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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Oneida Business Committee Agenda Request
1. Meeting Date Requested:
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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
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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
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Oneida Nation
Post Office Box 365
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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.
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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
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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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.
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BC Resolution # __-__-__-_
Revenue Allocation Plan FY 2017
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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.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
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.
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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.
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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
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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
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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;
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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