# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3f340c2a29e130d3 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 218 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 Page 1 of 5 November 10, 2021 Public Packet V. 2 of 218 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 Page 2 of 5 November 10, 2021 Public Packet VIII. 3 of 218 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 Page 3 of 5 November 10, 2021 Public Packet 4 of 218 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 Page 4 of 5 November 10, 2021 Public Packet 5 of 218 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 Page 5 of 5 November 10, 2021 Public Packet 6 of 218 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 Public Packet 7 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 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. Public Packet 8 of 218 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 9 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 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 12 of 218 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 Public Packet 13 of 218 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 10 October 27, 2021 Public Packet 14 of 218 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 10 October 27, 2021 Public Packet 15 of 218 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 3 of 10 October 27, 2021 Public Packet 16 of 218 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 4 of 10 October 27, 2021 Public Packet 17 of 218 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 10 October 27, 2021 Public Packet 18 of 218 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 10 October 27, 2021 Public Packet 19 of 218 DRAFT 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 Public Packet 20 of 218 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 Public Packet 21 of 218 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 22 of 218 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 Public Packet 23 of 218 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. Page 1 of 2 Unbudgeted Public Packet 24 of 218 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, Page 1 of 2 Public Packet 25 of 218 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. Page 2 of 2 Public Packet Oneida Nation 26 of 218 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 Public Packet 27 of 218 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. Public Packet 28 of 218 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. Page 1 of 2 Public Packet 29 of 218 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. Page 2 of 2 Public Packet 30 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 501.11. 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 Public Packet 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 31 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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 Public Packet 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 32 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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. 5 O.C. 501 – Page 3 Public Packet 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 33 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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. 5 O.C. 501 – Page 4 Public Packet 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 34 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 501.5-4. 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, 5 O.C. 501 – Page 5 Public Packet 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 35 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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. 5 O.C. 501 – Page 6 Public Packet 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 36 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 5 O.C. 501 – Page 7 Public Packet 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 37 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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: 5 O.C. 501 – Page 8 Public Packet 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 38 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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 5 O.C. 501 – Page 9 Public Packet 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 39 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 5 O.C. 501 – Page 10 Public Packet 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 40 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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. 5 O.C. 501 – Page 11 Public Packet 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 41 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 501.10. 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. 5 O.C. 501 – Page 12 Public Packet 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 42 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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. 5 O.C. 501 – Page 13 Public Packet 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 43 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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 5 O.C. 501 – Page 14 Public Packet 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 44 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 (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 5 O.C. 501 – Page 15 Public Packet 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 45 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 5 O.C. 501 – Page 16 Public Packet 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 46 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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, 5 O.C. 501 – Page 17 Public Packet 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 47 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 5 O.C. 501 – Page 18 Public Packet 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 48 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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. 5 O.C. 501 – Page 19 Public Packet 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 49 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 5 O.C. 501 – Page 20 Public Packet 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 50 of 218 Emergency Extension Draft for OBC Consideration 2021 11 10 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A3f340c2a29e130d3. Public record. Not legal advice.