 of 14

Open Packet

Page 23 of 344

DRAFT

Motion by David Jordan to enter the E-Poll results into the record for the failed request for reorganization

of five (5) Elder Services positions to Comprehensive Health Division, seconded by Jennifer Webster.

Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

XII. TRAVEL

A. TRAVEL REPORTS

1. Accept travel report – Councilwoman Fawn Billie – Tribal Action Plan Development

Workshop – Columbia, SC – January 25-27, 2017 (2:56:33)

Motion by Trish King to accept the travel report – Councilwoman Fawn Billie – Tribal Action Plan

Development Workshop – Columbia, SC – January 25-27, 2017, seconded by David Jordan. Motion

carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

2. Accept travel report – Secretary Lisa Summers – National Congress of American

Indians (NCAI) Executive Council Winter Session – Washington D.C. – February 14-16,

2017 (2:56:56)

Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers – National Congress of

American Indians (NCAI) Executive Council Winter Session – Washington D.C. – February 14-16, 2017,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

3. Accept travel report – Secretary Lisa Summers – PL280 Subcommittee, Tribal Caucus,

and Intertribal Criminal Justice Council meeting – Hayward, WI – March 22-24, 2017

(2:57:27)

Motion by Jennifer Webster to accept the travel report – Secretary Lisa Summers – PL280 Subcommittee,

Tribal Caucus, and Intertribal Criminal Justice Council meeting – Hayward, WI – March 22-24, 2017,

noting that Secretary Lisa Summers did not attend, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

B. TRAVEL REQUESTS

1. Approve travel request – Secretary Lisa Summers – State-Tribal Consultation with WI

Department of Corrections – Hayward, WI – May 8-9, 2017 (2:58:57)

Motion by Trish King to approve the travel request – Secretary Lisa Summers – State-Tribal Consultation

with WI Department of Corrections – Hayward, WI – May 8-9, 2017, seconded by David Jordan. Motion

carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 7 of 14

Open Packet

Page 24 of 344

DRAFT

XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC

Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to

https://goo.gl/uLp2jE)

A. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana

EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative

analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to

defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded by

Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the financial

analysis to the April 12, 2017, regular Business Committee meeting, seconded by Tehassi Hill.

Motion carried unanimously.

EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress report

regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion

by Jennifer Webster to accept the progress report regarding the legal analysis, seconded by

Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to accept the progress

report regarding the financial analysis, seconded by Brandon Stevens. Motion carried

unanimously. EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the

verified petition from Sherrole Benton regarding a request to change pre-employment drug testing

for marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and

Direct Report Offices for the legal, financial, legislative, and administrative analyses to be

completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their

analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be

submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.

1. Accept legal analysis (2:59:22)

Sponsor:

Jo Anne House, Chief Counsel

Motion by David Jordan to accept the legal analysis, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

2. Defer financial analysis to April 26, 2017, regular Business Committee meeting

(3:00:00)

Sponsor:

Larry Barton, Chief Financial Officer

Motion by Lisa Summers to defer the financial analysis to the April 26, 2017, regular Business Committee

meeting, seconded by David Jordan. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

B. Approve May 16, 2017, reconvened special GTC meeting mail-out notice (3:00:29)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the May 16, 2017, reconvened special GTC meeting mail-out notice,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 8 of 14

Open Packet

Page 25 of 344

DRAFT

C. Enter E-Poll results into the record In accordance with BC SOP Conducting Electronic

Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved request to schedule special GTC meeting on Tuesday, May 16, 2017, at 6:00

p.m. as directed at the March 19, 2017, special GTC meeting (3:01:02)

Requestor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record for the approved request to schedule

special GTC meeting on Tuesday, May 16, 2017, at 6:00 p.m. as directed at the March 19, 2017, special

GTC meeting, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

2. Approved request to reschedule April 7, 2017, reconvened Annual GTC meeting to

Sunday, April 23, 2017, at 1:00 p.m., due to identified safety concerns (3:01:35)

Requestor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record approved the request to reschedule

April 7, 2017, reconvened Annual GTC meeting to Sunday, April 23, 2017, at 1:00 p.m., due to identified

safety concerns, seconded by Trish King. Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

XIV. EXECUTIVE SESSION

Motion by Lisa Summers to go into executive session at 11:33 a.m., seconded by Jennifer Webster.

Motion carried unanimously:

Ayes:

Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, Brandon Stevens

Meeting recessed at 12:00 p.m. until 1:30 p.m.

Councilman David Jordan departs at 2:30 p.m.

Motion by Lisa Summers to come out of executive session at 2:41 p.m., seconded by Tehassi Hill.

Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

A. REPORTS

1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (3:04:50)

Motion by Lisa Summers to accept the Chief Counsel report dated April 11, 2017, seconded by Tehassi

Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 9 of 14

Open Packet

Page 26 of 344

DRAFT

a. Approve limited waiver of sovereign immunity – LexisNexis-Time Matters Annual

Maintenance Agreement – contract # 2017-0280 (3:05:23)

Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – LexisNexis-Time

Matters Annual Maintenance Agreement – contract # 2017-0280, seconded by Trish King. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

b. Approve attorney engagement letters (3:05:50)

Motion by Lisa Summers to approve the attorney engagement letters for Hogan Adams PLLC./Hansen

Reynolds LLC., seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

2. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer (3:06:21)

Motion by Lisa Summers to accept the Chief Financial Officer report dated April 11, 2017, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

3. Accept Intergovernmental Affairs & Communications report – Nathan King, Director

(3:06:54)

Motion by Lisa Summers to accept the Intergovernmental Affairs & Communications update, noting the

follow-up is being conducted on the following two (2) items: the Back 40 Mine issue and a request to

coordinate a government-to-government meeting with Ho-Chunk Nation, seconded by Tehassi Hill.

Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Motion by Lisa Summers to accept the Oneida Village budget update, including the authorization of the

15% contingency fund request, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

C. AUDIT COMMITTEE

Chair: Tehassi Hill, Councilman

1. Accept February 9, 2017, Audit Committee meeting minutes (3:08:08)

Motion by Tehassi Hill to accept the February 9, 2017, Audit Committee meeting minutes, seconded by

Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 10 of 14

Open Packet

Page 27 of 344

DRAFT

2. Accept Oneida Police Department Performance Assurance audit and lift confidentiality

requirement to allow Tribal Members to view the audit (3:08:30)

Motion by Tehassi Hill to accept the Oneida Police Department Performance Assurance audit; and to lift

the confidentiality requirement to allow Tribal Members to view the audit, seconded by Jennifer Webster.

Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

D. TABLED BUSINESS

1. Adopt resolution entitled Resolution to Adopt the Second Amendment to the Public

Safety Officer Pension Plan (3:08:53)

Sponsor: Larry Barton, Chief Financial Officer

EXCERPT FROM MARCH 22, 2017: Motion by David Jordan to table this item until the end

of the agenda, seconded by Tehassi Hill. Motion carried unanimously.

Motion by Lisa Summers to take this item from the table, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Motion by Lisa Summers to delete from the agenda, noting that it was completed via E-Poll for which the

results are on this agenda as item XIV.F.08.b., seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

E. UNFINISHED BUSINESS

1. Approve limited waiver of sovereign immunity – Independent Care Health Plan-iCare

Provider Service Agreement – contract # 2016-0357

Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations

EXCERPT FROM MARCH 22, 2017: Motion by Lisa Summers to defer this item to the April

12, 2017, regular Business Committee meeting to request clarification on approval, seconded

by David Jordan. Motion carried unanimously.

Item deleted at adoption of the agenda.

F. NEW BUSINESS

1. Approve limited waiver of sovereign immunity – Wells Fargo Merchant ServicesMerchant Processing Application – contract # 2017-0244 (3:10:05)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Lisa Summers to deny the request for the limited waiver of sovereign immunity – Wells Fargo

Merchant Services-Merchant Processing Application – contract # 2017-0244; and to direct the Chief

Financial Officer to seek an alternate vendor to provide this service to the Arts program and other entities

of the Nation to be completed within six (6) months, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 11 of 14

Open Packet

Page 28 of 344

DRAFT

2. Adopt resolution entitled Adoption of Second Amendment and the Amended and

Restated Credit Note of the Oneida Nation (3:10:49)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Jennifer Webster to adopt resolution # 04-12-17-E Adoption of Second Amendment and the

Amended and Restated Credit Note of the Oneida Nation1, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

3. Review complaint # 2017-DR16-01 (3:11:37)

Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to accept complaint # 2017-DR16-01 as having merit; and to assign

Councilmembers Jennifer Webster, Brandon Stevens, and Fawn Billie to complete the process and any

follow-up, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

4. Review request regarding wage adjustment procedures (3:12:14)

Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to assign the Human Resources Area Manager and an Oneida Business

Committee sub-team consisting of the Offices of Secretary Lisa Summers, Vice-Chairwoman Melinda J.

Danforth, and Treasurer Trish King to work together to bring forward a revised policy which achieves

preservation of managerial decision-making and checks-and-balances relating to budget requirements for

any type of wage adjustment, raises, bonuses, etc., seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Motion by Lisa Summers for the Oneida Business Committee sub-team and Human Resources to bring

back a status update to the May 24, 2017, regular Business Committee meeting agenda in executive

session, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

5. Review request regarding wage adjustment plan for FY 2018 budget planning (3:14:13)

Sponsor: Trish King, Tribal Treasurer

Motion by Lisa Summers to accept the Treasurer’s draft memorandum dated April 4, 2017; and to accept

items for this request as identified in numbers 1-6, 1) being a yes; 2) being a yes, 3) being a no, but to

plan for FY 2019; 4) being a yes, 5) being a yes, noting that it will also have to comply with the policies

and procedures, and 6) being a yes, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

6. Accept information regarding Electrical Department

Sponsor: Tina Danforth, Tribal Chairwoman

Item deleted at adoption of the agenda.

1 Vice-Chairwoman Melinda J. Danforth noted the Officer signatures for resolution # 04-12-17-E need to

be completed by April 15, 2017.

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 12 of 14

Open Packet

Page 29 of 344

DRAFT

Motion by Tehassi Hill to go into executive session at 3:05 p.m., seconded by Jennifer Webster. Motion

carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Motion by Tehassi Hill to come out of executive session at 5:19 p.m., seconded by Lisa Summers.

Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

7. Discuss and set performance expectations for Direct Report – DR06 (3:30:45)

Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to set performance expectations for Direct Report – DR06 sent via e-mail,

seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

8. Enter E-Poll results into the record In accordance with BC SOP Conducting Electronic

Voting:

Sponsor: Lisa Summers, Tribal Secretary

a. Approved request of two (2) actions regarding Limited Term Employee Agreement

(3:26:15)

Requestor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record for the approved request of two (2)

actions regarding Limited Term Employee Agreement, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

b. Adoption of resolution # 04-03-17-A Adoption of the Second Amendment to the

Public Safety Officer Pension Plan (3:26:52)

Requestors:

Larry Barton, Chief Financial Officer; Jo Anne House, Chief Counsel

Motion by Jennifer Webster to enter the E-Poll results into the record for the adoption of resolution # 0403-17-A Adoption of the Second Amendment to the Public Safety Officer Pension Plan, seconded by Lisa

Summers. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

9. Comprehensive Housing update (Add-on item) (3:27:34)

Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to accept the update provided on April 11, 2017, seconded by Tehassi Hill.

Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 13 of 14

Open Packet

Page 30 of 344

DRAFT

10. Aimbridge Hospitality request (Add-on item) (3:27:55)

Sponsor: Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to accept the request as information; and assign the liaisons Treasurer Trish

King and Councilwoman Fawn Billie to complete the additional follow-up identified, seconded by Lisa

Summers. Motion carried unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

XV. ADJOURN

Motion by Lisa Summers to adjourn at 5:22 p.m., seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Tehassi Hill, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Tina Danforth, Fawn Billie, David Jordan, Brandon Stevens

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Regular Meeting Minutes DRAFT of April 12, 2017

Page 14 of 14

Open Packet

Page 31 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

4

l 26 I 17

2. General Information:

Session:

I&] Open D Executive- See instructions for the applicable laws, then choose one:

jResolution for Older Americans Month May, 2017

AgendaHeader:jLR_e_so_lu_t_io_n_s______________________________________________________~

D Accept as Information only

I&] Action - please describe:

Approve resolution for Older Americans Month in May, 2017

3. Supporting Materials

D Report

[gJ Resolution

D Contract

D Other:

1.!Resolution

3.

2.

4.

I&] Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

I&] Budgeted- Grant Funded

5. Submission

Authorized Sponsor I Liaison:

Primary Requestor/Submitter:

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

0 Unbudgeted

Open Packet

Page 32 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Older Americans Month 2017: Age Out Loud

Getting older doesn't mean what it used to. For many aging Americans, it is a phase of life where interests, goals,

and dreams can get a new or second start. Today, aging is about eliminating outdated perceptions and living the

way that suits you best.

Since 1963, OAM has been a time to celebrate older Americans, their stories, and their contributions. Led by the

Administration for Community Living (ACL), the annual observance offers a special opportunity to learn about,

support, and recognize our nation's older citizens. This year's theme, "Age Out Loud," emphasizes the ways older

adults are living their lives with boldness, confidence, and passion while serving as an inspiration to people of all

ages.

Oneida Elder Services will use OAM 2017to focus on how older adults in our community are redefining agingthrough work or family interests, by taking charge oftheir health and staying independent for as long as

possible, and through their community and advocacy efforts. We can also use tbis opportunity to learn how we

can best support and learn from our community's older members.

Throughout the month, Elder Services will conduct activities and share information designed to highlight local

programs, resources, stories, etc. We encourage you to get involved with the activities which are all held at the

Congregate Meal Site and listed below:

1st, 11:30- Snap Chat- Youth from Oneida High School teaching elders snap chat

4th, 11 :00- Planting Presentation and give away a couple of raised garden boxes

8th, 1:00- Elder Fashion Show- Elders walk the runway with what they have made

9th, 11:00- Storytelling by Brian Doxtater

1Oth, 9:30- Dementia Awareness by our Dementia Specialist

11th, 12:00- Medicare Improvements for Patients and Providers Act (MIPPA) presentation

12th, 1:00- Elder Dance- Classic Memories Band

23rd, 12:15- Music of our Culture (MOC) Performance

24th, 9:30- Memory Screens by our Dementia Specialist

Join us as we speak up for #OAM 17 and #AgeOutLoud this May!

Here is the link for more information on Older Americans Month https://oam.acl.gov/index.html

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

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

Open Packet

Page 33 of 344

Oneida Nation

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

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __-__-__-_

Older Americans Month 2017

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 Nation Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida community includes older Americans who richly contribute to our community;

and

WHEREAS,

the Oneida Nation is committed to supporting Oneida Elders as they take charge of their

health, explore new opportunities and focus on independence; and

WHEREAS,

the Oneida Nation is committed to providing enrichment opportunities for Oneida people of

all ages; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation does hereby proclaim May 2017 to be older

Americans month.

BE IT FINALLY RESOLVED, that all Oneida Nation members are encouraged to take time during this

month to acknowledge the ongoing contributions made by Oneida elders to the history and future of the

Oneida Nation.

Open Packet

Page 34 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

4

/ 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Approve Resolution adopting Revenue Allocation Plan for FY 2017 per capita payment.

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:

Jo Anne House, Chief Counsel

Primary Requestor/Submitter:

Robert J. Collins, II, Attorney, Law Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Packet

Page 35 of 344

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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

Oneida, WI 54155

BC Resolution # __-__-__-_

Revenue Allocation Plan FY 2017

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee adopted BC Resolution #04-12-17-A which approved a

per capita payment of $1,300.00 to every enrolled member of the Oneida Nation f/k/a

Oneida Tribe of Indians of Wisconsin, in accordance with the Nation’s Per Capita law, for

Fiscal Years 2017, 2018, 2019, 2020 and 2021; and

WHEREAS,

the General Tribal Council adopted Resolution #08-11-97-A which approved a per capita

payment of $2,000.00 to each enrolled elder over the age of 62, in accordance with the

Per Capita law, to begin in Fiscal Year 1998; and

WHEREAS,

the General Tribal Council adopted Resolution #06-30-90-A which approved a per capita

payment of $500.00 to each enrolled elder over the age of 65 in accordance with the Per

Capita law, to begin in November 1994; and

WHEREAS,

the Oneida Trust Enrollment Committee is delegated responsibility to manage trust

accounts in accordance with the Per Capita law; and

WHEREAS,

the Oneida Trust Enrollment Committee approved the attached Revenue Allocation Plan

for Fiscal Year 2017 by motion on April 24, 2017; and

WHEREAS,

the Indian Gaming Regulatory Act states that net revenues from any Class II and III

gaming activities conducted or licensed by any tribe may be used to make per capita

payments to members of the tribe only if (1) the tribe has prepared a Plan to allocate

revenues for authorized uses and (2) the Plan is approved by the United States Assistant

Secretary of the Interior as adequate; and

WHEREAS,

the Revenue Allocation Plan for Fiscal Year 2017 ensures that not more than fifty percent

(50%) of the net gaming revenues shall be used for per capita payments to members;

and

WHEREAS,

the attached Revenue Allocation Plan for Fiscal Year 2017 is in compliance with the

Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. as the Plan demonstrates that the

Oneida Nation is dedicating a significant source of net gaming revenue for economic and

governmental purposes; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby approves and

adopts the attached Revenue Allocation Plan for Fiscal Year 2017.

Open Packet

Page 36 of 344

BC Resolution # __-__-__-_

Revenue Allocation Plan FY 2017

Page 2 of 2

49

50

51

BE IT FURTHER RESOLVED that upon adoption by the Oneida Business Committee, the attached

Revenue Allocation Plan for Fiscal Year 2017 and this resolution shall be presented to the United States

Assistant Secretary of the Interior for review and approval according to the Indian Gaming Regulatory Act.

Open Packet

Page 37 of 344

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Revenue Allocation Plan FY 2017

Summary

This resolution approves and adopts the Revenue Allocation Plan for Fiscal Year 2017 and

directs that it be presented to the United States Assistant Secretary of the Interior for review and

approval in accordance with the Indian Gaming Regulatory Act.

Submitted by: Clorissa Santiago, Staff Attorney, Legislative Reference Office

Analysis by the Legislative Reference Office

This resolution adopts a document which sets forth the allocation of tribal revenues for the

payment of general membership and elder per capita. These per capita payments were adopted

by the General Tribal Council through GTC Resolutions #06-30-90-A, #08-11-97-A, and #0412-17-A.

In accordance with the Indian Gaming Regulatory Act, gaming revenues must be used for

specific purposes and gaming revenues used to make per capita payments must meet certain

criteria. This Statement of Effect does not review the Revenue Allocation Plan for Fiscal Year

2017. That document has received review by an attorney during the drafting stages and for the

final document.

The resolution identifies that a specified sum of money will be utilized for a per capita payment

at the direction of the General Tribal Council. This budgeted impact has been assessed by the

General Tribal Council through the budgeting process of the Oneida Nation. Thus, the Oneida

Business Committee has been authorized to take the above action affecting the budget.

The action within this resolution is within the authority of the Oneida Business Committee. The

document being forwarded has received attorney review which is not included as a part of this

Statement of Effect.

Conclusion

There are no legal issues which would prohibit adoption of this resolution.

Page 1 of 1

Open Packet

Page 38 of 344

ONEIDA NATION

Revenue Allocation Plan

Fiscal Year 2017

Section I.

Resolution and Repeal of Inconsistent Legislation

This Revenue Allocation Plan ("Plan") was adopted pursuant to Oneida Business

Committee Resolution No. 04-26-17-A. With the exception of the Constitution of the

Oneida Nation f/k/a Oneida Tribe of Indians of Wisconsin (ANation@) and the Gaming

Compact of 1991 and its applicable amendments entered into by the Nation and State

of Wisconsin, this Plan shall govern the allocation of available net revenues from the

Nation’s gaming enterprises including per capita distributions to qualified members of

the Nation.

Section II.

Policy and Legislative History

This Plan is in compliance with the Indian Gaming Regulatory Act of 1988 [25 U.S.C.

'2701, specifically, '2710(b)(3)A-D] ("IGRA") and all other applicable federal law.

The Nation shall use revenues generated by its gaming establishments primarily to

strengthen the Nation’s government, its self-sufficiency and to support its economic

development. The Nation shall ensure that its governmental operations and programs

and its economic development shall receive the necessary financial support from net

gaming revenues prior to distributing such revenues for other purposes.

The Nation is committed to providing for its long range security and its members.

Accordingly, the Nation shall ensure that net gaming revenues are allocated toward

investments, programs and projects that impact not only present needs, but also

anticipate future needs. In addition, the Nation shall ensure that investments,

programs and projects funded by net gaming revenues are aimed toward improving

national conditions and the life opportunities of its members for the next seven

generations.

The Nation retains the inherent sovereign right to determine the best interests of its

minor members by providing for their future welfare by placing monies into trust for

the benefit of those minor members. The Nation shall provide for the future of minors

while encouraging parents to provide for the immediate living needs of their children

as is their responsibility.

The Nation is committed to the education of its children. Specifically, the Nation

seeks to increase the high school graduation rates of its members, and encourage its

members to pursue degrees in colleges, universities or vocational schools. Currently,

the Nation offers financial assistance to every eligible member for educational

purposes.

1

Open Packet

Page 39 of 344

Pursuant to Oneida Business Committee Resolution #04-12-17-A, a per capita

payment in the amount of $1,300.00 will be distributed to every enrolled member of

the Oneida Nation for Fiscal Years 2017 through 2021. The per capita distribution

will be referred to as the APer Capita Payment.@

Pursuant to General Tribal Council Resolution #08-11-97A, a per capita payment in

the amount of $2,000.00 will be distributed to every enrolled elder aged 62 and over

to begin in Fiscal Year 1998. Pursuant to General Tribal Council Resolution #6-3090-A, “To begin in November 1994 to make a per capita payment of $500 once each

year, with 5% inflation built into the schedule, to all living persons over the age of 65

by 10/31 of that year.” The 5% inflationary increase began in fiscal year 2003 and

was added every odd year thereafter, in addition to the $2,000 authorized by

Resolution #08-11-97A. The Oneida Trust Committee took action pursuant to Oneida

Trust Committee Resolution 6-25-13 to modify the 5% inflationary increase so that it

will now be applied every three years beginning in 2014. The 5% inflationary

increase will be applied every third year thereafter until such time as the Oneida Trust

Committee designates a new schedule of payment. Both elderly per capita

distributions will be referred to as the AElderly Per Capita Payment.@ The aged 65 and

over elderly per capita distribution pursuant to Resolution #6-30-90-A for fiscal year

2017 will be $703.54.

The Per Capita Payment and Elderly Per Capita Payment are being made to offer

financial assistance to all members of the Nation regardless of their employment with

the Nation.

The Oneida Business Committee, acting in its capacity as the delegated governmental

body of the Nation, is adopting this allocation plan in order to implement the abovereferenced General Tribal Council Resolutions. Copies of these resolutions and

motion are attached.

Section III.

Use of Net Gaming Revenues; Nation’s Governmental Operations and

Programs

A.

The Nation hereby allocates 26.61% of net gaming revenues in order to provide for

supplemental funding for governmental operations and programs. If it deems it

necessary, the Oneida Business Committee acting at the direction of the General

Tribal Council shall have the authority to revise and increase the percentage of net

gaming revenues allocated to funding for its governmental operations and programs.

B.

Governmental operations and programs to be supplementarily funded by net gaming

revenues under this Section shall include, but shall not be limited to, the following:

the Nation’s administration, capital improvements to its offices, public works

program, planning program, enrollment program, community health representative,

health services, Indian Health Services clinic, its Indian Child Welfare Act program,

clean-up program, education program, school food service programs, parenting

2

Open Packet

Page 40 of 344

program, summer youth workers' program, library, recreation program, elderly

program, veterans' symposium, arts and crafts program, and its cultural programs.

C.

The Oneida Business Committee forwarded the Fiscal Year 2017 budget to the

General Tribal Council with delegation of budget revision authority to the Oneida

Business Committee. Prior to the commencement of this fiscal year, the Oneida

Business Committee received budget reports and requests from each governmental

operation and program listed in Section III.B. The budget reports detailed: Past fiscal

year revenues, projected revenues, revenue sources, including the amount of net

revenues derived from gaming enterprises, past fiscal year expenditures and projected

expenditures, together with a detailed accounting for expenditures. The budget

reports also included budget requests including requests for supplemental funding

from net gaming revenues allocated to funding for the Nation’s governmental

operations and programs.

D.

The Oneida Business Committee, after receiving all budget reports and requests under

this Section, allocated those funds designated for its governmental operations and

programs. This allocation occurred with the adoption of the Nation's fiscal year

budget. The Oneida Business Committee shall be the sole decision making body to

any actions taken upon budget reports and requests and as to the allocation of funds

designated for its governmental operations and programs as delegated by the General

Tribal Council.

E.

The Oneida Business Committee disbursed those monies allocated to its governmental

operations and programs in accordance with the Nation's fiscal year budget referenced

in paragraph D above. Any disbursements made hereunder by the receiving

governmental operation or program shall be handled in a manner consistent with the

operation's or program's generally accepted accounting methods.

F.

Prior to the adoption of the Oneida Nation's fiscal year budget, the Oneida Business

Committee reviewed the budget reports and requests required in Paragraph C above

for the prior fiscal year, and any other reports prepared in accordance with generally

accepted accounting methods, to determine the actual amount of monies expended on

its governmental operations and programs in the prior fiscal year together with the

percentage of total net gaming revenues allocated to its governmental operations and

programs in the prior fiscal year. Such review was reported to the General Tribal

Council through Treasurer=s Reports.

Section IV.

A.

Use of Net Gaming Revenues; General Welfare of the Oneida Nation and

its Members

The Nation hereby allocates 40.23% of net gaming revenues in order to provide

supplemental funding for the general welfare of the Nation and its members. If it

deems it necessary, the Oneida Business Committee acting at the direction of the

General Tribal Council shall have the authority to revise and increase the percentage

3

Open Packet

Page 41 of 344

of net gaming revenues allocated to funding for the general welfare of the Nation and

its members.

B.

The Oneida Business Committee shall meet with their delegate or designee for its

social services to consider the social service and general welfare needs of its members

and to receive needs assessments and budget reports and requests of any of the

Nation’s social service program not included in Section III. These general welfare

programs shall include, but shall not be limited to, utility assistance program, funeral

assistance program, the Nation’s housing assistance program, higher education

program, elderly services, social services programs, health services and the food

distribution program. The needs assessments and budget reports and requests shall be

prepared in accordance with the requirements set forth in Section III.C., D., E. and F.

above, except that the General Tribal Council or the Oneida Business Committee may

waive the requirements set forth in Section III.F. above.

Section V.

A.

B.

Use of Net Gaming Revenues; Oneida Nation’s Economic Development

The Nation hereby allocates 6.30% of net gaming revenues in order to provide

funding for its economic development.

1.

If it deems it necessary, the Oneida Business Committee acting at the direction

of the General Tribal Council shall have the authority to revise and increase

the percentage of net gaming revenues allocated to funding for its economic

development.

2.

The General Tribal Council or the Oneida Business Committee acting at the

direction of the General Tribal Council, may, in its discretion, allocate net

gaming revenues allocated to funding for its governmental operations and

programs, funding for the general welfare of the Nation and its members,

donations to charitable organizations, and funding of local government

operations that have not been expended as of the last date of this fiscal year to

the purposes set forth in this Section.

"Nation’s economic development" shall include investment of net gaming revenues.

Investments of net gaming revenues allocated to its economic development shall be

made pursuant to an annual budget allocation for business development and pursuant

to an investment policy to be adopted by resolution of the General Tribal Council or

the Oneida Business Committee. At a minimum, this investment policy shall provide:

1.

That the net gaming revenues allocated to investment pursuant to Section V of

the Revenue Allocation Plan shall be weighted toward investments that

provide for the long term security of the Oneida Nation and its members.

2.

A description of the types of investments made;

4

Open Packet

Page 42 of 344

3.

A percentage allocation of equities and bonds;

4.

Investment objectives to be reviewed on a quarterly basis by the Oneida

Business Committee; and

5.

A list of investments that shall be excluded due to their lack of safety and

liquidity.

C.

Investments of net gaming revenues allocated to its economic development shall be

made with nationally recognized, reputable, and safe investment companies in

accordance with the Nation’s goal toward the long term economic security of itself

and its members. The Oneida Business Committee, in its discretion, may allocate the

interest earned on investments made pursuant to this Section in accordance with the

provisions of the Nation’s laws, IGRA or any other applicable federal law.

D.

The Oneida Business Committee acting at the direction of the General Tribal Council

shall have the authority to appropriate and expend net gaming revenues allocated to its

economic development to fund proposed economic development projects. The

Nation’s economic development proposals shall be considered in accordance with

existing procedures. The Oneida Business Committee acting at the direction of the

General Tribal Council shall thereafter allocate those net gaming revenues designated

for its economic development to the proposed economic development project as it

deems necessary and feasible.

E.

The Oneida Business Committee acting at the direction of the General Tribal Council

shall have the authority to appropriate and expend net gaming revenues allocated to its

economic development to supplement funding for ongoing economic development

enterprises. Requests for supplemental funding for the Nation’s ongoing businesses

and enterprises shall be considered in accordance with existing procedures. The

Oneida Business Committee acting at the direction of the General Tribal Council shall

thereafter allocate those net gaming revenues designated for its economic

development to the ongoing business or enterprise as it deems necessary and feasible.

Section VI.

Use of Net Gaming Revenues; Donations to Charitable Organizations

A.

The Nation hereby allocates 0% of net gaming revenues to provide funding for

donations to charitable organizations.

B.

The Oneida Business Committee acting at the direction of the General Tribal Council

shall consider requests for charitable donations under this Section. The Oneida

Business Committee acting at the direction of the General Tribal Council may show a

preference to such charitable donation requests that benefit the Nation’s members or

Indian people generally.

Section VII. Use of Net Gaming Revenues; Funding of Local Government Operations

5

Open Packet

Page 43 of 344

A.

The Nation hereby allocates 6.83% of net gaming revenues to provide supplemental

funding for local government operations.

B.

The Oneida Business Committee acting at the direction of the General Tribal Council

shall have the authority to utilize the net gaming revenues allocated to funding of

local government operations to assist local city and county governments in projects

and programs that affect the Nation. The Oneida Business Committee may show a

preference for such local government projects or programs that benefit its members or

Indian people generally. The Oneida Business Committee shall receive or initiate

proposals for projects or programs with local city or county governments and

negotiate the terms of such projects or programs in light of funds available under this

Section. To the extent that the local government projects or programs contributed to

under this section benefit non-Indians, the Oneida Business Committee may require

the local government to provide matching funds.

Section VIII. Use of Net Gaming Revenues; APer Capita Payment@ and AElderly Per

Capita Payment@

A.

In order to advance the personal health, safety and welfare of qualified members, the

Nation hereby allocates 20.03% to be paid to qualified members. Pursuant to Oneida

Business Committee Resolution #04-12-17-A, a per capita payment in the amount of

$1,300.00 will be distributed to or contributed in trust (as applicable) on behalf of

every enrolled member for fiscal years 2017 through 2021.

Pursuant to General Tribal Council Resolution #08-11-97A, a per capita payment in

the amount of $2,000.00 will be distributed to every enrolled elder aged 62 and over

to begin in Fiscal Year 1998. Pursuant to General Tribal Council Resolution

#6-30-90-A, a per capita payment in the amount of $500.00 will also be distributed to

every enrolled elder aged 65 and over. As authorized by Resolution #6-30-90-A, an

additional 5% may be built into the $500 per capita payment made to qualifying

elders, as was done in fiscal years 2003-2011. The Oneida Trust Committee took

action pursuant to Trust Committee Resolution 6-25-13 to modify the 5% inflationary

increase so that it will now be applied every three years beginning in 2014. The 5%

inflationary increase will be applied every third year thereafter until such time as the

Oneida Trust Committee designates a new schedule of payment. The aged 65 and

over elderly per capita distribution for fiscal year 2017 is $703.54.

In accordance with the United States Department of Interior's Rules and Regulations,

Part 290-Tribal Revenue Allocation Plan, Vol. 65, No. 53 Fed. Reg. 14467, (March

17, 2000), and for purposes of this Plan, "per capita payment" shall mean those

payments made or distributed to all of the Nation’s members, or, to identified groups

of members, which are paid directly from the net revenues of any gaming activity; no

other commonly accepted or used definition of the term "per capita payment" affects

the use of the term herein.

6

Open Packet

B.

Page 44 of 344

1.

Per capita payments to the Nation’s qualified members shall be made no later

than September 30, 2017, for the FY 2017 payment, or as soon thereafter as is

legally practicable based on the submission date to allow for the minimum

time for regulatory review of the Revenue Allocation Plan.

2.

The Elderly Per Capita Payment shall be made not later than September 30,

2017, for the FY 2017 payment, or as soon thereafter as is legally practicable

based on the submission date to allow for the minimum time for regulatory

review of the Revenue Allocation Plan.

3.

Upon approval of this Plan, all net revenue designated for distribution as per

capita payments shall be deposited into a low-risk interest bearing account

with a federally insured financial institution prior to distribution. Interest

earned prior to distribution on net gaming revenues deposited in this account

shall be deposited into the Nation=s General Fund for future use at the

discretion of the Oneida Business Committee as delegated by the General

Tribal Council.

The Nation’s "qualified members" for purposes of the "Per Capita Payment" shall

mean those individuals who are duly enrolled in the Oneida Nation f/k/a Oneida Tribe

of Indians of Wisconsin pursuant to Article II of the Oneida Nation's Constitution and

the Oneida Membership Ordinance established by General Tribal Council Resolution

#7-2-84-A. Pursuant to the Nation’s Per Capita law, an individual who is not a Tribal

member shall file a new enrollment application with the Trust Enrollment Department

no later than the close of business on January 31st in order to be considered eligible

for the following per capita payment. An individual is considered enrolled for the

purposes of a per capita payment if the individual has been approved for enrollment

by a vote of the Oneida Business Committee by March 31st. The "Nation’s qualified

members" who have attained the age of 62 for the $2,000 payment or 65 for the

additional $703.54 payment as of December 31 of the year in which the payment is

made are eligible for the Elderly Per Capita Payment.

1.

The Nation shall place into trust the per capita payments, or any portion or

percentage thereof, of any individual who is declared incompetent by the

Oneida Judiciary or another court of competent jurisdiction. The Oneida Trust

Enrollment Committee shall invest said funds pursuant to an Investment

Policy adopted by the Oneida Trust Enrollment Committee taking into account

the goals and purpose of the trust, appropriate time horizons for investment,

and liquidity needs of the trust.

2.

The Oneida Trust Enrollment Committee or its appointed agent shall have the

authority to order the disbursement of funds held in trust on behalf of any

individual who has been declared legally incompetent upon the petition of the

guardian of such individual. The Oneida Trust Enrollment Committee may

7

Open Packet

Page 45 of 344

require the petitioning guardian to submit receipts of expenditures made from

funds disbursed hereunder before any future disbursements are made. The

establishment of a regular monthly allowance for any individual declared

legally incompetent from the proceeds of any per capita payment placed into

trust under this Section shall be at the discretion of the Oneida Trust

Enrollment Committee or its appointed agent.

C.

In order to provide for the future safety and well-being of the children of the Nation,

the General Tribal Council authorized that per capita payments designated for minor

beneficiaries shall be deposited into a "Minors Trust Fund" established and invested

by the Oneida Trust Enrollment Committee pursuant to an Investment Policy adopted

by the Oneida Trust Enrollment Committee taking into account the goals and

purposes of the trust, appropriate time horizons for investment, and liquidity needs of

the trust.

1.

A "minor beneficiary" means an individual who is a qualified member of the

Nation as defined in Section VIII.B., except that he or she has not reached the

age of eighteen (18) as of September 1 of the year in which the per capita

payment is made.

2.

Payments into the "Minors Trust Fund" shall be deposited into the respective

trust account of the minor beneficiaries. Account market value statements

shall be available to the participant, parent, parents or legal guardian of the

minor qualified member.

3.

Except for those accounts subject to a deferred election as set forth in Section

VIII.C.5., each beneficiary shall receive one trust account maturity payment of

the monies accumulated in the "Minors Trust Fund," including interest, for

that particular beneficiary on such dates declared by the Oneida Trust

Enrollment Committee for the distribution of trust benefits, at least annually,

when the beneficiary has reached eighteen (18) years of age as of September

1st of the year in which the per capita payment is made and is eligible to claim

the trust account. In order for the request to be granted, the beneficiary must

submit a Trust Payment/Deferral Form to the Trust Enrollment Department by

July 1 requesting to receive all or a portion of the distribution and either (1)

provide the Trust Enrollment Department with an original or notarized copy of

his/her high school diploma, a high school equivalency diploma or a general

equivalency diploma on or before September 1 or (2) request his/her school or

academic institution provide proof of education directly to the Trust

Enrollment Department. It is the beneficiary’s responsibility to make all

arrangements with his/her school or academic institution to ensure proof of

education is received by the Trust Enrollment Department no later than

September 1st. Individuals who have reached twenty-one (21) years of age as

of September 1st of the year in which the per capita payment is made and

beneficiaries who have documentation of learning or other disabilities from a

8

Open Packet

Page 46 of 344

professional qualified to make such a diagnosis and who are able to present a

certificate of attendance showing twelve (12) years of school attendance are

exempt from the requirement to provide proof of the receipt of a high school

diploma or its equivalent in order to be eligible for a Minors Trust Fund

distribution. Additionally, funds for an adult declared legally incompetent

shall be put into a trust account for a legally incompetent adult. If the

foregoing requirements are not met within the prescribed time frames, the trust

funds shall not be eligible for disbursement until the next annual Uniform

Distribution Date the beneficiary qualifies for, unless the beneficiary meets the

requirements for a health, education or welfare distribution due to an

unforeseeable emergency in accordance with Section VIII.C.4. and the Per

Capita Trust Agreement.

D.

4.

The Oneida Trust Enrollment Committee shall have the authority to order

early distributions of any funds placed into the "Minors Trust Fund" on behalf

of a minor beneficiary prior to the age of twenty-one (21) upon proper petition

provided that the Oneida Trust Enrollment Committee determines that (1) the

distributed funds will be used solely for the health, education or welfare of the

beneficiary and (2) the distribution is a result of an unforeseeable emergency.

Any petition for such emergency distribution shall include: a detailed budget

of monies necessary for the beneficiary’s health, education or welfare; a

detailed justification for the need to expend trust funds to meet the

beneficiary’s health, education or welfare needs, including other possible

sources of funds or the lack thereof; a showing that the request is for an

unforeseeable emergency; and a showing that all other resources, including

federal, state, local, and tribal assistance, have been exhausted. The Oneida

Trust Enrollment Committee may also require that petitioners submit receipts

of expenditures made from funds disbursed hereunder before any future

disbursements are made. Request for a distribution under this section for a

beneficiary under the age of age eighteen (18) must be signed by the

beneficiary’s parent or legal guardian. Requests upon reaching age eighteen

(18) may be signed solely by the majority age beneficiary.

5.

Notwithstanding the regular maturity payments rules set forth above, the

Oneida Trust Enrollment Committee may, at its option, implement optional

deferral elections whereby trust beneficiaries (joined by a parent or guardian

as appropriate) may defer payment to a later date or dates; provided that the

Oneida Trust Committee may implement procedures and restrictions designed

to comply with IRS deferral requirements including, without limitation,

constructive receipt and economic benefit.

A newly enrolled Tribal member is eligible only for per capita payments authorized to

be distributed following the effective date of his or her enrollment; he or she is not

eligible to receive any per capita payments that were distributed prior to the effective

date of his or her enrollment.

9

Open Packet

Page 47 of 344

E.

A Tribal member who is dually enrolled with another Indian tribe is not eligible for a

per capita payment unless his or her relinquishment from the other tribe has been

processed and written verification that the member is no longer enrolled with that

tribe has been received by the Trust Enrollment Department by September 1st.

F.

The Oneida Business Committee or its appointed agent shall insure that notification of

the application of federal and/or applicable state tax laws to per capita payments be

made when such payments are made. The Oneida Business Committee or its

appointed agent shall also implement a procedure by which qualified members who

receive per capita payments can have applicable taxes automatically deducted from

per capita payments. The Oneida Business Committee or its appointed agent shall

include in the notice of the application of federal tax laws, a notice of the existence of

the withholding procedure.

G.

If any dispute arises out of the distribution of this per capita payment, all such matters

shall be resolved according to the procedures set forth in the Judiciary Law adopted

pursuant to General Tribal Council Resolution # 01-07-13-B.

Section IX.

Revision of Allocated Percentages

Any revision of the allocated percentages as set forth in Sections III through VIII shall be

documented by an Oneida General Tribal Council or Oneida Business Committee resolution,

a copy of which shall be provided to the Secretary of the Interior. Any revision under this

section is subject to Secretarial approval as required by the Indian Gaming Regulatory Act

(IGRA).

Section X.

Severability

If any section, or any part thereof, of this Plan or the application thereof to any party, person,

or entity or, in any circumstances, shall be held invalid for any reason whatsoever by a court

of competent jurisdiction, or by the Department of the Interior, the remainder of the section,

part or Plan shall not be affected thereby and shall remain in full force and effect as though

no section, or part thereof, has been declared to be invalid.

Section XI.

No Waiver of Sovereign Immunity.

Nothing in this Plan shall provide or be interpreted to provide a waiver of the Nation’s or any

of its governmental officers' and/or agents' sovereign immunity from suit.

Section XII. Amendment or Repeal of Plan

This Plan, and any section, part, and word thereof, may be amended or repealed only by an

Oneida Business Committee or Oneida General Tribal Council Resolution which requires a

two-thirds vote of the Oneida Business Committee or the Oneida General Tribal Council

10

Open Packet

Page 48 of 344

respectively. Any resolution adopted by the Oneida General Tribal Council or Oneida

Business Committee repealing the Plan will be forwarded to the Department of Interior. Any

resolution adopted by the Oneida General Tribal Council or Oneida Business Committee

which approves of amendments to the Plan will be forwarded to the Department of Interior

along with the subject amendments. Any repeal or amendment of the Plan under this section

is subject to Secretarial approval as required by the Indian Gaming Regulatory Act (IGRA).

Section XIII. Readoption is not Automatic if no Plan for Subsequent Fiscal Year.

If no Revenue Allocation Plan is prepared for the subsequent fiscal year, the terms of this

Plan shall not be automatically adopted, without any further General Tribal Council or

Oneida Business Committee action, to govern the allocation of net gaming revenues for the

subsequent fiscal year.

Section XIV. Effective Date

This Plan governs the distribution of any and all net gaming revenues occurring in fiscal year

2017 which began on October 1, 2016, and will end on September 30, 2017. This Plan

becomes effective upon adoption by the Oneida Business Committee of Resolution 04-26-17A and approval by the Area Director of the Bureau of Indian Affairs in accordance with the

United States Department of Interior's Rules and Regulations, Part 290-Tribal Revenue

Allocation Plan, Vol. 65, No. 53 Fed. Reg. 14467, (March 17, 2000), IGRA, and all other

applicable federal law. Accordingly, this Plan is effective on the 26th day of April, 2017.

11

The following items were deleted at the adoption of the agenda and/or

during the course of the meeting:

VI.

RESOLUTIONS

C. Adopt resolution entitled Emergency Amendments Reflecting Voting Age Change in

Election Law for 2017 General Election

Sponsor: Brandon Stevens, Councilman/Legislative Operating Committee Chair

XIII.

EXECUTIVE SESSION

D. UNFINISHED BUSINESS

4. Accept verbal update regarding Culture & Language reorganization; and request

update be brought back in ninety (90) days

Sponsors:

Tehassi Hill, Councilman; Brandon Stevens, Councilman; Jennifer

Webster, Councilwoman

E. NEW BUSINESS

2. Discuss request to reconsider appointment to Oneida Child Protective Board

Chair:

Dale Powless

Liaison:

Lisa Summers, Tribal Secretary

Open Packet

Page 83 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

4

/ 26 / 17

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:

Approve the April 5, 2017 LOC Meeting Minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. April 5, 2017 LOC Meeting Minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Packet

Page 84 of 344

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Business Committee Conference Room-2nd Floor Norbert Hill Center

April 5, 2017 9:00 a.m.

Present: Brandon Stevens, David P. Jordan, Jennifer Webster

Excused: Fawn Billie, Tehassi Hill

Others Present: Tani Thurner, Jennifer Falck, Candice Skenandore, Clorissa Santiago, Maureen

Perkins, Rae Skenandore, Krystal John, Robert Collins, Brad Graham, Norbert Hill Jr., Nancy

Barton, Bonnie Pigman, Gina Buenrostro, Ed Delgado, Danelle Wilson, Jeanette Ninham, Dale

Powless, Cathy Bachhuber, Jessica Wallenfang, Trish King

I.

Call to Order and Approval of the Agenda

Brandon Stevens called the April 5, 2017 Legislative Operating Committee meeting to

order at 9:02 a.m.

Motion by David P. Jordan to approve the agenda, removing the Business Committee

Meetings law and forwarding it to a work meeting, and moving Children’s Code to the

end of the agenda; seconded by Jennifer Webster. Motion carried unanimously.

II.

Minutes to be approved

1. March 15, 2017 LOC Meeting Minutes

Motion by David P. Jordan to approve the March 15, 2017 LOC meeting minutes;

seconded by Jennifer Webster. Motion carried unanimously.

III.

Current Business

1. Endowment Fund Amendments (01:23-12:36)

Motion by Jennifer Webster to approve the adoption packet and forward the

Endowment Fund Amendments to the Oneida Business Committee for consideration;

seconded by David P. Jordan. Motion carried unanimously.

2. Children’s Code (01:01:15-02:07:47)

Motion by David P. Jordan to approve the public meeting packet with the noted

change and forward the Child Welfare law to a public meeting to be held on May 4,

2017; seconded by Jennifer Webster. Motion carried unanimously.

Noted Change:

708.5-3. Jurisdiction over other Matters Relating to Children. If personal jurisdiction

over the child has been established under section 708.5-1 and section 708.5-2 the Court

may:

(a) terminate parental rights to a child;

(b) appoint, revise, and/or remove a guardian; and

(c) hold adoption proceedings.

Legislative Operating Committee Meeting Minutes of April 5, 2017

Page 1 of 3

Open Packet

Page 85 of 344

3. Business Committee Meetings Law

Item deleted at adoption of the agenda and deferred to a work meeting.

4. Drug and Alcohol Free Workplace Amendments (12:50-15:03)

Motion by Jennifer Webster to accept the Drug and Alcohol Free Workplace

Amendments public meeting comments; seconded by David P. Jordan. Motion

carried unanimously.

Motion by David P. Jordan to approve the adoption packet and forward the Drug and

Alcohol Free Workplace Amendments to the Oneida Business Committee for

consideration; seconded by Jennifer Webster. Motion carried unanimously.

5. Employment Law (15:15-21:42)

Motion by Jennifer Webster to approve the memorandum requesting the Oneida

Business Committee to direct the Oneida Personnel Commission to submit input

regarding the Employment Law by May 17, 2017 and forward this memorandum to

the Oneida Business Committee for consideration; seconded by David P. Jordan.

Motion carried unanimously.

6. Higher Education Scholarship (21:43-22:29)

Motion by Jennifer Webster to move the Higher Education Scholarship from high

priority to medium priority; seconded by David P. Jordan. Motion carried

unanimously.

7. Community Support Fund Amendments (22:43-24:06)

Motion by Jennifer Webster to approve the BC resolution extending the effective date

of the Community Support Fund Amendments and forward to the Oneida Business

Committee for consideration; seconded by David P. Jordan. Motion carried

unanimously.

Please note the extension is for a 120 days or September 8, 2017

8. Conflict of Interest Emergency Amendments (24:07-28:26)

Motion by Jennifer Webster to accept the Conflict of Interest Emergency

Amendments draft and analysis and direct the Legislative Reference Office to prepare

an adoption packet for an e-poll if HUD responds approving the draft prior to the

April 12, 2017 Oneida Business Committee meeting; seconded by David P. Jordan.

Motion carried unanimously.

IV.

New Submissions

1. Landlord-Tenant Rule No. 2 Certification – Income Based Rental Program

(28:33-42:12)

Motion by Jennifer Webster to certify Landlord-Tenant Rule No. 2 Certification –

Income Based Rental Program; seconded by David P. Jordan. Motion carried

unanimously.

2. Landlord-Tenant Rule No. 3 Certification – Elder Rental Program (42:13-42:49)

Motion by Jennifer Webster to certify Landlord-Tenant Rule No. 3 Certification –

Elder Rental Program; seconded by David P. Jordan. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of April 5, 2017

Page 2 of 3

Open Packet

Page 86 of 344

3. Eviction and Termination Rule No. 1 Certification – Disposal of Abandoned

Personal Property (42:51-48:15)

Motion by David P. Jordan to certify Eviction and Termination Rule No. 1

Certification – Disposal of Abandoned Personal Property; seconded by Jennifer

Webster. Motion carried unanimously.

4. Professional Conduct for Attorneys and Advocates (48:18-53:32)

Motion by David P. Jordan to add the Professional Conduct for Attorneys and

Advocates to the active files list as a high priority, with David P. Jordan as the

sponsor; seconded by Jennifer Webster. Motion carried unanimously.

5. Legal Resource Center (Emergency) (53:34-57:56)

Motion by Jennifer Webster to add the Legal Resource Center Emergency law to the

active files list as a high priority with Brandon Stevens as the sponsor; seconded by

David P. Jordan. Motion carried unanimously.

Motion by Jennifer Webster to remove the GTC Legal Resource Center Governing

Documents item from the active files list; seconded by David P. Jordan. Motion

carried unanimously.

V.

Additions

VI.

Administrative Updates

1. LOC Meeting SOP (58:04-59:38)

Motion by Jennifer Webster to accept the LOC Meetings SOP as information;

seconded by David P. Jordan. Motion carried unanimously.

2. FY17 Second Quarter Report (59:43-01:01:10)

Motion by David P. Jordan to approve the FY17 Second Quarter report and forward

to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by David P. Jordan to adjourn the April 5, 2017 Legislative Operating Committee

meeting at 11:18 a.m.; seconded by Jennifer Webster. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of April 5, 2017

Page 3 of 3

Open Packet

Page 87 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

I 26 I 17

04

2. General Information:

Session:

1ZJ Open D Executive- See instructions for the applicable laws, then choose one:

Agenda Header:

!standing Committees

D Accept as Information only

IZI Action - please describe:

BC approval of Finance Committee Meeting Minutes of April17, 2017

3. Supporting Materials

D Report

D Resolution

0

Contract

IZJ Other:

1.'1F-C-E--P-o-1-1a-p-p-ro-v-in-g-4/_1_7_/1_7_M-in-u-te-s------,

3.

2.1 FC Mtg Minutes of 4/17/17

4.

D Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

D Budgeted -Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor/Liaison:

~~T_ri_sh_Ki~n~g,~T_r_ib_a_IT~r~ea~s~u~re~r---~-~~~~~--~~~-~~

Primary Requestor:

Denise Vigue, Executive Assistant /Finance Administration

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Open Packet

Page 88 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Oneida Business Committee approval is required to approve all Finance Committee meeting actions as the FC is

a standing committee of the OBC.

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

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

Open Packet

Page 89 of 344

ONEIDA NATION

P.O. Box 365

Oneida, WI 54115

MEMORANDUM

TO: Finance Committee

CC: Business Committee

FR: Denise Vigue, Executive Assistant

DT: April 18, 2017

RE: E-Poll Results of: FC Meeting Minutes of April 17, 2017

An E-Poll vote of the Finance Committee was conducted to approve the

April 17, 2017 Finance Committee meeting minutes. The results of the

completed E-Poll are as follows:

E-POLL RESULTS:

There was a Majority 6 YES votes from Wesley Martin, Jr., Jennifer

Webster, Patrick Stensloff, Larry Barton, David Jordan and Chad Fuss to

approve the April 17, 2017 Finance Committee Meeting Minutes.

The minutes will be placed on the next BC agenda of April 26, 2017 for

approval and the next Finance Committee agenda of May 1, 2017 to ratify

this E-Poll action.

Yaw^ko

__________________________________________________________________________________________________________________________________________________________

* Per the Finance Committee By-Laws Article III-Meetings, 3-4 Quorum. Four (4) members of the Finance Committee shall

constitute a quorum & 3-6 Voting. (d) The Finance Committee shall act by a majority of vote of the quorum present at any

meeting.

Finance Administration Office

Phone: 920- 869-4325

FAO@oneidanation.org

Open Packet

Page 90 of 344

ONEI D A FI N ANCE COM M I TTEE

FC WORK MEETING

Apr. 17, 2017 – 9:00 A.M.

BC Conference Room

REGULAR MEETING

Apr. 17, 2017 – 10:00 A.M.

BC Executive Conference Room

REGULAR MEETING MINUTES

FC Work Meeting:

Patricia King, Treasurer/FC Chair

Patrick Stensloff, Purchasing Director

Larry Barton, CFO/FC Vice-Chair

Wesley Martin, Jr., Community Elder Member

Excused: David Jordan, BC Council Member, Jennifer Webster, BC Council Member and Chad

Fuss, Gaming AGM/FC Alternate

Others Present: and Denise Vigue, taking notes

FC Regular Meeting:

Patricia King, Treasurer/FC Chair

Jennifer Webster, BC Council Member

Chad Fuss, Gaming AGM/FC Alternate

Wesley Martin, Jr., Community Elder Member

Larry Barton, CFO/FC Vice-Chair

David Jordan, BC Council Member

Patrick Stensloff, Purchasing Director

Others Present: Tim Skenandore, Nate Villarreal, Tamara Van Schyndal, Joanie Buckley, James

Sommerfeldt, Louise Cornelius, David Cluckey and Denise Vigue, taking minutes

I.

Ca ll t o O r d e r: The FC regular meeting was called to order by the FC Chair at 10:04 A.M.

II.

Ap p ro v a l o f Ag e n d a: APRIL 17, 2017:

Motion by Wesley Martin, Jr. to approve the Finance Committee agenda for Apr. 17, 2017 with

one ADD On under Follow Up #3. Seconded by Jennifer Webster. Motion carried unanimously.

III.

Ap p ro v a l o f M in u t es: APRIL 3, 2017 (approved via FC E-Poll on 4/4/17):

Motion by Patrick Stensloff to ratify the FC E-Poll action of Apr. 4, 2017 approving the Finance

Committee meeting minutes of Apr. 3, 2017. Seconded by David Jordan. Motion carried

unanimously.

IV.

T ab le d Bu sin e ss: None

V.

Cap it al Ex p en d it u r e s : No requests

VI.

New B u s in es s:

1. Filtration Concepts Inc.

Tim Skenandore, Gaming Facilities

Tim Skenandore was present to explain this request to increase the current Purchase Order in

order to install a more efficient system for cleaner air at the Casinos; he discussed the ROI as

well as specific use of cottonwood screens to cut down on area plant spores that cause allergies.

Motion by Larry Barton to approve the Filtration Concepts, Inc. Purchase Order increase to bring

the total of PO to $150,000.00. Seconded by David Jordan. Motion carried unanimously.

2. Faith Technologies (non-budgeted)

Nathanial Villarreal, Gaming MIS

A handout was provided and there was extensive discussion between the Finance Committee,

MIS, OGC, and Gaming Management over the cost over the surveillance project including: the

current OGC technical set aside already approved; issue of current cabling not up to building code

Page 1 of 3

Finance Committee Meeting Minutes of April 17, 2017

Open Packet

Page 91 of 344

as well as possible remedies for location of funds in current FY17 budget, putting costs for cabling

in future budget plans, or purchasing and utilizing analog encoders for a short term fix. This is a

non-budgeted cost for cabling for $646,155.00. It was noted that the Gaming Expansion CIP was

now complete and under budget and could partially fund this request as project is not closed out,

but would possibly need to go to GTC to approve; another suggestion was to utilize the Bally

Upgrade fund and current Surveillance budget set aside for the cabling; or budget in future budget

of these expenses; if funds come from FY17 it will be noted that a procedural exception has to be

made for use from other budget lines.

Motion by Larry Barton to utilize the Bally Upgrade Capital Expenditure line to fund $338,280 for

this request and utilize the FY17 Surveillance Set Aside to fund $307,875 for this request; that

Gaming close out the CIP Renovation Project; and priority is place on the technology set aside in

FY18 for the unfunded balance for the Surveillance Project. Seconded by Chad Fuss. Motion

carried unanimously.

VII.

E xe cu t iv e Se s sio n : No requests

VIII.

Don at i o n Re q u est:

1. Woodland Indian Art, Inc.- Art Show & Market

Melissa Nuthals, WIA Board Treasurer

Loretta Webster was present to explain funds to be used to underwrite $5,000 of radio spots

which has in the past been very successful; each year more and more people are participating

and attending; show coincides with the Annual Oneida Powwow and this year the LPGA.

Motion by David Jordan to approve from the Finance Committee Donation Line $2,500 for use by

the Woodland Indian Art, Inc. to benefit their June/July Show & Market. Seconded by Wesley

Martin, Jr. Motion carried unanimously.

IX.

Foll o w Up :

1. Global Market Advisors LLC

Engineering Dept. & Gaming Administration

The 3 bid process was completed with six firms included, the top three and all the backup are in

the FC packets.

Motion by David Jordan to approve this request for services from Global Market Advisors LLC in

the amount of $85,000.00. Seconded by Jennifer Webster. Motion carried unanimously.

2. Cash Supply Advance-Powwow Judging

Tonya Webster, PWC

Motion by David Jordan to accept the follow up memo from the Powwow Committee as FYI.

Seconded by Wesley Martin, Jr. Motion carried unanimously.

3. ADD ON: Resolution-Creation of the Education Endowment in Accordance with the Endowment Law

Patricia King, Treasurer

The Finance Committee has in their work meetings been reviewing various Endowments for

activities related to Education and Language including this resolution; the next step in the process

would be to move this along for further dialog with affected entities/areas including the Trust

Committee, OBC, School Board and Governmental Services (Cultural Heritage).

Motion by Wesley Martin, Jr. to request the Treasurer move forward this resolution regarding the

Creation of the Education Endowment in Accordance with the Endowment Law on to the

respective areas affected to begin the discussion for agreement and or changes so it can move

forward in the process for public input, notice and approval. Seconded by David Jordan. Motion

carried unanimously.

Page 2 of 3

Finance Committee Meeting Minutes of April 17, 2017

Open Packet

X.

Page 92 of 344

Other:

1. Finance Committee’s Second Quarter Report to the BC

Larry Barton, CFO

Motion by Jennifer Webster to accept the Second Quarter Report of the Finance Committee.

Seconded by David Jordan. Motion carried unanimously.

Motion by David Jordan to change the format of report summary list of the Community Fund in

the Quarterly Reporting to remove the names of the children and having only the requestor

(parent) name included. Seconded by Wesley Martin, Jr. Motion carried unanimously.

XI.

FY I an d / o r T h an k Y o u : No items

XII.

Ad jo u r n : Motion by David Jordan to adjourn. Seconded by Wesley Martin, Jr. Motion carried

unanimously. The regular Finance Committee meeting ended at 11:09 A.M.

Minutes taken & transcribed by:

Denise Vigue, Executive Assistant to the CFO

& Finance Committee Contact/Recording Secretary

Finance Committee- E-Poll Minutes Approval Date:

April 18, 2017

Oneida Business Committee’s FC Minutes Approval Date:

Page 3 of 3

Finance Committee Meeting Minutes of April 17, 2017

Open Packet

Page 93 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 / 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Appointments

Accept as Information only

Action - please describe:

Accept the Oneida Election Board recommendation and appoint five (5) Oneida Election Board Alternates for

the 2017 Elections:

Melinda K. Danforth, Peril Huff, Shannon King, Rosa Laster, and Patricia Moore

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Memo dated 4/18/2017 from OEB Chair

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Lisa Liggins, Executive Assistant II

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Racquel Hill, Election Board Chairperson

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Packet

Page 94 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

**BACKGROUND**

At a regular meeting of the Oneida Election Board (OEB) on April 11, 2017, action was taken for the OEB Chair to

contact the OBC Secretary to secure the necessary amount of alternates needed for the 2017 Elections.

For the 2017 Elections, one OEB member recused themselves, leaving eight (8) regular OEB members. The

Election Law requires six (6) OEB members at each polling site.

**POSTING AND APPLICANT INFORMATION**

The OEB posted for eight (8) Election Board Alternates for the 2017 Elections. The OEB needed one (1) alternate

to serve on the OEB due the recusal, four (4) alternates to assist with polling sites in Milwaukee and Oneida, and

three (3) alternates to be on standby for emergency purposes only.

The posting closed at 4:30 p.m. on Wednesday, April 19, 2017. Five (5) applications were received. The

applicants were: Melinda K. Danforth, Peril Huff, Shannon King, Rosa Laster, and Patricia Moore.

The applications have been reviewed and all applicants are qualified. The OEB recommends the following

applicants for the appointment: Melinda K. Danforth, Peril Huff, Shannon King, Rosa Laster, and Patricia Moore.

**REQUESTED ACTION**

Accept the Oneida Election Board recommendation and appoint five (5) Election Board Alternates for the 2017

Elections.

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

Open Packet

Page 95 of 344

Oneida Nation

Oneida Election Board

MEMORANDUM

To:

Business Committee

From:

Racquel Hill, Election Board Chairperson RH

Date:

April 18, 2017

Subject: Request for Alternates

At a regular meeting of the Election Board of April 11, 2017, formal action was taken for me as

Chair to contact the BC Secretary’s Office to secure the necessary amount of alternates needed

for the 2017 primary and general election.

There was one Board member recusal due to a direct conflict of interest with an applicant. The

Election Board has requested to have a total of eight (8) alternates available as five (5) are

needed to assist with elections in Milwaukee and Oneida and three (3) will be utilized to have

on standby for emergency purposes.

The Board has worked with the Secretary’s Office and had a posting for a week so that the

alternates will be able to be sworn in by the April 26th BC meeting as the primary is set to take

place on May 6th.

Thank you for your time and consideration in regards to this matter.

PO Box 365 • Oneida, WI 54155-0365

oneida-nsn.gov

Open Packet

Page 96 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 I 26 I 17

2. General Information:

Session:

[8] Open 0 Executive- See instructions for the applicable laws, then choose one:

AgendaHeader:

0

~~A~p~p_o_in_t_m_e_n_ts____________________________________________________~

Accept as Information only

[8] Action - please describe:

BC approval to appoint Isaiah Skenandore and Albert Manders to the Environmental Resource Board.

3. Supporting Materials

0

Report

0

0 Resolution

Contract

[8] Other:

1.1r-M_e_m_o___________________,

3.

4.

2.

O Business Committee signature required

4. Budget Information

D Budgeted -Tribal Contribution

D Budgeted- Grant Funded

5. Submission

Authorized Sponsor I Liaison:

Cristina Danforth, Tribal Chairwoman

Primary Requestor/Submitter:

Tammy M. Skenandore, Senior Policy Advisor

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

D Unbudgeted

Open Packet

Page 97 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

See memo with all the information required.

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

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

Open Packet

Page 98 of 344

~

Oneida Nation

Oneida Business Committee

PO Box 365 • Oneida. WI 54155·0365

oneida·nsn.gov

TO:

ONEIDA BUSINESS COMMITTEE

FROM:

CHAIRWOMAN CRISTINA DANFORTH L

DATE:

APRIL 18, 2017

RE:

ONEIDA ENVIRONMENTAL RESOURCE BOARD

ONEIDA

1\?)10

There are 3 applicants for 2 vacancies on the Oneida Environmental Resource Board. The

applicants are:

Megan White

Isaiah Skenandore

Albert Manders

The candidates are qualified to serve. In accordance with the Article VI., Section 6-2 © of the

Comprehensive Policy Governing Boards, Committees and Commissions, I recommend Isaiah

Skenandore and Albert Manders to be appointed to serve on the Oneida Environmental

Resource Board.

A good mind. A good heart. A strong fire.

Open Packet

Page 99 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04

I 26 I 17

2. General Information:

Session:

[g) Open D Executive- See instructions for the applicable laws, then choose one:

AgendaHeader:

LIA~p~p_o_in_tm

__e_n_ts____________________________________________________~

D Accept as Information only

[g) Action -please describe:

BC approval to appoint Carol Silva and Benjamin Skenandore to the Oneida Nation Veterans Affairs

Committee.

3. Supporting Materials

D Report

D Contract

D Resolution

18] Other:

1.r1M_e_m_o------------------------------.

2.

3.

4.

D Business Committee signature required

4. Budget Information

D Budgeted -Tribal Contribution

D Budgeted -Grant Funded

5. Submission

Authorized Sponsor I Liaison:

Cristina Danforth, Tribal Chairwoman

Primary Requestor/Submitter:

Tammy M. Skenandore, Senior Policy Advisor

Your Name, Title/ Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

D Unbudgeted

Open Packet

Page 100 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

See memo with all the information required.

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

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

Open Packet

Page 101 of 344

Oneida Nation

Oneida Business Committee

PO Box 365 • Oneida. Wl54155-0365

onelda-mn.gov

TO:

ONEIDA BUSINESS COMMITTEE

FROM:

CHAIRWOMAN CRISTINA DANFORTH

DATE:

APRIL 18, 2017

RE:

ONEIDA NATION VETERANS AFFAIRS COMMITIEE

r'\

OOODOa=

ONEIDA

There are 6 applicants for 2 vacancies on the Oneida Nation Veterans Affairs Committee. The

applicants are:

Loretta Metoxen

Michael Hill

Carol Silva

Dale Webster

Robert Klitzka

Benjamin Skenandore

The candidates are qualified to serve. In accordance with the Article VI., Section 6-2 © of the

Comprehensive Policy Governing Boards, Committees and Commissions, I recommend Carol

Silva and Benjamin Skenandore to be appointed to serve on the Oneida Nation Veterans Affairs

Committee.

A good mind. A good heart. A strong fire.

Open Packet

Page 102 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

4

I 26

I 17

2. General Information:

Session:

D

x Open C::: Executive- See instructions for the applicable laws, then choose one:

AgendaHeader:

Llo_a_t_hs_o_f_O_ff_i_c_e______________________________________________________~

D Accept as Information only

[gJ Action -please describe:

Reconsideration

3. Supporting Materials

D Report

D Resolution

D Contract

[gJ Other:

1.,.-0_C_P_B_B_y--L-a_w_s_ _ _ _ _ _ _ _ _ _ ____,

3.

4.

2.1Reconsideration Letter

D Business Committee signature required

4. Budget Information

[gJ Budgeted -Tribal Contribution

D Budgeted -Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor/ Liaison:

LIL_is_a_S_u_m_m

__

er_s_,T_r_ib_a_I_Se_c_r_et_a~ry__________________________________~

Primary Requestor/Submitter:

Dale Powless, Chair Child Protective Board

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of 2

Open Packet

Page 103 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Requesting reconsideration for Lois Strong as an Oneida Child Protective Board Member, due to education,

experience, and years of service.

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

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of2

Open Packet

Page 104 of 344

Memo To: Oneida Business Committee

From:

Dale Powless, Chair Oneida Child Protective Board

Date:

17 April2017

Subj:

Reconsideration of Selection

We request that you reconsider Lois Strong for an OCPB position. According to the OCPB

Bylaws, the Board reviews each candidate and makes a selection based on a point system. The

candidates selected are then sent to the OBC Chairperson for review. Attached is information

from bylaws & process for scoring packet

Reasons for Reconsideration:

•

•

•

•

•

•

•

•

•

•

•

•

•

•

We are aware previous selections by Chairperson have been changed before a person was

swomm.

Served on the OCPB team with Tribal attorneys who developed the Oneida Children's Code

which is being considered with the LOC

Is a valuable tribal member to serve on committee to provide analysis on pending review of

Oneida Children's Code.

Is a tribal elder very familiar with family structures in Oneida and the role of the Elders.

Knowledge of Oneida community since grass roots growth of Oneida to cunent years with

influx of social and health services to community members and economic growth on the

reservation.

Has served on OCPB starting in 1984 for 10 years and more recently for pastl 0 years

Has demonstrated that she considers what is in the best interest of the child when making

decisions

Licensed Social Worker

Complexity of the new laws are complex and Ms. Strong knowledgeable in this area

Has a Bachelors and Master's degree in psychology, social work, social welfare community

development.

Has completed years of service in social work, social welfare community development field

Is eligible to serve as a Qualified Expert Witness (QA W) in state comi systems regarding

children placed outside of the home.

Valuable member of the Oneida community and is knowledgeable of tribal organizational

structure

Knowledgeable of resources available to meet the needs of children and families.

Please contact me as soon as possible at 920-445-1154 or 869-1059. Thank you for your

consideration in this request.

Open Packet

Page 105 of 344

ONEIDA CHILD PROTECTIVE BOARD

BYLAWS

Article I. Authority

Sec. 1-1. N arne. The name of this board shall be the Oneida Child Protective 'Board, hereinafter

refen·ed to as the "Board".

Sec. 1-2. Authority.

A. Indian Child Welfare Act. By the authority of the Oneida Business Committee, the Board

was established by the Oneida Child Protective Board Ordinance on September 25, 1981.

This ordinance vests the Board with the authority over child custody and placement

proceedings. All authorities and responsibilities subject to delegation confened upon the

Oneida Tribe oflndians ofWisconsin, hereinafter refened to as the "Tribe", by the Congress

of the United States under the Indian Child Welfare Act are hereby delegated to the Board

to be administered pursuant to the Indian Child Welfare Act and the rules and regulations

promulgated thereunder. The Board stands in place of a tribal court and is a decision making

body.

B. Child Care Providers. By the authority of the Oneida Business Committee, the Board

shall also be the original hearing body for all challenges to certification decisions for child

care providers made by the Oneida Child Care Deprutment. The Board shall implement

Tribal policies, resolutions, codes and ordinances regru·ding child welfare.

Section 1-3. Offices. The office of the Board shall be located within the exterior boundaries of the

Oneida Reservation and its mailing address shall be Post Office Box 365, Oneida, WI 54155.

Section 1-4. Membership. The Board shall be composed of seven (7) members appointed by the

Oneida Business Committee by resolution. Each member shall have one vote. The Chair shall vote

when there is a tie. The Board shall act by a majority vote of the quorum present at any meeting.

A. Selection of Board Members.

1. Any Tribal member who is emolled with the Tribe and is eligible to vote in the

elections of the Tribe may apply to be on the Boru·d.

2. Members must reside in Brown or Outagamie County.

3. Relevant experience or education considered for membership is listed in

alphabetical order:

a. Employment related to child protection matters.

b. Foster pru·enting experiences.

c. Guru·dian Ad Litem experiences.

d. High School Diploma/ GED.

e. Kinship/ family, cru·e expedences i.e., grandchildren, nieces, nephews, and

elders.

f. Previous Oneida Child Protective Board experience.

g. Post Secondary Training preferred.

4. An individual must obtain and file a complete application with the Tribal

1

Open Packet

Page 106 of 344

Secretary's office. The Tribal Secretary's office shall forward copies of all

applications under consideration to the Board. Within fifteen days, the Board shall

retum all applications and submit the name of a candidate whom they recommend.

The candidate's name will be submitted, along with all other names of qualified

applicants, to the Oneida Business Committee for final selection and approval in

accordance with the Comprehensive Policy Goveming Boards, Committees and

Commissions.

5. Board terms shall be for four years.

B. Restrictions on Membership:

1. A member shall not have a previous record of child abuse, neglect, or

abandonment for the past ten (1 0) years.

2. Employees of the Indian Child Welfare Department shall not serve as Board

members.

3. Any member desiring to resign from the Board must submit their resignation in

writing with a thhty (30) days notice, to the Board. The Board will send this

resignation to the Oneida Business Committee.

4. Any member causing discredit to the Board, or violating the provisions of these

By-Laws, will be required to resign by action of the Board. The Board will send this

resignation to the Oneida Business Committee.

5. If a member fails to attend three (3) consecutive meetings without notification or

justification, he/she shall be required to resign. The Board will send this resignation

to the Oneida Business Committee.

6. In the event an Board member refuses to resign, the Board will refer to the

Comprehensive Policy Governing Boards, Committees and Committees section 6-5.

7. When a resignation occurs, the procedures set forth in the selection of new

members will be adhered to.

Sec. 1-5. Purpose. In accordance with the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., the

purpose of the Board is to protect the best interests of Oneida children and to promote the stability

and security of Oneida families by the establishment of minimum standards for the removal of

Oneida children from theh· families. When placements of such children in foster or adoptive homes

or facilities are necessary, these homes must reflect the unique values of Indian culture. For this

purpose, the Board may intervene in federal, state, and county courts concerning the following

proceedings: foster care placement, termination of parental rights, pre-adoptive placement, adoption

and out of home placement.

Sec.1-6. Duties. The functions ofthe Board include, but are not limited to, the following:

A. The Board is a decision making body which protects the best interests of Oneida children.

B. The exercise of the delegated authorities and responsibilities shall be under the

jurisdiction ofthe Board, provided that the provisions of the Indian Child Welfare Act and

the mles and regulations promulgated thereunder shall guide Board actions.

C. Individual Board members must adhere to all policies and procedures of the Board, must

attend all meetings unless excused, must take part in discussion of all matters coming before

the Board and are responsible for keeping infonned on cases discussed.

2

Open Packet

Page 107 of 344

D. All inquiries to the Board shall be submitted in writing to the Chair. No one individual

Board member will respond on behalf of the Board unless directed to do so by the Board.

E. The Board shall serve as the original hearing body in matters conceming decisions by the

Oneida Child Care Department regarding the issuance of child care provider certification.

All hearings before the Board shall be conducted pursuant to the procedures contained in

section 1.10-1. of the Oneida Administrative Procedures Act.

F. As stated in the Oneida Child Pmtective Board Ordinance enacted on September 25,

1981, the Oneida Business Committee is ready at all times to assist the Board in their

relationships with state and tribal governments, agencies, and organizations, when called

upon by the Board.

Article II. Officers

Sec. 2-1. The officer positions ofthe Board are Chair, Vice- Chair, and Secretary.

Sec. 2-2. Officers shall be elected by Board members at the end of each fiscal year.

Sec. 2-3. Officers shall have sign-off authority for Board approved expenditures up to $10,000.00

for budgeted items and up to $5,000.00 for unbudgeted or budgeted but sole source items.

Sec. 2-4. Chair Duties.

A. The Chair shall preside at meetings and oversee all activities.

B. The Chair shall be responsible for any issues requiring further discussion or planning.

C. The Chair shall oversee all duties and responsibilities of the Board.

D. The Chair shall serve as the official spokesperson for the Board.

E. All information and/or questions relating to the Board shall be refen·ed to the Chair in

written form.

F. The Chair shall schedule all Board meetings.

Sec. 2-5. Vice-Chair Duties.

A. The Vice-Chair shall preside over the Board in the absence of the Chair.

B. The Vice-Chair shall assist the Chair when called upon to do so.

Sec. 2-6. Secretary Duties.

A. The Secretaty shall be responsible for all conespondence and shall keep accurate records

of all formal actions taken at all Board meetings.

B. The Secretary shall maintain a confidential file system.

C. The Secretaty shall properly and promptly record, complete, file and submit minutes for

approval for all Board meetings.

D. The Secretary shall be responsible for follow-up cases with the Indian Child Welfare

Department and the Oneida Law Office. All follow-up conespondence shall be submitted,

in written form, at the next scheduled Board meeting.

Sec. 2-7. Personnel. If it is determined by a majority of the Board that support staff is needed to

3

Open Packet

Page 108 of 344

help the Board cany out essential functions, then the Board may hire such support staff. All

personnel shall be hired in accordance with the procedures of the Oneida Human Resources

Department and shall be contingent upon funding allocations.

Article III. Meetings

Sec. 3-1. The Board shall hold weekly meetings. Dates and times shall be determined by the Board

members.

Sec. 3-2. The Chair may call a Special meeting at any time.

Sec. 3-3. Four of the seven Board shall constitute a quorum.

Sec. 3-4. If a quorum is not present within fifteen (15) minutes of the scheduled meeting time, the

meeting will be canceled.

Sec. 3-5. If a member cannot attend any meeting, an Board officer must be informed before the

scheduled meeting. If there is no contact by the Board member before the scheduled meeting, the

Board member will be recorded as unexcused for that meeting.

Sec. 3-6. All meetings shall be closed when a case is being deliberated or where the Board is acting

in an administrative capacity which is directly related to a child custody and placement proceeding.

Sec. 3-7. Board motions/recommendations shall be signed by the designated Board officer at the

Board meeting.

Article IV. Reporting

Sec. 4-1. Agenda. The items on the agenda at all regularly scheduled meetings shall be as follows:

A. Call to order.

B. Secretary shall be responsible for sign-in sheet.

C. Status Reports/Update.

D. Attorney Business.

E. Board Business.

F. Approval of minutes.

G. Adjournment.

Sec. 4-2. Minutes. The Secretary shall maintain the minutes of each Board meeting in chronological

order.

Sec. 4-3. Other Materials. Handouts, reports, memoranda, and the like may be attached to the

minutes and agenda, or may be kept separately, provided that all materials can be identified to the

meeting in which they are presented. The Secretary shall provide a copy of these materials if such

materials are not confidential in nature.

4

Open Packet

Page 109 of 344

Sec. 4-4. Hearings. The Recording Clerk of the Board shall maintain and make available to the

Appeals Commission when necessary all written opinions that the Board generates in resolving Child

Care Providers disputes that come before the Board.

Sec. 4-5. Repo1i to the Oneida Business Committee and the Oneida General Tribal Council. The

Chair and his or her designee shall report directly to the Oneida Business Committee, and the

General Tribal Council on behalf of the Board. The reports to General Tribal Council shall be made

regularly, at times to be determined by the Oneida Business Committee.

Article V. Responsibilities

Sec. 5-l, Confidentiality. Confidentiality is of utmost importance to the Board and will be strictly

adhered to, in accordance with the Privacy Act of 1974. All Board members and any person

involved in a case will respect the confidentiality of all case matedal.

Sec. 5-2. Professionalism. All members of the Board will conduct themselves in a professional

manner. Any person involved in a hearing/meeting will respect the opinions and views of others.

No person under the influence of drugs or alcohol will be permitted to attend any Board meetings

or hearings. No Board member under the influence of drugs or alcohol will be allowed to attend any

Board meetings, hearings, or any other ftmction when acting as a representative of the Board.

Sec. 5-3. Conflict of Interest. If the Board, by the majority vote, detetmines that a conflict of

interest exists, the affected member shall be excluded from the Board discussion and decision on any

related case.

Sec. 5-4. Review. It is the responsibility of each Board member to carefully and objectively review

all information for each case presented to the Board, prior to the meeting.

Sec. 5-5. Training. Members of the Board shall be required to patticipate in continuing training

including orientation, Board training, conferences and workshops pertinent to the Indian Child

Welfare Act. Members ofthe Board will also receive and be familiar with the laws and regulations

pertaining to child care providers and hem·ing procedures as set fmih in section 1.1 0-1. ofthe Oneida

Administrative Procedures Act. Each Board member will receive the By-Laws, Policies and

Procedures, the Indian Child Welfare Act and other pertinent material.

Sec. 5-6. Budget. It is the responsibility of the Board to develop and submit a fiscal yem· budget to

the Oneida Business Committee within the time frame of the Tribe budgeting process.

Article VI. Challenges to Oneida Child Protective Board Actions Re: Indian Child Welfare

Sec. 6-1. The Board may conduct an Executive meeting to determine or modify any issue or

recommendation affecting the welfat·e of a child determined to be eligible for services.

Sec. 6-2. The Board action may be taken at Regular or Special meeting if no testimony or dispute

5

Open Packet

Page 110 of 344

is apparent concerning any matter of child welfare. However, any aggrieved person having a

protected interest in the child may request an Executive meeting with the Board.

Sec. 6-3. Testimony and deliberations of the Board shall not be part of any public record, except that

a synopsis of any contested matter shall be part of the case file.

Sec; 6-4. All grievances must be presented to the Chair in writing. The Board will review the

grievance and respond in writing within thhty (30) days.

Sec. 6-5. Upon request of an Executive meeting by the complainant, the Board Chah· shall notify

the complainant of the Executive meeting date at least five (5) days in advance of the meeting date.

Sec. 6-6. Any parent or representative of a client has the right to appeal an action of the Board

regarding an Indian Child Welfare matter to the Oneida Appeals Commission.

Article VII. Child Care Provider Certification Hearings

Sec. 7-1. All child care provider cetti:fication hearings before the Board shall be conducted pursuant

to the procedures contained in section 1.10-1. of the Oneida Administrative Procedures Act.

Sec. 7-2. The Recording Clerk, who is a Board member and is designated by the Board for each

hearing, shall notify all members of the Board and the petitioner and respondent of the time and

place of all hearings that come before the Board no less than ten (1 0) business days in advance of

the hearing date.

Sec. 7-3. All documents filed in connection with any matter set for hearing before the Board shall

be filed with the Recording Clerk of the Board at least five (5) business days in advance of the

hearing date. The Recording Clerk of the Board must submit all documents relevant to a hearing to

every Board member who will be at the hearing no less than two (2) business days in advance ofthe

hearing.

Sec.7-4. Each matter that receives a hearing before the Board shall be adjudicated in favor ofthe

side that receives a majority vote of the Board members at the hearing. The Recording Clerk ofthe

Board shall maintain records of all decisions of the Board.

Sec. 7-5. Three (3) members of the Board must be present at any Board hearing in order to constitute

a quorum. If fewer than three (3) members attend, no official business may be undertaken and the

hearing will be canceled and rescheduled. Once a quorum is established at a hearing, all official

business undertaken is valid and binding. If at any time during the hearing fewer than a quorum of

members are present, any votes or other actions requiring a quorum taken by the Board at that time

are null and void.

Sec. 7-6. All decisions made by the Board shall be in writing and copies shall be made available to

all parties at the hearing.

6

Open Packet

Page 111 of 344

Sec. 7-7. The Board shall inform all parties of their right to appeal to the Oneida Appeals

Commission.

Sec. 7-8. The Recording Clerk of the Board shall maintain and make available to the Oneida

Appeals Commission when necessmy all written opinions that the Board generates in resolving

matters that come before the Board.

Article VIII. Committees

Sec. 8-1. A Special committee may be appointed by the Chair to cany out special assignments when

deemed necessmy by the Board.

Article IX. Compensation

Sec. 9-1. Stipends. Members of the Board shall be paid a stipend for each meeting which has

established a quorum, provided that the quorum is established for a minimum of one hour, and

provided further that any member(s) collecting a stipend be present for at least one hour. Stipend

amounts shall be as follows, per BC Resolution# 12-20-03-A:

A. $75.00 for each Board member for attending each regularly scheduled, Special or

Executive meeting; the Secretmy shall receive an additional $25.00 per meeting;

B. Each Bom·d member who participates in a child care provider hearing shall receive a

$75.00 stipend; and the Recording Clerk shall receive an additional $25.00 for each child

care provider hearing conducted pursuant to Article VII of the Protective Board Bylaws.

Article X. Amendments

Sec. 10-1. The Board, upon written notice, may at any meeting, by majority vote of the total voting

members present adopt, amend or repeal any provisions of these Bylaws ofthe Board; provided that

the amendment has been submitted in writing at the previous regular meeting of the Board. All such

amendments approved by the Bom·d are subject to subsequent approval by the Oneida Business

Committee.

Sec.l 0-2. These Bylaws shall be reviewed and/or revised as needed at the beginning of each fiscal

year by the Board.

These by-laws, as amended and revised, were adopted by the Oneida Child Protective Board at duly

called meeting on the L\ ~ day of c) t:NV\ , 200_:]_ .

J ea ette Ninham

Chair, Oneida Child Protective Board

Date

7

Open Packet

Page 112 of 344

And approved by the Oneida Business Committee at a duly called meeting held on the 31st day of

January, 2007.

Patricia Hoeft

\

Tribal Secretary, Oneida Business Committee

Date

8

Open Packet

Page 113 of 344

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

04 I 26

I 17

2. General Information:

Session:

18] Open

AgendaHeader:

0 Executive - See instructions for the applicable laws, then choose one:

ILN_e_w_B

_u_s_

in_e_

ss______________________________________________________~

0 Accept as Information only

[g] Action - please describe:

Make decision to approve based upon the fisca l assessment of the Tribe.

3. Supporting Materials

[g] Report

0 Resolution

0 Contract

0 Other:

1.1r-~-e-m-o--------------------------------,

3.lstatement of Effect

4.1Resolution

2.lAccrued Hours

O Business Committee signature required

4. Budget Information

0 Budgeted - Tribal Contribution

0 Budgeted - Grant Funded

S. Submission

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of 2

0 Unbudgeted

Open Packet

Page 114 of 344

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

Personnel Polices and Procedures state that the OBC shall analyze the fiscal conditions to determine whether

employees may trade back personal and/or vacation hours for cash during the fiscal year and determine If the

trade back will occur one time a year or on a quarterly basis.

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@oneldanation.org

Page 2 of 2

Open Packet

Page 115 of 344

ONEIDA TRIBE OF INDIANS OF WISCONSIN

Human Resource Department

Location:

909 Packer/and

Green Bay, WI 54303

~

Mailing Address:

P.O. Box 365

Oneida, WI 54155-0365

ONEIDA

Fax: (920)496-7490

Job Line: 1-800-236-7050

Phone: (920)496-7000

hllp:llwww. oneidan.nsn.gov

.

TO:

FROM:

CC:

DATE:

SUBJECT:

~ ~~)}.}.

Oneida Business Committee

Geraldine R. Danforth, HR Area Manager t;\...llY.

Larry Barton, CPO

.

Aprill8, 201 7

FY ' 17 Trade Back for Cash

General Tribal Council Action:

Agenda item - Tabled items c: J'crsonnel Policies and Procedures, Trade Bacl\ for Amendment. On

May 23,20 11, General Tribal Council took action to amend the Personnel Policies and Procedures on

Trade Back for Cash of Personal and Vacation Time. "Motion by Trish King to adopt resolution:

Amendments to the Personnel Policies on Trade Back for Cash ofPersonal and Vacation Time, seconded

by Terry Cornelius." Motion carried by voice vote.

Personnel Policies and Procedures Section IV. A. Salary is as follows:

n. Trade-bacl' for Cash· Each fiscal year, the Oneida Business Committee shall analyze fi scal

conditions to determine whether employees may trade back personal and/or vacation hours for

cash that fiscal year.

I) lf the Oneida Business Committee approves trade-back for cash, they shall also

determine whether (a) and/or (b) applies:

i) All employees will have the opportunity to trade-back hours one time that year.

1) By August I 5, each employee who has acC1Jmulated 24 hours or more of

vacation and/or personal days may opt to trade in his/her hours for cash.

2) Employees will receive their trade back on or before September 30 of that

year.

ii) Only those employees who are unable to utilize their personal and/or vacation

time due to working conditions, such as a shortage in staffing, as determined by

the HRD Manager or designee. will have the opportunity to trade back hours

on a quarterly basis.

I ) Employees will receive their trade back within 60 days after opting to trade

back hours.

2) When trade·back for cash is approved by the Oneida Business Committee, the fo llowing

standards shall apply:

a) Employees must decide which status (vacation or personal or both) from

which their trade-back will be drawn.

b) Employees may not trade for cash more than 80 hours in one year.

Open Packet

Page 116 of 344

Acti.on taken by the Oneida Business Committee Regular Meeting on November 25, 2016 states:

XI. Tabled Business. A. Adopt Resolution title No Trade Back for Cash for Fiscal Year 2016.

Motion by David Jordan to direct/he Human Resources Department and Division Directors to

budget the Trade Back for Cash benefits to allow each eligible employee to trade back no more

than 40 hours in Fiscal Year 2017, seconded by Lisa Summers. Motion carried unanimously.

The Chief Financial Officer has provided his recommendation.

ACTION REQUIRED BY ONEIDA BUSINESS COMMITTEE:

The options to consider are:

2

Option A. Allows employees to trade back for cash one time by August 15, 201 7 or,

a. A report of the current accrued hours is attached for your review.

Option B. Allows employees to trade back their vacation and/or personal hours on a

quarterly basis based only for those employees who are unable to utilize their

personal and/or vacation time due to working conditions; with the understanding that

the employee cannot trade back more than 40 hours this year. Quarterly would be

established for April, June and September or April and September.

Trade Back for Cash requires approval by the Oneida Business Committee. In prior years a

resolution was adopted to deny Trade Back for Cash for a fiscal year. However, for FY2017, the

Oneida Business Committee directed that Trade Back for Cash is budgeted at 40 hours. As a

result, we have attached a resolution which is consistent with the November 25, 2015, motion

directing that Trade Back for Cash be budgeted for FY2017.

Draft Motions

1. Motion to approve or deny Option A and Option B.

Upon approval or denial of the Annual Trade Back for Cash and the Quarterly Trade Back for

Cash, the Human Resource Department will notify the employee base of the decision.

Attachments:

Accrued Jlours Report

Open Packet

Page 117 of 344

Employee Vacation and Personal Time Accruals

For the Period of October 2016 to February 2017

FV 17

Sep-i4

Total EE's

2608

v: •(

'I'; 0~" 'o

,,

~·~}~~ .··~

. '(·~~- ·'·.., .

.'

I

I

_t

r;.Sep-1S·:f~~· ;. Sep_:-16'

.'.. :2623

· ,,';1· . "~'2,639

.

~~-

""·0.:(.1

'

':

. •·

t

..

~

..

Oct-16

Nov-16

Dec-16

Jan-17

2637

2643

2642

2622

2625

264,205

268,762

Total Hours 260,572

263,529

264,422

265 535

270,230

270,174

Total

Payout

$5,271,854 $5,412,394 $5,793,148 $5,864,113 $5,966,136 $6,000/695

$5,861,991 $5/995,104

Avg Hours

99.91

100.47

100.2

100.7

102.62

102.26

100.76

102.39

Avg Payout

$2,021

$2,063

$2,195

$2,220

$2,257

$2,271

$2,236

$2,284

report run date

10/1/2014

10/1/2014

10/1/16

11/1/16

12/1/16

1/1/17

2/1/17

3/1/17

59.42% Of employees are at 0-99 range of hours

1.59% Are at the maximum no of hours

Total number of employees Is down by 15 EE's; down by 11 for the year

The total number of EE's at Max has a increase of 3.

* No longer breaking out these numbers

Open Packet

Page 118 of 344

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __-__-__-_

Authorization of 40 Hours of Trade Back For Cash for Fiscal Year 2017

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 Nation Constitution by the Oneida General Tribal Council; and

WHEREAS,

on November 25, 2015, as a part of development of the budget and providing direction for

the Fiscal Year 2017 budget, the Oneida Business Committee adopted a motion that would

allow for a Trade Back For Cash option up to 40 hours for eligible employees; and

WHEREAS,

the Treasurer has presented a Fiscal Year 2017 budget that included the Trade Back for

Cash option for eligible employees which was been approved by the Oneida Business

Committee for recommendation for adoption by the General Tribal Council; and

WHEREAS,

the General Tribal Council approved the budget for Fiscal Year 2017; and

WHEREAS,

vacation and personal time is a liability managed by the Oneida Nation regarding the

accrued hours, but is an added cash flow issue if paid out in addition to normal payroll

expenses; and

WHEREAS,

the Treasurer is recommending that the Oneida Business Committee authorize Trade Back

For Cash of personal and vacation hours as identified in Section IV(A)(5)(n) of the Oneida

Personnel Policies and Procedures; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee declares that there shall be

authorized a one-time Trade Back for Cash for Fiscal Year 2017 which shall be capped at 40 hours of

personal and/or vacation time for eligible employees in accordance with Section IV(A)(5)(n) of the Oneida

Personnel Policies and Procedures.

Open Packet

Page 119 of 344

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box365 • Oneida, WI 54155·036S

Oneldo·n>n.gov

~

ONEIDA

Statement of Effect

Authoriza/.ion of40 Hours ofTrade Back for Cash for Fiscal Year 2017

Summary

This resol

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Phone: (920)869-2214 (2017) | Frix