# Oneida Business Committee (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A437772e4dc5c86d2 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 235 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. MINUTES V. A. Approve September 12, 2018, regular meeting minutes Sponsor: Lisa Summers, Secretary B. Approve September 18, 2018, special meeting minutes Sponsor: Lisa Summers, Secretary RESOLUTIONS A. Adopt resolution entitled Adoption of the Community Development Planning Committee Charter Sponsor: Ernie Stevens III, Councilman B. Adopt resolution entitled 2018 Intertribal Buffalo Council, Buffalo Herd Development Grant Sponsor: Larry Barton, Chief Financial Officer C. Adopt resolution entitled Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 4 September 26, 2018 Public Packet VI. 2 of 235 D. Adopt resolution entitled Boards, Committees, and Commissions Law Stipends Sponsor: David P. Jordan, Councilman E. Adopt resolution entitled Oneida Nation’s Support of Public Breastfeeding Sponsor: Debra Danforth and Dr. Ravinder Vir, Division Directors/Comprehensive HealthOperations and Medical F. Determine next steps regarding proposed resolution entitled Action by Oneida Nation as Owner of Corporate Shares Sponsor: Jo Anne House, Chief Counsel G. 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 A. B. C. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept August 2, 2018, Community Development Planning Committee meeting minutes Sponsor: Ernie Stevens III, Councilman 2. 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 1. Approve September 17, 2018, Finance Committee meeting minutes Sponsor: Trish King, Treasurer 2. Approve updated Finance Committee policy entitled Donation Policy Sponsor: Trish King, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept September 5, 2018, Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept Children’s Code Implementation quarterly update Sponsor: David P. Jordan, Councilman 3. Determine next steps regarding Oneida Personnel Commission bylaws Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 2 of 4 September 26, 2018 Public Packet VII. 3 of 235 UNFINISHED BUSINESS A. VIII. IX. TRAVEL REPORTS A. Approve travel report – Councilman Daniel Guzman King – Oneida Language Conference – Oneidatown, ON, Canada – June 3-6, 2018 Sponsor: Daniel Guzman King, Councilman B. 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 C. 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 A. X. 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 A. Determine next steps regarding Petitioner Gladys Dallas – $5,000 payment within 90 days Sponsor: Lisa Summers, Secretary B. Approve notice and materials for October 28, 2018, tentatively scheduled special General Tribal Council meeting Sponsor: Lisa Summers, Secretary EXECUTIVE SESSION A. REPORTS 1. Accept Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept Intergovernmental Affairs & Communications September 2018 report (9:00 a.m.) Sponsor: Melinda J. Danforth, Director/Intergovermental Affairs Oneida Business Committee Regular Meeting Agenda Page 3 of 4 September 26, 2018 Public Packet 4 of 235 B. STANDING ITEMS 1. ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF ASSOCIATION a. 2. SERVICE ELIGIBILITY SUB-COMMITTEE a. C. D. E. Accept Service Eligibility Sub-Committee August 2018 update Sponsor: Brandon Stevens, Vice-Chairman; Lisa Summers, Secretary; Kirby Metoxen, Councilman AUDIT COMMITTEE 1. Accept July 12, 2018, Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept Craps rule of play compliance audit and lift confidentiality requirement Sponsor: David P. Jordan, Councilman 3. Accept Pari-mutuel wagering and rules of play compliance audit and lift confidentiality requirement Sponsor: David P. Jordan, Councilman UNFINISHED BUSINESS 1. File # ED18-005 - Accept update Sponsor: Ernie Stevens III, Councilman 2. File # ED18-120 - Support continuing work Sponsor: Ernie Stevens III, Councilman NEW BUSINESS 1. 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 Page 4 of 4 September 26, 2018 Public Packet 5 of 235 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 3. 2. 4. 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 6 of 235 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; I. 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 Page 1 of 20 September 12, 2018 Public Packet 7 of 235 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. A. Oneida Election Board - Shannon Metoxen, Melinda K. Danforth, and Jennifer L. Hill Sponsor: Lisa Summers, Secretary B. Oneida Gaming Commission - Mark A. Powless Sponsor: Lisa Summers, Secretary C. Oneida Land Claims Commission - Donald D. McLester and Dakota Webster Sponsor: Lisa Summers, Secretary D. Oneida Land Commission - Sherrole Benton, Mike Mousseau, and Donald D. McLester Sponsor: Lisa Summers, Secretary E. Oneida Nation Commission on Aging - Pat Lassila and Lois J. Powless Sponsor: Lisa Summers, Secretary F. Oneida Nation School Board - Lisa Liggins, Tracey L. Metoxen, and Melinda K. Danforth Sponsor: Lisa Summers, Secretary G. Oneida Trust Enrollment Committee - Debra J. Danforth, Lisa Liggins, and Geraldine Danforth Sponsor: Lisa Summers, Secretary Oneida Business Committee Regular Meeting Minutes Page 2 of 20 September 12, 2018 Public Packet 8 of 235 DRAFT V. MINUTES A. 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 B. 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 C. 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 D. 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 A. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 20 September 12, 2018 Public Packet 9 of 235 DRAFT B. 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 A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. 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 B. FINANCE COMMITTEE 1. 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 C. LEGISLATIVE OPERATING COMMITTEE 1. 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 D. QUALITY OF LIFE COMMITTEE (No Requested Action) Oneida Business Committee Regular Meeting Minutes Page 4 of 20 September 12, 2018 Public Packet 10 of 235 DRAFT VIII. TABLED BUSINESS A. 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 B. 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 A. 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 Regular Meeting Minutes Page 5 of 20 September 12, 2018 Public Packet 11 of 235 DRAFT B. 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 C. 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. D. 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 E. 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 20 September 12, 2018 Public Packet 12 of 235 DRAFT F. 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. G. 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 H. 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 I. 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 Regular Meeting Minutes Page 7 of 20 September 12, 2018 Public Packet 13 of 235 DRAFT J. 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 K. 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 L. 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 M. 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 Oneida Business Committee Regular Meeting Minutes Page 8 of 20 September 12, 2018 Public Packet 14 of 235 DRAFT N. 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 O. 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 P. 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 Q. 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 R. 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 S. 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 T. 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 U. 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 16 of 235 DRAFT V. 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. W. 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 X. 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 Y. 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 Z. 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 18 of 235 DRAFT X. TRAVEL REQUESTS A. 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 B. 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. C. 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 19 of 235 DRAFT D. 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 E. 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 A. 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 B. 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 20 of 235 DRAFT Daniel Guzman King returned at 10:53 a.m. XII. GENERAL TRIBAL COUNCIL A. 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 B. 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 C. 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 D. 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 E. 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 F. 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 22 of 235 DRAFT XIII. EXECUTIVE SESSION A. REPORTS 1. 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 B. STANDING ITEMS 1. LAND CLAIMS STRATEGY (No Requested Action) 2. ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF ASSOCIATION (No Requested Action) 3. LAND MORTGAGE FUNDS (No Requested Action) 4. SERVICE ELIGIBILITY SUB-COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 17 of 20 September 12, 2018 Public Packet 23 of 235 DRAFT a. 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 C. AUDIT COMMITTEE 1. 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 D. TABLED BUSINESS (No Requested Action) E. UNFINISHED BUSINESS (No Requested Action) F. NEW BUSINESS 1. 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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 25 of 235 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 3. 2. 4. 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 27 of 235 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; I. 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. A. Oneida Election Board - Vicki Cornelius Sponsor: Lisa Summers, Secretary B. Oneida Land Commission - Michael Mousseau Sponsor: Lisa Summers, Secretary C. 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 28 of 235 DRAFT D. V. 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 Page 2 of 2 September 18, 2018 Public Packet 29 of 235 Oneida Business Committee Agenda Request Adopt resolution entitled Adoption of the Community Development Planning Committee Charter 1. Meeting Date Requested: 9 / 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 4. 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. Page 1 of 2 Unbudgeted Public Packet 30 of 235 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". Public Packet 31 of 235 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. Public Packet 32 of 235 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. Page 1 of 1 Public Packet 33 of 235 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. 1|Page Public Packet 34 of 235 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. 2|Page Public Packet 35 of 235 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. i 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. ii 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. iv 11/9/2011 BC Meeting: Motion to approve CDPC Quorum Change from 5 BC members to 3 BC members. 3|Page Public Packet 36 of 235 Public Packet 37 of 235 Public Packet 38 of 235 Public Packet 39 of 235 Public Packet 40 of 235 Public Packet 41 of 235 Public Packet 42 of 235 Public Packet 43 of 235 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 3. 2. Oneida Concept Letter 4. 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. Page 1 of 2 Public Packet 44 of 235 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 Public Packet 45 of 235 Public Packet 46 of 235 Public Packet 47 of 235 Public Packet 48 of 235 Oneida Nation Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. Public Packet 49 of 235 Adopt resolution entitled Amendments to the Comprehensive Policy Governing Boards, Committees, a Public Packet 50 of 235 Public Packet 51 of 235 Public Packet 52 of 235 Public Packet 53 of 235 Public Packet 54 of 235 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 Public Packet 55 of 235 BC Resolution # _______ Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions Page 2 of 3 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 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. Public Packet 56 of 235 BC Resolution # _______ Amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions Page 3 of 3 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 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. Public Packet 57 of 235 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]; Page 1 of 2 Public Packet ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ 58 of 235 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. Page 2 of 2 Public Packet 59 of 235 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 1 2 3 4 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. Page 1 of 15 Public Packet 60 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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). Page 2 of 15 Public Packet 61 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 SECTION 4. PROCESS 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 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. Page 3 of 15 Public Packet 62 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 ▪ 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 Page 4 of 15 Public Packet 63 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 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 APPOINTMENT The Secretary will then notify the applicant [see Boards, PROCESS PROCESS Committees and Commissions, 1 O.C. 105.7-2]. ▪ Declining an Appointment. This new provision describes how an individual can decline their Applications 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 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 OBC votes on be nominated at a caucus or petition to be placed on the appointment 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. Page 5 of 15 Public Packet 64 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 ▪ 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)]. Page 6 of 15 Public Packet 65 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 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]. o Page 7 of 15 Public Packet 66 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 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. Page 8 of 15 Public Packet 67 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 ▪ 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]. Page 9 of 15 Public Packet 68 of 235 Analysis to OBC Consideration Draft (Draft 3) 2018 09 19 341 342 343 344 345 346 347 348 349 350 351 352 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]. 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 SECTION 6. EFFECT ON EXISTING LEGISLATION 382 383 384 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A437772e4dc5c86d2. Public record. Not legal advice.