Oneida Business Committee (2021)
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Public Packet
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Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, November 10, 2021
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
NOTICE
Effective August 20, 2021, the Norbert Hill Center Administrative Offices are closed to the public;
this include OBC meetings. Any person who has comments or questions regarding open session
items may submit them via e-mail to the OBC at secretary@oneidanation.org no later than the
close of business the day before the OBC meeting. Any comments or questions received shall be
noticed to the OBC and entered into the record as a handout by the BC Support Office. The
meeting will also be conducted using Microsoft Teams, please contact the BC Support Office at
920-869-4364 for instructions on how to join virtually.
The decision to close Norbert Hill Center Administrative Offices to the public is due to both the
rise in COVID-19 cases throughout both Brown and Outagamie Counites, as well as to ensure
compliance with protocols relating to public access to the Oneida Nation High School.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
Oneida Nation School Board - Aaron Manders
Sponsor: Lisa Liggins, Secretary
B.
Oneida Police Commission - Jeanette Ninham
Sponsor: Lisa Liggins, Secretary
C.
Oneida Trust Enrollment Committee - Geraldine Danforth and Sandra Skenadore
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
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November 10, 2021
Public Packet
V.
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MINUTES
A.
VI.
VII.
Approve the October 27, 2021, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Extension of the Emergency Amendments to the Oneida
Nation Gaming Ordinance
Sponsor: David P. Jordan, Councilman
B.
Adopt resolution entitled Extension of the Emergency Amendments to the Budget
Management and Control Law
Sponsor: David P. Jordan, Councilman
C.
Adopt resolution entitled CY 2022 County Tribal Law Enforcement Grant – Brown
County
Sponsor: Rich Van Boxtel, Chair/Oneida Police Commission
D.
Adopt resolution entitled CY 2022 County Tribal Law Enforcement Grant –
Outagamie County
Sponsor: Rich Van Boxtel, Chair/Oneida Police Commission
E.
Enter the e-poll results into the record regarding the adoption of resolution # BC-1101-21-A Obligation for Adolescent Wellness Treatment Center Tribal Partnership,
Utilizing American Rescue Plan Act of 2021 Fiscal Recovery Funds Lost Revenue
Sponsor: Lisa Liggins, Secretary
STANDING COMMITTEES
A.
COMMUNITY DEVELOPMENT PLANNING COMMITTEE
1.
B.
LEGISLATIVE OPERATING COMMITTEE
1.
C.
Accept the September 2, 2021, regular Community Development Planning
Committee meeting minutes
Sponsor: Brandon Stevens, Vice-Chairman
Accept the October 20, 2021, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
QUALITY OF LIFE COMMITTEE
1.
Accept the September 16, 2021, regular Quality of Life Committee meeting
minutes
Sponsor: Marie Summers, Councilwoman
Oneida Business Committee
Regular Meeting Agenda
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November 10, 2021
Public Packet
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STANDING ITEMS
A.
ARPA FRF Updates and Requests/Proposals
1.
IX.
TRAVEL REQUESTS
A.
X.
XI.
Adopt resolution entitled Obligation for Government Infrastructure, American
Rescue Plan Act of 2021 Fiscal Recover Funds Lost Revenue
Sponsor: Lisa Liggins, Secretary
Approve the travel request - Vice-Chairman Brandon Stevens - National Indian
Gaming Association Mid-Year Conference - Temecula, CA - November 14-17, 2021
Sponsor: Brandon Stevens, Vice-Chairman
NEW BUSINESS
A.
Approve three (3) actions regarding the 2022 schedule
Sponsor: Lisa Liggins, Secretary
B.
Schedule a special Business Committee on December 17, 2021, at 9:00 a.m. for the
Year End Financial Statements
Sponsor: David P. Jordan, Councilman
C.
Review the Sportsbook Rules of Play and determine appropriate next steps
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Retail General Manager FY-2021 4th quarter report (10:00 a.m.)
Sponsor: Debra Powless, Retail General Manager
2.
Accept the Human Resources FY-2021 4th quarter report (10:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
3.
Accept the Emergency Management FY-2021 4th quarter report (11:00 a.m.)
Sponsor: Kaylynn Gresham, Director/Emergency Management
4.
Accept the preliminary September 2021 Treasurer's report (11:30 a.m.)
Sponsor: Tina Danforth, Treasurer
5.
Joint Marketing FY-21 4th quarter report (not submitted)
Oneida Business Committee
Regular Meeting Agenda
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November 10, 2021
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B.
6.
Accept the Gaming General Manager FY-21 4th quarter report (1:30 p.m.)
Sponsor: Louise Cornelius, Gaming General Manager
7.
Accept the November 2021 Sports Wagering implementation update (2:00
p.m.)
Sponsor: Louise Cornelius, Gaming General Manager
8.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
9.
Accept the General Manager report
Sponsor: Mark W. Powless, General Manager
AUDIT COMMITTEE
1.
Accept the September 16, 2021, regular Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
3.
Accept the Drop and Count compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
4.
Accept the Table Games compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
5.
Accept the Title 31 compliance audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
6.
Accept the Card Games/Poker Rules of Play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
7.
Accept the Craps Rules of Play compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
8.
Accept the Child Support performance assurance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
9.
Accept the Legislative Operating Committee performance assurance audit
and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
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November 10, 2021
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C.
XII.
NEW BUSINESS
1.
Accept two (2) draft Security Department standard operating procedures as
information (9:30 a.m.)
Sponsor: Katsi Danforth, Security Director
2.
Approve three (3) actions regarding 2021 Annual Project/Goal #3 for BCDR10
(2:30 p.m.)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
3.
Approve a limited waiver of sovereign immunity - Brown Advisory LLC
Investment Advisory Agreement - file # 2021-0690
Sponsor: Jennifer Webster, Councilwoman
4.
Approve the revised addendum A for DR09 employment contract - file # 20210563
Sponsor: Jessica Vandekamp, Employee Relations Representative
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
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November 10, 2021
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Oneida Nation School Board - Aaron Manders
Business Committee Agenda Request
1. Meeting Date Requested:
11/10/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator, BCC Supervisor
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
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Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
November 3, 2021
RE:
Oath of Office – Oneida Nation School Board
Background
On October 27, 2021 the Oneida Business Committee appointed Aaron Manders to
the Oneida Nation School Board.
A good mind. A good heart. A strong fire.
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Oneida Police Commission - Jeanette Ninham
Business Committee Agenda Request
1. Meeting Date Requested:
11/10/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator, BCC Supervisor
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
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Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
November 3, 2021
RE:
Oath of Office – Oneida Police Commission
Background
On October 27, 2021 the Oneida Business Committee appointed Jeanette Ninham to the
Oneida Police Commission.
A good mind. A good heart. A strong fire.
Public Packet
10 of 218
Oneida Trust Enrollment Committee - Geraldine Danforth and Sandra Skenadore
Business Committee Agenda Request
1. Meeting Date Requested:
11/10/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Brooke Doxtator, BCC Supervisor
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BDOXTAT1
Public Packet
11 of 218
Oneida Nation
Business Committee Support Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
November 3, 2021
RE:
Oath of Office – Oneida Trust Enrollment Committee
Background
On October 27, 2021 the Oneida Business Committee appointed Geraldine Danforth
and Sandra Skenadore to the Oneida Trust Enrollment Committee.
A good mind. A good heart. A strong fire.
Public Packet
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Approve the October 27, 2021, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
11/10/21
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
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DRAFT
Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, October 27, 2021
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Secretary Lisa Liggins, Council members: Daniel Guzman King (via
Microsoft Teams1), David P. Jordan, Marie Summers (via Microsoft Teams), Jennifer Webster;
Not Present: Vice-Chairman Brandon Stevens, Councilman Kirby Metoxen;
Arrived at: Treasurer Tina Danforth at 2:00 p.m.;
Others present: Jo Anne House, Ralinda Ninham-Lamberies, Mark W. Powless (via Microsoft Teams),
Melinda J. Danforth (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Kristen Hooker,
Layatalati Hill, Rodney Dequaine, Lisa Summers, Brooke Doxtator, Justin Nishimoto, Michele Yantes (via
Microsoft Teams), Amy Dequaine (via Microsoft Teams), Jeanette Dequaine (via Microsoft Teams), Chris
Brooks (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Carmen Vanlanen (via Microsoft
Teams), Michael Debraska (via Microsoft Teams), Pixie Degrand (via Microsoft Teams), Jessica
Vandekamp (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Lori Hill (via Microsoft Teams),
Nancy Barton (via Microsoft Teams), Clorissa Santiago (via Microsoft Teams), Michelle DanforthAnderson (via Microsoft Teams), Krista Denny (via Microsoft Teams), Debra Powless (via Microsoft
Teams), Carey Gleason (via Microsoft Teams), Todd Vanden Heuvel (via Microsoft Teams);
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:36 a.m.
For the record: Vice-Chairman Brandon Stevens is on approved travel to the 2021 Board of Regents
Meeting in Lawrence, KS. Treasurer Tina Danforth is out this morning on personal time. Councilman
Kirby Metoxen is on approval travel to the Annual American Indian Tourism Conference in Scottsdale,
AZ. Councilwoman Jennifer Webster is excused at 10:00 a.m. to attend the Quarterly Administration
for Children and Families Tribal Advisory Committee meeting.
II.
OPENING (00:00:09)
Opening provided by Chairman Tehassi Hill.
III.
ADOPT THE AGENDA (00:05:02)
Motion by Lisa Liggins to adopt the agenda as presented, seconded by Jennifer Webster. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
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DRAFT
IV.
OATH OF OFFICE (00:07:15)
Oath of office for the Family Court Judge - Judiciary administered by Chief Judge of the Trial
Court Layatalati Hill. Rodney Dequaine was present.
A.
Family Court Judge - Judiciary - Rodney Dequaine
Sponsor: Lisa Liggins, Secretary
Oath of office for the Agent administered by Secretary Lisa Liggins. Justin Nishimoto was present.
B.
V.
Oneida Golf Enterprise Agent - Justin Nishimoto
Sponsor: Lisa Liggins, Secretary
MINUTES
A.
Approve the October 13, 2021, regular Business Committee meeting minutes
(00:10:56)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve the October 13, 2021, regular Business Committee meeting
minutes, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
B.
Approve the October 20, 2021, special Business Committee meeting minutes
(00:11:28)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the October 20, 2021, special Business Committee meeting
minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
VI.
RESOLUTIONS
A.
Adopt resolution entitled Extension of the Emergency Amendments to the Pardon
and Forgiveness Law (00:11:57)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to adopt resolution 10-27-21-A Extension of the Emergency Amendments
to the Pardon and Forgiveness Law, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
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B.
Adopt resolution entitled Opposing Enbridge’s Construction of Pipelines 3 and 5
(00:17:36)
Sponsor: Daniel Guzman King, Councilman
Motion by Jennifer Webster to adopt resolution 10-27-21-B Opposing Enbridge’s Construction of
Pipelines 3 and 5, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
C.
Adopt resolution entitled Amending Fiscal Year 2022 budget approval timelines
provided in BC resolution # 09-22-21-E Continue to Operate Fiscal Year 2022
(00:26:42)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to adopt resolution 10-27-21-C Amending Fiscal Year 2022 budget
approval timelines provided in BC resolution # 09-22-21-E Continue to Operate Fiscal Year 2022,
including the date of December 2021 in line 26, seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Marie Summers, Jennifer
Webster
Abstained:
Lisa Liggins
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
VII.
APPOINTMENTS
A.
Determine next steps regarding five (5) vacancies - Oneida Nation School Board
(00:32:33); (02:02:59)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
Item VII.B was addressed next.
Motion by Lisa Liggins to accept the selected applicant and appoint Aaron Manders to the Oneida
Nation School Board with a term ending July 31, 2023 and to request the Secretary to re-post the
remaining vacancies, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Item VII.B. was re-addressed next.
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B.
Determine next steps regarding one (1) vacancy - Oneida Police Commission
(00:32:33); (02:03:40)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
Item VII.C. was addressed next.
Motion by Lisa Liggins to accept the selected applicant and appoint Jeanette Ninham to the Oneida
Police Commission with a term ending July 31, 2022, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Item VII.C. was re-addressed next.
C.
Determine next steps regarding two (2) vacancies - Oneida Trust Enrollment
Committee (00:32:33); (02:04:12)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
Item VIII.A.1. was addressed next.
Motion by Lisa Liggins to accept the selected applicants and appoint Geraldine Danforth and Sandra
Skenadore to the Oneida Trust Enrollment Committee with terms ending July 31, 2024 and July 31,
2023, respectively, seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Item XII.A.1. was addressed next.
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VIII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the October 4, 2021, regular Finance Committee meeting minutes
(00:33:15)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to accept the October 4, 2021, regular Finance Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
2.
Accept the October 21, 2021, regular Finance Committee meeting minutes
(00:33:44)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to accept the October 21, 2021, regular Finance Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
B.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the October 6, 2021, Legislative Operating Committee meeting minutes
(00:34:11)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to accept the October 6, 2021, Legislative Operating Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
C.
QUALITY OF LIFE COMMITTEE
1.
Approve the revised Quality of Life Committee charter (00:35:21)
Sponsor: Marie Summers, Councilwoman
Motion by David P. Jordan to approve the revised Quality of Life Committee charter, seconded by Lisa
Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens
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IX.
STANDING ITEMS
A.
ARPA FRF Updates and Requests/Proposals
1.
Consider request for an ARPA GWE payment for December 2021 (00:49:14)
Sponsor: Michael Debraska, Tribal Member
Councilwoman Marie Summers left at 9:57 a.m.
Councilwoman Marie Summers returned at 10:02 a.m.
Councilwoman Jennifer Webster left 10:03 a.m. to attend the Quarterly Administration for Children and
Families Tribal Advisory Committee meeting.
Motion by Lisa Liggins to accept the request for an ARPA GWE payment for December 2021 as
information, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
X.
NEW BUSINESS
A.
Research Request: Gleason et al-Univ. of Minnesota-Addressing Alzheimer's
Disease and Related Dementias Disparities: Indigenous Adaptation of the Mild
Behavioral Impairment Checklist (IAMBIC) - Review recommendation and
determine next steps (01:56:20)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to approve the research request from Gleason et al through the University of
Minnesota named Addressing Alzheimer's Disease and Related Dementias Disparities: Indigenous
Adaptation of the Mild Behavioral Impairment Checklist (IAMBIC) in accordance with BC resolution #
05-08-19-A noting the recommendation was submitted by the Comprehensive Health Medical Director,
seconded by Marie Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
B.
Review the Poker Rules of Play and determine appropriate next steps (01:58:55)
Sponsor: Mark A. Powless, Sr., Chairman/Oneida Gaming Commission
Motion by Lisa Liggins to accept the notice of the Poker Rules of Play amendments, approved by the
Oneida Gaming Commission on October 12, 2021, and to direct notice to the Oneida Gaming
Commission there are no requested revisions under section 501.6-14(d), seconded by Marie
Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
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C.
Post one (1) vacancy - Oneida Nation Arts Board (01:59:56)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to post one (1) vacancy for the Oneida Nation Arts Board, seconded by David
P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
XI.
GENERAL TRIBAL COUNCIL
A.
Schedule a special Business Committee meeting on November 5, 2021, to
determine next steps regarding the November 15, 2021, tentatively scheduled
special General Tribal Council meeting (02:00:33)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to schedule a special Business Committee meeting on November 5, 2021, to
determine next steps regarding the November 15, 2021, tentatively scheduled special General Tribal
Council meeting, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
XII.
EXECUTIVE SESSION (02:01:52)
Motion by David P. Jordan to go into executive session at 10:38 a.m., seconded by Marie Summers.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Not Present:
Tina Danforth, Kirby Metoxen, Brandon Stevens, Jennifer Webster
Councilwoman Marie Summers changed from virtual attendance to in person.
The Oneida Business Committee, by consensus, recessed at 12:24 p.m. to 2:00 p.m.
Meeting called to by Chairman Tehassi Hill at 2:00 p.m.
Roll call for the record:
Present: Treasurer Tina Danforth; Councilman Daniel Guzman King (via Microsoft Teams);
Chairman Tehassi Hill; Councilman David P. Jordan; Secretary Lisa Liggins; Councilwoman Marie
Summers;
Not Present: Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman
Jennifer Webster;
Motion by Daniel Guzman King to come out of executive session at 2:44 p.m., seconded by Marie
Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Item VII.A. was re-addressed next.
Oneida Business Committee
Regular Meeting Minutes
Page 7 of 10
October 27, 2021
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DRAFT
A.
REPORTS
1.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
October 2021 report (02:05:06)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Lisa Liggins to accept the Intergovernmental Affairs, Communications, and Self-Governance
October 2021 report, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
2.
Accept the General Manager report (02:05:29)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the General Manager report, seconded by Marie Summers. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Marie Summers
Abstained:
Tina Danforth
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
3.
Accept the Chief Counsel report (02:05:54)
Sponsor: Jo Anne House, Chief Counsel
Motion by Marie Summers to accept the Chief Counsel report, seconded by Lisa Liggins. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
B.
NEW BUSINESS
1.
Approve the attorney contract - Legislative Reference Office staff attorney - file
# 2021-0743 (02:06:21)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by David P. Jordan to approve the attorney contract for the Legislative Reference Office staff
attorney - file # 2021-0743, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 8 of 10
October 27, 2021
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DRAFT
2.
Approve the performance expectations - attachment A and 2021-2022 annual
projects & targets for DR14 (02:06:45)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by Lisa Liggins to approve the performance expectations - attachment A and 2021-2022 annual
projects & targets for DR14, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
3.
Review the job position assessment report and determine next steps (02:07:15)
Sponsor: Jessica Vandekamp, Employee Relations Representative
Motion by David P. Jordan to accept the job position assessment report, seconded by Lisa Liggins.
Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
4.
Review application(s) for five (5) vacancies - Oneida Nation School Board
(02:07:38)
Sponsor: Lisa Liggins, Secretary
Motion by Marie Summers to accept the discussion regarding the Oneida Nation School Board
application as information, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
5.
Review application(s) for one (1) vacancy - Oneida Police Commission
(02:07:58)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to accept the discussion regarding the Oneida Police Commission
application as information, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
6.
Review application(s) for two (2) vacancies - Oneida Trust Enrollment
Committee (02:08:18)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to accept the discussion regarding the Oneida Trust Enrollment Committee
applications as information, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Oneida Business Committee
Regular Meeting Minutes
Page 9 of 10
October 27, 2021
Public Packet
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DRAFT
7.
Consider a tribal member concern related to 105.7-4 (02:08:41)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the tribal member concern related to 105.7-4 as information,
seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
XIII.
ADJOURN (02:09:25)
Motion by Marie Summers to adjourn at 2:51 p.m., seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Marie Summers
Not Present:
Kirby Metoxen, Brandon Stevens, Jennifer Webster
Minutes prepared by Lisa Liggins, Secretary.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 10
October 27, 2021
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Oneida Business Committee Agenda Request
Adopt resolution entitled Extension of the Emergency Amendments to the Oneida Nation Gaming Ordinan
1. Meeting Date Requested:
11 / 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt the resolution entitled, "Extension of the Emergency Amendments to the Oneida Nation Gaming
Ordinance"
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Emergency Extension Memo
3. Emergency Extension Draft
2. Statement of Effect
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Kristen M. Hooker, LRO Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
November 10, 2021
Extension of the Oneida Nation Gaming Ordinance Emergency Amendments
Please find the following attached backup documentation for your consideration of the extension
of the Oneida Nation Gaming Ordinance Emergency Amendments:
1. Resolution: Extension of the Emergency Amendments to the Oneida Nation Gaming
Ordinance
2. Statement of Effect: Extension of the Emergency Amendments to the Oneida Nation
Gaming Ordinance
3. Oneida Nation Gaming Ordinance
Overview
Emergency amendments to the Oneida Nation Gaming Ordinance (“ONGO”) were adopted by the
Oneida Business Committee (“OBC”) through resolution BC-05-12-21-D to protect the Nation
against potential exposure to litigation/legal claims relating to ONGO’s placement of the Gaming
Security Department (“Security”) within the Nation’s organizational structure. More specifically,
the emergency amendments removed an avenue for potential liability that had arisen with respect
to Security being placed under the Oneida Police Department in section 501.9-1 of ONGO by
temporarily reassigning Security to the OBC while a more appropriate permanent placement could
be established and vetted, absent the risks that existed under the status quo. [5 O.C. 501.9-1].
The OBC can temporarily enact legislation when it is necessary for the immediate preservation of
the public health, safety, or general welfare of the Reservation population, and the amendment of
the legislation is required sooner than would be possible under the Legislative Procedures Act
(“LPA”). [1 O.C. 109.9-5].
The emergency amendments to ONGO were necessary for the preservation of the general welfare
of the Reservation population. The emergency amendments were needed to shield the Reservation
population against the legal risks that existed with respect to the previous placement of Security
within the Nation’s organizational structure. By re-assigning Security to the OBC on a temporary
basis, it expeditiously disposed of the legal risk, as well as the cost of having to defend claims
relating thereto, while affording the organization time to establish a more appropriate permanent
placement for Security under section 501.9-1 of ONGO.
Additionally, observance of the requirements under the LPA for the adoption of the emergency
amendments was contrary to the public interest. So long as Security remained under the Oneida
Police Department, the potential existed for claims relating thereto to be raised against the Nation,
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which, even if successfully defended against in the end, would have still cost the Nation money
that could be put towards a use more beneficial to the Reservation population. Given the ease
within which claims can be filed, regardless of merit, the process and requirements of the LPA
could not be completed in time to ensure against the financial burden that the Nation could have
incurred in defense costs if this issue was not expeditiously resolved before a more permanent
solution was established and properly vetted by the appropriate individuals within the organization.
The emergency amendments to ONGO will expire on November 12, 2021. The LPA allows the
OBC to extend emergency amendments for an additional six (6) month time period. [1 O.C. 109.95(b)]. A six (6) month extension of the emergency amendments to ONGO is being requested
because the Legislative Operating Committee, along with the workgroup of individuals within the
organization that were chosen to assist in the process, is still developing the area under which
Security will be permanently placed within section 501.9-1 of ONGO and needs the additional
window of time to complete the task without the legal risks that would exist if the law reverted
back to its pre-emergency amendment version.
The extension of the emergency amendments to ONGO will become effective on November 12,
2021, when the emergency amendments as adopted by resolution BC-05-12-21-D expire and will
remain in effect for an additional six (6) month term which will end on May 12, 2022. Per the
LPA, a fiscal impact statement and public meeting are not required for emergency legislation. [1
O.C. 109.9-5(a)].
Requested Action
Adopt the Resolution: Extension of the Emergency Amendments to the Oneida Nation Gaming
Ordinance.
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Extension of the Emergency Amendments to the Oneida Nation Gaming Ordinance
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 Nation Gaming Ordinance (“ONGO”) was adopted by the Oneida General
Tribal Council through resolution GTC-07-05-04-A; subsequently amended by the Oneida
Business Committee through the adoption of resolutions BC-10-06-04-D, BC-03-23-05-C,
BC-09-23-09-D, BC-06-24-14-B and BC-09-09-15-A; and most recently amended by the
Oneida Business Committee on an emergency basis through the adoption of resolution
BC-05-12-21-D; and
WHEREAS,
the purpose of ONGO is to govern all Gaming Activities that occur on lands under the
jurisdiction of the Nation and all individuals or entities that engage in said Gaming Activities,
including those who provide goods or services to persons or entities engaged in Gaming
Activities; and
WHEREAS,
section 501.9 of ONGO assigns certain responsibilities to the Gaming Security Department
(“Security”) that are meant to protect Gaming assets, patrons and Gaming Employees from
an activity, repeat activity or ongoing activities which could injure or jeopardize Gaming
assets, patrons and Gaming Employees; and
WHEREAS,
in late 2020, the Oneida Law Office raised concerns over a possible legal issue regarding
the placement of Security under the Oneida Police Department in section 501.9-1 of ONGO
that could expose the Nation to unnecessary litigation costs, regardless of merit; and
WHEREAS,
on May 12, 2021, the Oneida Business Committee adopted emergency amendments to
ONGO that expeditiously disposed of the issue by temporarily reassigning Security to the
Oneida Business Committee so that the Nation could explore a more appropriate option to
permanently place it, without worrying about the legal risks that existed under the status
quo; and
WHEREAS,
the Legislative Procedures Act (“LPA”) authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and
WHEREAS,
emergency adoption of temporary legislation is allowed when necessary for the immediate
preservation of the public health, safety or general welfare of the Reservation population,
and the amendment of the legislation is required sooner than would be possible under the
LPA; and
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BC Resolution ______________
Extension of the Emergency Amendments to the Oneida Nation Gaming Ordinance
Page 2 of 2
WHEREAS,
emergency amendments to ONGO were necessary for the preservation of the general
welfare of the Reservation population to shield it against the legal risk that existed with
respect to the placement of Security within the organizational structure of the Nation; and
WHEREAS,
by temporarily reassigning Security to the Oneida Business Committee, the legal risk was
disposed of, as was the cost of having to defend claims that could have been raised absent
the emergency amendments, even if said claims/legal theories were without merit; and
WHEREAS,
observance of the requirements under the LPA for adoption of the emergency amendments
was contrary to the public interest because: (1) so long as Security remained under the
Oneida Police Department, potential existed for claims relating thereto to be raised against
the Nation, which, even if successfully defended against, would have still cost the Nation
money that could be put towards a use more beneficial to the Reservation population; and
(2) given the ease within which claims can be filed, regardless of merit, the process and
requirements of the LPA could not be completed in time to ensure against the financial
burden the Nation could have suffered in defense costs if the issue was not expeditiously
resolved before a more permanent solution was established and vetted by the appropriate
individuals within the organization; and
WHEREAS,
the emergency amendments to ONGO will expire on November 12, 2021 if not extended
for an additional six (6) month period in accordance with the LPA; and
WHEREAS,
a six (6) month extension of the emergency amendments to ONGO is being requested
because the Legislative Operating Committee, along with the workgroup of individuals
within the organization it chose to assist in the process, is still developing the area under
which Security will be permanently placed within section 501.9-1 of ONGO and needs the
added window of time to complete the task without the legal risks that would exist if ONGO
was to revert back to its previous state; and
WHEREAS,
the extension of the emergency amendments to ONGO will become effective on November
12, 2021, when the emergency amendments as adopted by resolution BC-05-12-21-D
expire, and will remain in effect for an additional six (6) month term which will end on May
12, 2022; and
WHEREAS,
the LPA does not require a public meeting or fiscal impact statement when considering
emergency legislation; and
NOW THEREFORE BE IT RESOLVED, the emergency amendments to the Oneida Nation Gaming
Ordinance are hereby extended for an additional six (6) months, effective November 12, 2021, and shall
expire May 12, 2022.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Extension of the Emergency Amendments to the Oneida Nation Gaming Ordinance
Summary
This resolution extends the emergency amendments to the Oneida Nation Gaming Ordinance, as
adopted through resolution BC-05-12-21-D, for an additional six (6) months in accordance with
the Legislative Procedures Act.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: October 29, 2021
Analysis by the Legislative Reference Office
This resolution extends the emergency amendments to the Oneida Nation Gaming Ordinance for
an additional six (6) month term. The Oneida Nation Gaming Ordinance (“ONGO”) was adopted
to govern all Gaming Activities that occur on lands under the jurisdiction of the Nation and all
individuals or entities that engage in said Gaming Activities, including those who provide goods
or services to persons or entities engaged in Gaming Activities. [5 O.C. 501.1-1]. Section 501.9
of ONGO assigns certain responsibilities to the Gaming Security Department (“Security”) that are
meant to protect Gaming assets, patrons and Gaming Employees from an activity, repeat activity
or ongoing activities which could injure or jeopardize Gaming assets, patrons and Gaming
Employees. [5 O.C. 501.9-1].
In late 2020, the Oneida Law Office raised concerns over a possible legal issue regarding the
placement of Security under the Oneida Police Department in section 501.9 of ONGO that could
expose the Nation to unnecessary litigation costs, regardless of merit. In response, on May 12,
2021, the Oneida Business Committee (“OBC”) adopted emergency amendments to ONGO that
expeditiously disposed of the issue by temporarily reassigning Security to the OBC so that the
Nation could explore a more appropriate option to permanently place it, without worrying about
the legal risks that existed under the status quo.
The Legislative Procedures Act (“LPA”) allows the OBC to enact emergency legislation when it
is necessary for the immediate preservation of the public health, safety or general welfare of the
Reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5].
According to the resolution, emergency amendments to ONGO were necessary for the preservation
of the general welfare of the Reservation population to shield it against the legal risk that existed
with respect to the placement of Security within the Nation’s organizational structure. Specifically,
by temporarily reassigning Security to the OBC, the legal risk was disposed of, as was the cost of
having to defend claims that could have been raised absent the emergency amendments, even if
said claims/legal theories were without merit.
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Additionally, the resolution provides that observance of the requirements under the LPA for
adoption of the emergency amendments was contrary to the public interest because: (1) so long as
Security remained under the Oneida Police Department, potential existed for claims relating
thereto to be raised against the Nation, which, even if successfully defended against, would have
still cost the Nation money that could be put towards a use more beneficial to the Reservation
population; and (2) given the ease within which claims can be filed, regardless of merit, the process
and requirements of the LPA could not be completed in time to ensure against the financial burden
the Nation could have suffered in defense costs if the issue was not expeditiously resolved before
a more permanent solution was established and vetted by the appropriate individuals within the
organization.
The emergency amendments to ONGO are set to expire on November 12, 2021. The LPA allows
the OBC to extend emergency amendments for an additional six (6) month time period. [1 O.C.
109.9-5(b)]. Through this resolution, a six (6) month extension of the emergency amendments to
ONGO is being requested because the Legislative Operating Committee, along with the workgroup
of individuals within the organization that it chose to assist in the process, is still developing the
area under which Security will be permanently placed within section 501.9 of ONGO and needs
the additional window of time to complete the task without the legal risks that would exist if
ONGO reverted back to its previous state.
The LPA does not require a fiscal impact statement or public meeting for emergency legislation.
[1 O.C. 109.9-5(a)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws. If adopted, the
extension of the emergency amendments to ONGO will become effective on November 12, 2021,
when the emergency amendments as adopted by resolution BC-05-12-21-D expire and will remain
in effect for an additional six (6) month term which will end on May 12, 2022.
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Emergency Extension Draft for OBC Consideration
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Title 5. Business - Chapter 501
Thatiwi=>Stunya=tha Olihw@=ke
Matters of interest to where they make the money
ONEIDA NATION GAMING ORDINANCE
501.1. Purpose and Policy
501.2. Adoption, Amendment, Repeal
501.3. Definitions
501.4. Jurisdiction
501.5. Oneida Business Committee: Powers and Duties
501.6. Oneida Gaming Commission
501.7. Gaming Surveillance: Powers, Duties and Limitations
501.8. [Reserved for future use.]
501.9. Gaming Security Department
501.10. Background Investigations
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501.11. Licenses, Generally
501.12. Gaming Employee License
501.13. Gaming Services Licensing and Non-Gaming Services
Permitting
501.14. Gaming Facility License
501.15. Gaming Operator License
501.16. Games
501.17. Allocation of Gaming Funds
501.18. Audits
501.19. Enforcement and Penalties
501.1. Purpose and Policy
501.1-1. Purpose. The purpose of this Ordinance is to set forth the laws of the Oneida Nation
regarding all Gaming Activities conducted within the jurisdiction set forth in this Ordinance. It is
intended to govern the Gaming Activities of all persons, Gaming Employees, consultants, business
entities, vendors, boards, committees, commissions and hearing bodies. This Ordinance does not
authorize the operation of Gaming by a private person or private entity for gain. This Ordinance
shall govern all Gaming Activities occurring on lands under the jurisdiction set forth in this
Ordinance and all individuals or entities engaged in Gaming Activities, including those providing
goods or services to any person or entity engaged in Gaming Activities.
501.1-2. Policy. It is the policy of this Ordinance to ensure that the Oneida Nation is the primary
beneficiary of its Gaming Operations and has the sole proprietary interest; that Gaming Activities
within the jurisdiction set forth in this Ordinance are conducted fairly and honestly; and that all
internal departments, enterprises, officials and employees of the Nation work cooperatively to
advance the best interests of the Nation, to protect its gaming resources, to protect the integrity of
all Gaming Activities operated under the jurisdiction set forth in this Ordinance, and to ensure
fairness of all games offered to the Nation’s gaming patrons.
501.2. Adoption, Amendment, Repeal
501.2-1. This Ordinance was adopted by the Oneida General Tribal Council by resolution GTC07-05-04-A; amended by resolutions BC-10-06-04-D, BC-3-23-05-C, BC-9-23-09-D, BC-06-2514-B and BC-09-09-15-A; and emergency amended by resolution BC-05-12-21-D.
501.2-2. This Ordinance may be amended or repealed by the Oneida Business Committee and/or
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
501.2-3. Should a provision of this Ordinance or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this Ordinance
which are considered to have legal force without the invalid portions.
501.2-4. In the event of a conflict between a provision of this Ordinance and a provision of
another law, the provisions of this Ordinance shall control; provided, that this Ordinance repeals
the following:
(a) BC-04-21-89-D (Adoption of the Oneida Gaming Control Ordinance);
(b) GTC-03-04-91-A (Establishing 7 elected Gaming Commissioners and Bingo
standards);
5 O.C. 501 – Page 1
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(c) GTC-07-06-92-A (Amendments to Gaming SOP Manual);
(d) GTC-07-06-92-B (Adoption of the Comprehensive Gaming Ordinance);
(e) BC-03-16-94-A (Comprehensive Gaming Ordinance Interpretation); and
(f) BC-04-5-95-D (Amendments to the Comprehensive Gaming Ordinance).
501.2-5. This Ordinance is adopted under authority of the Constitution of the Oneida Nation.
501.2-6. Preemptive Authority. The Oneida Gaming Commission shall be the original hearing
body authorized to hear licensing decisions as set forth in this Ordinance.
501.3. Definitions
501.3-1. This section shall govern the definitions of words and phrases used within this
Ordinance. Words and phrases capitalized throughout this document refer to the defined words
and phrases in this section. All words or phrases not defined herein shall be used in their ordinary
and everyday sense.
(a) “Applicant” means any person or entity who has applied for a License from the
Oneida Gaming Commission or the Oneida Business Committee.
(b) “Background Investigation” means a standard and thorough investigation conducted
by the Nation in compliance with this Ordinance, Commission regulations, Oneida Gaming
Minimum Internal Controls, the IGRA and the Compact. Such investigations may be in
cooperation with federal, state, or Tribal law enforcement agencies.
(c) “Class I Gaming” means social games solely for prizes of minimal value or traditional
forms of Indian gaming engaged in by individuals as a part of, or in connection with, Tribal
ceremonies or celebrations.
(d) “Class II Gaming” means:
(1) The game of chance commonly known as bingo (whether or not electronic,
computer or other technologic aids are used in connection therewith) in which:
(A) The game is played for prizes, including monetary prizes, with cards
bearing numbers or other designations.
(B) The holder of the card covers such numbers or designations when
objects, similarly numbered or designated, are drawn or electronically
determined.
(C) The game is won by the first person covering a previously designated
arrangement of numbers or designation on such cards, including (if played
in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo
and other games similar to bingo.
(2) Card games that:
(A) Are explicitly authorized by the laws of the State; or
(B) Are not explicitly prohibited by the laws of the State and are played at
any location in the State, but only if such card games are played in
conformity with laws and regulations (if any) of the State regarding hours
or periods of operation of such card games or limitations on wagers or pot
sizes in such card games. Class II Gaming does not include any banking
card games, including baccarat, chemin de fer, or blackjack (twenty-one),
or electronic or electro-mechanical facsimiles of any game of chance or slot
machines of any kind.
(e) “Class III Gaming” means all forms of Gaming that are not Class I or Class II
Gaming.
5 O.C. 501 – Page 2
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(f) “Commission” means the Oneida Gaming Commission as established by this
Ordinance.
(g) “Commissioner” means a duly elected member of the Oneida Gaming Commission.
(h) “Compact” means the 1991 Tribe-State Gaming Compact between the Nation and
the State of Wisconsin, as amended and including any future amendments or successor
compact entered into by the Nation and the State of Wisconsin and approved by the
Secretary of the United States Department of Interior.
(i) “Compliance Certificate” means a certificate issued by an agency with the authority
and responsibility to enforce applicable environmental, health or safety standards, which
states that a Gaming Facility complies with these standards.
(j) “Environmental Assessment” means a document prepared and issued in compliance
with the National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., and all
related federal regulations.
(k) “Fraud” means any act of trickery or deceit used to or intended to gain control or
possession of the property of another.
(l) “Games, Gaming or Gaming Activity” means all forms of any activity, operation, or
game of chance that is considered Class II or Class III Gaming, provided that this definition
does not include Class I Gaming.
(m) “Gaming Employee” means any person employed by a Gaming Operation.
(n) “Gaming Facility or Gaming Facilities” means any location or structure, stationary
or movable, wherein Gaming is permitted, performed, conducted or operated. Gaming
Facility or Gaming Facilities does not include the site of a fair, carnival, exposition or
similar occasion.
(o) “Gaming Operation” means the conduct of Gaming Activities and related business
activities in Gaming Facilities and areas where Gaming Employees are employed or
assigned.
(p) “Gaming Operator” means the Nation, an enterprise owned by the Nation, or such
other entity of the Nation as the Nation may from time-to-time designate as the whollyowned entity having full authority and responsibility for the operation and management of
Gaming Operations.
(q) “Gaming Services” means the provision of any goods and services, except legal
services and accounting services, to a Gaming Operation, including, but not limited to,
equipment, transportation, food, linens, janitorial supplies, maintenance, or security
services.
(r) “Indian Gaming Regulatory Act or IGRA” means Public Law 100-497, 102 Stat.
2426, 25 U.S.C. sec. 2701, et seq., as amended.
(s) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer
the judicial authorities and responsibilities of the Nation.
(t) “License” means a certificate or other document that represents the grant of a
revocable authorization to conduct the licensed activity. A License must be supported by a
physical document, badge, certification or other physical manifestation of the issuance of
the revocable authorization to conduct the licensed activity.
(u) “Licensee” means a person or entity issued a valid License.
(v) “Nation” means the Oneida Nation.
(w) “NIGC” means the National Indian Gaming Commission.
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(x) “Oneida Business Committee” means the elected governing body of the Nation that
exercises the authority delegated it by the Oneida General Tribal Council under Article IV
of the Constitution and By-laws of the Oneida Nation, as may be amended from time-totime hereafter.
(y) “Oneida General Tribal Council” means the Nation’s governing body, as established
by the Constitution and By-laws of the Oneida Nation and as may be amended from timeto-time hereafter.
(z) “Ordinance or ONGO” means the Oneida Nation Gaming Ordinance, as may be
amended from time-to-time hereafter.
(aa) “Regulatory Incident” means the occurrence of any event giving rise to a potential or
alleged non-compliance with a gaming regulation, ordinance, law or policy involving any
person or Licensee on the premises of a Gaming Facility.
(bb) “Remediation” means efforts taken to reduce the source and migration of
environmental contaminants at a site.
(cc) “Reservation” means all lands within the exterior boundaries of the Reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and
any lands added thereto pursuant to federal law.
(dd) “Senior Gaming Management” means the gaming general manager, assistant gaming
general managers, gaming directors and assistant gaming directors.
(ee) “State” means the State of Wisconsin, along with its authorized officials, agents and
representatives.
(ff) “Tribal Fee Land” means all land to which the Nation holds title in fee simple.
(gg) “Tribal Trust Land” means all land to which the United States holds title for the
benefit of the Nation pursuant to federal law.
501.4. Jurisdiction
501.4-1. Territorial Jurisdiction. This Ordinance extends to all land within the exterior
boundaries of the Reservation.
501.4-2. Subject Matter Jurisdiction. This Ordinance applies to all Gaming conducted within
the territorial jurisdiction of the Nation as set forth in section 501.4-1.
501.4-3. Personal Jurisdiction. This Ordinance governs:
(a) The Nation;
(b) Members of the Nation; and
(c) Individuals and businesses leasing, occupying, or otherwise using Tribal Fee Land
on the Reservation and all Tribal Trust Land.
501.5. Oneida Business Committee: Powers and Duties
501.5-1. The Oneida Business Committee retains the power and duty to enter into agreements
or compacts with the State under the Indian Gaming Regulatory Act.
501.5-2. The Oneida Business Committee retains the power and duty to enter into agreements
with local governments and other Tribal governments for services or cooperative ventures for the
Gaming Operations.
501.5-3. The Oneida Business Committee has the exclusive power and duty to enter into
contracts and agreements affecting the assets of the Nation, except for those assets that were placed
under the responsibility of the Oneida Land Commission under Chapter 67 of the Real Property
law.
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501.5-4. The Oneida Business Committee delegates to the Commission, in section 501.6-14 of
this Ordinance, certain authorities and responsibilities for the regulation of Gaming Activities,
Gaming Operations, Gaming Operators, Gaming Employees, Gaming Facilities, Gaming Services,
and the enforcement of laws and regulations.
501.5-5. The Oneida Business Committee retains the duty and responsibility to safeguard all
funds generated by the Gaming Operations and all other authorities and responsibilities not
delegated by a specific provision of this Ordinance.
501.5-6. The Chairperson of the Nation must be the designated and registered agent to receive
notice of violations, orders, or determinations which are issued pursuant to the Indian Gaming
Regulatory Act and the Compact.
501.6. Oneida Gaming Commission
501.6-1. Establishment and Purpose. The Oneida Business Committee has established the
Oneida Gaming Commission for the purpose of regulating all Gaming Activities. The Commission
is an elected body comprised of four (4) members, provided that, the Oneida Business Committee
may, upon request of the Commission, increase the number of Commissioners by resolution without requiring amendment of this Ordinance.
501.6-2. Location and Place of Business. The Commission shall maintain its offices and
principal place of business within the Reservation.
501.6-3. Duration and Attributes. The Commission will have perpetual existence and succession
in its own name, unless dissolved by a law of the Nation. Operations of the Commission must be
conducted on behalf of the Nation for the sole benefit of the Nation and its members. The Nation
reserves unto itself the right to bring suit against any person or entity in its own right, on behalf of
the Nation, or on behalf of the Commission, whenever the Nation considers it necessary to protect
the sovereignty, rights, and interests of the Nation or the Commission.
501.6-4. Sovereign Immunity of the Nation. All inherent sovereign rights of the Nation with
respect to the existence and activities of the Commission are hereby expressly reserved.
(a) The Nation confers upon the Commission sovereign immunity from suit as set forth
in the Nation’s Sovereign Immunity law.
(b) Nothing in this Ordinance nor any action of the Commission may be construed to be:
(1) A waiver of the sovereign immunity of the Commission or the Nation;
(2) Consent by the Commission or the Nation to the jurisdiction of the Judiciary,
the United States, a state or any other tribe; or
(3) Consent by the Nation to any suit, cause of action, case or controversy; or the
levy of any judgment, lien, or attachment upon any property of the Commission or
the Nation.
501.6-5. Requirements of Commission Membership.
(a) Qualifications. Candidates for election or appointment to the Commission must be at
least twenty-one (21) years of age on the day of the election or on the day of appointment.
(1) Candidates for election to the Commission shall further meet the following
qualifications within five (5) business days after a caucus for elected positions on
the Commission. Candidates for appointment to the Commission shall meet the
following qualifications on the day of appointment to a vacancy on the Commission
under section 501.6-13 of this Ordinance:
(A) Be an enrolled member of the Nation;
(B) Have a minimum of three (3) years of education experience,
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employment experience and/or regulatory experience in Gaming
Operations related to Gaming Activity, Gaming law, Gaming control or
regulation, or Gaming accounting or of any combination of the foregoing;
and
(C) Meet all other qualifications set forth in this Ordinance.
(b) Conflict of Interest. No person may be considered for election or appointment as a
Commissioner until the candidate has disclosed all conflicts of interest as defined in the
Nation’s Conflict of Interest law.
(c) Background Investigation. No person may be considered for election or appointment
as a Commissioner until a preliminary Background Investigation has been completed and
the person has been found to meet all qualifications.
(1) Swearing into office is subject to a Background Investigation regarding the
qualifications set forth in sections 501.6-5 and 501.6-6 upon being elected or
appointed to office.
501.6-6. Unless pardoned for activities under subsections (a) and/or (d) by the Nation, or
pardoned for an activity under subsections (a) and/or (d) by another Federally-recognized Indian
Tribe for an action occurring within the jurisdiction of the Federally-recognized Indian Tribe, or
pardoned for an activity under subsections (a) and/or (d) by the State or Federal government, no
individual may be eligible for election or appointment to, or to continue to serve on, the
Commission, who:
(a) Has been convicted of, or entered a plea of guilty or no contest to, any of the
following:1
(1) Any gambling-related offense;
(2) Any offense involving Fraud or misrepresentation;
(3) Any offense involving a violation of any provision of Chapters 562 or 565 of
the Wisconsin Statutes, any rule promulgated by the State of Wisconsin Department
of Administration, Division of Gaming or any rule promulgated by the Wisconsin
Racing Board;
(4) A felony not addressed in paragraphs 1, 2 or 3 during the immediately
preceding ten (10) years; or
(5) Any offense involving the violation of any provision of the Nation’s law
regulating the conduct of Gaming Activities, or any rule or regulation promulgated
pursuant thereto.
(b) Has been determined by the Nation to be a person whose prior activities, criminal
record, if any, or reputation, habits, and associations pose a threat to the public interest or
to the effective regulation and control of Gaming, or create or enhance the dangers of
unsuitable, unfair, or illegal practices, methods, or activities in the operation of Gaming or
the carrying on of the business and financial arrangements incidental thereto;
(c) Possesses a financial interest in or management responsibility for any Gaming
Activity or Gaming Services vendor;
(d) Has been convicted of a crime involving theft, Fraud, or conversion against the
Nation;
(e) Has been removed from any office pursuant to the Nation’s Removal Law within the
1
This section taken substantially from Section IX of the Tribe-State Gaming Compact.
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past five (5) years; or
(f) Is a sitting Commissioner whose term is not concluded at the time of that election or
appointment action.
501.6-7. Term of Office. Commissioners shall serve five (5) year terms and shall serve until a
successor takes the oath of office.
(a) Terms of office must be staggered.
501.6-8. Official Oath. Each Commissioner shall take the official oath at a regular or special
Oneida Business Committee meeting prior to assuming office.
(a) Upon being administered the oath of office, a Commissioner shall assume the duties
of office and must be issued a security card setting forth his or her title and term of office.
501.6-9. Full-Time Status. Each Commissioner shall perform his or her duties and
responsibilities on a full-time basis and shall devote his or her entire work and professional time,
attention and energies to Commission business.
(a) No Commissioner shall, during his or her tenure in office, be engaged in any other
profession or business activity that may impede his or her ability to perform duties on
behalf of the Commission or that competes with the Nation’s interests.
(b) The Commission shall identify the appropriate work schedule for its members.
501.6-10. Bylaws. The Commission shall adopt bylaws subject to review and approval by the
Oneida Business Committee.
501.6-11. Budget and Compensation. The Commission shall function pursuant to an annual
budget.
(a) The Oneida Business Committee shall submit the operating budget of the
Commission for approval in the same fashion as all other budgets of the Nation.
(b) Compensation of Commissioners is not subject to the Nation’s Boards, Committees
and Commissions law, but must be established by the Commission in a manner consistent
with the Commission’s internal rules and bylaws.
(1) The Commission shall adopt internal rules consistent with the Nation’s
existing accounting practices to verify its budgetary expenditures.
501.6-12. Removal. Removal of Commissioners must be pursuant to the Nation’s Removal Law.
501.6-13. Vacancies. Any vacancy in an unexpired term of office, however caused, must be filled
by appointment by the Oneida Business Committee, of a person qualified under sections 501.6-5
and 501.6-6 of this Ordinance, in accordance with the Nation’s Boards, Committees and
Commissions law.
501.6-14. Authority and Responsibilities. Subject to any restrictions contained in this Ordinance
or other applicable law, the Commission is vested with powers including, but not limited to, the
following:
(a) To exercise all power and authority necessary to effectuate the gaming regulatory
purposes of this Ordinance, IGRA, Oneida Gaming Minimum Internal Controls, and the
Compact.
(1) Unless otherwise indicated in this Ordinance, Commission regulation, or
authorized by majority vote of the Commission, no Commissioner may act
independently of the Commission. Any such action may constitute grounds for
removal.
(b) To promote and ensure the integrity, security, honesty and fairness of the regulation
and administration of Gaming.
(c) Subject to review and adoption by the Oneida Business Committee, to draft and
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approve regulations pursuant to this Ordinance for the regulation of all Gaming Activity,
including processes for the enforcement of such regulations consistent with the laws of the
Nation.
(d) To draft and approve the Rules of Play and Oneida Gaming Minimum Internal
Controls; provided, the Rules of Play and Oneida Gaming Minimum Internal Controls
require review and comment by Senior Gaming Management prior to approval by the
Commission and are subject to review by the Oneida Business Committee.
(1) Rules of Play and Oneida Gaming Minimum Internal Controls are minimum
standards with which the Gaming Operations are required to comply and are
audited against.
(2) Comments received from Senior Gaming Management must be included in
any submission to the Oneida Business Committee.
(3) Rules of Play and Oneida Gaming Minimum Internal Controls are effective
upon adoption by the Commission.
(4) The Commission shall provide notice of adoption of the Rules of Play and/or
Oneida Gaming Minimum Internal Controls to the Oneida Business Committee at
the next available regularly scheduled Oneida Business Committee meeting
following such adoption.
(A) If the Oneida Business Committee has any concerns and/or requested
revisions upon review of the Rules of Play and Oneida Gaming Minimum
Internal Controls, the Commission shall work with the Oneida Business
Committee to address such concerns and/or requested revisions.
(i) Unless the Oneida Business Committee repeals the Rules of
Play and/or the Oneida Gaming Minimum Internal Controls adopted
by the Commission, they will remain in effect while the
Commission and the Oneida Business Committee jointly work to
amend the Rules of Play and/or the Oneida Gaming Minimum
Internal Controls adopted by the Commission.
(ii) Should the Oneida Business Committee repeal the Rules of
Play and/or the Oneida Gaming Minimum Internal Controls adopted
by the Commission, the Rules of Play and/or the Oneida Gaming
Minimum Internal Controls that were in effect immediately previous
to those repealed will be automatically reinstated and effective
immediately upon the repeal of the Rules of Play and/or the Oneida
Gaming Minimum Internal Controls adopted by the Commission.
(B) If the Commission does not receive written notice from the Oneida
Business Committee of intent to repeal or amend the Rules of Play and/or
the Oneida Gaming Minimum Internal Controls within thirty (30) days of
the date the Oneida Business Committee is provided notice of the Rules of
Play and/or the Oneida Gaming Minimum Internal Controls adopted by the
Commission, they will remain in effect as adopted by the Commission.
(C) Should the Oneida Business Committee pursue amendments to the
Rules of Play and/or the Oneida Gaming Minimum Internal Controls
adopted by the Commission, the amendments must be completed through
one (1) of the following actions within six (6) months from the date the
amendments are initiated by the Oneida Business Committee:
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(i) if the Commission and the Oneida Business Committee reach an
agreement as to the content of the amendments, the Commission
must adopt revised Rules of Play and/or the Oneida Gaming
Minimum Internal Controls that have been discussed with and
agreed upon by the Oneida Business Committee; or
(ii) if the Commission and the Oneida Business Committee do not
reach an agreement as to the content of the amendments, the Oneida
Business Committee may adopt revised Rules of Play and/or the
Oneida Gaming Minimum Internal Controls that incorporate the
amendments it deems necessary.
(D) If revised Rules of Play and/or Oneida Gaming Minimum Internal
Controls are not adopted by either the Commission or the Oneida Business
Committee within six (6) months from the date the amendments are initiated
by the Oneida Business Committee, the Rules of Play and/or the Oneida
Gaming Minimum Internal Controls originally adopted by the Commission
will remain in effect.
(e) To prepare proposals, including budgetary and monetary proposals, which might
enable the Nation to carry out the purpose and intent of this Ordinance, and to submit the
same for consideration by the Oneida Business Committee; provided, however, that no
such proposal shall have any force or effect unless it is approved by the Oneida Business
Committee.
(f) To monitor and enforce all laws and regulations governing the operation and conduct
of all Gaming Activities, including the ongoing monitoring of Licenses, subject to this
Ordinance and/or regulations setting forth hearing or enforcement processes.
(g) To monitor and investigate all Gaming Operators for compliance with internal audits,
and external audits.
(h) To inspect, examine, and photocopy all papers, books, and records of Gaming
Activities and any other matters necessary to carry out the duties pursuant hereto; provided,
that all photocopies of documents must be maintained in a confidential manner or in the
same manner as the original.
(i) To grant, deny, revoke, condition, suspend or reinstate the Licenses of Gaming
Employees, Gaming Services vendors, and Gaming Operators.
(j) To conduct hearings relating to Licenses issued under this Ordinance by the
Commission.
(k) To review all vendors doing business with the Gaming Operator to verify that such
persons or entities hold a valid License, where required, to do business with a Gaming
Operator.
(l) To retain professional advisors such as attorneys, law enforcement specialists, and
Gaming professionals consistent with the Nation’s laws and practices.
(m) To arbitrate, negotiate, or settle any dispute to which it is a party, and which relates
to its authorized activities.
(n) To act as the designated agent to receive all regulatory notices not included in section
501.5-6 of this Ordinance.
(o) To investigate all Regulatory Incidents.
(p) To issue warnings or notices of violation, in accordance with regulations, to Gaming
Operators and Licensees for non-compliance with the Compact, Oneida Gaming Minimum
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Internal Controls, Rules of Play, IGRA, or this Ordinance.
(q) To make determinations regarding suitability for licensing.
(r) To establish an administrative structure by regulation to carry out its authority and
responsibilities.
(s) To establish, where needed, additional processes for conducting licensing hearings
by regulation.
(t) To establish and collect fees for processing License applications by regulation.
(u) To establish and impose a point system for findings of regulatory violations by any
Gaming Employee by regulation.
(v) To establish and impose a fine system for findings of regulatory violations by any
Gaming Services vendor or permittee by regulation.
(w) To approve procedures that provide for the fair and impartial resolution of patron
complaints.
501.6-15. Reporting Requirements. The Commission shall adhere to the following reporting
requirements:
(a) A true, complete and accurate record of all proceedings of the Commission must be
kept and maintained;
(b) Complete and accurate minutes of all Commission meetings must be filed with the
Secretary of the Oneida Business Committee within thirty (30) days of their approval by
the Commission;
(c) Quarterly, or as may be directed by the Oneida Business Committee, reports of the
Commission’s activities, including information regarding funding, income and expenses
and any other matters to which the parties may agree, must be submitted to the Oneida
Business Committee.
501.6-16. Oneida Gaming Commission Personnel. The Commission shall hire an Executive
Director who is responsible for hiring and managing the personnel of the Commission.
(a) The Executive Director shall hire such personnel as is necessary to assist the
Commission to fulfill its responsibilities under this Ordinance, the IGRA, the Compact and
all governing regulations, including the Oneida Gaming Minimum Internal Controls.
(b) The Executive Director and personnel of the Commission must be hired through the
Nation’s regular personnel procedure and are subject to its personnel policies and salary
schedules.
(1) The Executive Director and personnel shall meet the requirements set forth in
section 501.12-3 of this Ordinance at hiring and during employment.
501.7. Gaming Surveillance: Powers, Duties and Limitations
501.7-1. Purpose. The purpose of Gaming Surveillance is to observe and report Regulatory
Incidents to the Commission and Gaming General Manager to provide for the regulation,
operation, and compliance of Gaming Activities under this Ordinance.
(a) Gaming Surveillance is a department within the Commission’s administrative
structure and supervision must be identified within the organizational chart adopted by the
Commission; provided, nothing in the designation of supervisory responsibility may be
deemed to prohibit the responsibility of Gaming Surveillance to provide information and/or
video and/or audio records to the parties identified in section 501.7-3 of this Ordinance.
501.7-2. Gaming Surveillance shall be responsible for all Gaming surveillance activities
including, but not limited to, equipment and maintenance of equipment, observation and reporting
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of all persons to include Gaming Employees, customers, consultants, and Gaming Services
vendors.
501.7-3. Surveillance personnel shall provide to Senior Gaming Management, the Commission,
or Gaming Security a copy of any time-recorded video and accompanying audio (if available)
within twenty-four (24) hours of request.
501.7-4. Gaming Surveillance shall:
(a) Develop, implement and maintain written policies and procedures for the conduct
and integrity of the Surveillance Department.
(b) Develop, implement and maintain additional procedures governing the use and
release of the surveillance recordings or reports.
(c) Work cooperatively with the Gaming Security Department to carry out its official
duties and to coordinate its activities in order to effectuate the protection of patrons and the
assets of the Gaming Operation.
(d) Develop, implement and maintain written policies and procedures for
implementation of duties and responsibilities identified with the Oneida Gaming Minimum
Internal Controls, subject to approval by the Commission.
501.8. [Reserved for future use.]
501.9. Gaming Security Department
501.9-1. Purpose. The purpose of the Gaming Security Department is to protect Gaming assets,
patrons and Gaming Employees from an activity, repeat activity, or ongoing activities which could
injure or jeopardize Gaming assets, patrons and Gaming Employees.
(a) The Oneida Business Committee shall be responsible for the supervision, as well as
oversight, of the Gaming Security Department and the Gaming Security Department shall
report directly to the Oneida Business Committee per the process and schedule set by the
Oneida Business Committee; provided, all reports of the Gaming Security Department
must be copied to the Commission.
501.9-2. Reporting. The Internal Security Director, Gaming General Manager and Commission
shall enter into an agreement, subject to ratification by the Oneida Business Committee, describing
their responsibilities and reporting requirements under this Ordinance.
(a) When investigations involve or uncover a possible criminal or quasi-criminal
activity, the Gaming Security Department shall report the activity to the Oneida Police
Department for further review and investigation by the Oneida Police Department under
its separate departmental authority.
501.9-3. The Gaming Security Department shall:
(a) Develop, implement and maintain written policies and procedures for the conduct
and integrity of Gaming Security, as identified in the Oneida Gaming Minimum Internal
Controls and subject to approval by the Commission.
(b) Develop, implement and maintain additional procedures governing the use and
release of the investigation reports.
(c) Work cooperatively with Gaming Surveillance to carry out its official duties and to
coordinate activities between the departments.
501.9-4. Investigations. This section is intended to authorize report gathering, information
gathering, and preliminary review, to be conducted by the Gaming Security Department.
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501.10. Background Investigations
501.10-1. The Human Resources Department and the Commission shall enter into an agreement,
subject to ratification by the Oneida Business Committee, for carrying out Background
Investigations for employees as required under this Ordinance.
501.10-2. Background Investigations must be conducted on all persons or entities as specified
under this Ordinance.
(a) All Background Investigations must be conducted to ensure that the Nation in its
Gaming Operations may not employ or contract with persons whose prior activities, or
reputation, habits and associations pose a threat to the public interest or to the effective
regulation of Gaming, or create or enhance the dangers of unsuitable, unfair or illegal
practices and methods in the conduct of such Gaming.
(1) The identity of any person interviewed in order to conduct a Background
Investigation must be confidential.
501.11. Licenses, Generally
501.11-1. The Commission shall adopt procedures that ensure the efficient and orderly processing
of all applications for a License.
(a) All Gaming Employees, Gaming Services vendors and Gaming Operators shall apply
for a License from the Commission prior to their participation in any Gaming Activity.
(b) All Gaming Facilities must be licensed by the Oneida Business Committee.
501.11-2. Temporary License. All Applicants, upon receipt by the Commission of a completed
application for a License and completion of a preliminary Background Investigation, may receive
a temporary license for a ninety (90) day period, unless a Background Investigation of the
application demonstrates grounds to disqualify the Applicant.
(a) A temporary license permits the Licensee to engage in such activities pursuant to any
terms and conditions imposed and specified by the Commission.
(b) A temporary license is valid until either replaced by a License, the ninety (90) day
temporary license period has concluded, or the temporary license is cancelled by the
Commission, whichever occurs first.
501.11-3. Revocable. A License is revocable only in accordance with the procedures set forth in
this Ordinance.
(a) A Licensee has only those rights and protections regarding a License granted in this
Ordinance.
501.11-4. All Applicants:
(a) Consent to the release of any information relevant to the Applicant’s Background
Investigation by any person or entity in possession of such information.
(b) Consent to the jurisdiction of the Nation and are subject to all applicable Oneida,
Federal, and State laws, regulations and/or policies.
501.11-5. All Licensees are subject to ongoing review at least every two (2) years by the
Commission.
501.11-6. Status of Licenses. The Commission shall notify the Gaming Operation of the status of
all Licenses, whether temporary or permanent, including all Commission action to revoke, suspend
or condition a License.
501.11-7. Commission Licensing Actions. The Commission may grant, deny, revoke, condition,
suspend or reinstate all Licenses, except for Gaming Facilities Licenses, in accordance with this
Ordinance.
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(a) Authority to place conditions on a License may be exercised only upon promulgation
of regulations.
501.11-8. Noncompliance. The Commission may issue a notice of noncompliance when the
Commission has developed regulations that identify procedures that notices of noncompliance may
be issued to Licensees and permittees which provide an opportunity to correct actions.
(a) Such regulations must include procedures for appeal of such notices and may include
the ability to issue fines not to exceed one thousand dollars ($1000.00) per violation for
Gaming Services vendors and permittees.
501.12. Gaming Employee License
501.12-1. Scope of Section. This section applies only to Gaming Employee Licenses and licensing
actions.
501.12-2. License Application. Every Applicant for a License shall file with the Commission a
written application in the form prescribed by the Commission, duly executed and verified, which
must certify:
(a) Applicant’s full name and all other names used (oral or written), Social Security
Number(s), place of birth, date of birth, citizenship, gender, and all languages (spoken or
written).
(b) Currently, and for the previous five (5) years: business and employment positions
held, ownership interests in those businesses, business and residence addresses, and
driver’s license number(s).
(c) The names and current addresses, of at least three (3) personal references, including
one (1) personal reference who was acquainted with the Applicant during each period of
residence listed in subsection (b) above.
(d) Current business and residence telephone numbers.
(e) A description of any existing and previous business relationships with Indian Tribes,
including ownership interest in those businesses.
(f) A description of any existing and previous business relationship with the Gaming
industry generally, including ownership interest in those businesses.
(g) The name and address of any licensing or regulatory agency with which the Applicant
has filed an application for a license or permit related to Gaming, whether or not such
license or permit was granted.
(h) The name and address of any licensing or regulatory agency with which the Applicant
has filed an application for an occupational license or permit, whether or not such license
or permit was granted.
(i) For each felony conviction or ongoing prosecution or conviction, the charge, the
name and address of the court involved, and the date and disposition, if any.
(j) For each misdemeanor or ongoing misdemeanor prosecution (excluding violations
for which jail time is not part of the potential sentence) within ten (10) years of the date of
the application, the name and address of the court involved, and the date and disposition.
(k) For each criminal charge (excluding charges for which jail time is not part of the
potential sentence) whether or not there is a conviction, if such criminal charge is within
ten (10) years of the date of the application and is not otherwise listed pursuant to subsections (i) or (j) of this section, the criminal charge, the name and address of the court
involved and the date and disposition.
(l) A photograph.
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(m) Fingerprints consistent with procedures adopted by the Commission which meet the
criteria set forth in 25 C.F.R. section 522.2(h).
(1) The Commission is the agency that takes the fingerprints.
(n) Any other information the Commission deems relevant for a Gaming Employee
License.
(o) A statement that each Applicant has read and understands notices and the NIGC
requirements relating to:
(1) The Privacy Act of 1974;
(2) Fraud and False Statements Act; and
(3) Fair Credit Reporting Act.
501.12-3. License Qualifications. No License may be granted if the Applicant:
(a) Is under the age of eighteen (18).
(b) Unless pardoned for activities under this subsection by the Nation, or pardoned for
activities under this subsection by another Federally-recognized Indian Tribe for an action
occurring within the jurisdiction of the Federally-recognized Indian Tribe, or pardoned for
activities under this subsection by the state or Federal government, has been convicted of,
or entered a plea of guilty or no contest to, any of the following:
(1) Any gambling-related offense;
(2) Any offense involving Fraud or misrepresentation;
(3) Any offense involving a violation of any provision of Chapters 562 or 565 of
the Wisconsin Statutes, any rule promulgated by the State of Wisconsin Department
of Administration, Division of Gaming, or any rule promulgated by the Wisconsin
Racing Board;
(4) A felony not addressed in paragraphs (1), (2), or (3), during the immediately
preceding ten (10) years; or
(5) Any offense involving the violation of any provision of the Nation’s law that
regulates the conduct of Gaming Activities, or any rule or regulation promulgated
pursuant thereto.
(c) Is determined to be a person whose prior activities, criminal record, reputation, habits
or associations pose a threat to the public interest or to the effective regulation and control
of Gaming or create or enhance the dangers of unsuitable, unfair or illegal practices,
methods or activities in the operation of Gaming Activities or the carrying on of the
business and financial arrangements incidental thereto.
(d) Possesses a financial interest in or management responsibility for any Gaming
Activity or Gaming Services vendor, or he or she has any personal, business, or legal
relationship which places him or her in a conflict of interest as defined in this Ordinance
or the Nation’s Conflict of Interest law.
(e) Each person licensed as a Gaming Employee has a continuing obligation to inform
the Commission immediately upon the existence of any circumstance or the occurrence of
any event which may disqualify him or her from being licensed as a Gaming Employee.
(1) Failure to report any such occurrence may result in suspension or revocation
of the Gaming Employee’s License.
501.12-4. Initial Eligibility Determination.
(a) Based on the results of the preliminary Background Investigation, the Commission
shall make an initial determination regarding an Applicant’s eligibility and either:
(1) Grant a temporary license, with or without conditions, to the Applicant; or
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(2) Deny the License application and provide notice to the Applicant that he or
she may request a hearing regarding the decision consistent with subsection (b)
below.
(b) If the Commission determines that an Applicant is ineligible for a License, the
Commission shall notify the Applicant.
(1) The Commission shall set forth regulations for an Applicant to review any
information discovered during the preliminary Background Investigation prior to
scheduling a hearing under section 501.12-10 of this Ordinance.
(2) The suspension or revocation hearing provisions set forth at section 501.12-9
of this Ordinance do not apply to Initial Eligibility Determinations.
501.12-5. Eligibility Determination and Notification to NIGC. When a Gaming Employee begins
employment at a Gaming Operation, the Commission shall:
(a) Require the Gaming Employee to submit a completed application for employment
that contains the notices and information listed in section 501.12-2 of this Ordinance;
(b) Review the Background Investigation of the Gaming Employee;
(1) Within sixty (60) days after a Gaming Employee begins employment at a
Gaming Facility under a temporary license, the Commission shall make an
eligibility determination regarding whether the Gaming Employee may receive a
License based upon the results of the Background Investigation.
(c) Create an investigative report based on each Background Investigation performed;
(1) The investigative report must include the steps in conducting the Background
Investigation, results obtained, conclusions reached and the basis for those
conclusions.
(d) Prior to issuing a License to a Gaming Employee and within sixty (60) days after the
Gaming Employee begins employment at a Gaming Facility, submit a notice of results of
the Background Investigation to the NIGC for inclusion in the Indian Gaming Individual
Record System; and
(1) The notice of results must include the following, provided that any additional
or alternate information must be forwarded as directed in regulations or rules
adopted by the NIGC:
(A) The Gaming Employee’s name, date of birth, and Social Security
Number;
(B) The date on which the Gaming Employee began employment;
(C) A summary of the information presented in the investigative report,
including:
(i) License(s) that have previously been denied;
(ii) Gaming licenses that have been revoked, even if subsequently
reinstated;
(iii) Every known criminal charge brought against the Gaming
Employee within the last ten (10) years of the date of the application;
and
(iv) Every felony of which the Gaming Employee has been
convicted or any ongoing prosecution.
(D) A copy of the eligibility determination made under section 501.12-5
(b) of this Ordinance.
(e) All applications, Background Investigations, investigative reports, suitability
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determinations, findings and decisions of the Commission must be retained in the
Commission’s files for a period of at least three (3) years from the date the Gaming
Employee’s employment is terminated.
501.12-6. License Issuance. The Commission may issue a License to a Gaming Employee at any
time after providing the NIGC with a notice of results as required under section 501.12-5(d) of this
Ordinance; however, a Gaming Employee who does not have a License ninety (90) days after the
start of employment must have his or her employment terminated.
(a) The Commission shall notify the NIGC of the issuance or denial of a License to a
Gaming Employee within thirty (30) days after the License is issued or denied.
(b) Any Gaming Employee License issued under this section is effective from the date
of issuance and must contain the Gaming Employee’s photograph, the Gaming Employee’s
name, and the date that the License became effective.
(1) If a Gaming Employee is promoted, transferred, reassigned, or the position is
reclassified, the Gaming Employee shall notify in writing the Commission, and the
Commission shall review the Gaming Employee’s License.
(c) The Commission retains the right to grant, deny, revoke, condition, suspend, or
reinstate Licenses subject to the right to appeal the decision under the processes set forth
in this Ordinance.
501.12-7. Requirement to Wear License. During working hours, all Licensees shall wear their
License in a conspicuous place that is plainly visible by all employees, the Nation’s Gaming
patrons and surveillance.
501.12-8. NIGC Review.
(a) During a thirty (30) day period, beginning when the NIGC receives a notice of results
submitted pursuant to section 501.12-5(d) above, the Chairman of the NIGC may request
additional information from the Commission concerning the Gaming Employee.
(1) Such a request suspends the thirty (30) day period until the Chairman receives
the additional information.
(b) If, within the thirty (30) day period after the NIGC receives the notice of results, the
NIGC notifies the Commission that it has no objection to the issuance of a License, and
the Commission has not yet issued a License to the Gaming Employee, the Commission
may grant the License to the Gaming Employee.
(c) If, within the thirty (30) day period after the NIGC receives the notice of results, the
NIGC provides the Commission with a statement itemizing objections to the issuance of a
License, the Commission shall reconsider the application, taking into account the
objections itemized by the NIGC.
(1) The Commission shall make the final decision whether to issue a License to
the Gaming Employee, or if the Gaming Employee has already been licensed,
whether to suspend or revoke the License in accordance with section 501.12-9 of
this Ordinance.
(d) Upon receipt of notification from the NIGC that a Gaming Employee who has already
been licensed is not eligible for employment, the Commission shall immediately suspend
the License in accordance with section 501.12-9 of this Ordinance.
501.12-9. Suspension or Revocation of Licenses. Except as provided in section 501.12-8(d) or
501.12-9(c) of this Ordinance, no License may be suspended or revoked except after notice and
opportunity for hearing.
(a) Basis for Licensing Action. The Commission may suspend, condition, or revoke any
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License issued under this Ordinance if:
(1) After the issuance of a License, the Commission receives from the NIGC or
other source reliable information indicating that a Gaming Employee is not eligible
for a License under section 501.12-3 of this Ordinance; or such information would
justify the denial of the renewal of any License, the Commission shall issue a
written notice of suspension.
(2) The Commission issues a written notice of suspension demonstrating that the
Licensee:
(A) Has knowingly made a materially false or misleading statement in any
application for a License, in any amendment thereto, or in response to a
request by the Commission for supplemental information or in connection
with any investigation of the Commission;
(B) Has knowingly promoted, played, or participated in any Gaming
Activity operated in violation of the Compact, Oneida or federal law, and
this Ordinance;
(C) Has bribed, attempted to bribe, or has received a bribe from a
Commissioner or any other person in an attempt to avoid or circumvent any
applicable law;
(D) Has falsified any books or records relating to any transaction
connected with the operation of a Gaming Activity;
(E) Has refused to comply with any lawful directive of the Nation, Federal
government, or any court of competent jurisdiction; or
(F) Has been convicted of, or entered a plea of guilty or no contest to, a
crime involving the sale of illegal narcotics or controlled substances.
(b) Suspension Notice. The Commission’s notice of suspension must be in writing and
must, at a minimum, notify the Licensee of the following:
(1) The Licensee’s right to review a file prior to any hearing regarding the notice
of suspension, and to make copies of any documents contained in that file;
(2) The Licensee’s right to request a hearing on the proposed licensing action, to
present documents and witness testimony at that hearing, and to be represented by
counsel;
(3) The specific grounds upon which the proposed licensing action is based,
including citations to relevant sections of this Ordinance, the IGRA and any
applicable regulations and/or the Compact; and
(4) The time and place set by the Commission for the Licensee’s hearing.
(c) Immediate Suspension. If, in the judgment of the Commission, the public interest and
effective regulation and control of Gaming Activities requires the immediate exclusion of
a Licensee, the Commission may immediately suspend a License prior to the conduct of a
hearing on the matter.
(1) Such an immediate suspension may take effect upon service of the notice of
immediate suspension.
(d) Any notice of suspension or notice of immediate suspension must set forth the times
and dates for when the Licensee may review his or her file and the date for a hearing on
any proposed licensing action.
(e) Within fifteen (15) business days after a hearing, the Commission shall issue a final
written licensing decision and decide whether to suspend, uphold an immediate suspension,
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revoke, or take other action concerning a License.
(1) If the License was suspended, conditioned or revoked based on information
from the NIGC or other source under section 501.12-8(d) or 501.12-9(a)(1) of this
Ordinance, the Commission shall forward a copy of its decision to the NIGC within
forty-five (45) days of receiving the NIGC’s or the other source’s notification
indicating that a Gaming Employee is not eligible for a License.
(f) If a Licensee fails to appear for his or her hearing before the Commission, that right
is deemed to have been waived and the Commission will proceed on the proposed licensing
action by default.
(g) Unless identified in this Ordinance or regulations of the Commission, the hearing
processes set forth in the Nation’s Administrative Procedures Act shall apply.
501.12-10. Original Hearing Body. Any person aggrieved by a licensing decision of the
Commission may appeal the decision by filing a request for an original hearing before the
Commission.
(a) The Licensee may file any such request with the Commission in writing on or before
the fifteenth (15th) day following receipt of the Commission’s decision.
(b) The Commission shall certify the record, developed in accordance with section
501.12-4 or 501.12-9(a) of this Ordinance, within thirty (30) days of the date of the filing
of the request for an original hearing.
(c) Those Commissioners serving on the original hearing body may not include the
Commissioners who participated in the licensing decision from which the original hearing
is scheduled.
(d) The Commission may decide to review the decision solely on the licensing decision
record and briefs filed regarding the request for reconsideration.
(1) The Commission may also, in its sole discretion, grant oral arguments.
(e) The Commission shall issue a written decision determining whether to uphold the
Commission’s licensing decision, including whether to revoke or reinstate a License,
within one hundred twenty (120) days from receipt of the request for the original hearing.
(1) The Commission’s decision is considered an original hearing decision and an
appeal may be made to the Judiciary as an appeal of an original hearing body.
501.12-11. Notice to Oneida Business Committee. Prior to any suspension or revocation of a
License of the Gaming General Manager, the Commission shall provide notice to the Oneida
Business Committee twenty-four (24) hours prior to the issuance of the suspension or revocation.
501.12-12. Record of Proceedings. The Commission shall maintain a complete and accurate
record of all licensure proceedings.
501.12-13. Revocation of a License is solely limited to the licensing matter. Employment related
processes resulting from revocation of a License are determined solely through the personnel
processes and procedures of the Nation and are not licensing matters governed by this Ordinance.
501.13. Gaming Services Licensing and Non-Gaming Services Permitting
501.13-1. Scope of Section. This section applies to all individuals and entities providing Gaming
Services.
(a) The requirements of this Section are in addition to, and do not alter or amend any
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requirements imposed by the Nation’s Vendor Licensing law.2
501.13-2. Gaming Services License or Non-Gaming Services Permit Required.
(a) Gaming Services License. Any Gaming Services vendor providing Gaming related
contract goods or services as defined under Article VII(A) of the Compact to the Gaming
Operation shall possess a valid Gaming Services License.
(b) Non-Gaming Services Permit. Any vendor providing non-gaming related goods or
services to the Gaming Operation shall possess a valid Non-Gaming Services permit.
(c) Determinations regarding the issuance of a License or permit under this section must
be made by the Commission which may be subject to requests for reconsideration by the
Gaming Services vendor within fourteen (14) business days of receipt by the Gaming
Services vendor of the notice of License or permit determination.
501.13-3. Approved Gaming Services Vendor List. The Commission shall maintain an updated
and complete list of all Gaming Services vendors that possess current and valid Gaming Services
Licenses or Non-Gaming Services permits from the Commission, which is known as the Approved
License and Permit List.
(a) Gaming Operations may only do business with vendors that possess valid and current
Gaming Services Licenses or Non-Gaming Services permits and who appear on the
Approved License and Permit List.
501.13-4. Gaming Services License/Permit Application. Every Applicant for a License or
permit shall file with the Commission a written application in the form prescribed by the
Commission, duly executed and verified, which must provide and certify the following; provided,
Non-Gaming Services vendors with less than two thousand five hundred dollars ($2,500.00) in
services for the prior fiscal year are only required to file a notice of doing business with the
Commission:
(a) The Applicant’s name and mailing address;
(b) The names and addresses of each officer or management official of the Applicant;
(c) A copy of the Applicant’s articles of incorporation and bylaws, or if not a corporation,
the Applicant’s organizational documents;
(d) Identification of an agent of service for the Applicant;
(e) The name and address of each person having a direct or indirect financial interest in
the Applicant;
(f) The nature of the License or permit applied for, describing the activity to be engaged
in under the License or permit;
(g) Explicit and detailed disclosure of any criminal record, including any delinquent
taxes owed to the United States, or any state, of the Applicant, any person involved in the
organization, and any person of interest whose name appears or is required to appear on
the application;
(h) Whether the Applicant is or has been licensed by the State of Wisconsin Office of
Indian Gaming Regulation and Compliance and, if applicable, proof of current licensure;
(i) Whether the Applicant has been licensed in the State of New Jersey, Nevada or by
any other gaming jurisdiction, including any Indian Tribe or Tribal governmental
organization and, if so, proof of such licensure and the status of any such License;
(j) Whether the Applicant has been denied a License by any gaming jurisdiction and, if
2
See also Appendix 1. Vendor Licensing/Permit.
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so, the identity of the jurisdiction, the date of such decision and the circumstances
surrounding that decision;
(k) Whether any License held by the Applicant has been refused renewal, conditioned,
suspended or revoked by an issuing authority and, if so, the circumstances surrounding that
action;
(l) A statement of waiver allowing the Nation to conduct a Background Investigation of
the Applicant and any person whose name appears or is required to appear on the
application;
(m) Whether the Applicant or any person whose name appears or is required to appear on
the application has or has had any business with the Nation or any business or personal
relationship with any of the Nation’s officers or employees;
(n) The name and contact information for all Tribes or Tribal organizations with whom
the Applicant or any person whose name appears or is required to appear on the application
has done business;
(o) Whether the Applicant or any person whose name appears or is required to appear on
the application maintains any involvement in the business of wholesale distribution of
alcoholic beverages;
(p) A statement that the Applicant has read and understands notices and the NIGC
requirements relating to:
(1) The Privacy Act of 1974;
(2) False statements; and
(3) The Fair Credit Reporting Act.
(q) All additional information necessary to allow the Commission to investigate the
Applicant and any person whose name appears or is required to appear on the application.
501.13-5. Signature on Application. Applications for Licenses or permits must be signed by the
following person:
(a) For companies and corporations (both for profit and non-profit), the highest ranking
official of the corporation or other person to whom the authority to execute the application
has been properly delegated.
(b) For a sole proprietorship, the principal owner.
(c) For a partnership, all partners.
(d) For a limited partnership, the general partner or partners.
501.13-6. Incomplete Applications. Applications that do not contain all information requested,
including proper signatures, will be considered incomplete.
(a) Incomplete applications will not be considered by the Commission.
(b) The Commission shall notify an Applicant if an application is incomplete and what
additional information is necessary to complete the application.
(1) If an Applicant who has submitted an incomplete application, and been
notified of the deficiency in that application, fails to provide the information
requested by the Commission, the application will be returned to the Applicant and
the file closed.
501.13-7. Supplemental Information. The Commission may, in its discretion, request
supplemental information from the Applicant.
(a) Supplemental information requested by the Commission must be promptly submitted
by the Applicant.
(1) An Applicant’s failure or refusal to submit supplemental information
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requested by the Commission may constitute grounds for the denial of the
application.
501.13-8. Continuing Duty to Provide Information. Applicants, permittees, and Licensees owe
a continuing duty to provide the Commission with information and materials relevant to the
Applicant’s, permittee’s, or Licensee’s character or fitness to be licensed, including but not limited
to any change in the licensing or permitting status of the Applicant, permittee, or Licensee in any
foreign jurisdiction.
(a) An Applicant’s, permittee’s, or Licensee’s failure to notify the Commission promptly
of inaccuracies on an application or new information or materials relevant to him or her
may constitute grounds to deny, suspend or revoke a License or permit.
501.13-9. Background Investigations. Background Investigations for Gaming Services vendors
must be conducted as follows:
(a) Gaming Related Equipment Gaming Services Vendors under Fifty Thousand Dollars
($50,000.00) in Goods and/or Services Annually. The Commission shall conduct the
Background Investigations that are sufficient to determine the eligibility for licensing of
all Gaming Services vendors that provide or anticipate providing under fifty thousand
dollars ($50,000.00) in goods and services annually.
(b) Gaming Related Equipment Gaming Services Vendors over Fifty Thousand Dollars
($50,000.00) in Goods and/or Services Annually. The Commission shall review the
background investigation conducted by the Wisconsin Office of Indian Gaming Regulation
and shall conduct any necessary additional Background Investigation to ensure that the
State background investigation is complete and current.
(c) Other Non-Gaming Related Goods and/or Services Gaming Services Vendors. The
Commission shall conduct Background Investigations on a sufficient number of randomly
selected applications in order to verify the accuracy of all applications.
(1) The random selection process must be identified by regulation of the
Commission.
501.13-10. Licensing Action in a Foreign Jurisdiction. If the States of Wisconsin, New Jersey,
Nevada or any other gaming jurisdiction refuse to renew a License or permit, or conditions,
suspends or revokes the License or permit of an Applicant, permittee or Licensee, such action may
constitute grounds for similar action by the Commission.
501.13-11. Claim of Privilege. At any time during the licensing or permitting process, the
Applicant may claim any privilege afforded by law.
(a) An Applicant’s claim of privilege with respect to the production of requested
information or documents or the provision of required testimony or evidence may
constitute grounds for the denial, suspension or revocation of a License or permit.
501.13-12. Withdrawal of an Application. An Applicant may request to withdraw an application
by submitting a written request to the Commission.
(a) The Commission retains the right, in its exclusive discretion, to grant or deny a
request for withdrawal.
(b) An Applicant who withdraws an application is precluded from re-applying for a
Gaming Services License or Non-Gaming Services permit for a period of one (1) year from
the date the application was withdrawn.
501.13-13. Suspension or Revocation of Gaming Services Licenses or Permits. Except as
provided in section 501.13-13(c) of this Ordinance, no License or permit may be suspended or
revoked except after notice and opportunity for hearing.
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(a) Basis for Licensing or Permitting Action. The Commission may suspend, modify, or
revoke any Gaming Services License or Non-Gaming Services permit issued under this
Ordinance if, after issuance of the License or permit, the Commission receives reliable
information that would justify denial of the issuance or renewal of a License or permit, or
if the Commission determines that the Licensee or permittee has:
(1) Knowingly made a materially false or misleading statement in any application
for a License or permit, in any amendment thereto, or in response to a request by
the Commission for supplemental information or in connection with any
investigation of the Commission;
(2) Knowingly promoted, played or participated in any Gaming Activity operated
in violation of the Compact, any law of the Nation, or other applicable law;
(3) Bribed or attempted to bribe a Commissioner or any other person in an
attempt to avoid or circumvent any applicable law;
(4) Falsified any books or records relating to any transaction connected with
operation of a Gaming Activity;
(5) Refused to comply with a lawful directive of the Nation, the federal
government, or any court of competent jurisdiction; or
(6) Been convicted of or entered a plea of guilty or no contest to a crime involving
the sale of illegal narcotics or controlled substances.
(b) Suspension Notice. The Commission shall provide a Licensee or permittee with
written notice of suspension, which must, at a minimum, notify the Licensee or permittee
of the following:
(1) The Licensee’s or permittee’s right to conduct a file review prior to any
hearing regarding the notice of suspension, and to make copies of any documents
in that file;
(2) The Licensee’s or permittee’s right to present documents and witness
testimony at the hearing and to be represented by counsel;
(3) The specific grounds upon which the suspension is based, including citations
to relevant sections of this Ordinance, the IGRA, any applicable regulations and/or
the Compact; and
(4) The time and place set by the Commission for the Licensee’s or permittee’s
file review and hearing.
(c) Immediate Suspension. If, in the judgment of the Commission, the public interest and
effective regulation and control of others require the immediate exclusion of a Licensee or
permittee, the Commission may immediately suspend a License or permit prior to a hearing
on the matter.
(1) Such an immediate suspension takes effect upon service of the notice of
immediate suspension.
(d) File Review and Hearing. Any notice of suspension or notice of immediate
suspension must set forth the time and date for the Licensee or permittee to conduct a file
review and for a hearing.
(e) Final Written Decision. Within fifteen (15) business days after a hearing, the
Commission shall issue a final written decision and decide whether to suspend, uphold an
immediate suspension, revoke, or take other action concerning a License or permit.
(f) Default. If a Licensee or permittee fails to appear for his or her hearing before the
Commission, that right is deemed to have been waived and the Commission will proceed
5 O.C. 501 – Page 22
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on the proposed licensing action by default.
(g) Unless identified in this Ordinance or regulations of the Commission, the hearing
processes set forth in the Nation’s Administrative Procedures Act shall apply.
501.13-14. Original Hearing Body. Any person aggrieved by a licensing or permitting decision
of the Commission may appeal the decision by filing a request for an original hearing before the
Commission.
(a) The Applicant, Licensee or permittee may file such request with the Commission in
writing on or before the fifteenth (15th) day following the receipt of the Commission’s
decision.
(b) The Commission shall certify the record, developed in accordance with section
501.13-9 or 501. 13 -13(a) of this Ordinance, within thirty (30) days of the date of the filing
of the request for an original hearing.
(1) Those Commissioners participating in the initial licensing or permitting
decision may not participate in the original hearing.
(c) The Commission may determine to review the decision solely on the licensing or
permitting decision record and briefs filed regarding the request for reconsideration.
(1) The Commission may also, in its sole discretion, grant oral arguments.
(d) The Commission shall issue a written decision within one hundred twenty (120) days
from receipt of the request for the original hearing.
(1) The Commission’s decision is considered an original hearing decision and an
appeal may be made to the Judiciary as an appeal of an original hearing body.
501.14. Gaming Facility License
501.14-1. The construction and maintenance of any Gaming Facility, and the operation of
Gaming Activities, must be conducted in a manner which adequately protects the environment and
the public health and safety, and must comply with requirements of the Compact and all other
applicable health, safety, and environmental standards.
501.14-2. The Oneida Business Committee must receive, review and grant or deny any
application for licensing any Gaming Facilities located within the Reservation. Applicants shall
provide the Oneida Business Committee sufficient information to show the following:
(a) The Gaming Facility meets all applicable health and safety standards of the Nation
and Federal government.
(1) To show compliance with applicable health and safety standards, Gaming
Operator shall submit certified copies of Compliance Certificates issued by the
agencies responsible for the enforcement of the health and safety standards.
(2) If health and safety standards are not met, proof must be submitted by Gaming
Operator that the Gaming Facility is in the process of improvements which will
place the Gaming Facility in compliance with the applicable standards.
(b) The Gaming Facility meets applicable environmental standards of the Nation and
Federal government.
(1) To show compliance with applicable environmental standards, Gaming
Operator shall submit certified copies of an Environmental Assessment of the
Gaming Facility which were prepared by the agency responsible for the
enforcement of applicable environmental standards.
(2) If the applicable environmental standards are not met, proof must be
submitted by Gaming Operator that Remediation of the Gaming Facility is being
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actively sought which will place the Gaming Facility in compliance with the
applicable standards.
501.14-3. Upon receipt and review of the above information, the Oneida Business Committee
shall deliberate and either grant or deny for failure to meet the requirements of protecting the health
and safety of patrons, public and employees of a Gaming Facility License to the Applicant.
(a) The Oneida Business Committee shall submit to the NIGC a copy of each Gaming
Facility License issued.
501.14-4. If the Oneida Environmental, Health and Safety Department notifies the Oneida
Business Committee that a Gaming Facility will be closed by a governmental agency with proper
authority due to environmental, health or safety concerns, the Oneida Business Committee shall
suspend the License of the Gaming Facility.
(a) The Oneida Business Committee shall re-License the Gaming Facility after receiving
the information required in section 501.14-2 of this Ordinance.
501.15. Gaming Operator License
501.15-1. Consent to Jurisdiction. The application for License and the conduct of Gaming
within the jurisdiction of the Nation is considered consent to the jurisdiction of the Nation in all
matters arising from the conduct of Gaming, and all matters arising under any of the provisions of
this Ordinance or other laws of the Nation.
501.15-2. License Required. No Gaming Operator may conduct Gaming Activity unless such
entity holds a valid and current Gaming Operator License issued by the Commission.
501.15-3. Types of Licenses. The Commission may issue each of the following types of Gaming
Operator Licenses:
(a) Tribally-Owned or Tribally-Operated Class II. This License is required of all
Tribally-owned or Tribally-operated Gaming Operations operating one or more Class II
Gaming Activities.
(b) Tribally-Owned or Tribally-Operated Class III. This License is required of all
Tribally-owned or Tribally-operated Gaming Operations operating one or more Class III
Gaming Activities.
501.15-4. Gaming Operator License Qualifications. The Commission shall issue a Gaming
Operator License to any Gaming Operation if:
(a) The Gaming Operation is to be located within the Reservation, or land taken into trust
after October 17, 1988, for Gaming purposes;
(b) The Gaming Activity proposed to be played at the Gaming Operation is Class II or
Class III Gaming as defined by this Ordinance and IGRA; and
(c) The proposed Gaming Operation is authorized by a resolution of the Oneida Business
Committee.
501.15-5. Provisions of General Applicability to All Gaming Operators.
(a) Site and Gaming Operator Specified. Each Gaming Operator License may be
applicable only to one (1) Gaming Operation and the Gaming Facility named on the
License.
(b) License Not Assignable. No Gaming Operator License may be sold, lent, assigned or
otherwise transferred.
(c) Regulations Posted or Available. Each Gaming Operator must have a copy of this
Ordinance and any regulations promulgated thereunder available for inspection by any
person at each Gaming Facility.
5 O.C. 501 – Page 24
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(d) Display of License. Each Gaming Operator must prominently display its License at
each Gaming Facility.
501.15-6. Grandfathered Gaming Facilities. All Gaming Operators operating on the effective
date of July 5, 2007, are hereby granted a License under this section.
501.15-7. License Application Fees and License Taxes. No application fees or License taxes
may be required by the Nation for a Gaming Operator License.
501.15-8. Closure of a Gaming Operation. If the Commission finds that any Gaming Operation
is operating in violation of this Ordinance, or otherwise presents a threat to the public, the
Commission shall immediately notify the Oneida Business Committee.
(a) The Oneida Business Committee may close any Gaming Operation temporarily or
permanently at any time with or without cause, at its sole discretion.
501.16. Games
501.16-1. Class II and Class III Games are hereby authorized by this Ordinance.
501.16-2. Gaming Procedures. Games operated under this Ordinance must be consistent with
the Compact and any amendments thereto and the Internal Control Standards and Rules of Play of
the Gaming Operation.
501.16-3. Who May Not Play. It is the policy of the Nation that particular Gaming Employees,
employees of the Commission, particular governmental officials, and consultants who directly
advise the Commission or employees at Gaming Facilities regarding gaming related activities may
not participate in Gaming Activities conducted at Gaming Operations.
(a) At a minimum, members of the Oneida Business Committee, the Commission, the
Gaming General Manager, assistant gaming general managers, directors of individual
Games and assistant directors of individual Games may not participate in any Gaming
Activity within the Reservation.
(b) The Oneida Business Committee may identify by resolution additional positions
restrictions on Gaming Activity conducted at Gaming Facilities.
(1) Such resolution must be on file with the Commission.
(c) The Commission and Senior Gaming Management shall each develop and maintain
their own standard operating procedure identifying other positions and any applicable
restrictions on Gaming Activity conducted at Gaming Facilities.
(1) The standard operating procedure and the list of positions must be on file with
the Commission.
501.17. Allocation of Gaming Funds
501.17-1. Net Gaming revenues may only be used for the following purposes:
(a) To fund government operations, programs, or services of the Nation;
(b) To provide for the general welfare of the Nation and its members; provided, that per
capita payments may only be made pursuant to an approved revenue allocation plan;
(c) To promote economic development of the Nation;
(d) To contribute to charitable organizations;
(e) To assist in funding operations of other local governments;
(f) To fund programs designed to provide education, referrals, and treatment of Gaming
addiction disorders; and
(g) For any other purpose as determined by the Oneida General Tribal Council or the
Oneida Business Committee which is not inconsistent with the Oneida Nation Constitution
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and IGRA.
501.18. Audits
501.18-1. Annual Audit. An annual audit of each Gaming Operation must be conducted by an
independent, certified public accounting firm according to generally accepted accounting
principles.
(a) Copies of the annual audit must be provided to the Oneida Business Committee, the
Nation’s Audit Committee, the Commission, and the NIGC by said certified public
accounting firm.
(b) All contracts for supplies, services, or concessions for the Gaming Operations in
excess of twenty-five thousand dollars ($25,000.00) are subject to audit as prescribed in
this section of the Ordinance.
(1) Contracts for legal services and accounting services are exempt from this
requirement.
501.18-2. Other Audits. All audits, other than the annual audit under section 501.18-1 of this
Ordinance, must be conducted pursuant to the Nation’s Internal Audit law or any other applicable
law of the Nation, and other audits authorized under the Compact.
501.18-3. Request for Audits. Any audit, except the annual audit that is mandated by IGRA,
may be authorized at any time by the Oneida General Tribal Council, the Oneida Business
Committee or the Nation’s Audit Committee.
501.19. Enforcement and Penalties
501.19-1. No individual or entity may own or operate a Gaming Facility unless specifically
authorized to do so pursuant to this Ordinance.
501.19-2. Violations/Prosecutions. Violators of this Ordinance may be subject to disciplinary
action, as well as civil and/or criminal prosecutions.
501.19-3. Remedies. The Oneida Business Committee may authorize commencement of an
action in any court of competent jurisdiction to recover losses, restitution, and forfeitures resulting
from violations of this Ordinance.
End.
Adopted
Emergency Amended
Amendment
Emergency Amended
Permanent Adoption
Amended
Amended
Emergency Amended
Amended
Emergency Amended
Emergency Extended
GTC-7-05-04-A
BC-7-14-04-A
BC-10-06-04-D
BC-11-03-04-A
BC-3-23-05-C
BC-9-23-09-D
BC-06-25-14-C (effective 11 01 2014)
BC-10-08-14-C (effective 11 01 2014)
BC-09-09-15-A (effective 09 09 2015)
BC-05-12-21-D
BC-__-__-__-__
5 O.C. 501 – Page 26
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Appendix 1. Vendor License/Permit
5 O.C. 501 – Page 27
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Oneida Business Committee Agenda Request
Adopt resolution entitled Extension of the Emergency Amendments to the Budget Management and...
1. Meeting Date Requested:
11 / 10 / 21
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Adopt the resolution entitled, "Extension of the Emergency Amendments to the Budget Management and
Control Law"
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Emergency Extension Memo
3. Emergency Extension Draft
2. Statement of Effect
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
David P. Jordan, Councilmember
Primary Requestor/Submitter:
Clorissa N. Santiago, LRO Senior Staff Attorney
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Unbudgeted
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Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution #
Extension of the Emergency Amendments to the Budget Management and Control Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Budget Management and Control law (“the Law”) was adopted by the Oneida Business
Committee through resolution BC-02-08-17-C, and most recently amended on an
emergency basis through resolutions BC-11-24-20-E and BC-05-12-21-C; and
WHEREAS,
the purpose of the Law is to set forth the requirements to be followed by the Oneida
Business Committee and Oneida fund units when preparing the budget to be presented to
the General Tribal Council for approval and to establish a triennial strategy planning
process for the Nation’s budget; and
WHEREAS,
the COVID-19 pandemic interrupted many processes and procedures of the Nation,
including the development of the Nation’s Fiscal Year 2022 budget; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis when legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the amendment of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
WHEREAS,
the Oneida Business Committee adopted emergency amendments to the Law through
resolution BC-05-12-21-C for the purpose of addressing the Nation’s non-compliance with
the budget development process and deadlines contained in the Law; and
WHEREAS,
the emergency amendments to the Law removed much of the details of the budget
process, requirements, and deadlines from the Law, and instead provide that the Treasurer
shall develop the necessary guidelines and procedures, including specific deadlines, for
the Nation’s budget development process, to be reviewed and approved by the Oneida
Business Committee; and
WHEREAS,
the Oneida Business Committee determined that the emergency adoption of these
amendments to the Law were necessary for the preservation of the general welfare of the
Reservation population in order to provide enough flexibility to allow the Nation to
determine the most effective process for the adoption of the budget as we transition
through the effects of the COVID-19 pandemic, while ensuring that a transparent budget
process is available to the Oneida Business Committee and Oneida fund units as we move
forward with the development and adoption of the Fiscal Year 2022 budget; and
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BC Resolution _____________
Extension of the Emergency Amendments to the Budget Management and Control Law
Page 2 of 2
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of these
emergency amendments was contrary to public interest since the process and
requirements of the Legislative Procedures Act could not be completed in time to ensure
that a transparent budget process was available to members of the Nation prior to the
adoption of the Fiscal Year 2022 Budget; and
WHEREAS,
emergency legislation is effective for a period of six (6) months, renewable for an additional
six (6) months by the Oneida Business Committee; and
WHEREAS,
the emergency amendments to the Law will expire on November 12, 2021; and
WHEREAS,
a six (6) month extension of the emergency amendments is being requested to allow for
the emergency amendments to remain in effect while the Legislative Operating Committee
develops permanent amendments to the Law; and
NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Budget Management and
Control law are hereby extended for an additional six (6) month period effective November 12, 2021, and
shall expire on May 12, 2022.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Extension of the Emergency Amendments to the Budget Management and Control Law
Summary
This resolution extends the emergency amendments to the Budget Management and Control law
adopted through resolution BC-05-12-21-C for an additional six (6) months in accordance with
the Legislative Procedures Act.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: October 27, 2021
Analysis by the Legislative Reference Office
This resolution extends the emergency amendments to the Budget Management and Control law
(“the Law”) for an additional six (6) month period. The purpose of the Law is to set forth the
requirements to be followed by the Oneida Business Committee and Oneida fund units when
preparing the budget to be presented to the General Tribal Council for approval and to establish a
triennial strategy planning process for the Nation’s budget. [1 O.C. 121.1-1].
Emergency amendments to the Law were adopted by the Oneida Business Committee on May 12,
2021, through resolution BC-05-12-21-C to address the Nation’s non-compliance with the budget
development process and deadlines contained in the Law. The emergency amendments to the Law
removed much of the details of the budget process, requirements, and deadlines from the Law, and
instead provide that the Treasurer shall develop the necessary guidelines and procedures, including
specific deadlines, for the Nation’s budget development process, to be reviewed and approved by
the Oneida Business Committee. [1 O.C. 121.5-3(a)]. These emergency amendments are set to
expire on November 12, 2021.
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety or general welfare of the
reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5].
On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” due to the COVID-19 pandemic which sets into place the necessary authority should
action need to be taken, and allows the Oneida Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The Oneida
Business Committee has extended this Public Health State of Emergency until November 25, 2021,
through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-0820-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-
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01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21N, and BC-09-22-21-A. [3 O.C. 302.8-2].
The Oneida Business Committee determined the emergency amendment to this Law was necessary
for the preservation of the general welfare of the Reservation population. The emergency
amendment to this Law ensured that enough flexibility was provided to allow the Nation to
determine the most effective process for the adoption of the budget as we transition through the
effects of the COVID-19 pandemic, and ensured that a transparent budget process was available
to the Oneida Business Committee and Oneida fund units as we moved forward with the
development and adoption of the Fiscal Year 2022 budget.
Additionally, the Oneida Business Committee determined observance of the requirements under
the Legislative Procedures Act for the adoption of these emergency amendments was contrary to
public interest since the Nation is currently experiencing the vast effects of the COVID-19
pandemic, and the process and requirements of the Legislative Procedures Act cannot be
completed in time to ensure that a transparent budget process is made available to members of the
Nation prior to the adoption of the Fiscal Year 2022 budget.
The emergency amendments to the Law will expire on November 12, 2021. The Legislative
Procedures Act allows the Oneida Business Committee to extend emergency amendments for a
six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency
amendments to the Law is being requested to provide additional time for the Legislative Operating
Committee to process the adoption of permanent amendments to the Law.
The extension of the emergency amendments to the Law will become effective on November 12,
2021, when the emergency amendments as adopted through BC-05-12-21-C expire, and will
remain in effect for an additional six (6) month term which will end on May 12, 2022.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Title 1. Government and Finances – Chapter 121
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BUDGET MANAGEMENT AND CONTROL
121.1.
121.2.
121.3.
121.4.
121.5.
121.6.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Strategic Planning
Budget Process
Capital Improvements
121.7.
121.8.
121.9.
121.10.
121.11.
121.12.
Appropriation of the Nation’s Funds
Budget Authority
Budget Transfers; Amendments
Reporting
Authorizations and Signatures
Enforcement and Penalties
121.1.
Purpose and Policy
121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the
Oneida Business Committee and Oneida fund units when preparing the budget to be presented to
the General Tribal Council for approval and to establish a triennial strategy planning process for
the Nation’s budget.
121.1-2. Policy. It is the policy of the Nation to rely on value-based budgeting strategies,
identifying proper authorities and ensuring compliance and enforcement.
121.2.
Adoption, Amendment, Repeal
121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and emergency amended by resolutions BC-11-24-20-E, and BC-05-12-21-C.
121.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
121.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
121.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control. Provided that, nothing in this law amends or repeals the
requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting
Requirements.
121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
121.3.
Definitions
121.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Appropriation” means the legislative act of designating funds for a specific purpose
in accordance with the provisions contained in this law.
(b) “Capital expenditure” means any non-recurring and non-physical improvement as
follows:
(1) Any item with a cost of five thousand dollars ($5,000.00) or more and an
estimated life of one (1) year or more; or
(2) Items purchased together where none of the items individually costs more than
two thousand dollars ($2,000.00), but the total purchase price for all of the items is
ten thousand dollars ($10,000.00) or more.
(c) “Capital improvement” means non-recurring expenditure for physical improvements,
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including costs for: acquisition of existing buildings, land, or interests in land; construction
of new buildings or other structures, including additions and major alterations; acquisition
of fixed equipment; landscaping; physical infrastructure; and similar expenditures with a
cost of five thousand dollars ($5,000.00) or more and an estimated life of one (1) year or
more.1
(d) “CFO” means the Nation’s Chief Financial Officer.
(e) “Debt” means the secured or unsecured obligations owed by the Nation.
(f) “Economic life” means the length of time an asset is expected to be useful.
(g) “Executive manager” means any one of the following positions within the Nation:
Chief Executive Officer/General Manager, Gaming General Manager, Chief Legal
Counsel and/or Chief Financial Officer.
(h) “Expenditure report” means a financial report which includes, but is not limited to, a
statement of cash flows, revenues, costs and expenses, assets, liabilities and a statement of
financial position.
(i) “Fiscal year” means the one (1) year period each year from October 1st to September
30th.
(j) “Fund unit” means any board, committee, commission, service, program, enterprise,
department, office, or any other division or non-division of the Nation which receives an
appropriation approved by the Nation.
(k) “General reserve fund” means the Nation’s main operating fund which is used to
account for all financial resources not accounted for in other funds.
(l) “GTC allocations” means expenditures directed by the General Tribal Council as
required payments and/or benefits to the Nation’s membership and are supported by either
a General Tribal Council or Oneida Business Committee resolution.
(m) “Line item” means the specific account within a fund unit’s budget or category that
expenditures are charged to.
(n) “Manager” means the person in charge of directing, controlling and administering the
activities of a fund unit.
(o) “Nation” means the Oneida Nation.
(p) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted in accordance with the Administrative Rulemaking law based on authority
delegated in this law in order to implement, interpret and enforce this law.
(q) “Treasurer” means the elected Oneida Nation Treasurer or his or her designee.
121.4.
Strategic Planning
121.4-1. Triennial Strategic Plan. Prior to December 1st of each year, the Oneida Business
Committee, in consultation with the Executive Managers, shall develop a triennial strategic plan
which includes, but is not limited to:
1
Acquisition of existing buildings and land completed by the Oneida Land Commission are not included in the
definition of “Capital Improvement.”
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(a) Major policy and budgetary goals for the Nation, both long and short term;
(b) Specific strategies and planned actions for achieving each goal; and
(c) Performance targets and indicators to track progress which, to the extent available,
includes, but is not limited to:
(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal
years; and
(2) Performance targets for, at a minimum, the next three (3) complete fiscal years
moving forward.
121.4-2. Fund Units’ Contributions to the Triennial Strategic Plan. Managers shall annually
develop, submit and maintain a triennial strategic plan for the fund unit’s operations which aligns
with the triennial strategic plan established by the Oneida Business Committee pursuant to 121.41. Managers shall submit the fund unit’s triennial strategic plan to the CFO when the fund unit’s
budget is due and, at a minimum, shall include the following in the plan:
(a) A statement of the fund unit’s mission;
(b) Specific goals including a description of the fund unit’s strategies as part of its service
group provided in 121.5-3(c) which aligns with the goals established in the Nation’s
triennial strategic plan;
(c) Specific strategies for achieving each of the fund unit’s goals; and
(d) Performance targets and indicators to track progress which, to the extent available,
includes, but is not limited to:
(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal
years; and
(2) Performance targets for, at a minimum, the next three (3) complete fiscal years
moving forward.
121.4-3. Budget Contingency Plan. The Oneida Business Committee shall work with the CFO,
executive managers and managers to create a budget contingency plan which provides a strategy
for the Nation to respond to extreme financial distress that could negatively impact the Nation.
The Oneida Business Committee shall approve, by resolution, the budget contingency plan and
any amendments thereto. The Oneida Business Committee is responsible for the implementation
of the budget contingency plan, provided that such implementation is predicated on the Oneida
Business Committee’s determination that the Nation is under extreme financial distress. For the
purposes of this section, extreme financial distress includes, but is not limited to, natural or humanmade disasters, United States Government shutdown, Tribal shutdown (which occurs when the
General Tribal Council has not approved a budget for the Nation prior to the beginning of a new
fiscal year) and economic downturns.
(a) Cost Savings Tools. As part of the budget contingency plan, the Oneida Business
Committee may require stabilization funds, reductions of expenditures, furloughs and other
cost saving tools provided that such tools are in compliance with the Nation’s laws,
specifically the Nation’s employment laws, rules and policies.
(b) Business Continuity Fund. The Oneida Business Committee shall maintain a
Permanent Executive Contingency account within the ownership investment report to be
used to prevent default on debt and to sustain operations during times of extreme financial
distress. The Treasurer, in consultation with the CFO, shall establish, and the Oneida
Business Committee shall approve, the level of business continuity funds required in the
Permanent Executive Contingency account. The Treasurer shall set aside business
continuity funds in the Permanent Executive Contingency account until the established
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level has been achieved. Funds in the Permanent Executive Contingency may only be used
for the following purposes and only to the extent that alternative funding sources are
unavailable:
(1) Payments to notes payable to debt service, both principal and interest, and
applicable service fees;
(2) Employee payroll, including all applicable taxes;
(3) Payments to vendors for gaming and retail;
(4) Payments to vendors for governmental operations;
(5) Payments to any other debt; and
(6) To sustain any of the Nation’s other operations during implementation of the
budget contingency plan.
(c) Grant Funds. Grant funds are exempt from requirements of the budget contingency
plan and any cost containment initiatives as such funding is not reliant on Tribal
contributions. Grant funds shall be spent according to any non-negotiable grant
requirements and guidelines of the granting agency to include purchases, travel, training,
hiring grant required positions and any other requirements attached to the funds as a
condition of the Nation’s acceptance of the grant funds.
121.5.
Budget Process
121.5-1. General. The Nation shall develop, adopt, and manage an annual budget. All revenues
and expenditures of the Nation shall be in accordance with the annual budget adopted by the
Nation.
121.5-2. Content of Budget. The Nation’s budget shall include, but is not limited to, the following
information:
(a) Estimated revenues to be received from all sources for the year which the budget covers;
(b) The individual budgets of each fund unit;
(c) A description of each line item within each fund unit’s budget;
(d) The estimated expenditures by each fund unit; and
(e) Each fund unit’s strategic plan showing alignment with the Nation’s goals.
121.5-3. Budget Adoption Procedure. The Nation shall develop and adopt its budget according
to the following procedures:
(a) Budget Schedule and Guidelines. The Treasurer shall develop the necessary guidelines
and procedures, including specific deadlines, for the Nation’s budget development process.
The Treasurer shall submit the guidelines for the development of the budget to the Oneida
Business Committee for review and approval.
(b) Budget Adoption. The final draft budget shall be approved by the Oneida Business
Committee through resolution prior to presentation to the General Tribal Council. The
Oneida Business Committee shall present the budget to the General Tribal Council with a
request for adoption by resolution no later than September 30th of each year. In the event
that the General Tribal Council does not adopt a budget by September 30th, the Oneida
Business Committee may adopt a continuing budget resolution(s) until such time as a
budget is adopted.
(1) Emergency Budget Adoption. In the event that the Nation proclaims an
emergency, in accordance with the Emergency Management and Homeland
Security law, which prevents
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