Oneida Business Committee (2018)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, September 25, 2018

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, September 26, 2018

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials under the “General Tribal Council” section of the agenda 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.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve September 12, 2018, regular meeting minutes

Sponsor: Lisa Summers, Secretary

Approve September 18, 2018, special meeting minutes

Sponsor: Lisa Summers, Secretary

RESOLUTIONS

Adopt resolution entitled Adoption of the Community Development Planning

Committee Charter

Sponsor: Ernie Stevens III, Councilman

Adopt resolution entitled 2018 Intertribal Buffalo Council, Buffalo Herd Development

Grant

Sponsor: Larry Barton, Chief Financial Officer

Adopt resolution entitled Amendments to the Comprehensive Policy Governing

Boards, Committees, and Commissions

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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September 26, 2018

Public Packet

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Adopt resolution entitled Boards, Committees, and Commissions Law Stipends

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Oneida Nation’s Support of Public Breastfeeding

Sponsor: Debra Danforth and Dr. Ravinder Vir, Division Directors/Comprehensive HealthOperations and Medical

Determine next steps regarding proposed resolution entitled Action by Oneida

Nation as Owner of Corporate Shares

Sponsor: Jo Anne House, Chief Counsel

Adopt resolution entitled Rescission of the Dissolution of the Oneida Personnel

Commission and Related Emergency Amendments in Accordance with General

Tribal Council’s August 27, 2018 Directive

Sponsor: David P. Jordan, Councilman

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept August 2, 2018, Community Development Planning Committee

meeting minutes

Sponsor: Ernie Stevens III, Councilman

Approve Community Development Planning Committee Standard Operating

Procedure entitled New Oneida Nation Business Development for Economic

and Revenue Diversification -- FOLLOW UP IN PROGRESS

Sponsor: Ernie Stevens III, Councilman

FINANCE COMMITTEE

Approve September 17, 2018, Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

Approve updated Finance Committee policy entitled Donation Policy

Sponsor: Trish King, Treasurer

LEGISLATIVE OPERATING COMMITTEE

Accept September 5, 2018, Legislative Operating Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept Children’s Code Implementation quarterly update

Sponsor: David P. Jordan, Councilman

Determine next steps regarding Oneida Personnel Commission bylaws

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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Public Packet

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UNFINISHED BUSINESS

VIII.

IX.

TRAVEL REPORTS

Approve travel report – Councilman Daniel Guzman King – Oneida Language

Conference – Oneidatown, ON, Canada – June 3-6, 2018

Sponsor: Daniel Guzman King, Councilman

Approve travel report - Chairman Tehassi Hill - Representation in Thames for the

passing of Bob Antone - Thames, Ontario - December 10-13, 2017

Sponsor: Tehassi Hill, Chairman

Approve travel report – Chairman Tehassi Hill – 2018 Nation Indian Gaming

Association (NIGA) Trade Show – Las Vegas, NV – April 16-21, 2018

Sponsor: Tehassi Hill, Chairman

NEW BUSINESS

XI.

Defer Standard Operating Procedure for Special Budget Requests to the October 10,

2018, regular Business Committee meeting

Sponsor: Trish King, Treasurer

Approve William Cornelius attorney contract – file # 2018-0099

Sponsor: Matthew W. Denny, Chairman/Oneida Gaming Commission

GENERAL TRIBAL COUNCIL

Determine next steps regarding Petitioner Gladys Dallas – $5,000 payment within 90

days

Sponsor: Lisa Summers, Secretary

Approve notice and materials for October 28, 2018, tentatively scheduled special

General Tribal Council meeting

Sponsor: Lisa Summers, Secretary

EXECUTIVE SESSION

REPORTS

Accept Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept Intergovernmental Affairs & Communications September 2018 report

(9:00 a.m.)

Sponsor: Melinda J. Danforth, Director/Intergovermental Affairs

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STANDING ITEMS

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION

SERVICE ELIGIBILITY SUB-COMMITTEE

Accept Service Eligibility Sub-Committee August 2018 update

Sponsor: Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary; Kirby

Metoxen, Councilman

AUDIT COMMITTEE

Accept July 12, 2018, Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept Craps rule of play compliance audit and lift confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept Pari-mutuel wagering and rules of play compliance audit and lift

confidentiality requirement

Sponsor: David P. Jordan, Councilman

UNFINISHED BUSINESS

File # ED18-005 - Accept update

Sponsor: Ernie Stevens III, Councilman

File # ED18-120 - Support continuing work

Sponsor: Ernie Stevens III, Councilman

NEW BUSINESS

XII.

Accept Thornberry Creek LPGA Classic September 2018 report (10:00

a.m.)

Sponsor: Josh Doxtator, Chief Operating Officer/Oneida Golf Enterprise

Corporation

Approve loan request - Oneida Airport Hotel Corporation (11:00 a.m.)

Sponsor: Robert Barton, President/OAHC

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 PM, Friday, September 21,

2018, pursuant to the Open Records and Open Meetings law (§ 107.14.)

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

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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Public Packet

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Oneida Business Committee Agenda Request

Approve September 12, 2018, regular meeting minutes

1. Meeting Date Requested:

09 / 26 / 18

2. General Information:

Session:

Open

Agenda Header:

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

Minutes

Accept as Information only

Action - please describe:

Approve September 12, 2018, regular Business Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 9/12/18 regular BC meeting minutes DRAFT

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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DRAFT

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, September 11, 2018

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30:AM Wednesday, September 12, 2018

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Summers, Treasurer

Trish King, Council members: David Jordan, Kirby Metoxen, Ernest Stevens III;

Not Present: Council members: Daniel Guzman King, Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Troy Parr, Laura Laitinen-Warren, Loucinda

Conway, Jacqueline Johnson;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council

members: Daniel Guzman King, David Jordan, Kirby Metoxen, Ernest Stevens III;

Not Present: Secretary Lisa Summers, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Brent Truttmann, Nancy Skenandore,

Geraldine Danforth, Debbie Danforth, Brad Graham, Bill Graham, Fred Muscavitch, Matt W. Denny,

Clorissa Santiago, Kristen Hooker, Sharon Mousseau, Carole Liggins, Tracey Williams, Michelle M.

Braaten, Shoshana King, Tracy Metoxen, Frank Vandehei, Rae Skenandore, Nancy Cook, Michael

Metoxen, Jolene Hensberger, Laura Laitinen-Warren, Shannon Metoxen, Melinda K. Danforth, Mark A.

Powless, Donald D. McLester, Dakota Webster, Sherrole Benton, Pat Lassila, Lois J. Powless;

CALL TO ORDER

Called to order by Chairman Tehassi Hill at 8:32 a.m.

For the record: Secretary Lisa Summers, representing the Oneida Nation as a public member of the

Special Committee on State-Tribal Relations, is attending the Committee’s first meeting of this session

in Madison, WI. Councilwoman Jennifer Webster is on approved travel attending the Tribal SelfGovernance Advisory Committee Strategy Session in St. Paul, MN.

II.

OPENING

Provided by Chairman Tehassi Hill.

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

III.

ADOPT THE AGENDA (00:04:30)

Motion by Brandon Stevens to adopt the agenda with three (3) corrections [1) correct typo in the title of

item VI.B. from Tsyunhéhkʌ́ to Tsyunhéhkwʌ́; 2) add location of Albuquerque, NM to item IX.N.; 3)

correct title of item XIII.B.4.a. to "Defer Service Eligibility Sub-Committee August 2018 update to the

September 26, 2018, regular Business Committee meeting"] and one (1) addition [item XIII.F.7.

entitled File # ED18-002 - Determine next steps], seconded by Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

IV.

OATH OF OFFICE (00:06:00)

Administered by Vice-Chairman Brandon Stevens. Shannon Metoxen, Melinda K. Danforth, Mark A.

Powless, Donald D. McLester, Dakota Webster, Sherrole Benton, Pat Lassila, Lois J. Powless, Lisa

Liggins, Debra J. Danforth, and Geraldine Danforth were present. Jennifer L. Hill, Mike Mousseau,

and Tracey L. Metoxen were not present.

Oneida Election Board - Shannon Metoxen, Melinda K. Danforth, and Jennifer L.

Hill

Sponsor: Lisa Summers, Secretary

Oneida Gaming Commission - Mark A. Powless

Sponsor: Lisa Summers, Secretary

Oneida Land Claims Commission - Donald D. McLester and Dakota Webster

Sponsor: Lisa Summers, Secretary

Oneida Land Commission - Sherrole Benton, Mike Mousseau, and Donald D.

McLester

Sponsor: Lisa Summers, Secretary

Oneida Nation Commission on Aging - Pat Lassila and Lois J. Powless

Sponsor: Lisa Summers, Secretary

Oneida Nation School Board - Lisa Liggins, Tracey L. Metoxen, and Melinda K.

Danforth

Sponsor: Lisa Summers, Secretary

Oneida Trust Enrollment Committee - Debra J. Danforth, Lisa Liggins, and

Geraldine Danforth

Sponsor: Lisa Summers, Secretary

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DRAFT

MINUTES

Approve July 25-26, 2018, regular Business Committee meeting minutes, as

corrected (00:11:30)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the July 25-26, 2018, regular Business Committee meeting

minutes, as corrected, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve August 22, 2018, regular Business Committee meeting minutes (00:11:57)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the August 22, 2018, regular Business Committee meeting

minutes, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve August 23, 2018, quarterly report Business Committee meeting minutes

(00:12:20)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the August 23, 2018, quarterly report Business Committee

meeting minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve August 29, 2018, emergency Business Committee meeting minutes

(00:12:43)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the August 29, 2018, emergency Business Committee meeting

minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

VI.

RESOLUTIONS

Adopt resolution entitled Appointing Delegates to the National Congress of

American Indians (00:13:10)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Brandon Stevens to adopt resolution 09-12-18-A Appointing Delegates to the National

Congress of American Indians, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

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DRAFT

Adopt resolution entitled Oneida Employee Onʌhaka·lát (White Corn) Cultural

Education Days at Tsyunhéhkwʌ́ (00:13:44)

Sponsor: Daniel Guzman King, Councilman

Motion by Ernie Stevens III to adopt resolution 09-12-18-B Oneida Employee Onʌhaka·lát (White

Corn) Cultural Education Days at Tsyunhéhkwʌ́ with the noted change [strike lines 51-52], seconded

by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

VII.

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept June 7, 2018, Community Development Planning Committee meeting

minutes (00:19:44)

Sponsor: Ernie Stevens III, Councilman

Motion by David P. Jordan to accept the June 7, 2018, Community Development Planning Committee

meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

FINANCE COMMITTEE

Approve September 4, 2018, Finance Committee meeting minutes (00:20:19)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to accept the September 4, 2018, Finance Committee meeting minutes,

seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

LEGISLATIVE OPERATING COMMITTEE

Accept August 15, 2018, Legislative Operating Committee meeting minutes

(00:20:50)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the August 15, 2018, Legislative Operating Committee meeting

minutes, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

QUALITY OF LIFE COMMITTEE (No Requested Action)

Oneida Business Committee

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DRAFT

VIII.

TABLED BUSINESS

Approve travel request in accordance with § 219.16-1 - Four (4) Oneida Language

Department staff - Kaliwiyo Ceremonies - Hogansburg, NY - September 28-October

5, 2018 (00:21:28)

Sponsor: Todd Hill, Chair/Oneida Nation School Board

Motion by David P. Jordan to take this item from the table, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by David P. Jordan to approve the travel request in accordance with § 219.16-1 for four (4)

Oneida Language Department staff to attend Kaliwiyo Ceremonies in Hogansburg, NY - September

28-October 5, 2018, noting the correction to the per diem, seconded by Daniel Guzman King. Motion

carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Ernie Stevens III

Opposed:

Kirby Metoxen

Not Present:

Lisa Summers, Jennifer Webster

Approve travel request in accordance with § 219.16-1 - Four (4) Oneida Language

Department apprentices - Kaliwiyo Ceremonies - Hogansburg, NY - September 28October 5, 2018 (00:44:37)

Sponsor: Todd Hill, Chair/Oneida Nation School Board

Motion by David P. Jordan to take this item from the table, seconded by Daniel Guzman King. Motion

carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by David P. Jordan to delete this item from the agenda, as it no longer meets the requirement

for Business Committee approval per the Travel and Expense policy, seconded by Brandon Stevens.

Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

IX.

TRAVEL REPORTS

Approve travel report - Councilman Ernie Stevens III - NCAI 74th Annual

Convention & Marketplace - Milwaukee, WI - October 16-20, 2017 (00:46:25)

Sponsor: Ernie Stevens III, Councilman

Motion by Brandon Stevens to approve the travel report from Councilman Ernie Stevens III for the

NCAI 74th Annual Convention & Marketplace in Milwaukee, WI - October 16-20, 2017, seconded by

Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen,

Ernie Stevens III

Not Present:

David P. Jordan, Lisa Summers, Jennifer Webster

Councilman David P. Jordan left at 9:34 a.m.

Oneida Business Committee

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DRAFT

Approve travel report - Councilman Ernie Stevens III - 1st Annual Hemp Expo Milwaukee, WI - March 9-10, 2018 (01:02:58)

Sponsor: Ernie Stevens III, Councilman

Motion by Daniel Guzman King to approve the travel report from Councilman Ernie Stevens III for the

1st Annual Hemp Expo in Milwaukee, WI - March 9-10, 2018, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen,

Ernie Stevens III

Not Present:

David P. Jordan, Lisa Summers, Jennifer Webster

Approve travel report - Councilman Ernie Stevens III - 2018 Tribal Environmental

Program Management Conference - Chicago, IL - March 19-21, 2018 (01:05:44)

Sponsor: Ernie Stevens III, Councilman

Motion by Trish King to approve the travel report from Councilman Ernie Stevens III for the 2018 Tribal

Environmental Program Management Conference in Chicago, IL - March 19-21, 2018, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen,

Ernie Stevens III

Not Present:

David P. Jordan, Lisa Summers, Jennifer Webster

For the record: Treasurer Trish King stated this travel was covered by the GAP grant.

For the record: This travel was paid for through the GAP grant.

Approve travel report - Councilman Ernie Stevens III - Tribal Caucus and ITCJC

meetings - Baraboo, WI - March 21-22, 2018 (01:06:58)

Sponsor: Ernie Stevens III, Councilman

Motion by Kirby Metoxen to approve the travel report from Councilman Ernie Stevens III for the Tribal

Caucus and Inter-Tribal Criminal Justice Council meetings in Baraboo, WI - March 21-22, 2018,

seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen,

Ernie Stevens III

Not Present:

David P. Jordan, Lisa Summers, Jennifer Webster

Approve travel report - Councilman Ernie Stevens III - 2018 Nation Indian Gaming

Association (NIGA) Trade Show - Las Vegas, NV - April 16-20, 2018 (01:07:38)

Sponsor: Ernie Stevens III, Councilman

Motion by Kirby Metoxen to approve the travel report from Councilman Ernie Stevens III for the 2018

Nation Indian Gaming Association (NIGA) Trade Show in Las Vegas, NV - April 16-20, 2018, seconded

by Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, Trish King, Kirby Metoxen,

Ernie Stevens III

Not Present:

David P. Jordan, Lisa Summers, Jennifer Webster

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DRAFT

Approve travel report - Councilman Ernie Stevens III - Heating the Midwest 2018

Conference & Expo - Carlton, MN - April 30-May 4, 2018 (01:08:13)

Sponsor: Ernie Stevens III, Councilman

Motion by Trish King to approve the travel report from Councilman Ernie Stevens III for the Heating the

Midwest 2018 Conference & Expo in Carlton, MN - April 30-May 4, 2018, noting the travel was

cancelled, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Councilman David P. Jordan returned at 9:41 a.m.

Approve travel report - Councilman Ernie Stevens III - 2018 Tribal Lands &

Environment Forum - Spokane, WA - August 12-17, 2018 (01:09:49)

Sponsor: Ernie Stevens III, Councilman

Motion by Trish King to approve the travel report from Councilman Ernie Stevens III for the 2018 Tribal

Lands & Environment Forum in Spokane, WA - August 12-17, 2018, noting this travel was paid for

through the Environmental, Health, Safety & Land Division brownfield grant, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilwoman Jennifer Webster - Annual Federal Office of

Head Start Tribal Consultation- Anchorage, AK - October 17-20, 2017 (01:10:34)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

Annual Federal Office of Head Start Tribal Consultation in Anchorage, AK - October 17-20, 2017,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilwoman Jennifer Webster - Parents as Teachers

Conference - Philadelphia, PA - November 28-30, 2017 (01:11:04)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

Parents as Teachers Conference in Philadelphia, PA - November 28-30, 2017, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

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DRAFT

Approve travel report - Councilwoman Jennifer Webster - Indian Health Care

Improvement Fund Work Group Meeting - Washington DC - January 29-February 1,

2018 (01:11:38)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

Indian Health Care Improvement Fund Work Group Meeting in Washington DC - January 29-February

1, 2018, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilwoman Jennifer Webster - National Congress of

American Indians Executive Winter Session - Washington DC - February 12-14,

2018 (01:12:14)

Sponsor: Jennifer Webster, Councilwoman

Motion by Kirby Metoxen to approve the travel report from Councilwoman Jennifer Webster for the

National Congress of American Indians Executive Winter Session in Washington DC – February 12-14,

2018, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilwoman Jennifer Webster - Indian Health Care

Improvement Fund - Denver, CO - April 11-14, 2018 (01:13:36)

Sponsor: Jennifer Webster, Councilwoman

Motion by Kirby Metoxen to approve the travel report from Councilwoman Jennifer Webster for the

Indian Health Care Improvement Fund in Denver, CO - April 11-14, 2018, seconded by David P.

Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilwoman Jennifer Webster and Secretary Lisa

Summers - 2018 Tribal Self-Governance Annual Conference - Albuquerque, NM April 21-27, 2018 (01:14:16)

Sponsor: Jennifer Webster, Councilwoman; Lisa Summers, Secretary

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster and

Secretary Lisa Summers for the 2018 Tribal Self-Governance Annual Conference in Albuquerque, NM

- April 21-27, 2018, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

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DRAFT

Approve travel report - Councilwoman Jennifer Webster - Inter-Tribal Monitoring

Association on Indian Trust - Albuquerque, NM - April 27-28, 2018 (01:14:57)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

Inter-Tribal Monitoring Association on Indian Trust in Albuquerque, NM - April 27-28, 2018, seconded

by Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Accept travel report - Councilmembers Daniel Guzman King and Jennifer Webster

- Tribal Self-Governance Advisory Committee FY 2019 Bemidji Area PreNegotiation - Minneapolis, MN - June 20-23, 2018 (01:15:32)

Sponsor: Daniel Guzman King, Councilman; Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilmembers Daniel Guzman King and

Jennifer Webster for the Tribal Self-Governance Advisory Committee FY 2019 Bemidji Area PreNegotiation in Minneapolis, MN - June 20-23, 2018, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilman Daniel Guzman King - 2018 Tribal Lands &

Environment Forum - Spokane, WA - August 12-17, 2018 (01:16:05)

Sponsor: Daniel Guzman King, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Daniel Guzman King for the

2018 Tribal Lands & Environment Forum in Spokane, WA - August 12-17, 2018, seconded by Ernie

Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Councilman Daniel Guzman King - Region 5 Tribal Opioid

Strategic Planning Conference - St. Paul, MN - August 22-23, 2018 (01:20:23)

Sponsor: Daniel Guzman King, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Daniel Guzman King for the

Region 5 Tribal Opioid Strategic Planning Conference in St. Paul, MN - August 22-23, 2018, seconded

by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Chairman Tehassi Hill left at 9:54 a.m.

Chairman Tehassi Hill returned at 9:56 a.m.

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 20

September 12, 2018

Public Packet

15 of 235

DRAFT

Approve travel report - Vice-Chairman Brandon Stevens - 2017 Fall Haskell Board

of Regents meeting - Lawrence, KS - October 11-13, 2017 (01:31:26)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

2017 Fall Haskell Board of Regents meeting in Lawrence, KS - October 11-13, 2017, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Ernie Stevens III

Abstained:

Brandon Stevens

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Vice-Chairman Brandon Stevens - NCAI 74th Annual

Convention & Marketplace - Milwaukee, WI - October 18-19, 2017 (01:37:17)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

NCAI 74th Annual Convention & Marketplace in Milwaukee, WI - October 18-19, 2017, seconded by

Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Vice-Chairman Brandon Stevens - Alliance for Boys and

Men of Color Equity Summit - Chicago, IL - April 11-13, 2018 (01:37:45)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

Alliance for Boys and Men of Color Equity Summit in Chicago, IL - April 11-13, 2018, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Vice-Chairman Brandon Stevens - US House of

Representatives Committee on Appropriations hearing on Interior, Environment,

and Related Agencies testimony - Washington DC - May 8-9, 2018 (01:41:30)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

US House of Representatives Committee on Appropriations hearing on Interior, Environment, and

Related Agencies testimony in Washington DC - May 8-9, 2018, seconded by Trish King. Motion

carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 20

September 12, 2018

Public Packet

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DRAFT

Approve travel report - Vice-Chairman Brandon Stevens - Haskell Spring Board of

Regents Meeting - Lawrence, KS - May 15-18, 2018 (01:42:05)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

Haskell Spring Board of Regents Meeting in Lawrence, KS - May 15-18, 2018, seconded by Daniel

Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Ernie Stevens III

Not Present:

Kirby Metoxen, Lisa Summers, Jennifer Webster

Councilman Kirby Metoxen left at 10:14 a.m.

Approve travel report - Vice-Chairman Brandon Stevens - National Indian Gaming

Association (NIGA) Annual Membership meeting and 2018 NIGA Trade Show - Las

Vegas, NV - April 16-21, 2018 (01:42:34)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by David P. Jordan to approve the travel report from Vice-Chairman Brandon Stevens for the

National Indian Gaming Association (NIGA) Annual Membership meeting and 2018 NIGA Trade Show

in Las Vegas, NV - April 16-21, 2018, seconded by Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Ernie Stevens III

Not Present:

Kirby Metoxen, Lisa Summers, Jennifer Webster

Councilman Ernie Stevens III left at 10:20 a.m.

Councilman Kirby Metoxen returned at 10:23 a.m.

Councilman Ernie Stevens III returned at 10:26 a.m.

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 20

September 12, 2018

Public Packet

17 of 235

DRAFT

Approve travel report - Treasurer Trish King - National Intertribal Tax Alliance

Conference - Airway Heights, WA - August 25-September 1, 2018 (01:46:26)

Sponsor: Trish King, Treasurer

Motion by David P. Jordan to approve the travel report from Treasurer Trish King for the National

Intertribal Tax Alliance Conference in Airway Heights, WA - August 25-September 1, 2018, seconded

by Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by Brandon Stevens to approve the four (4) additional actions listed on page four (4) of the

travel report [1) Direct the Law Office to provide an opinion as to how the South Dakota v Wayfair

decision can benefit the Oneida Nation and its members; and direct the Intergovernmental Affairs &

Communications department to develop an outline of how to, if appropriate, develop Certificates of

Exemption through Wisconsin Department of Revenue as well as consideration of tax agreements with

the State for alcohol and fuel; 2) Direct the Law Office and the Intergovernmental Affairs &

Communications department to develop a plan of action to creating rules for exempting income per the

General Welfare Exclusion Act and for a draft outline to be made at the November Business

Committee Work Session; 3) Direct the Governmental Services Division Director to annually provide

information to recipients of the Oneida Scholarship, how their tuition and other education benefits are

not taxable income; 4) Form a team, through the Treasurer’s office, to collectively scroll through the

General Welfare Exclusion Act and Safe Harbor laws to ensure we are providing the most valuable

protections and benefits to our members. The team should include: Social Services, Law Office,

Intergovernmental Affairs & Communications, Legislative Operating Committee and Finance] and

request the Trust Enrollment Committee to review their guidelines regarding the Minor Trust Accounts

and the Kiddie Tax, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Secretary Lisa Summers - Tribal Caucus and Inter-Tribal

Criminal Justice Council Meeting - Hayward, WI - May 23-24, 2018 (02:11:41)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the travel report from Secretary Lisa Summers for the Tribal

Caucus and Inter-Tribal Criminal Justice Council Meeting in Hayward, WI - May 23-24, 2018,

seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Approve travel report - Secretary Lisa Summers - 2018 Partners in Action Milwaukee, WI - July 17-19, 2018 (02:12:10)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to approve the travel report from Secretary Lisa Summers for the 2018

Partners in Action in Milwaukee, WI - July 17-19, 2018, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 20

September 12, 2018

Public Packet

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DRAFT

TRAVEL REQUESTS

Approve travel request - Secretary Lisa Summers and up to two (2) additional OBC

members - National Congress of American Indians 75th Annual Convention &

Marketplace - Denver, CO - October 20-27, 2018 (02:12:43)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to approve the travel request for Secretary Lisa Summers and up to two (2)

additional OBC members to attend the National Congress of American Indians 75th Annual

Convention & Marketplace in Denver, CO - October 20-27, 2018, seconded by David P. Jordan.

Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Enter e-poll results into the record - Approved travel request - Councilwoman

Jennifer Webster - Administration for Children & Families annual consultation Washington DC - September 12-13, 2018 (02:13:31)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record in accordance with the OBC SOP

entitled Conducting Electronic Voting (E-polls) for the approved travel request for Councilwoman

Jennifer Webster to attend the Administration for Children & Families annual consultation in

Washington DC - September 12-13, 2018, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Trish King, Kirby Metoxen, Ernie

Stevens III

Not Present:

Daniel Guzman King, Lisa Summers, Jennifer Webster

Councilman Daniel Guzman King left at 10:46 a.m.

Enter e-poll results into the record - Approved travel request - Councilman Ernie

Stevens III - Three (3) events - Milwaukee, WI and New York, NY - September 5-7,

2018 (02:17:41)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to enter the e-poll results into the record in accordance with the OBC SOP

entitled Conducting Electronic Voting (E-polls) for the approved travel request for Councilman Ernie

Stevens III to attend three (3) events in Milwaukee, WI and New York, NY - September 5-7, 2018,

seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Trish King, Kirby Metoxen

Abstained:

Ernie Stevens III

Not Present:

Daniel Guzman King, Lisa Summers, Jennifer Webster

For the record: The three (3) events for this travel request are: 1) the Department of Natural

Resources (DNR) Annual Tribal Consultation in Milwaukee, WI – September 5, 2018; 2) the 5th Annual

Media for Social Impact Summit in New York, NY - September 6, 2018; and 3) the 2018 Indian

Summer Festival Tribal Leaders Meeting in Milwaukee, WI - September 7, 2018.

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 20

September 12, 2018

Public Packet

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DRAFT

Enter e-poll results into the record - Approved travel request in accordance with §

219.16-1 - Six (6) Oneida Health Promotion and Disease Prevention team members

- Bemidji Area Director's Health & Wellness Award Presentation - September 1213, 2018 (02:18:52)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to enter the e-poll results into the record in accordance with the OBC SOP

entitled Conducting Electronic Voting (E-polls) for the approved travel request in accordance with §

219.16-1 for six (6) Oneida Health Promotion and Disease Prevention team members to attend the

Bemidji Area Director's Health & Wellness Award Presentation - September 12-13, 2018, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Trish King, Kirby Metoxen, Ernie

Stevens III

Not Present:

Daniel Guzman King, Lisa Summers, Jennifer Webster

Enter e-poll results into the record - Approved travel request - Councilman David

P. Jordan - National Tribal Gaming Commissioners/Regulators Conference - Prior

Lake, MN - September 17-18, 2018 (02:19:29)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to enter the e-poll results into the record in accordance with the OBC SOP

entitled Conducting Electronic Voting (E-polls) for the approved travel request for Councilman David P.

Jordan to attend the National Tribal Gaming Commissioners/Regulators Conference in Prior Lake, MN

- September 17-18, 2018, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Trish King, Kirby Metoxen, Ernie Stevens III

Abstained:

David P. Jordan

Not Present:

Daniel Guzman King, Lisa Summers, Jennifer Webster

XI.

NEW BUSINESS

Approve Debra Danforth, Division Director/Comprehensive Health - Operations,

nomination and associated correspondence - NIH Tribal Advisory Committee AtLarge Member (02:20:51)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the nomination of Debra Danforth, Division Director/

Comprehensive Health - Operations, for the NIH Tribal Advisory Committee At-Large Member and the

associated correspondence, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, David P. Jordan, Trish King, Kirby Metoxen, Ernie

Stevens III

Not Present:

Daniel Guzman King, Lisa Summers, Jennifer Webster

Enter the e-poll results into the record - Determination of distribution - 100 tickets 2018 Indian Summer Festival (02:22:07)

Sponsor: Lisa Summers, Secretary

Motion by Trish King to enter the e-poll results into the record in accordance with the OBC SOP

entitled Conducting Electronic Voting (E-polls) for the determination of distribution for 100 tickets for

the 2018 Indian Summer Festival, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 20

September 12, 2018

Public Packet

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DRAFT

Daniel Guzman King returned at 10:53 a.m.

XII.

GENERAL TRIBAL COUNCIL

Accept statement of effect regarding Petitioner Gladys Dallas: $5,000 payment

within 90 days (02:22:55)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the statement of effect regarding Petitioner Gladys Dallas: $5,000

payment within 90 days, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Accept legal review regarding Petitioner Gladys Dallas: $5,000 payment within 90

days (02:24:02)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the legal review regarding Petitioner Gladys Dallas: $5,000

payment within 90 days, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Accept fiscal impact statement regarding Petitioner Gladys Dallas: $5,000 payment

within 90 days (02:27:32)

Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to accept the fiscal impact statement regarding Petitioner Gladys Dallas:

$5,000 payment within 90 days, seconded by Daniel Guzman King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 15 of 20

September 12, 2018

Public Packet

21 of 235

DRAFT

Accept statement of effect regarding Petitioner Linda Dallas: Medicare Part B

premium payment (02:28:02)

Sponsor: David P. Jordan, Councilman

Motion by David P. Jordan to accept the statement of effect regarding Petitioner Linda Dallas:

Medicare Part B premium payment, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Accept legal review regarding Petitioner Linda Dallas: Medicare Part B premium

payment (02:28:31)

Sponsor: Jo Anne House, Chief Counsel

Motion by Kirby Metoxen to accept the legal review regarding Petitioner Linda Dallas: Medicare Part B

premium payment, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Accept fiscal impact statement regarding Petitioner Linda Dallas: Medicare Part B

premium payment (02:28:52)

Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to accept the fiscal impact statement regarding Petitioner Linda Dallas:

Medicare Part B premium payment, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 16 of 20

September 12, 2018

Public Packet

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DRAFT

XIII.

EXECUTIVE SESSION

REPORTS

Accept Chief Counsel report (02:29:42)

Sponsor: Jo Anne House, Chief Counsel

Motion by David P. Jordan to accept the Chief Counsel report, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by Brandon Stevens to accept the recommendation of the Chairman and terminate the

appointments of Carol Smith, Erik Krawczyk. Gary Smith, Gerald Decorah, Jason Martinez, Jennifer

Hill, Patricia Powless, Pearl Webster, Sharon Alvarez, Stacey M. Nieto, Tina M Moore, and Yvonne

Jourdan under the authority of section 105.6-5, based on the documentation submitted by members of

the Oneida Personnel Commission, the decisions of the Judiciary, and our findings before and after

dissolution of the Oneida Personnel Commission, seconded by David P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by Trish King to direct the Legislative Operating Committee to present the by-laws for the

Oneida Personnel Commission at the next regular Oneida Business Committee meeting with updated

qualifications to address the issue of understanding hearing authorities and responsibilities, seconded

by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by Kirby Metoxen to defer posting the Oneida Personnel Commission vacancies until the

updated by-laws are presented and approved by the Oneida Business Committee, seconded by David

P. Jordan. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Motion by Brandon Stevens to approve and authorize the Chairman to sign the joint statement

provided on September 11, 2018, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

STANDING ITEMS

LAND CLAIMS STRATEGY (No Requested Action)

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION (No Requested Action)

LAND MORTGAGE FUNDS (No Requested Action)

SERVICE ELIGIBILITY SUB-COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 17 of 20

September 12, 2018

Public Packet

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DRAFT

Defer Service Eligibility Sub-Committee August 2018 update to the

September 26, 2018, regular Business Committee meeting (02:35:19)

Sponsor: Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary;

Kirby Metoxen, Councilman

Motion by Trish King to defer the Service Eligibility Sub-Committee August 2018 update to the

September 26, 2018, regular Business Committee meeting, seconded by David P. Jordan. Motion

carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

AUDIT COMMITTEE

Approve limited waiver of sovereign immunity - Lighthouse Services Inc Hotline

Services Agreement - file # 2018-1026 (02:35:40)

Sponsor: David P. Jordan, Councilman

Motion by Brandon Stevens to approve a limited waiver of sovereign immunity for the Lighthouse

Services Inc Hotline Services Agreement - file # 2018-1026, noting Internal Audit will work with the Law

Office on eliminating the need for the waiver, seconded by Ernie Stevens III. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

TABLED BUSINESS (No Requested Action)

UNFINISHED BUSINESS (No Requested Action)

NEW BUSINESS

File # ED18-005 – Determine next steps (02:36:24)

Sponsor: Troy Parr, Division Director/Community & Economic Development

Motion by David P. Jordan to approve proceeding with a high impact low-cost roll-out to the

membership within the next two (2) months, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Review DR10 recommendation - Self-Governance personnel (02:36:57)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by David P. Jordan to accept the recommendation provided by the Intergovernmental Affairs

Director in the memorandum dated September 6, 2018, seconded by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 18 of 20

September 12, 2018

Public Packet

24 of 235

DRAFT

Approve research project entitled "Ownership Effects Among Native American

Banks" and associated correspondence (02:37:28)

Sponsor: Jo Anne House, Chief Counsel

Motion by David P. Jordan to approve the research project entitled "Ownership Effects Among Native

American Banks" and associated correspondence, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

File # ED18-028 - Determine next steps (02:37:59)

Sponsor: Ernie Stevens III, Councilman

Motion by David P. Jordan to direct Councilman Ernie Stevens III to coordinate a meeting regarding

File # ED18-028 and to invite the agreed upon entities, seconded by Brandon Stevens. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Accept executive travel report - Secretary Lisa Summers - 2018 Partners in

Action - Milwaukee, WI - July 17-19, 2018 (02:38:31)

Sponsor: Lisa Summers, Secretary

Motion by Trish King to accept the executive travel report from Secretary Lisa Summers for the 2018

Partners in Action in Milwaukee, WI - July 17-19, 2018, as information, seconded by David P. Jordan.

Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Review complaint # 2018-DR03-01 (02:39:12)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan that, based on the materials provided, complaint # 2018-DR03-01 has no

merit and is closed, seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Ernie Stevens III

Abstained:

Trish King

Not Present:

Lisa Summers, Jennifer Webster

File # ED-002 - Determine next steps (02:39:49)

Sponsor: Troy Parr, Division Director/Community & Economic Development

Motion by David P. Jordan to approve proceeding with the proposal dated August 9, 2018, seconded

by Trish King. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 19 of 20

September 12, 2018

Public Packet

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DRAFT

XIV.

ADJOURN (02:40:15)

Motion by David P. Jordan to adjourn at 11:12 p.m., seconded by Kirby Metoxen. Motion carried:

Ayes:

Brandon Stevens, Daniel Guzman King, David P. Jordan, Trish King,

Kirby Metoxen, Ernie Stevens III

Not Present:

Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 20 of 20

September 12, 2018

Public Packet

26 of 235

Oneida Business Committee Agenda Request

Approve September 18, 2018, special meeting minutes

1. Meeting Date Requested:

09 / 26 / 18

2. General Information:

Session:

Open

Agenda Header:

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

Minutes

Accept as Information only

Action - please describe:

Approve September 18, 2018, special Business Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 9/18/18 special BC meeting minutes DRAFT

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Secretary

Primary Requestor/Submitter:

Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

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DRAFT

Oneida Business Committee

Special Meeting

8:30 a.m. Tuesday, September 18, 2018

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa Summers, Council

members: Daniel Guzman King, Ernest Stevens III, Jennifer Webster;

Not Present: Chairman Tehassi Hill, Council members: David P. Jordan, Kirby Metoxen;

Arrived at: n/a

Others present: Kelly McAndrews, Lisa Liggins, Brooke Doxtator, Marlene Summers, Mike Mousseau,

Vicki Cornelius;

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Stevens at 8:33 a.m.

II.

OPENING

Provided by Councilman Daniel Guzman King.

III.

ADOPT THE AGENDA (00:01:07)

Motion by Trish King to adopt the agenda as presented, seconded by Jennifer Webster. Motion

carried:

Ayes:

Daniel Guzman King, Trish King, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Tehassi Hill, David P. Jordan, Kirby Metoxen

IV.

OATH OF OFFICE (00:01:33)

Administered by Secretary Lisa Summers. Vicki Cornelius, Michael Mousseau, and Marlene Summers

were present. Tracy L. Metoxen was not present.

Oneida Election Board - Vicki Cornelius

Sponsor: Lisa Summers, Secretary

Oneida Land Commission - Michael Mousseau

Sponsor: Lisa Summers, Secretary

Oneida Nation Commission on Aging - Marlene Summers

Sponsor: Lisa Summers, Secretary

Oneida Business Committee

Special Meeting Minutes

Page 1 of 2

September 18, 2018

Public Packet

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DRAFT

Oneida Nation School Board - Tracy L. Metoxen

Sponsor: Lisa Summers, Secretary

ADJOURN (00:06:00)

Motion by Ernie Stevens III to adjourn at 8:39 a.m., seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, Trish King, Ernie Stevens III, Lisa Summers,

Jennifer Webster

Not Present:

Tehassi Hill, David P. Jordan, Kirby Metoxen

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

____________________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

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September 18, 2018

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Oneida Business Committee Agenda Request

Adopt resolution entitled Adoption of the Community Development Planning Committee Charter

1. Meeting Date Requested:

/ 26 / 18

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Motion to adopt the resolution titled "Adoption of the Community Development Planning Committee

Charter".

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Resolution

3. CDPC Charter

2. Statement of Effect

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Ernest L. Stevens III, Councilmember

Primary Requestor/Submitter:

Cathy Bachhuber, Executive Assistant

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Memorandum

To:

Oneida Business Committee

From: Ernest Stevens III, CDPC Chair

Date: September 18, 2018

Re:

Community Development Planning Committee Charter and New Oneida Nation Business

Development for Economic and Revenue Diversification SOP

Included in the packet today for your consideration are the following:

1. Community Development Planning Committee (CDPC) Charter

o Resolution titled “Adoption of the Community Development Planning Committee

Charter”

o Statement of Effect for the “Adoption of the Community Development Planning

Committee Charter” Resolution.

o CDPC Charter (Charter) draft approved by the CDPC on September 6, 2018.

o CDPC Creation Documents approved by BC in 2009, for your reference.

2. New Oneida Nation Business Development for Economic and Revenue Diversification SOP

(SOP) (Separate BC Agenda item)

o SOP draft from the Community & Economic Development Division

2017-2018 CDPC Updates to Responsibilities

At the beginning of the term, the CDPC continued work from the prior CDPC to update the CDPC

creation documents to more accurately reflect the change in organizational structures and processes.

These changes included identifying specific responsibilities for the collaboration of Community

Development and the collaboration of Economic Development.

Since the work began on the Charter, an SOP was requested by the BC for processing economic and

business venture requests. At recent BC work sessions, the BC requested the CDPC charter and the

business venture SOP move in conjunction with each other and include a provision that business venture

requests go to the BC for initial consideration prior to being considered by the CDPC. The CDPC has

reviewed and approved the BC recommended changes to the draft CDPC Charter and draft SOP updates.

Requested action:

Motion to adopt the resolution titled "Adoption of the Community Development Planning

Committee Charter".

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __________________

Adoption of the Community Development Planning Committee Charter

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Oneida Business Committee believes that the creation of Standing Committees with

designated subject matter authority and responsibilities will aid in better understanding

and be more responsive to membership and organizational needs and demands; and

WHEREAS,

the Oneida Business Committee believes that the complexities of issues facing the Tribe

from both internal and external factors requires a deeper understanding of those issues

which can be obtained through the development of Standing Committees; and

WHEREAS,

the Oneida Business Committee believes that members elected to the Oneida Business

Committee bring a wealth of information and experience that can be better utilized

through the focus of Standing Committees; and

WHEREAS,

a standing committee of the Oneida Business Committee is not subject to the

Comprehensive Policy Governing Boards, Committees and Commissions;

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee, consistent with its delegated

authority under the Constitution and laws of the Oneida Nation does hereby create the Community

Development Planning Committee and adopts its Charter which identifies the members, and sets for the

powers, and responsibilities of the Community Development Planning Committee.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Adoption of the Community Development Planning Committee Charter

Summary

The resolution adopts the Community Development Planning Committee Charter.

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

Date: June 5, 2018

Analysis by the Legislative Reference Office

Through this resolution, the Oneida Business Committee, consistent with its delegated authority

under the Constitution and laws of the Oneida Nation creates the Community Development

Planning Committee and adopts its Charter which identifies the members, and sets for the

powers, and responsibilities of the Community Development Planning Committee.

The Oneida Business Committee believes that the creation of Standing Committees with

designated subject matter authority and responsibilities will aid in better understanding and be

more responsive to needs of the membership organizational needs and demands.

The resolution states that a standing committee of the Oneida Business Committee is not subject

to the Comprehensive Policy Governing Boards, Committees, and Commissions.

The Comprehensive Policy Governing Boards, Committees, and Commissions, most recently

amended by the Oneida Business Committee through resolution BC-09-22-10-C does not

specifically address the applicability of this law to standing committees of the Oneida Business

Committee. The Comprehensive Policy Governing Boards, Committees, and Commissions

defines an entity of the Nation as a board, committee or commission created by the General

Tribal Council or the Oneida Business Committee whose members are appointed by the Oneida

Business Committee or elected by the General Tribal Council. [1 O.C. 105.3-1]. Since the

Community Development Planning Committee is currently comprised of Oneida Business

Committee members, and not comprised of individuals who were elected or appointed to serve

on that committee, it may be inferred that the Community Development Planning Committee

does not meet the definition of entity as prescribed by the Comprehensive Policy Governing

Boards, Committees, and Commissions, and therefore is not subject to this policy.

This analysis does not include a review of Community Development Planning Committee

Charter.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Community Development Planning Committee

CDPC

CDPC CHARTER

The Community Development Planning Committee (CDPC), a standing committee reporting to the

Oneida Business Committee, was established by the Oneida Business Committee on February 25,

2009i.

Committee Purpose

The purpose of the CDPC is to improve the Oneida Nation community and operations by providing

strategic planning support and oversight by ensuring coordination on matters involving plans for

community development, economic development, housing, land use, and sustainability.

Members

The CDPC will consist of a minimum of five (5) members from the Oneida Business Committee.

1. CDPC members will be selected during the liaison process at the beginning of a new term of

the Oneida Business Committee.

2. Any of the Oneida Business Committee members not serving as a regular member may

serve as an ad hoc member to establish a quorum.

3. Ad hoc members may participate in any CDPC meeting as a regular member and will have

voting rights.

4. A Chair and Vice-Chair will be selected at the first CDPC meeting held after the new term of

office begins for the Oneida Business Committee.

General Responsibilities

1. Ensure projects and initiatives are prioritized and aligned with the Triennial Strategic Planii.

2. Act as a communication conduit to inform and educate the OBC on prioritized projects,

including supporting recommended actions to the OBC for consideration, as needed.

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3. Recommend and coordinate reviews and consultations of the Legislative Operating

Committee, Quality of Life, Finance Committee, Land Commission, and any other boards,

committees and commissions, as needed.

4. Request reports and updates, as needed, to ensure projects and initiatives are thoroughly

reviewed and completed in accordance to requested timelines.

5. Assist in supporting recommendations for the annual fiscal year budget process.

Specific Responsibilities

1. Collaboration of Community Development

a. Ensure coordination and collaboration of business units, boards, committees, and

commissions, on matters involving the public works, utilities, transportation, roads,

facilities management, utilities, housing, environment, and economic development as

it relates to community development.

b. Review and evaluate all community development efforts, including making

recommendations to the OBC as needed.

c. Review long-range and short-range planning of Tribal-related capital improvement

projects and provide strategic planning support.

d. Ensure capital improvement project plans are consistent with the Triennial Strategic

Planiii.

e. Work jointly with the Community & Economic Development Division to create and

recommend a Capital Improvement Plan for Enterprises and Government Services, as

needed.

2. Collaboration of Economic Development

a. Ensure coordination of business units, boards, committees, and commissions, on

matters involving economic development and business ventures.

b. Develop a standard operating procedure for receiving and processing business

venture requests for vetting.

c. Review and make recommendations regarding economic and sustainability related

strategies and initiatives.

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Meetings

1. Regular monthly meetings will normally be held on the 1st Thursday of each month.

2. Special meetings may be called as needed and shall be noticed in accordance with the Open

Records and Open Meetings Law.

3. A quorum of three membersiv is required to take official actions.

4. Work sessions may be scheduled as needed by request.

2/25/2009 BC Meeting: Motion by Patty Hoeft to approve re-initiating the Business Committee Planning meeting that

will now become the Community Planning Committee starting on the first Thursday of every month, starting March 5,

2009 and that five Business Committee members be appointed today to serve on this Committee and that the draft

standard procedures for the Committee that are presented, be adopted, seconded by Ed Delgado. Motion carried

unanimously.

The Triennial Strategic Plan is determined by the OBC at the beginning of each OBC in accordance with the Budget

Management and Control 1-121.4 Strategic Planning.

iii

The Triennial Strategic Plan is determined by the OBC at the beginning of each OBC in accordance with the Budget

Management and Control 1-121.4 Strategic Planning.

11/9/2011 BC Meeting: Motion to approve CDPC Quorum Change from 5 BC members to 3 BC members.

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Oneida Business Committee Agenda Request

Adopt resolution entitled 2018 Intertribal Buffalo Council, Buffalo Herd Development Grant

1. Meeting Date Requested:

09 / 26 / 18

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 resolution entitled 2018 Intertribal Buffalo Council, Buffalo Herd Development Grant

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Grant Authorization Form

2. Oneida Concept Letter

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Larry Barton, Chief Financial Officer

Primary Requestor/Submitter:

Donald M Miller, Technical Writer, Grants Department

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Jeff Scofield, Agriculture Director

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The Oneida Farm annually applies for and receives the InterTribal Buffalo Council (ITBC) Herd Development

Grant. In varying amounts the ITBC has financially supported the Oneida Nation's efforts to develop and maintain

the Oneida Buffalo herd as a source of nutritional food and a support for Oneida food sovereignty. As a means of

demonstrating community and tribal support for this project this grant requires that a Tribal Resolution be

included with the application.

We request that the Oneida Business Committee adopt a resolution in support of this grant application.

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

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

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

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # ____________

2018 Intertribal Buffalo Council, Buffalo Herd Development Grant

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 has determined that the overall goal of the Oneida Nation is to protect,

maintain and improve the standard of living and the environment in which the Oneida

people live; and

WHEREAS,

the Oneida Buffalo Herd Development Project promotes food sovereignty and selfsufficiency and is an integral component of the Oneida Community Integrated Food System

(OCIFS) because it provides high quality, hormone-free, traditional bison meat products

for the improved health and well-being of the Oneida Community; and

WHEREAS,

the Oneida Nation is committed to maintaining long-term support for the Oneida Buffalo

Herd Development Project; and

WHEREAS,

The Oneida Business Committee has on several occasions in the past, on behalf of the

Oneida Nation, expressed their support through resolutions for similar grant applications

and the InterTribal Buffalo Council; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the Oneida Farm’s

submission of a grant application to the InterTribal Buffalo Council for the purposes of restoring and

supporting the Oneida Buffalo Herd Development Project in a manner that is culturally, ecologically and

economically self-sustaining, and supportive of the Oneida Nations nutritional goals and community health.

The official Tribal representative to the InterTribal Buffalo Council shall be Jeff Scofield, Agricultural Director

and his alternate shall be Ralinda Ninham-Lamberies, Assistant Chief Financial Officer.

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Adopt resolution entitled Amendments to the Comprehensive Policy Governing Boards, Committees, a

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions

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 Comprehensive Policy Governing Boards, Committees, and Commissions (“the Law”)

was adopted by the Oneida Business Committee through resolution BC-05-14-97-F and

amended by resolutions BC-09-27-06-E, and BC-09-22-10-C; and

WHEREAS,

the purpose of the Law is to govern boards, committees, and commissions of the Nation,

including the procedures regarding the appointment and election of persons to boards,

committees and commissions, creation of bylaws, maintenance of official records,

compensation, and other items related to boards, committees and commissions; and

WHEREAS,

the amendments to this Law change the name from “Comprehensive Policy Governing

Boards, Committees, and Commissions” to “Boards, Committees, and Commissions law”;

and

WHEREAS,

the amendments to this Law provide guidelines for the creation of a board, committee, or

commission; and

WHEREAS,

the amendments to this Law update the information required to be included on an

application and the process for submitting an application; and

WHEREAS,

the amendments to this Law revise how vacancies on a board, committee, and

commission are handled, and allow for an individual to remain in office until the member’s

successor has been sworn in by the Oneida Business Committee in an effort to prevent a

discontinuation of business or a loss of quorum for the entity; and

WHEREAS,

the amendments to this Law update the appointment selection process to provide for

more efficient and effective selections; and

WHEREAS,

the amendments to this Law require that oaths of office be taken at Oneida Business

Committee meeting, and provide for an updated oath of office; and

WHEREAS,

the amendments to this Law expand the information that boards, committees, and

commissions are required to include in their bylaws; and

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BC Resolution # _______

Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions

Page 2 of 3

WHEREAS,

the amendments to this Law provide a process for electronic polling, if a board,

committee, or commission decides to use electronic polling; and

WHEREAS,

the amendments to this Law expand the reporting requirements of boards, committees,

and commissions to include requirements regarding standard operating procedures,

quarterly reports to the Oneida Business Committee, and annual and semi-annual reports

to the General Tribal Council; and

WHEREAS,

the amendments to this Law provide detailed information on what stipends or

compensation is available for members of boards, committees, and commissions, and

state that Oneida Business Committee shall set specific stipend amounts by resolution;

and

WHEREAS,

the amendments to this Law address how confidential information is handled by boards,

committees, and commissions, including the addition of a requirement for board,

committee, and commission members to be provided an official Oneida e-mail address to

conduct business of the board, committee, and commission on; and

WHEREAS,

the amendments to this Law simplify the information provided in the law regarding

conflicts of interest and clarify that due to the potential for a real or perceived conflict of

interest to exist, political appointees shall not serve on an appointed or elected board,

committee, or commission; and

WHEREAS,

the amendments to this Law provide additional notice requirements for the dissolution of

a board, committee, or commission; and

WHEREAS,

the amendments to this Law provide greater detail on how violations of this Law may be

enforced; and

WHEREAS,

the amendments to this Law make other minor drafting revisions and updates; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on June 21, 2018, in

accordance with the Legislative Procedures Act, and the public comments were reviewed

and accepted by the Legislative Operating Committee on July 18, 2018 ; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee sets forth the following in

regards to the implementation of this resolution:

1. Informational Bylaws Meetings. Section 105.10-1(a) of the Law requires that all existing boards,

committees, and commissions of the Nation comply with the bylaw format prescribed in the Law

and present bylaws for adoption within a reasonable time after adoption of this Law. Within thirty

(30) days, the Legislative Reference Office shall provide at least two (2) informational bylaw

meetings with the various boards, committees, and commissions of the Nation. The purpose of

the informational bylaws meetings will be for the Legislative Reference Office to:

a. provide an update on the revised bylaw requirements as a result of the amendments to

the Law;

b. provide a template for the development of revised bylaws; and

c. offer assistance to boards, committees, and commissions in the development and

drafting of updated bylaws.

2. Official Oneida Nation E-Mail Addresses. Section 105.14-3 of the Law requires that each

member of a board, committee, or commission be provided an official Oneida e-mail address

upon election or appointment for the purpose of conducting business of the entity electronically.

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BC Resolution # _______

Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions

Page 3 of 3

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

The Management Information System Department shall have six (6) months from the adoption of

the Fiscal Year 2019 budget to provide an official email address to all members of a board,

committee, or commission of the Nation.

3. Oneida Business Committee’s Political Appointees. Due to the potential for a real or perceived

conflict of interest to exist, section 105.15-3 of this Law requires that an individual who serves as

a political appointee to an Oneida Business Committee member shall not simultaneously serve

on an appointed or elected board, committee, or commission.

a. Current Political Appointees on Elected Boards, Committees, and Commissions. All

political appointees of the Oneida Business Committee that are currently simultaneously

serving on an elected board, committee, or commission of the Nation shall be allowed to

complete his or her term.

b. Political Appointee Job Descriptions. The Nation’s Human Resources Department shall

update the job descriptions for Oneida Business Committee political appointee positions

to include a reference to the requirement that a political appointee of an Oneida Business

Committee member shall forgo serving on an elected or appointed board, committee, or

commission of the Nation.

BE IT FINALLY RESOLVED, that the amendments to the Comprehensive Policy Governing Boards,

Committees, and Commissions are hereby adopted and shall be effective October 10, 2018.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions

Summary

This resolution adopts amendments to the Comprehensive Policy Governing Boards,

Committees, and Commissions.

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

Date: September 19, 2018

Analysis by the Legislative Reference Office

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of

the Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Comprehensive Policy

Governing Boards, Committees, and Commissions, which comply with all processes and

procedures required by the LPA, including the development of a legislative analysis, a fiscal

analysis, and the opportunity for public review during a public meeting and public comment

period. [1 O.C. 109.6, 109.7, 109.8].

The Comprehensive Policy Governing Boards, Committees, and Commissions was adopted by

the Oneida Business Committee for the purpose of governing boards, committees, and

commissions of the Nation, including the procedures regarding the appointment and election of

persons to boards, committees and commissions, creation of bylaws, maintenance of official

records, compensation, and other items related to boards, committees and commissions. [1 O.C.

105.1-1].

The amendments to the Comprehensive Policy Governing Boards, Committees, and

Commissions will:

▪ Amend the name of this law from “Comprehensive Policy Governing Boards,

Committees, and Commissions” to “Boards, Committees, and Commissions law;”

▪ Provide guidelines for the creation of a board, committee, or commission [1 O.C. 105.4];

▪ Update the information required to be included on an application and the process for

submitting an application [1 O.C. 105.5];

▪ Revise how vacancies on a board, committee, and commission are handled, and allow for

an individual to remain in office until the member’s successor has been sworn in by the

Oneida Business Committee in an effort to prevent a discontinuation of business or a loss

of quorum for the entity [1 O.C. 105.6];

▪ Update the appointment selection process to provide for more efficient and effective

selections [1 O.C. 105.7];

▪ Require that oaths of office be taken at Oneida Business Committee meeting and update

the oath of office [1 O.C. 105.9];

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Expand the information that boards, committees, and commissions are required to include

in their bylaws [1 O.C. 105.10];

Provide a process for electronic polling, if a board, committee, or commission decides to

use electronic polling [1 O.C. 105.11];

Expand the reporting requirements of boards, committees, and commissions to include

requirements regarding standard operating procedures, quarterly reports to the Oneida

Business Committee, and annual and semi-annual reports to the General Tribal Council

[1 O.C. 105.12];

Provide detailed information on what stipends or compensation is available for members

of boards, committees, and commissions, and state that Oneida Business Committee shall

set specific stipend amounts by resolution [1 O.C. 105.13];

Address how confidential information is handled by boards, committees, and

commissions, including the addition of a requirement for board, committee, and

commission members to be provided an official Oneida e-mail address to conduct

business of the board, committee, and commission on [1 O.C. 105.14];

Simplify the information provided in the law regarding conflicts of interest clarify that

due to the potential for a real or perceived conflict of interest to exist, political appointees

shall not serve on an appointed or elected board, committee, or commission [1 O.C.

105.15];

Require that the dissolution of a board, committee, or commission be noticed to the

board, committee, or commission [1 O.C. 105.17]; and

Provide greater detail on how violations of this law may be enforced [1 O.C. 105.18].

Additional minor changes are made to the draft to update the language and ensure compliance

with drafting style and formatting requirements.

In accordance with the LPA, a public meeting on the proposed amendments to the

Comprehensive Policy Governing Boards, Committees, and Commissions was held on June 21,

2018. Thirteen (13) people attended the public meeting with eight (8) people providing oral

comments. The public comment period closed on June 28, 2018. The Legislative Operating

Committee received two (2) submissions of written comments during the public comment

period. All comments public comments received were accepted, reviewed, and considered by the

Legislative Operating Committee on July 18, 2018. Any changes made based on those comments

have been incorporated into this draft.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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Analysis to OBC Consideration Draft (Draft 3)

2018 09 19

Amendments to Comprehensive Policy on

Boards, Committees and Commissions

Legislative Analysis

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

SPONSOR:

DRAFTER:

ANALYST:

Jennifer Webster

Clorissa Santiago

Brandon Wisneski

When added to the Active Files list in 2013, the original intent of the amendments

was to prohibit individuals from serving on multiple boards, committees and

commissions at one time; set term limits; and prohibit Tribal employees from

serving on tribal boards, committees and commissions. Over time, the intent has

changed. The current intent of the amendments is set new standards for entity

bylaws, update reporting requirements, update the appointment process to

increase feedback from entities and BC members, set a procedure for the creation

of new entities, create a standard e-poll process, require official email addresses

for members of entities, prohibit the BC’s political appointees from serving on

entities, set new limitations and requirements for stipends, and allow the Business

Committee to set stipend amounts by resolution, among other changes.

To govern the procedures regarding boards, committees and commissions of the

Nation, including appointment and election, creation of bylaws, maintenance of

official records, and compensation. [see Boards, Committees and Commissions, 1

O.C. 105.1-1]

Anyone serving on a Board, Committee or Commission of the Nation. Anyone

applying to serve on a Board, Committee, or Commission of the Nation. Political

appointees, such as legislative assistants. This law references the duties of the

Business Committee Support Office, the Nation’s Secretary, the Nation’s

Chairperson, the Oneida Election Board, Management Information Service (MIS)

Department, and Records Management Department. This law does not apply to

the Oneida Business Committee, Standing Committees or Tribal corporations.

Election law, Removal law, Conflict of Interest law, Code of Ethics, Computer

Resources Ordinance, Social Media Policy, Travel and Expense Policy, Oneida

Nation Gaming Ordinance, and bylaws of all boards, committees and

commissions of the Nation.

A member of an entity that violates this law may be subject to sanctions and

penalties in accordance with any laws and policies of the Nation governing

sanctions and penalties. A member of an elected entity may be subject to removal

pursuant to the Removal Law. A member of an appointed entity may be subject to

termination of appointment by the Oneida Business Committee. [see Boards,

Committees and Commissions, 1 O.C. 105.17]

A public meeting was held on June 21, 2018.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Comprehensive Policy Governing Boards, Committees and Commissions was first adopted by

the Oneida Business Committee on August 2, 1995, and was most recently amended by the Business

Committee on September 27, 2006.

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Analysis to OBC Consideration Draft (Draft 3)

2018 09 19

B. These amendments set new standards for entity bylaws, update reporting requirements, update the

appointment process to increase feedback from entities and BC members, set a procedure for the

creation of new entities, create a standard e-poll process, require official email addresses for members

of entities, prohibit the BC’s political appointees from serving on entities, set new limitations and

requirements for stipends, and allow the Business Committee to set stipend amounts by resolution,

among other changes.

C. The following chart lists the Boards, Committees and Commissions of the Nation that are governed

by this law. This law does not apply to the Oneida Business Committee, Standing Committees of the

Nation, or Tribal Corporations.

ELECTED

APPOINTED

▪ Oneida Election Board

▪ Anna John Resident Centered Care Community

▪ Oneida Gaming Commission

Board (AJRCC)

▪ Oneida Land Claims Commission

▪ Environmental Resource Board (ERB)

▪ Oneida Land Commission

▪ Oneida Community Library Board

▪ Oneida Nation Commission on ▪ Oneida Nation Arts Board

Aging (ONCOA)

▪ Oneida Police Commission

▪ Oneida Nation School Board

▪ Oneida Pow Wow Committee

▪ Trust Enrollment Committee

▪ Oneida Nation Veterans Affairs Committee

(ONVAC)

▪ Pardon and Screening Forgiveness Committee

▪ Personnel Selection Committee*

▪ Southeastern WI Oneida Tribal Services

Advisory Board (SEOTS)

*Note: On August 27, 2018, GTC rescinded the dissolution of the Personnel Commission. It is

expected that the re-established Personnel Commission will be subject to this law.

SECTION 3. CONSULTATION AND OUTREACH

A. The Business Committee Support Office, Records Management, Management Information Services

(MIS) Department and representatives from the following Boards, Committees and Commissions

were consulted in the development of this law: Environmental Resource Board, Police Commission,

Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida Election Board, Oneida

Land Claims Commission, Trust Enrollment Committee, Oneida Veterans Affairs Committee,

Gaming Commission, Pow-wow Committee, Land Commission, Oneida Library Board. All boards,

committees and commissions were invited to participate in two work meetings scheduled outside of

normal business hours to meet their needs.

B. The Election Law, Removal Law, Conflict of Interest Law, Code of Ethics, Computer Resources

Ordinance, Social Media Policy, Travel and Expense Policy, and Oneida Nation Gaming Ordinance

were reviewed in drafting this analysis. In addition, the following bylaws were reviewed: Oneida

Election Board, Oneida Land Claims Commission, Oneida Land Commission, ONCOA, Oneida

Nation School Board, Trust Enrollment Committee, Anna John Resident Centered Care Community

Board, Finance Committee, Arts Board, Audit Committee, Environmental Resource Board, Oneida

Community Library Board, ONVAC, Pardon and Forgiveness Screening Committee, Police

Commission, Pow-wow Committee and Southeastern WI Oneida Tribal Services Advisory Board

(SEOTS).

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SECTION 4. PROCESS

SECTION 5. CONTENTS OF THE LEGISLATION

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was originally added to the Active Files List on April 3, 2013 and has been carried over from

the previous two terms. The law was re-added to the Active Files List on September 17, 2014 and

again on September 6, 2017.

C. At the time this legislative analysis was developed, the following work meetings were held/scheduled

regarding the most recent efforts to develop this law and legislative analysis:

▪ September 6, 2017: LOC work meeting.

▪ September 21, 2017: LOC, BC Support Office, and representatives from the following Boards,

Committees and Commissions: Election Board, Environmental Resource Board, Land Claims

Commission, Police Commission, ONCOA, and Trust Enrollment. In addition, the Oneida Nation

School Board submitted written comments.

▪ October 2, 2017: BC Support Office

▪ October 27, 2017: LOC work meeting.

▪ February 2, 2018: LOC work meeting.

▪ February 22, 2018: LOC, BC Support Office, and representatives from the following Boards,

Committees and Commissions: Election Board, Gaming Commission, Land Commission, Library

Board, ONCOA, ONVAC, Police Commission, Pow-wow Committee, and Trust Enrollment. In

addition, Environmental Resource Board submitted written comments.

▪ March 2, 2018: LOC work meeting.

▪ March 21, 2018: BC Support Office and Oneida Management Information Services (MIS)

▪ April 11, 2018: BC Support Office and MIS

▪ May 2, 2018: LOC work meeting.

▪ June 6, 2018: LOC work meeting.

▪ June 20, 2018: LOC work meeting.

▪ July 18, 2018: LOC work meeting.

▪ August 13, 2018: LOC work meeting.

A. Title. The title of the law has been changed from “Comprehensive Policy on Boards, Committees and

Commissions” to “Boards, Committees and Commissions.”

B. Creation of an Entity. This new provision outlines a standard procedure for the creation a new

board, committee or commission. Boards, committees or commissions must be created by adoption of

a law or resolution by the Oneida Business Committee (OBC) or General Tribal Council (GTC). The

law or resolution must include the purpose, powers and responsibilities of the entity. The Oneida

Business Committee is responsible for drafting the initial bylaws when a new entity is created. This is

because a newly created board will not have any members. Once board members are appointed, they

may revise their bylaws in accordance with this law [see Boards, Committees and Commissions, 1

O.C. 105.4].

C. Applications. The application form to serve on a board, committee or commission must be approved

by the Oneida Business Committee. The application form must include a conflict of interest

disclosure. A statement has been added to the application form explaining attendance requirements.

The intent is to ensure applicants are aware of these requirements when they apply. Application

materials will be made available in the Business Committee (BC) Support Office.

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▪

Background Investigation Application. For entities that require a background check, an additional

application form will now be required. This background application form will include social

security number and any other information required to conduct a background investigation. The

background investigation application will not be shared with the Oneida Business Committee,

entity or Election Board. The intent is to keep this personal information separate from the main

application materials. Currently, only Oneida Gaming Commission and Oneida Police

Commission require background checks [see Boards, Committees and Commissions, 1 O.C.

105.5-1(b)].

▪ Completed applications must be submitted by 4:30 p.m. on the deadline date. Applications may

be mailed as long as they are postmarked by the deadline date and received by the Business

Committee Support Office within 5 business days of the deadline [see Boards, Committees and

Commissions, 1 O.C. 105.5-2].

D. Vacancies. This section describes the process for filling vacancies.

▪ Appointments to Fill Vacancies on Elected Entities. Individuals appointed to fill a vacancy on an

elected entity will be considered an appointed official for the purposes of this law. This means

that the appointed official may have their appointment terminated by the OBC, regardless of

whether they serve on an elected board. [see Boards, Committees and Commissions, 1 O.C.

105.6-1].

▪ Serve until Successor Appointed. A new provision was added to allow members to remain in

office until their successor has been sworn in. This provision was added to ensure that entities can

still maintain a quorum while they wait for new appointments to be processed [see Boards,

Committees and Commissions, 1 O.C. 105.6-2(a)(1)].

▪ Resignations. Previously, officials could resign by delivering a resignation letter to the entity’s

chairperson or by verbally resigning during a meeting. The process for resignation letters has

been changed to require officials to submit their letter to both the entity’s chairperson and to the

BC Support Office. This is to ensure that the BC Support Office is aware of resignations as soon

as they occur, so that vacancies can be posted and filled in a timely manner [see Boards,

Committees and Commissions 1 O.C. 105.6-2(d)]

▪ Entities must notify the BC Support Office of vacancies as soon as they learn the position will

become vacant [see Boards, Committees and Commissions, 1 O.C. 105.6-3]. This section also

specifies when the BC Support Office must post notice of vacancies [see Boards, Committees and

Commissions, 1 O.C. 105.6-4]. Notice of vacancies will be posted by the BC Support Office in all

official media outlets of the Nation, as determined by the Oneida Business Committee. This

currently includes the Kalihwisaks and the Nation’s website [see Boards, Committees and

Commissions, 1 O.C. 105.6-5].

E. Appointment to an Entity. This section describes the process for appointment to an entity.

▪ Current Process. Under current law, all applications are delivered to the Nation’s chairperson.

The chairperson selects an applicant “within a reasonable time” and the appointment is voted on

by the Oneida Business Committee. Currently, the chairperson is under no obligation to consult

with OBC members prior to making an appointment, and there is no timetable for when the

appointment must be made.

▪ Proposed Process. In this proposed law, the appointment process has been modified to provide

individual OBC members and the entity’s chairperson an opportunity to review applications and

offer recommendations. In addition, this law requires the BC Support Office to place

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appointments on the executive session portion of the agenda for the next BC meeting, to ensure a

speedier appointment process. During executive session of the next BC meeting, all OBC

members will have an opportunity to discuss the applicants and select an appointee by consensus

[see Boards, Committees and Commissions, 1 O.C. 105.7-1].

▪ Notification of an Appointment. After an appointment

Chart 2. Appointment Comparison

is approved by the Business Committee, the Nation’s

CURRENT

PROPOSED

Chairperson will notify the Secretary of the appointment.

APPOINTMENT

The Secretary will then notify the applicant [see Boards,

PROCESS

Committees and Commissions, 1 O.C. 105.7-2].

▪ Declining an Appointment.

This new provision

describes how an individual can decline their

Applications

delivered to all OBC

appointment before taking the oath of office. Individuals delivered to Nation’s

members and

chairperson

can decline their appointment by delivering a letter to the

entity’s chair

BC Support Office. In addition, failure to take the oath

of office within thirty (30) days of appointment will also

be considered declining the appointment. Oaths of office Chairperson places

BC Support Office

appointment on

places appointment

are administered during OBC meetings, which are held

agenda within a

on agenda of next

twice monthly. Therefore, appointees will have at least

reasonable time

OBC meeting

two opportunities to take the oath. In addition, a new

provision has been added later in this law to allow for

Chairperson not

OBC members and

oaths of office by video conference. If an individual

required to seek

entity’s chair may

declines their appointment, the OBC will select another feedback from OBC

review and make

recommendations

applicant from the original posting rather than re-post members or entity’s

chair prior to

prior to OBC

the vacancy [see Boards, Committees and Commissions,

meeting

1 O.C. 105.7-3].

▪ Termination of Appointment. Appointed members,

In executive session,

including individuals appointed to fill vacancies on Chairperson selects

full OBC selects

applicant and

applicant together

elected entities, may have their appointment terminated presents nomination

after discussing

at OBC meeting

by a 2/3 majority vote of the BC. Termination of

recommendations

appointment is final and cannot be appealed [see

Boards, Committees and Commissions, 1 O.C. 105.7-4].

F. Election to an Entity. Candidates for an elected entity must

OBC votes on

be nominated at a caucus or petition to be placed on the

appointment

ballot. Vacancies may be filled by appointment, per each

entity’s bylaws. The election process is governed by the

Election Law [See Boards, Committees and Commissions, 1 O.C. 105.8].

G. Oath of Office. This section lists the oath of office and the procedure for changing the oath.

▪ Revised Oath. Minor revisions have been made to the wording of the oath to reflect the change

from Oneida Tribe to Oneida Nation and to make it easier to recite. Specifically, “and with the

strictest confidentiality” has been changed to “and will strictly maintain confidential

information.”

▪ Video Conference. A provision has been added that allows members to take their oath by video

conference with permission of the Secretary. Members of the SEOTS Board, who reside in the

Milwaukee area, are an example of members who may benefit from this provision.

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▪

Electronic Copies. The BC Support Office may now store electronic copies of the signed oath,

rather than keep original paper copies [See Boards, Committees and Commissions, 1 O.C. 105.9]

H. Bylaws. Bylaws are the documents that provide a framework for the operation and management of an

entity. This law outlines the format that entities must follow for developing their bylaws. These are

the minimum requirements for what must be included. Entities may add additional information to

their bylaws if they choose. Bylaws must be organized in the following manner:

▪ Article I: Authority. This section includes the following new provisions: Establishment, which

cites the law or resolution that established the entity. Authority, which will state the purpose of

the entity and the authority delegated to the entity. Termination or Removal, which identifies

causes for termination or removal from the entity. Trainings and Conferences, which describes

trainings and/or conferences the entity deems necessary to serve on the entity [See Boards,

Committees and Commissions, 1 O.C. 105.10-3(a)].

▪ Article II: Officers. This section lists the duties and responsibilities of the entity’s chairperson,

vice chairperson, and any additional officers. It also describes the procedure for selecting officers

and whether the entity has the authority to hire personnel. A new provision on budgetary and

travel sign-off authority has been added to identify which members of the entity have sign-off

authority on behalf of the entity. All travel requests must be approved by majority vote during a

meeting of the entity [See Boards, Committees and Commissions, 1 O.C. 105.10-3(b)].

▪ Article III: Meetings. This section identifies when and where regular, emergency and joint

meetings will be held and how meetings will be noticed [See Boards, Committees and

Commissions, 1 O.C. 105.10-3(c)].

o Justification for Emergency Meetings. Within 72 hours of an emergency meeting, the

entity must provide the Nation’s Secretary with notice of the meeting, the reason for the

meeting, and an explanation for why the matter could not wait for a regular meeting. This

is a new provision.

o Joint Meetings. A new provision has been added regarding whether joint meetings will be

held between the entity and the Oneida Business Committee.

o Voting and E-Poll. The Voting section has been revised to include whether the entity will

allow e-polls and under what circumstances the entity’s chairperson is allowed to vote.

▪ Article IV: Expectations. This is a new section which sets expectations for behavior of members

of an entity. Entities must prohibit violence and the use of alcohol and illegal drugs when acting

in an official capacity. Entities must also list expectations regarding how official business of the

entity may be posted on social media. A conflict of interest section has also been added, which

lists any additional conflict of interests that may be unique to that entity. This section will also

describe how conflicts of interest will be handled and mitigated [See Boards, Committees and

Commissions, 1 O.C. 105.10-3(d)].

▪ Article V: Stipends and Compensation. This new section will list all of the stipends members are

eligible to receive and the requirements for collecting each stipend [See Boards, Committees and

Commissions, 1 O.C. 105.10-3(e)].

▪ Article VI: Records and Reporting. This section describes the procedure and format for agenda

items, meeting minutes, attachments and the entity’s relationship with the OBC Liaison. New

revisions to this section include identifying a reasonable timeframe that the entity will submit

minutes to the BC Support Office, and identifying how records of meeting attachments will be

kept [See Boards, Committees and Commissions, 1 O.C. 105.10-3(f)].

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Audio Recording Requirement. All entities will now be required to audio record their

meetings.

▪ Article VII: Amendments. This section describes how entities may revise their bylaws, with the

approval of the Oneida Business Committee or General Tribal Council [See Boards, Committees

and Commissions, 1 O.C. 105.10-3(g)].

I. Electronic Polling (E-Poll). This new provision outlines the process for conducting an electronic

poll, or “e-poll.” Entities may use e-polls if approval of an action is needed before their next meeting.

▪ E-Poll Process. E-polls must be sent from an official email address of the entity by the chair or

designee, include a deadline for response of no greater than 24 hours, and follow the formatting

requirements described in this section. Members will vote by responding to the e-poll from an

official address of the entity. Responses from personal email addresses will not be accepted. In

order for an e-poll to be valid, a majority of the members of the entity must respond to the e-poll.

This is similar to requiring a quorum for an in-person meeting. If a majority vote in support of

the e-poll, then the action will be approved. Copies of all e-poll results must be placed on the

entity’s next meeting agenda to be entered into the record [see Boards, Committees and

Commissions, 1 O.C. 105.11].

J. Reporting Requirements. This law describes reporting requirements for minutes, standard operating

procedures and reports to the Oneida Business Committee and General Tribal Council. Several new

provisions have been added:

▪ Minutes. Actions taken by an entity are valid once the action has been approved by a vote. For

example, if an entity passes a motion, that motion is valid immediately. Entities have the option

of adding a requirement to their bylaws that minutes must be approved before the actions become

valid [See Boards, Committees and Commissions, 1 O.C. 105.12-1].

▪ Standard Operating Procedures. Entities will now be required to submit all standard operating

procedures to the BC Support Office to be kept on file.

▪ Quarterly Reports to Oneida Business Committee. Entities must submit quarterly reports to the

Oneida Business Committee. At least one member of each entity must attend the BC Meeting

where their quarterly report is being presented. Quarterly reports will contain the following

information: Contact information, number and type of meetings, the topics of any emergency or

special meetings, accomplishments, goals, budget status, requests to the Business Committee and

any other information deemed appropriate by the entity [See Boards, Committees and

Commissions, 1 O.C. 105.12-3].

▪ Annual and Semi-Annual Reports to GTC. Entities must submit annual and semi-annual reports

to the General Tribal Council. The Business Committee will set the format for these reports.

o Complaints. New provisions were added that require entities to include the number of

substantiated complaints against members of the entity in their annual and semi-annual

reports. A substantiated complaint is a complaint that has been found valid by the BC or

Judiciary. The proposed Sanctions and Penalties law will set a standard procedure for

complaints.

▪ Failure to Submit Reports. A new provision was added specifying that if an entity does not

submit reports on time, OBC may place a hold on all stipends for that entity until the reports are

received [See Boards, Committees and Commissions, 1 O.C. 105.12-5].

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K. Stipends, Reimbursement and Compensation. This law describes the procedures for how stipends

will be paid for meetings, hearings, and other expenses [see Boards, Committees and Commissions, 1

O.C. 105.13].

▪ Stipend Amount Set by Resolution. Rather than put the stipend amounts within the law, the

Oneida Business Committee will now set stipend amounts in a separate resolution. The BC may

adjust those amounts by amending the resolution. The purpose of this change is to allow for

greater flexibility in adjusting stipends. It also ensures that stipend amounts for all of the Nation’s

boards, committees and commissions are accurately documented in one place. At the time this

analysis was written, the LOC plans to draft a resolution setting stipend amounts and include the

resolution in the adoption packet for this law.

▪ Gift Card Option. Entities will now have the option of paying stipends in the form of cash or gift

cards, such as Oneida Retail cards.

▪ Requirements for Regular and Emergency Meeting Stipends. In order to receive a stipend,

meetings must have an established quorum and last at least one hour. In addition, there is a new

requirement that members must be physically present for the entire meeting to earn the stipend. If

members arrive late or leave early, they will not earn a stipend.

o Appointed Members: Appointed members may only receive one meeting stipend per

month, regardless of the number of meetings held. This is consistent with current law

[See Boards, Committees and Commissions, 1 O.C. 105.13-3(a)].

o Elected Members: Elected members may receive two meeting stipends per month,

regardless of the number of meetings held. This is a change from current law, which

previously allowed elected boards to receive stipends for any number of meetings per

month. [See Boards, Committees and Commissions, 1 O.C. 105.13-3(b)].

▪ Requirements for Joint Meeting Stipends. Members of entities can receive a stipend for attending

a duly called joint meeting with the Oneida Business Committee. The joint meeting must have an

established quorum, last at least one hour, and members must be physically present for the entire

meeting. Business Committee members are full-time employees and do not receive meeting

stipends [See Boards, Committees and Commissions, 1 O.C. 105.13-4].

o Examples: Trust Enrollment Committee, Land Commission and Land Claims

Commission are examples of entities that hold joint meetings with the Business

Committee.

▪ Stipends for Oneida Judiciary Hearings. A member of an entity will receive a stipend for

attending an Oneida Judiciary hearing if that member is required to attend by subpoena [See

Boards, Committees and Commissions, 1 O.C. 105.13-5].

▪ Hearings of an Entity: Members may receive stipends for conducting hearings administered by

the entity. Entities may only receive one stipend for each hearing, regardless of the length of the

hearing. Members may not receive additional stipends for continuations of a hearing or to draft

decisions [See Boards, Committees and Commissions, 1 O.C. 105.13-6].

o Boards with Hearing Authority: The following entities currently exercise hearing

authority: Election Board, Police Commission, School Board, Trust Enrollment

Committee, Pardon and Forgiveness Screening Committee, and Gaming Commission.

Environmental Resource Board and Land Commission have transferred hearing body

authority to the Judiciary.

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▪

Other Stipends: Stipends for any other activity will be set by the OBC in the resolution setting

stipend amounts. Examples of such activities include Pow-wow Committee working at Powwows and Election Board conducting elections or conducting hand counts at GTC meetings [See

Boards, Committees and Commissions, 1 O.C. 105.13-7].

▪ Conferences and Training: Members will receive stipends for attending conferences and training.

Members will receive stipends for each full day of training required by law, bylaw or resolution.

Members will not receive stipends for travel days. In addition, members are eligible for per diem

per the Nation’s Travel and Expense policy. This is consistent with current law. This section

removes the $100 amount for the travel stipend. Instead, the amount of the stipend will be set by

the OBC by resolution [See Boards, Committees and Commissions, 1 O.C. 105.13-8].

L. Confidential Information. This law requires members to maintain confidentiality in all information

obtained through their position on the entity. Members cannot disclose confidential information

without the written authorization of the Oneida Business Committee. After leaving an entity, a

member must return all records. Members of an entity cannot use confidential information for

personal gain [See Boards, Committees and Commissions, 1 O.C. 105.14-1].

▪ Official Email Address. Members will now be provided an official email address for conducting

business of the entity. Members cannot use personal or work email to conduct the entity’s

business. Employees of the Nation will receive a separate email address. Members must follow

the Nation’s computer and media related policies and sign an acknowledgment form provided by

the Secretary. When a member leaves office, the Nation’s Secretary will direct MIS to disable the

email address [See Boards, Committees and Commissions, 1 O.C. 105.14-3].

M. Conflicts of Interest. This law requires members to adhere to the Nation’s policies regarding

conflicts of interest. It also requires members to disclose conflicts of interest as soon as they arise and

submit an updated conflict of interest disclosure form to the Nation’s Secretary on an annual basis

[See Boards, Committees and Commissions, 1 O.C. 105.15-2].

▪ Political Appointees. Political appointees are no longer allowed to serve on boards, committees or

commissions. There are currently ten political appointees in the organization: Chairperson’s

Assistant, Chairperson’s Policy Advisor, Vice Chair’s Assistant, Treasurer’s Assistant,

Secretary’s Assistant, and five Legislative Assistants [See Boards, Committees and Commissions,

1 O.C. 105.15-3].

▪ Deleted Sections. The current Comprehensive Policy includes a list of specifically prohibited

activities covered under “conflicts of interest.” This draft deletes this list of prohibited activities,

and instead, directs entities to follow the Nation’s laws and policies governing conflicts of

interest [see Comprehensive Policy on Boards, Committees and Commissions, 1 O.C. 105.13].

These laws include the Conflict of Interest Law and the Code of Ethics, which both apply to

members of boards, committees and commissions. Members must also follow any conflict of

interest provisions in their entity’s bylaws. The Conflict of Interest Law and Code of Ethics

provide broad guidelines, while the deleted Conflict of Interest sections in this law provided more

specific examples that fell within those guidelines.

N. Use of the Nation’s Assets. This law describes how entities will maintain bank accounts, execute and

record transactions, and use Generally Accepted Accounting Principles for the Nation’s funds. Any

evidence of noncompliance will be reported to the Internal Audit department [See Boards,

Committees and Commissions, 1 O.C. 105.16].

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O. Dissolution of an Entity. Entities can only be dissolved by GTC or OBC motion. A new requirement

was added that within 5 business days of dissolving an entity, OBC will provide the entity with a

written notice of the dissolution [See Boards, Committees and Commissions, 1 O.C. 105.17-2]. This

law specifies that chairpersons and secretaries of dissolved entities are responsible for closing out

business and forwarding records to the BC Support Office. The BC Support Office may use the

assistance of Records Management or any other appropriate department [See Boards, Committees and

Commissions, 1 O.C. 105.17-3].

P. Enforcement. Members who violate this law are subject to sanctions and penalties, removal pursuant

to the Removal law, or termination of appointment to an appointed entity. A provision regarding

disqualifying candidates for election was removed, because disqualification is addressed in the

Election law [See Boards, Committees and Commissions, 1 O.C. 105.18].

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SECTION 6. EFFECT ON EXISTING LEGISLATION

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SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Bylaws. The bylaws of every Board, Committee and Commission will need to be updated to conform

with the new bylaw requirements in this law [See Boards, Committees and Commissions, 1 O.C.

105.10-3].

B. References to the Other Laws of the Nation: The following laws of the Nation are referenced in this

law. This law does not conflict with any of the referenced laws.

▪ Election Law. The process for election of a member to an elected entity will be governed by the

Election Law [See Boards, Committees and Commissions, 1 O.C. 105.8-2].

▪ Removal Law. Removal of an official elected to an entity is governed by the Removal Law [See

Boards, Committees and Commissions, 1 O.C. 105.6-2(b)]. Members who violate this law may be

subject to Removal pursuant to the Removal Law [See Boards, Committees and Commissions, 1

O.C.105.17-1].

▪ Conflict of Interest Law. All members of an entity are required to follow the Nation’s laws

governing conflicts of interest [See Boards, Committees and Commissions, 1 O.C.105.15-1].

▪ Code of Ethics. All members of an entity are required to follow the Nation’s laws governing

conflicts of interest. The Code of Ethics also includes conflict of interest provisions [See Boards,

Committees and Commissions, 1 O.C. 105.15-1].

▪ Computer Resources Ordinance. Members of an entity must sign an acknowledgment form

indicating notice of the Nation’s applicable computer and media related laws [See Boards,

Committees and Commissions, 1 O.C. 105.14-3(b)].

▪ Social Media Policy. The bylaws of each entity must identify expectations for the use of social

media in regards to official business of the entity [See Boards, Committees and Commissions, 1

O.C. 105.10-3(d)(4)].

▪ Travel and Expense Policy. Members of an entity are eligible to be reimbursed for travel and per

diem to attend a conference or training in accordance with the Nation’s travel policies [See

Boards, Committees and Commissions, 1 O.C. 105.13-8].

▪ Oneida Nation Gaming Ordinance. Compensation of Gaming Commissioners is not subject to

the this law [see Oneida Nation Gaming Ordinance, 5 O.C. 501.6-1].

A. Right to Appeal Termination of Appointment. After the OBC terminates an appointment, the

termination is final and not subject to appeal. While appointed members have always served at the

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discretion of the Business Committee, for clarity, the law now specifically states that appeals are not

allowed. Note that this does not impact members who were elected to their positions, which is

governed by the Removal Law.

B. Political Appointees. This law bans political appointees, such as legislative assistants, from serving

on boards, committees and commissions. By accepting the position, political appointees will be

knowingly giving up the right to serve on an entity as a condition of their employment. Any

appointees currently serving on an entity will be allowed to finish their terms. [See Boards,

Committees and Commissions, 1 O.C. 105.15-3].

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SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

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SECTION 9. OTHER CONSIDERATIONS

A. Elected officials may be removed pursuant to the Removal Law and appointed officials may have

their appointments terminated by the Oneida Business Committee [See Boards, Committees and

Commissions, 1 O.C. 105.18-1(b-c)].

B. Any member of an entity who violates this law may be subject to sanctions and penalties. The LOC is

currently developing a Sanctions and Penalties law [See Boards, Committees and Commissions, 1

O.C. 105.18-1(a)].

C. Entities that fail to comply with reporting requirements in this law may have their stipends withheld

until reports are submitted [See Boards, Committees and Commissions, 1 O.C. 105.12-5].

The LOC may want to consider the following regarding implementation of this law:

A. Bylaws. Boards, Committees and Commissions have been unable to update their bylaws for the last

several years while this law has been on the LOC’s Active Files List. Upon adoption of this law, all

entities will need to update their bylaws to conform with the new standards [See Boards, Committees

and Commissions, 1 O.C. 105.10]. Entities will be expected to update their bylaws within a

reasonable time after adoption of this law, rather than a specific deadline. All bylaws must be

approved by the Oneida Business Committee. Entities, LOC and the BC should expect to begin

processing a large number of bylaws after passage. The LOC plans to assist entities with updating

their bylaws by offering training sessions, bylaw templates, and additional assistance from LRO staff.

B. Stipend Processing. This law places several new requirements and limitations on how and when

members may receive stipends. These new requirements will require enforcement. Enforcing these

new provisions will require reviewing bylaws, entity and OBC meeting minutes, Judiciary subpoenas

and other actions. Currently, stipend requests are sent directly to Accounting. The BC Support Office

is in the process of taking over this responsibility and is well suited to this role given their familiarity

with each of the boards. If possible, the BC Support Office should take over this role to coincide with

the implementation of this law.

C. Current Political Appointees. This law bans political appointees from serving on boards, committees

and commissions [See Boards, Committees and Commissions, 1 O.C. 105.15-3]. At the time this

analysis was drafted, two political appointees currently serve on an entity. Both serve on elected

entities. These two individuals, and any other political appointees who may be serving at the time this

law is adopted, will be permitted to serve out the remainder of their terms. This decision will be

included in the adopting resolution for this law. The OBC should also consider working with Oneida

Human Resources Dept. to update job descriptions for political appointees to include this ban.

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D. Audio Recording Requirement. This law adds a new requirement for all entities to audio record their

meetings. According to the BC Support Office, three entities currently audio record their meetings on

a regular basis. The BC Support Office has recording equipment available to assist entities. It may be

necessary for the BC Support Office to acquire additional audio recording equipment to implement

this provision. The LOC may want to consider delaying the implementation date of this requirement

in the adopting resolution to allow for any necessary planning, training or purchases.

E. Email Addresses for BCC Members. MIS, BC Support Office and Records Management have begun

work to develop a process to provide and manage email addresses for member entities. Based on MIS

research, the email address requirement will impact approximately 130 members. To allow for

necessary planning to implement protocols, set budgets, and secure licenses to set up new email

addresses, the LOC intends to delay implementation of the email requirement in the adopting

resolution.

F. Changes to Application Form. The following changes must be made to the application form for

boards, committees and commissions. The revised application forms must be approved by the

Business Committee [see Boards, Committees and Commissions, 1 O.C. 105.5-1].

▪ Add a statement to the application form explaining the attendance requirements of section

105.11-3

▪ Create an additional Background Investigation Application Form, to include social security

number and any other information needed to conduct a background investigation. This form will

only be provided to applicants applying to entities that require a background check. This includes

the Gaming Commission and Police Commission.

G. New Forms and Standard Operating Procedures:

▪ Computer Resource Acknowledgment Form. The Secretary must provide an acknowledgment

form to be signed by each member upon receiving an email address. The Nation’s Secretary and

BC Support Office may want to consult with MIS regarding existing standard forms that could be

used [see Boards, Committees and Commissions 1 O.C. 105.14-3(b)].

▪ Disabling Email Addresses. The Secretary must direct MIS to disable the email address for

members that leave office. The Nation’s Secretary and BC Support Office may want to develop

an SOP for this process [see Boards, Committees and Commissions 1 O.C. 105.14-3(d)].

▪ SOP for Background Check Application Forms. Given the sensitive information on the new

background check application forms, the Nation’s Secretary and BC Support Office may want to

create an SOP for how these forms will be securely stored and processed, if such an SOP does not

already exist.

The following is provided for information:

H. Current Stipends. Under this law, stipend amounts will be set by Business Committee resolution

[see Boards, Committees and Commissions 1 O.C. 105.13-2]. The OBC will periodically review and

adjust these stipend amounts. Below is a depiction of current stipend amounts at the time this

analysis was drafted. Whether to maintain or adjust the current stipend amounts a policy decision.

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Chart 4. Current Meeting Stipends for Appointed Boards.

NO STIPEND

▪ Oneida Nation Arts Board

$50 PER MEETING

▪ Anna John Resident Centered Care Community Board (AJRCC)

▪ Environmental Resource Board (ERB)

▪ Oneida Community Library Board

▪ Oneida Police Commission

▪ Oneida Pow-wow Committee

▪ Oneida Nation Veterans Affairs Committee (ONVAC)

▪ Pardon and Screening Forgiveness Committee

▪ Personnel Selection Committee*

$75 PER MEETING

▪ Southeastern WI Oneida Tribal Services Advisory Board (SEOTS)

Source: 2018 Semi-Annual Report to General Tribal Council

*Note – On August 27, 2018, GTC rescinded the dissolution of the Personnel Commission.

Chart 5. Current Meeting Stipends for Elected Boards.

$50 PER MEETING

▪ Land Commission

▪ Land Claims Commission

$75 PER MEETING

▪ Oneida Nation Commission on Aging (ONCOA)

▪ Oneida Nation School Board

$100 PER MEETING FOR CHAIR, $75 PER MEETING FOR MEMBERS

▪ Trust Enrollment Committee

$100 PER MEETING

▪ Oneida Election Board0 PER MEETING

FULL TIME SALARY – NO MEETING STIPENDS

▪ Oneida Gaming Commission*

o Gaming Commissioners are full-time officials. Compensation of Gaming

Commissioners is not subject to the Comprehensive Policy on Boards,

Committees and Commissions [see Oneida Nation Gaming Ordinance 5 O.C.

501.6-11].

o “Pro-Tem” Commissioners, appointed as needed to participate in hearings when

full-time commissioners recuse themselves, receive $150 per hearing.

Source: 2018 Semi-Annual Report to General Tribal Council.

▪

Summary of Current Meeting Stipends. Currently, there are variations in stipends from board to

board based on BC and entity actions over the years.

o Appointed. Members of appointed entities receive $50 per meeting, with the exception of

SEOTS, which reports that it receives $75 per meeting, and Oneida Arts Board, which is a

volunteer board that does not accept stipends.

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Elected. Members of elected entities receive between $50 to $100 per meeting. An exception

is the Oneida Gaming Commission, whose members receive a full-time salary.

▪ Hearing Stipends. Entities with hearing body authority receive stipends for conducting hearings.

Hearing stipend amounts are typically the same as meeting stipends.

▪ Conferences and Training Stipends. Members currently receive a $100 stipend for each full day

spent attending a conference or training, not including travel days.

▪ Other Stipends. In addition, certain entities receive stipends for other activities:

o Oneida Election Board members receive $10 per hour for conducting elections and caucuses.

They also receive a $100 stipend for conducting hand counts at General Tribal Council

meetings.

o Oneida Pow-wow Committee members receive $25 per hour, not to exceed $200 per day, for

planning, preparation and working Oneida Pow-wows.

I. Proposed Stipend Amounts. At the time this analysis was drafted, the LOC intends to propose an

increase in stipend amounts for boards, committees and commissions. Below are the stipend amounts

that the LOC proposes to set by resolution upon adoption of this law. For additional information, see

the proposed stipend resolution included in the adoption materials for this law.

Chart 6. Proposed Meeting Stipends for Appointed Boards.

Appointed Entity

Current Stipend Amount

Oneida Nation Arts Board

None

Anna John Resident Centered $50 per meeting

Care

Community

Board

(AJRCC)

Oneida Community Library $50 per meeting

Board

Environmental Resource Board $50 per meeting

Proposed Stipend Amount

$75 per meeting

Oneida Nation Veterans Affairs

Committee (ONVAC)

$50 per meeting

$75 per meeting

Personnel

Selection $50 per meeting

$75 per meeting

Committee*

Oneida Police Commission

$50 per meeting

$75 per meeting

Oneida Pow-wow Committee

$50 per meeting

$75 per meeting

Pardon

and

Forgiveness $50 per meeting

$75 per meeting

Screening Committee

Southeastern Oneida Tribal $75 per meeting

$75 per meeting

Services

Advisory

Board

(SEOTS)

▪ The LOC proposes to increase stipend amounts for appointed boards to $75 per meeting.

Appointed boards are limited to one meeting stipend per month.

▪ For more information regarding proposed stipends, see proposed stipend resolution in the

adoption materials for this law.

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Chart 7. Proposed Meeting Stipends for Elected Boards.

Elected Entity

Current Stipend Amount

Proposed Stipend Amount

Land Commission

$50 per meeting

$100 per meeting

Land Claims Commission

$50 per meeting

$100 per meeting

Oneida Nation Commission on $75 per meeting

$100 per meeting

Aging (ONCOA)

Oneida Nation School Board

$75 per meeting

$100 per meeting

Trust Enrollment Committee

$100 per meeting for $100 per meeting (all members)

chairperson, $75 per meeting

for members

Oneida Election Board

$100 per meeting

▪ The LOC proposes to increase stipend amounts for elected boards to $100 per meeting.

▪ Upon adoption of this law, elected boards will be limited to two meeting stipends per month,

regardless of the number of meetings held.

▪ Compensation of Oneida Gaming Commissioners is not subject to the Comprehensive Policy

on Boards Committees and Commissions [see Oneida Nation Gaming Ordinance, 5 O.C.

501.6-11].

▪ For more information regarding proposed stipends, see proposed stipend resolution in the

adoption materials for this law.

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J. Sanctions and Penalties. This law references sanctions and penalties. The Legislative Operating

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Committee (LOC) is currently drafting a Sanctions and Penalties Law to increase accountability

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among elected and appointed officials of the Nation. Currently, the only reprimand available for a

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violation of this law is termination of appointment for appointed members, removal of elected

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members, and in certain instances, withholding stipends. However, there may be instances of

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misconduct that do not rise to the level of removal. In these cases, other sanctions such as verbal

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warnings, written warnings, suspension or fines may be more appropriate. The proposed Sanctions

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and Penalties law will create a formal complaint process and allow for corrective actions against

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officials who violate laws, bylaws and SOPs of the Nation. At the time this analysis was drafted, the

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LOC intends to present a Sanctions and Penalties Law to GTC for consideration once the draft is

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complete and all legislative requirements are met. [See Boards, Committees and Commissions, 1 O.C.

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105.18-1(a)].

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K. Please refer to the fiscal impact statement for any fiscal impacts.

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Title 1. Government and Finances – Chapter 105

COMPREHENSIVE POLICY GOVERNING BOARDS, COMMITTEES AND

COMMISSIONS

Laotiyanl<hsla>sh&ha k<tyohkway<=t&=se>

Their laws

of the groups we have

105.1. Purpose and Policy

105.2. Adoption, Amendment, Repeal

105.3. Definitions

105.4. Creation of an EntityApplications

105.5. Applications

105.6. Vacancies

105.6. Appointed Positions

105.7. Elected PositionsAppointment to an Entity

105.8. By-Laws of Boards, Committees and CommissionsElection

to an Entity

105.9. MinutesOath of Office

105.10. Dissolution of EntitiesBylaws

105.11 Electronic Polling

105.12. Reporting Requirements

105.13. Stipends, Reimbursement and Compensation for Services

105.1214. Confidential Information

105.13.15. Conflicts of Interest

105.16. Use of the Nation’s Assets

105.17. Dissolution of an Entity

105.18. Enforcement

105.1. Purpose and Policy

105.1-1. It is the purpose of this policylaw to govern boards, committees, and commissions of

the standard Nation, including the procedures regarding the appointment and election of persons

to boards, committees and commissions, creation of by-lawsbylaws, maintenance of official

records, compensation, and other items related to boards, committees and commissions. This

policy

(a) This law shall not apply to the Oneida Business Committee, or Standing Committees

of the Oneida Business Committee.

(b) This law does not apply to Tribal corporations due to the corporate structure and

autonomy of those entities.

105.1-2. It is the policy of the Nation to have consistent and standard procedures for choosing

and appointing or electing the most qualified persons to boards, committees and commissions,

for creation of by-lawsbylaws governing boards committees and commissions, and for the

maintenance of information created by and for boards, committees and commissions.

105.2. Adoption, Amendment, Repeal

105.2-1. This policylaw was adopted by the Oneida Business Committee by resolution # BC505-14-97-F and amended by resolutions # BC-09-27-06-E and #, BC-09-22-10-C., and BC__-__-__-__.

105.2-2. This policylaw may be amended pursuant to the procedures set out in the Oneida

Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida

General Tribal Council, regardless of where the original adoption took place pursuant to the

procedures set out in the Legislative Procedures Act.

105.2-3. Should a provision of this policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this

policylaw which are considered to have legal force without the invalid portions.

105.2-4. Any policy, regulation, rule, resolution or motion, or portion thereof, which directly

conflicts with the provisions of this policy is hereby repealed to the extent that it is inconsistent

with or is contrary to this policy. Provided that meeting stipends for elected members of a

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board, committee or commission that are in effect on [adoption date of the amendments] shall

remain unaffected, but prior exceptions to this policy for appointed entities shall be repealed to

extent that meeting stipends are inconsistent with this policy.

105.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

105.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

105.3. Definitions

105.3-1. This section shall govern the definitions of words and phrases as used hereinwithin

this law. All words not defined herein shall be used in their ordinary and everyday sense.

(a(a) "Application" means the form by which a person seeks to be appointed to fill a

vacancy on an entity.

(b) "Appointment" means the process by which a person is chosen to fill a vacancy on

an entity by the Oneida Business Committee.

excluding holidays recognized by the Nation.

(d) “Bylaws” means a document which provides a framework for the operation and

management of a board, committee, or commission of the Nation chiefly for the

government of its members and the regulation of its affairs.

(e) “Conference” means any training, seminar, meeting, or other assembly of persons

which is not an assembly of the entity.

(f) “Confidential information” means all information or data, whether printed, written,

or oral, concerning business or customers of the Nation, disclosed to, acquired by, or

generated by a member of an entity in confidence at any time during their elected or

appointed term or during their employment.

(g) “Conflict of interest” means any interest, real or apparent, whether it be personal,

financial, political, or otherwise, in which an elected official, officer, political appointee,

employee, contractor, or appointed or elected member, or their immediate family

members, friends or associates, or any other person with whom they have contact, have

that conflicts with any right of the Nation to property, information, or any other right to

own and operate activities free from undisclosed competition or other violation of such

rights of the Nation. In addition, conflict of interest also means any financial or familial

interest an elected official, officer, political appointee, employee, contractor, or

appointed or elected member or their immediate family members may have in any

transaction between the Nation and an outside party.

(h) "Entity" means a board, committee or commission created by the General Tribal

Council or the Oneida Business Committee whose members are appointed by the Oneida

Business Committee or elected by the General Tribal CouncilNation’s membership.

(b) "Vacancy"i) “E-poll” means any positionan electronic poll, which is the act of

delivering an e-mail to all members of an entity, in order to seek a response which

identifies a vote in favor of, opposing, or abstaining to an issue requiring approval by the

entity.

(j) “Joint meeting” means a meeting with the Oneida Business Committee.

(k) “Nation” means the Oneida Nation.

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(l) Per Diem means the payment made by the Nation to offset the costs of being on

anytravel on behalf of the Oneida Nation.

(m) “Political appointee” means a person appointed by a member of the Oneida

Business Committee to provide assistance with the Oneida Business Committee

member’s daily activities and operations.

(n) “Prohibited drugs” means marijuana, cocaine, opiates, amphetamines, phencyclidine

(PCP), hallucinogens, methaqualone, barbiturates, narcotics, and any other substance

included in Schedules I through V, as defined by Section 812 of Title 21 of the United

States Code. This also includes prescription medication or over-the-counter medicine

used in an unauthorized or unlawful manner.

(o) Stipend means the amount paid by the Oneida Nation to a person serving on a

board, committee, or commission caused by resignation, end of term, removal,

termination, or creation of a new position.of the Nation in order to compensate the

individual for his or her contribution of time, effort, and work for his or her board,

committee, or commission for the betterment of the Nation.

vacancy.

(d) "Appointment" means the process by which a person is chosen to fill a vacancy.

(e(p) “Subcommittee” means a subgroup of an entity; which is comprised of fewer than

all members of the entity; which is designated one (1) or more specific responsibilities

on behalf of the entity.

(q) “Substantiated complaint” means a complaint or allegation in a complaint that was

found to be valid by clear and convincing evidence.

(r) "Task Force or Ad Hoc" means a group of persons gathered to pursue a single goal,

the accomplishment of which means the disbanding of the group. The goal is generally

accomplished in a short time period, i.e. less than one year, but the goal itself may be

long-term.

(f)

Conference s) "Vacancy" means any training, seminar, meeting, or other

assemblyposition on any board, committee or commission caused by resignation, end of

persons which is not term, removal, termination, or creation of a new position.

105.4. Creation of an assemblyEntity

105.4-1. An entity of the entity.Nation shall be created by a resolution or law adopted by the

Oneida Business Committee or General Tribal Council.

(g) Per Diem means the payment made by 105.4-2. The law or resolution establishing

the Tribe to offsetentity shall state the costs of being out-of-town or to travel on

behalfpurpose of the Oneida Tribe of Indians of Wisconsin.

(h) Stipend means that amount paid by entity and all powers and responsibilities delegated to

the entity.

105.4-3. The Oneida Business Committee shall be responsible for drafting the initial bylaws of

the entity.

105.5. Applications

105.5-1. The Oneida Tribe of Indians of Wisconsin to persons serving on boards,

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committees and commissions of the Oneida Tribe of Indians of Wisconsin to offset the

expenses of being a member on the board, committee or commission.

(i) Official means any person appointed or elected to membershipBusiness Committee

shall approve all applications to serve on an entity of the Oneida Tribe.

105.4Nation.. Applications

105.4-1. All applicationsapplication materials shall be generated byavailable in the Tribal

Secretary'sBusiness Committee Support Office and approvedany other location specified by the

Oneida Business Committee Support Office.

105.4-2. The content of(a) All applications shall be as followsinclude:

(a) questions designed to obtain the following information

(1) name

(2) address

(3) phone number

(4) enrollment number

(5) position applied for

(b) applications may contain any other questions necessary to obtain information

necessary to making an informed decision as to the qualifications of any individual to

hold any vacancy.

placed in the Tribal Secretary's Office and other locations specified by the Tribal

Secretary's Office.

(1) a statement explaining the attendance requirements of section 105.12-3; and

(2) a section regarding disclosures of conflicts of interest.

(b) An additional application form shall be required for those entities that require a

background investigation. This background investigation application shall include the

applicant’s social security number and any other information required for a background

investigation. The background investigation application shall be solely used for the

background investigation and not included in the application materials that are then

shared with the Oneida Business Committee, entity, and/or the Election Board.

105.5-2. 105.4-3. Applications shall be filed with the Tribal Secretary's officeBusiness

Committee Support Office by 4:30 p.m. of the deadline date. Postmarked envelopes are

accepted as filed if postmarked by the deadline date and received by the Tribal Secretary's

Office within five (5) business days of the deadline. At the completion of the posted deadline

for filing applications the Tribal Secretary shall notify by postcard all persons who have filed an

application of the date the application was filed and whether it will be considered for the

election or appointment. A tentative date for appointment will be placed on the post card with

the instruction that this is a tentative date and further information can be requested by calling

the Tribal Secretary s Office. Postcard information should be in substantially similar format as

that in Figure 1.Business Committee Support Office within five (5) business days of the

deadline.

Your application was received on:

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Tentative date for appointment or election:

You application  is  is not being considered.

For more information, call the Tribal Secretary s Office at 8692214.

105.105.5-3. Eight (8) days after the posted deadline for filing applications the Business

Committee Support Office shall notify all persons who have filed an application of the date his

or her application was received and if his or her application met the deadline to be considered

for the election or appointment.

105.5-4-4. Applications for elected positions shall be verified according to the Oneida Election

Ordinance.Nation’s laws and/or policies governing elections. Applications for appointed

positions shall be verified by the Tribal Secretary sBusiness Committee Support Office as

needed or as required in the by-lawsbylaws of the entity.

105.4-5-5. Insufficient Applicants. In the event that there are an insufficient number of

applicants after the deadline date has passed for appointed positions, the Tribal

ChairpersonOneida Business Committee may elect to:

(a) Includeinclude within the pool of appointed persons late applications, or

(b) Repostrepost for an additional time period. In the event of reposting, prior

applicants will be considered to have filed applications within the deadline period.

105.56. Vacancies

105.5-1. This section shall govern when vacancies occur, and where and when notice of the

vacancies shall be posted.

105.5-2. The following vacancies shall be effective as listed herein.

105.6-1. The manner by which an individual fills a vacancy, either through election or

appointment, shall determine that member’s status as an appointed or elected official, despite

the entity’s classification as an appointed or elected entity pursuant to the entity’s bylaws.

105.6-2. A position on an entity shall be considered vacant in the following situations:

(a) End of Term. A vacancy is effective as of 4:30 p.m. of the last day of the month in

which the term ends as of the by-laws of the entity.

(1) Although a position is considered vacant once the term ends, the member of

the entity may remain in office until the member’s successor has been sworn in

by the Oneida Business Committee in an effort to prevent a discontinuation of

business or a loss of quorum for the entity.

(b) Removal. Removal is effective, under adoptedpursuant to any law and approved

procedures of the entity, when the final action has taken place. Where a final action is

defined as/or policy of the Nation regarding removal.

(1) failure to file a timely appeal,

(2) denial of appeal, or

(3) final written opinion is filed.

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majority vote of the Oneida Business Committee in favor of a member’s termination of

appointment.

(d) Resignation. A resignation is effective upon:

(1) Deliverance of a letter to the entity, orBusiness Committee Support Office

and to the Chairperson of the entity, or designee; or

(2) Acceptance by motion of the entity of a verbal resignation.

(de) New Positions. Vacancies on new entities are effective upon adoption of bylawsbylaws.

105.6-3. (e) Interim Positions. Vacancies of interim positions are effective upon

creation of interim positions byAn entity shall notify the Oneida Business Committee

Support Office as soon as the entity learns that a position has or General Tribal Council.

105.5-3.will become vacant. All notices of vacancy shall be sent to the entities for clarification

or confirmation prior to notification to the Oneida Business Committee. The following

guidelines are minimum notice requirements:

(a) End of Term. Entity should be notified 60 days prior to end of term by the Tribal

Secretary.

(b) Removal or Resignation. Entity should be notified as soon as final action is taken

by the Oneida Business Committee or General Tribal Council to accept the resignation,

or final action according to any Removal law of the Tribe.

105.56-4. Notice of vacancies shall be by the Tribal Secretary's Office in the following

locations:

(a) Tribal Secretary's Office

(b)

The Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida

Community Health Center, the South Eastern Wisconsin Oneida Tribal Services

(SEOTS) building and the Highway 54 and E &EE Oneida One Stops.

(d) Minutes of the Oneida Business Committee, and

(e) Any reasonable location requested by the entity.

105.5-5. The Tribal Secretary's Support Office shall forward the notice of vacancy to the

Oneida Secretary. The Secretary shall request and receive approval from the Oneida Business

Committee to post the notice of vacancy. The Business Committee for approval and direction

to post notice as set out in this section. The Tribal Secretary shall Support Office shall post

notice of vacancies at the following times:

(a) End of Term. (a) End of Term. Automatically thirtysixty (60) days prior to

completion of the term.

(b) Removal. Upon notice by Secretary, or other person authorized byNo later than the

by-lawsnext Oneida Business Committee meeting following the effective date of the

entity, to the Tribal Secretary's Office.removal.

bynext Oneida Business Committee meeting following the by-lawsBusiness Committee

Support Office’s receipt of notice of an effective resignation from the entity, to the

Tribal Secretary's Office.

(d) New Positions. Upon one of the following conditions:

(1) if not specified, immediately upon creation of entity or adoption of by1 O.C. 105 – Page 6

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lawsbylaws, whichever is later, or

(2) upon date specified when creating the entity.

(e) Interim Members. Upon one of the following:

(1) upon completion of the term designated to hold in new entity, or

(2) upon completion of vacant term of the pre-existing entity

(f) Termination of appointment. AtNo later than the next Oneida Business Committee

meeting following the effective date of the termination of appointment. .

105.6. Appointed Positions

105.6-1. All appointments-5. Notice of vacancies shall be madeposted by the Business

Committee Support Office in all official media outlets of the Nation, as determined by the

Oneida Business Committee at regular or special Oneida Business Committee meetings.

Provided that, no applicant may be appointed who fails to meet, as well as any other location

deemed appropriate by the requirements set out in the entity's by-lawsSecretary.

105.7. Appointment to an Entity

105.6-2.7-1. Appointment Selection. The following procedures shall be used to determine who

shall behow the applicant for an appointed: position is selected:

(a) Five (5Eight (8) business days after close of notice,the posted deadline for

submitting an application, or within twenty-one (21) days of the posted deadline if the

entity requires a background investigation to be completed as part of the application

process, the Business Committee Support Office shall:

(1) deliver all applications shall be delivered to the Tribal Chairperson, along

with a summary of qualifications to hold office., and the results of the

background investigation if required, to each member of the Oneida Business

Committee as well as the entity’s Chairperson; and

(b) Within a reasonable time, the Tribal Chairperson shall:

(2) place the appointment for the entity on the next executive session portion of

the agenda of a regular or special Oneida Business Committee meeting in which

the appointment is intended to be made.

(b) Each member of the Oneida Business Committee shall review the application

materials prior to executive session and be prepared to discuss and select an applicant

for appointment.

(1) The entity’s Chairperson may have until the executive session to review the

application materials and provide the Oneida Business Committee a

recommendation of an applicant for appointment.

merits and qualifications of the potential applicants, and any recommendation made by

the Chairperson of the entity, during executive session. After completing a thorough

discussion, the Oneida Business Committee shall:

(1) choose an applicant for appointment, or

(2) ask the Tribal Secretary's Office Oneida Nation’s Secretary to re-notice the

vacancy because of ineligible, unqualified, or under qualified applicants.

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(1) Council members may accept the Tribal Chairperson's selected applicants, or

(2) Reject an applicant (d) All appointments shall be made by majority vote the

Oneida Business Committee during the open session of a quorum at any regular or

special Oneida Business Committee meeting. The Oneida Business Committee shall not

appoint an applicant who fails to meet the requirements set out in the entity's bylaws.

(e) During the open session of the 105.6-3. All appointments are official upon taking an

oath at a regular or special Oneida Business Committee meeting and all rights and

delegated authorities of membership in the entity shall vest upon taking the oath. The

Tribal Secretary shall notify the chosen persons when they should appear for taking the

oath., a member of the Oneida Business Committee may make a motion to appoint an

individual. Oneida Business Committee members may:

(a) Originals(1) accept the selected applicant and vote to appoint the individual

to the vacant position, or

(2) reject the selected applicant and vote to oppose the appointment of the

signed oath shall be maintainedindividual.

(f) If the Oneida Business Committee rejects the selected applicant, the matter will be

deferred to the next Oneida Business Committee meeting where another applicant may

be recommended by the Tribal Secretary's Office.Oneida Business Committee, or the

Oneida Business Committee may direct the vacancy to be re-posted. When a vacancy is

re-posted under this section, all applications from the first posting shall be considered to

have been filed within the deadline period.

(b) Copies105.7-2. Notification of the oath shall be forwarded to the new member and

the entity.

selected for appointment at an Oneida Business Committee and kept on file by the Tribal

Secretary's Office.

(1) The following oath is the standard oath to be used unless a specific oath for

the entity is pre-approved by the Oneida Business Committee:

I, name, do hereby promise to uphold the laws and regulations of the Oneida Tribe

of Indians of Wisconsin, the General Tribal Council, and the Tribal Constitution. I will perform

my duties to the best of my ability and on behalf of the Oneida people with honor, respect,

dignity, and sincerity and with the strictest confidentiality.

I will carry out the duties and responsibilities as a member of the entity name, and

all recommendations shall be made in the best interest of the Oneida Tribe as a whole.

(d) Revisions of oaths shall be approved by the Oneida Business C

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