Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, February 24, 2021

Microsoft Teams

Agenda

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

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to TribalSecretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

Approve the February 10, 2021, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

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RESOLUTIONS

Adopt resolution entitled Additional Emergency Amendments to the Oneida Higher

Education Pandemic Relief Fund Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled U.S. Department of Agriculture Food Distribution Program

on Indian Reservations Pilot Food Purchase Program Grant Application

Sponsor: Debbie Thundercloud, General Manager

Enter the e-poll results into the record regarding the adopted resolution 02-19-21-A

Adopt resolution entitled Authorizing the use of Self-Governance Carryover Funds

to Purchase Portable Radios for the Oneida Police Department

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the February 1, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

Accept the February 15, 2021, regular Finance Committee meeting minutes

Sponsor: Tina Danforth, Treasurer

LEGISLATIVE OPERATING COMMITTEE

QUALITY OF LIFE COMMITTEE

VII.

Accept the February 3, 2021, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the January 14, 2021, regular Quality of Life Committee meeting

minutes

Sponsor: Marie Summers, Councilwoman

NEW BUSINESS

Approve the Application for Elected Positions

Sponsor: Lisa Liggins, Secretary

Approve a limited waiver of sovereign immunity - Green Bay Metropolitan Sewerage

District Future Terminations of New Water Cost Share Agreement - file # 2021-0068

Sponsor: Debbie Thundercloud, General Manager

Approve the Outagamie County 1983 Wisconsin Act 161 agreement - file # 2021-0024

Sponsor: Debbie Thundercloud, General Manager

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REPORTS

OPERATIONAL (9:00 a.m.-10:30 a.m.)

Accept the Comprehensive Health Division FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Environmental, Health, Safety, Land and Agriculture Division FY2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Governmental Services Division FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Division of Public Works FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Management Information Systems FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Tribal Action Plan FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Big Bear Media FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Education and Training FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

Accept the Grants Office FY-2021 1st quarter report

Sponsor: Debbie Thundercloud, General Manager

APPOINTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Anna John Resident Centered Care Community Board FY-2021 1st

quarter report

Sponsor: Joshua Hicks, Interim Chair/Anna John Resident Centered Care

Community Board

Accept the Oneida Police Commission FY-2021 1st quarter report

Sponsor: Sandra Reveles, Chair/Oneida Police Commission

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ELECTED BOARDS, COMMITTEES, COMMISSIONS

Accept the Oneida Election Board FY-2021 1st quarter report

Sponsor: Candace House, Chair/Oneida Election Board

Accept the Oneida Gaming Commission FY-2021 1st quarter report

Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission

Accept the Oneida Land Commission FY-2021 1st quarter report

Sponsor: Becky Webster, Chair/Oneida Land Commission

Accept the Oneida Nation School Board FY-2021 1st quarter report

Sponsor: Aaron Manders, Chair/Oneida Nation School Board

Accept the Oneida Trust Enrollment Committee FY-2021 1st quarter report

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

STANDING COMMITTEES

Accept the Community Development Planning Committee FY-2021 1st quarter

report

Sponsor: Brandon Stevens, Vice-Chairman

Accept the Finance Committee FY-2021 1st quarter report

Sponsor: Tina Danforth, Treasurer

Accept the Legislative Operating Committee FY-2021 1st quarter report

Sponsor: David P. Jordan, Councilman

Accept the Quality of Life Committee FY-2021 1st quarter report

Sponsor: Marie Summers, Councilwoman

OTHER

Accept the Oneida Youth Leadership Institute Board FY-2021 1st quarter

report

Sponsor: Cheryl Stevens, Executive Manager

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EXECUTIVE SESSION

REPORTS

Accept the Joint Marketing FY-2021 1st quarter report (1:30 p.m.)

Sponsor: Eric McLester, Retail General Manager

Accept the Intergovernmental Affairs, Communications, and Self-Governance

February 2021 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Accept the Chief Financial Officer February 2021 report

Sponsor: Larry Barton, Chief Financial Officer

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the January 2021 Treasurer's report (11:00 a.m.)

Sponsor: Tina Danforth, Treasurer

AUDIT COMMITTEE

Sponsor:

Accept the Audit Committee FY-2021 1st quarter report

Sponsor: David P. Jordan, Councilman

Review request regarding audit # 368 and determine next steps

Sponsor: David P. Jordan, Councilman

UNFINISHED BUSINESS

Sponsor:

Determine next steps regarding the HRD realignment plan (2:00 p.m.)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

NEW BUSINESS

Sponsor:

Review the Gaming operations phase III re-opening plans (2:30 p.m.)

Sponsor: Louise Cornelius, Gaming General Manager

Approve 63 new enrollments

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

Consider the employment request - Oneida Trust Enrollment Department (3:00

p.m.)

Sponsor: Debbie Danforth, Chair/Oneida Trust Enrollment Committee

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Consider the employment request - Grants Office (3:30 p.m.)

Sponsor: Debbie Thundercloud, General Manager

Consider the employment request - Big Bear Media (3:45 p.m.)

Sponsor: Debbie Thundercloud, General Manager

Approve a limited waiver of sovereign immunity - Net Health Systems Inc.

Master Agreement - file # 2020-0440

Sponsor: Debbie Thundercloud, General Manager

Approve a limited waiver of sovereign immunity - Helix Innovations LLC. 2021

Retail Trade Program Agreement - file # TBD

Sponsor: Eric McLester, Retail General Manager

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

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Regular Meeting Agenda

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Approve the February 10, 2021, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

02/24/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, February 10, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Summers, Jennifer Webster;

Not Present: n/a

Arrived at: Secretary Lisa Liggins 8:36 a.m.;

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud (via Microsoft Teams1), Melinda J.

Danforth (via Microsoft Teams), Chad Wilson, Danelle Wilson (via Microsoft Teams), Clorissa Santiago,

Don Miller, Candice Skenandore (via Microsoft Teams), Louise Cornelius (via Microsoft Teams), Chad

Fuss (via Microsoft Teams), Lorna Skenandore (via Microsoft Teams), Melanie Burkhart (via Microsoft

Teams), Fawne Rasmussen (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Geraldine

Danforth (via Microsoft Teams), Eric McLester (via Microsoft Teams), Michele Doxtator (via Microsoft

Teams), Kaylynn Gresham (via Microsoft Teams);

CALL TO ORDER

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

II.

OPENING (00:00:17)

Opening provided by Chairman Tehassi Hill.

For the record: Secretary Lisa Liggins will be arriving late.

III.

ADOPT THE AGENDA (00:04:19)

Secretary Lisa Liggins arrived at 8:36 a.m.

Motion by Tina Danforth to adopt the agenda with one (1) addition [under Resolutions, add item V.G.

Adopt resolution entitled Updated Oneida Business Committee 2020-2023 Term Appointment of

Liaison Responsibilities for Organization], seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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IV.

MINUTES

Approve the January 27, 2021, regular Business Committee meeting minutes

(00:06:14)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the January 27, 2021, regular Business Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Marie Summers, Jennifer Webster

Abstain:

Kirby Metoxen

RESOLUTIONS

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until March 13, 2021 (00:06:47)

Sponsor: Tehassi Hill, Chairman

Motion by Jennifer Webster to adopt resolution 02-10-21-A Extension of Declaration of Public Health

State of Emergency Until March 13, 2021, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Adopt resolution entitled Emergency Amendments to the Oneida General Welfare

Law (00:07:19)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to adopt resolution 02-10-21-B Emergency Amendments to the Oneida General

Welfare Law with two (2) changes [1) in line16, correct date to March 13, 2021; and 2) in line 18, insert

the appropriate resolution number], seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Motion by Lisa Liggins to request the Legislative Operating Committee and Legislative Reference

Office to bring forward a BC SOP to an upcoming BC Work Session regarding how laws and

resolutions are submitted to the Business Committee in accordance with this resolution, seconded by

Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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Adopt resolution entitled Adoption of COVID Quarantine Assistance Program

(00:15:50)

Sponsor: David P. Jordan, Councilman

Motion by Tina Danforth to adopt resolution 02-10-21-C Adoption of the COVID Quarantine Assistance

Program with three (3) changes [1) in line 38, change "...adopts the Standard Operating Procedures

there of,..." to "...accepts the Standard Operating Procedures thereof, subject to revision,..."; 2) in line

56, change "...adopts its Standard Operating Procedures..." to "...accepts its Standard Operating

Procedures, subject to revision,..."; and 3) at the end of line 57, add "...to be effective today"],

seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

For the record: Secretary Lisa Liggins stated today in the discussion [of this item] the Business

Committee agreed that "subject to revision" means that the [responsible areas] may make changes to

the SOP without it coming back to the Business Committee.

Adopt resolution entitled 2020 Intertribal Buffalo Council, Buffalo Herd

Development Grant Application (00:42:55)

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to approve resolution 02-10-21-D 2020 Intertribal Buffalo Council, Buffalo

Herd Development Grant Application, seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Adopt resolution entitled Authorizing Exemption from Temporary Closure –

Oneida Nation Arts Board (00:43:28)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to adopt resolution 02-10-21-E Authorizing Exemption from Temporary

Closure – Oneida Nation Arts Board, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Adopt resolution entitled Temporary Assistance to Needy Families (TANF) Grant

Application (00:44:02)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to adopt resolution 02-10-21-F Temporary Assistance to Needy Families

(TANF) Grant Application with one (1) change [delete line 29], seconded by Kirby Metoxen. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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Adopt resolution entitled Updated Oneida Business Committee 2020-2023 Term

Appointment of Liaison Responsibilities for Organization (00:44:55); (00:47:10)

Sponsor: Marie Summers, Councilwoman

Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Item VI.A.1. was addressed next.

Motion by Lisa Liggins to adopt resolution 02-10-21-G Updated Oneida Business Committee 20202023 Term Appointment of Liaison Responsibilities for Organization, seconded by Jennifer Webster.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Item IX.A.1. was addressed next.

VI.

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the January 20, 2021, regular Legislative Operating Committee meeting

minutes (00:46:10)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the January 20, 2021, regular Legislative Operating Committee

meeting minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

VII.

NEW BUSINESS

Post four (4) vacancies - Oneida Nation Arts Board (00:46:45)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to post four (4) vacancies - Oneida Nation Arts Board, seconded by David P.

Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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VIII.

GENERAL TRIBAL COUNCIL

Enter the e-poll results into the record regarding the approved January 2021

Annual Report mailing per BC resolution # 12-09-20-C (00:47:08)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Summers to enter the e-poll results into the record regarding the approved January

2021 Annual Report mailing per BC resolution # 12-09-20-C, seconded by David P. Jordan. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

IX.

EXECUTIVE SESSION (00:47:43)

Motion by David P. Jordan to go into executive session at 9:29 a.m., seconded by Marie Summers.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Motion by Lisa Liggins to come out of executive session at 11:57 a.m., seconded by David P. Jordan.

Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Item V.G. was re-addressed next.

REPORTS

Accept the Gaming General Manager FY-2021 1st quarter report (00:47:50)

Sponsor: Louise Cornelius, Gaming General Manager

Motion by Lisa Liggins to accept the Gaming General Manager FY-2021 1st quarter report, seconded

by Brandon Stevens. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Human Resource Area Manager FY-2021 1st quarter report

(00:48:00)

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Motion by Lisa Liggins to accept the Human Resource Area Manager FY-2021 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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Accept the Oneida Retail General Manager FY-2021 1st quarter report (00:48:15)

Sponsor: Eric McLester, Retail General Manager

Motion by Lisa Liggins to accept the Oneida Retail General Manager FY-2021 1st quarter report,

seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Emergency Management Director FY-2021 1st quarter report

(00:48:30)

Sponsor: Kaylynn Gresham, Director/Emergency Management

Motion by Lisa Liggins to accept the Emergency Management Director FY-2021 1st quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Defer the Joint Marketing FY-2021 1st quarter report (00:48:45)

Sponsor: Eric McLester, Retail General Manager

Motion by Lisa Liggins to defer the Joint Marketing FY-2021 1st quarter report to the February 24,

2021, regular Business Committee meeting, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the General Manager report (00:49:00)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Liggins to accept the General Manager report, seconded by Brandon Stevens. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Motion by Lisa Liggins to deny the request to reimburse lost personal/vacation time accruals for

Comprehensive Health employees, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers

Opposed:

Jennifer Webster

Approve the Chief Counsel report (00:49:26)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to accept the Chief Counsel report, seconded by Jennifer Webster. Motion

carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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AUDIT COMMITTEE

Accept the November 23, 2020, regular Audit Committee meeting minutes

(00:49:47)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the November 23, 2020, regular Audit Committee meeting minutes,

seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Card Games and Poker compliance audit and lift the confidentiality

requirement (00:50:00)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Card Games and Poker compliance audit and lift the

confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Elementary School performance assurance audit and lift the

confidentiality requirement (00:50:15)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Elementary School performance assurance audit and lift the

confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Information Technology compliance audit and lift the confidentiality

requirement (00:50:28)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Information Technology compliance audit and lift the

confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Oneida Airport Hotel Corporation (OAHC) performance assurance

audit and lift the confidentiality requirement (00:50:42)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Oneida Airport Hotel Corporation (OAHC) performance assurance

audit and lift the confidentiality requirement, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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Accept the Roulette Rules of Play compliance audit and lift the confidentiality

requirement (00:51:00)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Roulette Rules of Play compliance audit and lift the confidentiality

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

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Slots compliance audit and lift the confidentiality requirement

(00:51:15)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Slots compliance audit and lift the confidentiality requirement,

seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Accept the Surveillance compliance audit and lift the confidentiality

requirement (00:51:28)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to accept the Surveillance compliance audit and lift the confidentiality

requirement, seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

NEW BUSINESS

Accept the Bay Bank January 2021 Presidents Report (00:51:43)

Sponsor: Marie Summers, Councilwoman

Motion by Lisa Liggins to accept the Bay Bank January 2021 Presidents Report as information,

seconded by Jennifer Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Review the posting request and determine next steps - Oneida Police

Department (00:51:59)

Sponsor: Sandra Reveles, Chairwoman/Oneida Police Commission

Motion by Lisa Liggins to approve the posting request from the Oneida Police Department for two (2)

Police Officers, seconded by David P. Jordan. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

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DRAFT

Review the Business Compliance Analyst job description and determine next

steps (00:52:15)

Sponsor: Jessica Vandekamp, Employee Relations Representative

Motion by Lisa Liggins to defer the Business Compliance Analyst job description to the February 16,

2021, BC Work Session, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Enter e-poll results into the record regarding the approved OGE Agent closeout

report and the OGE Agent resignation dated January 15, 2021 (00:52:25)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved OGE Agent

closeout report and the OGE Agent resignation dated January 15, 2021, seconded by Jennifer

Webster. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Enter the e-poll results into the record regarding the approved the OGE Agent

agreement and appoint James Petitjean as OGE Agent (00:52:35)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved the OGE Agent

agreement and appoint James Petitjean as OGE Agent, seconded by Marie Summers. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

ADJOURN (00:52:45)

Motion by David P. Jordan to adjourn at 12:02 p.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Marie Summers, Jennifer Webster

Minutes prepared by Chad Wilson, Senior Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 9

February 10, 2021

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Adopt resolution entitled Additional Emergency Amendments to the Oneida Higher Education Pandemic...

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Public Packet

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

February 24, 2021

Additional Emergency Amendments to the Oneida Higher Education Pandemic

Relief Fund Law

Please find the following attached backup documentation for your consideration of the emergency

amendments to the Oneida Higher Education Pandemic Relief Fund law:

1. Resolution: Additional Emergency Amendments to the Oneida Higher Education

Pandemic Relief Fund Law

2. Statement of Effect: Additional Emergency Amendments to the Oneida Higher Education

Pandemic Relief Fund Law

3. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments Legislative

Analysis

4. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Redline)

5. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Clean)

Overview

The Oneida Higher Education Pandemic Relief Fund law (the “Law”) was adopted by the Oneida

Business Committee on an emergency basis through resolution BC-08-12-20-E to create the

Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members enrolled as

students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.1-1]. The Oneida

Higher Education Pandemic Relief Fund law was then amended by the Oneida Business

Committee on an emergency basis through the adoption of resolution BC-08-24-20-A. The

emergency amendments to the Law will expire on February 25, 2021.

When discussing the potential six (6) month extension of the emergency amendments to this Law

the Legislative Operating Committee determined it was necessary to seek additional emergency

amendments to the Law to make revisions which will allow the Oneida Higher Education

Pandemic Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief,

and Economic Security (CARES) Act Coronavirus Relief Funds are received by the Nation. The

emergency amendments to the Law will:

 Remove references to the 2020 Fall Term [10 O.C. 1003.1-1]; and

 Eliminate references to the December 15, 2020 deadline to provide proof of expenditures

and instead provide that proof of expenditures or expenses must be provided by the

appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund

standard operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].

Page 1 of 2

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In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with

the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a

“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public

Health State of Emergency for the Nation until April 12, 2020, and provided the necessary

authority should action need to be taken and allowed the Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This

declaration of a Public Health State of Emergency has since been extended by the Oneida Business

Committee until March 13, 2021, through the adoption of resolutions BC-03-28-20-A, BC-05-0620-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A.

The Oneida Business Committee is delegated the authority to temporarily enact emergency

legislation when legislation is necessary for the immediate preservation of the public health, safety,

or general welfare of the Reservation population, and the amendment of the legislation is required

sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal

impact statement and public meeting are not required for emergency amendments to a law of the

Nation. [1 O.C. 109.9-5(a)].

The adoption of emergency amendments to this Law is necessary for the preservation of the

general welfare of the Reservation population. The Oneida Higher Education Pandemic Relief

Fund was created to assist eligible Tribal members enrolled as students in higher education

institutions with funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act

Coronavirus Relief Funds (CRF) in order to meet the higher education needs of its students during

the COVID-19 Public Health Emergency. The emergency amendments to the Law are necessary

to allow the Oneida Higher Education Pandemic Relief Fund to continue to be utilized in the event

additional CRF are received by the Nation. The proposed emergency amendments to the Law

remove references to the 2020 Fall Term and eliminate the December 15, 2020, deadline for

providing proof of expenditures, instead providing that proof of expenditures shall be provided by

the appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund

standard operating procedure in an effort to provide more flexibility if funding for the Fund

becomes available again.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of the amendments to this Law would be contrary to public interest. The Nation is

currently experiencing the vast effects of the COVID-19 pandemic, and the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law

can be amended to best assist members of the Nation during this COVID-19 pandemic.

The emergency amendments to this Law will become effective immediately upon adoption by the

Oneida Business Committee and will remain in effect for six (6) months. There will be one (1)

opportunity to extend the emergency amendments to this Law for an additional six (6) month

period. [1 O.C. 109.9-5(b)].

Requested Action

Approve the Resolution: Additional Emergency Amendments to the Oneida Higher Education

Pandemic Relief Fund Law

Page 2 of 2

Public Packet

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Additional Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Oneida Business Committee adopted the Oneida Higher Education Pandemic Relief

Fund law (“the Law’) on an emergency basis through the adoption of resolution BC-08-1220-E, and then amended the Law on an emergency basis through the adoption of

resolution BC-08-25-20-A; and

WHEREAS,

the purpose of the Law is to create the Oneida Higher Education Pandemic Relief Fund to

assist eligible Tribal members enrolled as students in higher education institutions with

funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus

Relief Funds (CRF) in order to meet the higher education needs of its students during the

COVID-19 Public Health Emergency; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, and set into place the necessary authority for action to be

taken and allows the Nation to seek reimbursement of emergency management actions

that may result in unexpected expenses; and

WHEREAS,

the Nation’s Public Health State of Emergency has since been extended by the Oneida

Business Committee until March 13, 2021, through the adoption of resolutions BC-03-2820-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A,

BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A;

and

WHEREAS,

emergency amendments to the Law are being proposed to allow the Oneida Higher

Education Pandemic Relief Fund to continue to be utilized in the event additional CARES

CRF are received by the Nation; and

WHEREAS,

the emergency amendments to the Law remove any reference to the 2020 Fall Term; and

WHEREAS,

the emergency amendments to the Law eliminate references to the December 15, 2020

deadline to provide proof of expenditures and instead provide that proof of expenditures or

expenses must be provided by the appropriate deadline provided for in the Oneida Higher

Education Pandemic Relief Fund standard operating procedure; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to amend

legislation on an emergency basis when the legislation is necessary for the immediate

Public Packet

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BC Resolution _____________

Additional Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

Page 2 of 2

preservation of the public health, safety, or general welfare of the Reservation population,

and the amendment of the legislation is required sooner than would be possible under the

Legislative Procedures Act; and

WHEREAS,

the emergency amendments to this Law are necessary for the preservation of the general

welfare of the Reservation population as the emergency amendments ensure that the

Oneida Higher Education Pandemic Relief Fund may be utilized if additional CARES CRF

are received by the Nation by providing more flexibility for the deadline for when proof of

expenditures and expenses shall be submitted by the student; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of the

amendments to this Law would be contrary to public interest since the Nation is currently

experiencing the vast effects of the COVID-19 pandemic, and the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that

the Law can be amended to best assist members of the Nation during this COVID-19

pandemic; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering the adoption of emergency amendments; and

WHEREAS,

the emergency amendments are effective for a period of six (6) months, renewable by the

Oneida Business Committee for an additional six (6) month term; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency

amendments to the Oneida Higher Education Pandemic Relief Fund law effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Additional Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law

Summary

This resolution adopts additional emergency amendments to the Oneida Higher Education

Pandemic Relief Fund law to make revisions which will allow the Oneida Higher Education

Pandemic Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief,

and Economic Security (CARES) Act Coronavirus Relief Funds are received by the Nation.

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

Date: February 11, 2021

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Oneida Higher Education Pandemic Relief

Fund law (“the Law”). The purpose of the Law is to create the Oneida Higher Education Pandemic

Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions.

[10 O.C. 1003.1-1]. Emergency amendments to the Law are being sought to make revisions which

will allow the Oneida Higher Education Pandemic Relief Fund to continue to be utilized in the

event additional Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus

Relief Funds are received by the Nation. The emergency amendments to the Oneida Higher

Education Pandemic Relief Fund law shall:

 Remove references to the 2020 Fall Term [10 O.C. 1003.1-1]; and

 Eliminate references to the December 15, 2020 deadline to provide proof of expenditures

and instead provide that proof of expenditures or expenses must be provided by the

appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund

standard operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].

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

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The LPA allows the Oneida Business Committee to take emergency action to adopt

amendments to a law of the Nation where it is necessary for the immediate preservation of the

public health, safety or general welfare of the Reservation population and when amendment of

legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. A public

meeting and fiscal impact statement are not required for emergency legislation. [1 O.C. 109.8-1(b)

and 109.9-5(a)].

In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with

the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a

“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public

Health State of Emergency for the Nation until April 12, 2020, and provided the necessary

authority should action need to be taken and allowed the Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This

Page 1 of 2

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declaration of a Public Health State of Emergency has since been extended by the Oneida Business

On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management and Homeland Security law to create and delegate authority to a COVID19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. When a public health

emergency has been declared, the COVID-19 Team has the authority to declare exceptions to the

Nation’s laws, policies, procedures, regulations, or standard operating procedures during the

emergency period which will be of immediate impact for the purposes of protecting the health,

safety, and general welfare of the Nation’s community, members, and employees. [3 O.C. 302.102]. These declarations remain in effect for the duration of the Public Health State of Emergency.

[3 O.C. 302.10-3].

The resolution provides that the adoption of emergency amendments to this Law is necessary for

the preservation of the general welfare of the Reservation population. The Oneida Higher

Education Pandemic Relief Fund was created to assist eligible Tribal members enrolled as students

in higher education institutions with funding from the Coronavirus Aid, Relief, and Economic

Security (CARES) Act Coronavirus Relief Funds (CRF) in order to meet the higher education

needs of its students during the COVID-19 Public Health Emergency. The emergency amendments

to the Law are necessary to allow the Oneida Higher Education Pandemic Relief Fund to continue

to be utilized in the event additional CRF are received by the Nation. The proposed emergency

amendments to the Law remove references to the 2020 Fall Term and eliminate the December 15,

2020, deadline for providing proof of expenditures, instead providing that proof of expenditures

shall be provided by the appropriate deadline provided for in the Oneida Higher Education

Pandemic Relief Fund standard operating procedure in an effort to provide more flexibility if

funding for the Fund becomes available again.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of the amendments to this Law would be contrary to public interest. The Nation is

currently experiencing the vast effects of the COVID-19 pandemic, and the process and

requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law

can be amended to best assist members of the Nation during this COVID-19 pandemic.

The emergency amendments to this Law will become effective immediately upon adoption by the

Oneida Business Committee and remain in effect for six (6) months. The LPA allows for one (1)

opportunity to extend the emergency amendments to this Law for an additional six (6) month

period. [1 O.C. 109.9-5(b)].

Conclusion

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

Page 2 of 2

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Analysis to Emergency Draft 1

2020 02 24

EMERGENCY AMENDMENTS TO THE

ONEIDA HIGHER EDUCATION

PANDEMIC RELIEF FUND LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

 Remove references to the 2020 Fall Term [10 O.C. 1003.1-1].

Proposed Amendments

 Eliminate references to the December 15, 2020 deadline to provide proof

of expenditures and instead provide that proof of expenditures or

expenses must be provided by the appropriate deadline provided for in

the Oneida Higher Education Pandemic Relief Fund standard operating

procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].

Purpose

Create the Oneida Higher Education Pandemic Relief Fund to assist eligible

Tribal members enrolled as students in higher education institutions. [10 O.C.

1003.1-1].

Affected Entities

Oneida Business Committee, Oneida Higher Education Department, Oneida

Accounting Department, Oneida Economic Services

Public Meeting

A public meeting is not required for emergency amendments [1 O.C. 109.81(b) and 109.9-5(a)].

Fiscal Impact

A fiscal impact statement is not required for emergency amendments [1

O.C. 109.9-5(a)].

Expiration of Emergency Emergency amendments expire six (6) months after adoption and may be

Amendments

renewed for an additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Higher Education Pandemic Relief Fund law (“the Law”) was adopted by

the Oneida Business Committee on an emergency basis through resolution BC-08-12-20-E for the

purpose of creating the Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal

members enrolled as students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.11]. The Oneida Business Committee then adopted emergency amendments to the Law through

resolution BC-08-25-20-A for the purpose of clarifying the intent of the Law and ensuring proper

effectuation of the Law. The emergency amendments to the Law will expire on February 25, 2021.

B. Request for Emergency Amendments. Originally, the Legislative Operating Committee planned to

seek a six (6) month extension of the emergency amendments to the Law which occurred through

resolution BC-08-25-20-A. The Legislative Operating Committee is now seeking emergency

amendments to the Law to make revisions which will allow the Oneida Higher Education Pandemic

Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief, and Economic

Security (CARES) Act Coronavirus Relief Funds are received by the Nation.

C. COVID-19 Pandemic. The world is currently facing a pandemic of the coronavirus disease 2019

(COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other

countries throughout the world, including the United States. The COVID-19 pandemic has resulted in

high rates of infection and mortality, as well as vast economic impacts including effects on the stock

market and the closing of all non-essential businesses.

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Analysis to Emergency Draft 1

2020 02 24

Declaration of a Public Health State of Emergency.

 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” regarding COVID-19 which declared the Public Health State of Emergency

for the Nation until April 12, 2020, and set into place the necessary authority should action

need to be taken and allowed the Nation to seek reimbursement of emergency management

actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until March 13, 2021, by

the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, and BC-02-10-21-A.

COVID-19 Core Decision Making Team.

 On March 17, 2020, the Oneida Business Committee adopted emergency amendments to

the Emergency Management and Homeland Security law to create and delegate authority

to a COVID-19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10].

 When a public health emergency has been declared, the COVID-19 Team has the

authority to declare exceptions to the Nation’s laws, policies, procedures,

regulations, or standard operating procedures during the emergency period which

will be of immediate impact for the purposes of protecting the health, safety, and

general welfare of the Nation’s community, members, and employees. [3 O.C.

302.10-2].

 These declarations remain in effect for the duration of the Public Health State of

Emergency. [3 O.C. 302.10-3].

COVID-19 Core Decision Making Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions of the “Safer at Home Declaration,

Amendment, Open for Business” while still providing guidance and some restrictions. This

declaration prohibits all public and private gatherings of more than twenty (20) people that

are not part of a single household or living unit.

 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

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

On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

emergency amendments to this Law and legislative analysis:

 Oneida Law Office;

 Finance Department;

 Strategic Planner;

 Budget Analyst; and

 Governmental Services Division.

B. The following laws were reviewed in the drafting of this analysis:

 Oneida General Welfare Law;

 Trust Scholarship Fund Policy; and

 Legislative Procedures Act.

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SECTION 4. PROCESS

A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact emergency legislation where legislation is necessary for the immediate preservation

of public health, safety, or general welfare of the Reservation population and the enactment or

amendment of the legislation is required sooner than would be possible under the Legislative

Procedures Act. [1 O.C. 109.9-5].

 Emergency amendments to this Law are being pursued for the preservation of the general welfare

of the Reservation population. The Oneida Higher Education Pandemic Relief Fund was created to

assist eligible Tribal members enrolled as students in higher education institutions with funding

from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus Relief Funds

(CRF) in order to meet the higher education needs of its students during the COVID-19 Public

Health Emergency. The emergency amendments to the Law are necessary to allow the Oneida

Higher Education Pandemic Relief Fund to continue to be utilized in the event additional CRF are

received by the Nation. The proposed emergency amendments to the Law remove references to the

2020 Fall Term and eliminate the December 15, 2020, deadline for providing proof of expenditures,

instead providing that proof of expenditures shall be provided by the appropriate deadline provided

for in the Oneida Higher Education Pandemic Relief Fund standard operating procedure in an effort

to provide more flexibility if funding for the Fund becomes available again.

 Observance of the requirements under the Legislative Procedures Act for the adoption of the

emergency amendments to this Law would be contrary to public interest. The Nation is currently

experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the

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Legislative Procedures Act cannot be completed in time to ensure that the Law can be amended to

best assist members of the Nation during this COVID-19 pandemic.

B. Emergency amendments typically expires six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering the adoption of emergency amendments. [1 O.C. 109.9-5(a)]. However, a public meeting

and fiscal impact statement will eventually be required when considering permanent adoption of the

emergency amendments to this Law.

D. The following work meetings were held regarding the development of the emergency amendments to

this Law:

 January 14, 2021: LOC work meeting with the Oneida Law Office, Finance Department, Strategic

Planner, Budget Analyst, and Governmental Services Division.

 January 28, 2021: LOC work meeting.

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SECTION 5. CONTENTS OF THE LEGISLATION

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A. Removal of Reference to 2020 Fall Term. The proposed emergency amendments to the Law remove

the reference to the 2020 Fall Term from the purpose statement which provides that the purpose of this

Law is to create the Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members

enrolled as students in higher education institutions. [10 O.C. 1003.1-1].

 Effect. The reference to the 2020 Fall Term was removed from the Law because the 2020 Fall

Term has already concluded and if additional CARES Act Coronavirus Relief Funds (CRF) are

made available and allocated to the Oneida Higher Education Pandemic Relief Fund then those

monies would be used to provide assistance for a different term.

B. Guidelines and Requirements. The emergency amendments to the Law provide that students shall be

responsible for maintaining and submitting receipts or other proof of expenditures or expenses by the

appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund standard

operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)]. Previously, the Law required that proof of

expenditures or receipts be submitted by December 15, 2020. Id.

 Effect. The emergency amendments to the Law allow proof of expenses to be submitted by the

student by the appropriate deadline provided for in the Oneida Higher Education Pandemic Relief

Fund standard operating procedure, instead of the December 15, 2020, deadline previously

provided by the Law. This is a necessary revision due to the fact that December 15, 2020, deadline

has already passed. Therefore, if additional CARES Act Coronavirus Relief Funds (CRF) are made

available and allocated to the Oneida Higher Education Pandemic Relief Fund then an appropriate

deadline would need to be determined and provided for in the Oneida Higher Education Pandemic

Relief Fund standard operating procedure.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to this Law:

 Oneida General Welfare Law. The Oneida General Welfare law was adopted by the Oneida

Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose

of providing assistance, on a non-taxable basis, to eligible Tribal members through approved

programs that promote the general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. The

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

Oneida Business Committee then adopted emergency amendments to the Oneida General

Welfare law through resolution BC-02-10-21-B to better address how the Oneida Business

Committee may adopt an approved program under the law. The Oneida General Welfare law

sets a framework and provides guidelines for the Nation to establish and operate approved

programs which provide assistance to eligible Tribal members to promote the general welfare

of the Nation, including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship,

and employment. [10 O.C. 1001.9-2].

 The Oneida General Welfare law sets forth the framework and guidelines for the

Oneida Higher Education Pandemic Relief Fund to be created and operated under.

 Adoption of the emergency amendments to this Law conform with the requirements of

the Oneida General Welfare law.

Trust Scholarship Fund Policy. The Trust Scholarship Fund Policy was adopted by the Oneida

Business Committee for the purpose of establishing a trust resource for providing financial aid

scholarships to assist eligible enrolled Oneida Tribal members in securing higher educational

opportunities based on established criteria. [9 O.C. 901.1-1].

 This Law provides that the Oneida Higher Education Pandemic Relief Fund is a unique

program not associated with the Oneida Trust Scholarship Fund and this Law does not

amend or override the Trust Scholarship Fund Policy. [10 O.C. 1003.1-5].

Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council for the purpose of providing a standard process for the adoption of laws of the Nation

which includes taking into account comments from members of the Nation and input from

agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

amendments when the legislation is necessary for the immediate preservation of the

public health, safety, or general welfare of the Reservation population and the

enactment or amendment of legislation is required sooner than would be possible under

this law. [1 O.C. 109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida

Business Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency amendments are required to have a legislative

analysis completed and attached prior to being sent to the Oneida Business

Committee for consideration. [1 O.C. 109.9-5(a)].

a. A legislative analysis is a plain language analysis describing the

important features of the legislation being considered and factual

information to enable the Legislative Operating Committee to make

informed decisions regarding legislation. A legislative analysis

includes a statement of the legislation’s terms and substance; intent of

the legislation; a description of the subject(s) involved, including any

conflicts with Oneida or other law, key issues, potential impacts of the

legislation and policy considerations. [1 O.C. 109.3-1(g)].

 Emergency amendments do not require a fiscal impact statement to be

completed or a public comment period to be held. [1 O.C. 109.9-5(a)].

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Upon the determination that an emergency exists, the Oneida Business

Committee can adopt emergency amendments. The emergency amendments

become effective immediately upon its approval by the Oneida Business

Committee. [1 O.C. 109.9-5(b)].

 Emergency amendments remains in effect for a period of up to six (6) months,

with an opportunity for a one-time emergency law extension of up to six (6)

months. [1 O.C. 109.9-5(b)].

 Adoption of the emergency amendments to this Law would conform with the

requirements of the Legislative Procedures Act.



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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire

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six (6) months after adoption. The emergency amendments may be renewed for an additional six (6)

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month period.

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 Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of the emergency amendments to this Law on a permanent basis within the next six (6) to

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twelve (12) months.

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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

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 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [1 O.C. 109.6-1].

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1003.1. Purpose and Policy

1003.2. Adoption, Amendment, Repeal

1003.3. Definitions

1003.4. Guidelines and Requirements

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Title 10. General Welfare Exclusion - Chapter 1003

ONEIDA HIGHER EDUCATION PANDEMIC RELIEF FUND

1003.5. Presumption of Need; General Test for General Welfare

Exclusion

1003.6. Budget

1003.1. Purpose and Policy

1003.1-1. Purpose. The purpose of this law is to create the Oneida Higher Education Pandemic

Relief Fund to assist eligible Tribal members enrolled as students in higher education institutions

for the 2020 Fall Term.

1003.1-2. The Oneida Higher Education Pandemic Relief Fund shall assist students to meet the

needs created by the Public Health Emergency which caused grants, scholarships, and loans to be

forsaken by the granting institutions or banks during the novel coronavirus pandemic, and personal

and family funds redirected to other needs during the ongoing Public Health Emergency, including

medical expenses and losses due to unemployment within the family.

1003.1-3. Policy. It is the policy of the Nation to prioritize the education of its members young

and old. The Nation provides a path and a platform for its Tribal members to excel in their

education from Head Start through college and post-graduate studies. The Nation’s future business

and government leaders, caregivers, nourishers, managers, thought leaders, and teachers shall be

better prepared to lead and navigate the local challenges in a global economy when they participate

in the academics and accreditation that permits access to areas our Nation requires to remain viable

and vital over the next seven generations.

1003.1-4. The Oneida Higher Education Pandemic Relief Fund shall be funded only through

monies allocated to the Nation pursuant to the Coronavirus Aid, Relief, and Economic Security

(CARES) Act Coronavirus Relief Funds (CRF), codified at Section 601(d) of the Social Security

Act, for the purpose of addressing their higher education needs created by the Public Health

Emergency in the wake of the COVID-19 pandemic.

1003.1-5. The Oneida Higher Education Pandemic Relief Fund is a unique program not associated

with the Oneida Trust Scholarship Fund and this law does not amend or override the Trust

Scholarship Fund Policy at 9 O.C. 901 et seq.

1003.1-6. The Oneida Business Committee intends the Oneida Higher Education Pandemic Relief

Fund to adhere to the mandates of the Oneida General Welfare law, 10 O.C. 1001, the Tribal

General Welfare Exclusion Act codified at 26 U.S.C. §139E, I.R.S Rev. Proc. 2014-35, the general

criterial defined therein at 5.01(1), and the Safe Harbor – Education Programs listed and defined

therein at 5.01(2)(b), and CRF.

1003.2. Adoption, Amendment, Repeal

1003.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-08-12-20-E, and emergency amended by resolutions BC-08-25-20-A. and BC-____-__-__.

1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1003.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1003.2-4. In the event of a conflict between a provision of this law and a provision of another law,

10 O.C. 1003 – Page 1

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the provisions of this law shall control.

1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1003.3. Definitions

1003.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Accredited” means qualified and approved by a United States Department of

Education recognized accrediting body, state-approved accrediting body, or recognized

through a professional affiliation.

(b) “Benefits” means any approved program assistance, including payments, which is

provided pursuant to this law.

programs, or any items required by the higher education institution, professor, or teacher

of the course in which the student is enrolled.

(d) “General Test” means the criteria used to determine if any assistance or benefits

provided through an approved program to a recipient shall be treated as a General Welfare

Exclusion. The criteria of the General Test include the following:

(1) Paid on behalf of the Nation;

(2) Pursuant to an approved program;

(3) Does not discriminate in favor of members of the governing body of the Nation;

(4) Are available to any Tribal member who meets the guidelines of the approved

program;

(5) Are for the promotion of general welfare;

(6) Are not lavish or extravagant;

(7) Are not compensation for services; and

(8) Are not per capita payments.

(e) "Higher education institution" means an accredited university, college, vocational

college, community college, liberal arts college, postgraduate school, institute of

technology or other collegiate level institution.

(f) “Higher Education Pandemic Relief Counselor” means the person hired and assigned

by the Oneida Higher Education Division to assist Oneida Economic Support Services in

the review and processing of the Oneida Higher Education Pandemic Relief Fund.

(g) “Nation” means the Oneida Nation.

(h) “Public Health Emergency” means the economic, governmental, and medical crises

caused by COVID-19 and the novel coronavirus pandemic.

(i) “Room and board” means on or off campus housing, transportation, and food

requirements adjusted to meet the unique lodging and food provision requirements or

governmental mandates during the Public Health Emergency.

(j) “Student” means a Tribal member, age eighteen (18) and older, enrolled in a higher

education institution during the operative period of this law.

(k) “Technology requirements” means computers, internet access fees, VPN subscriptions,

computer-based or cloud-based subscriptions required to function within a contemporary

academic setting such as Office 365, Adobe-based programs, other required licenses, and

electric or telecommunications costs.

(l) “Tuition” means the price or payment for instruction at a higher education institution.

(m) "Tribal member" means an individual who is an enrolled member of the Nation.

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1003.4. Guidelines and Requirements

1003.4-1. The Oneida Higher Education Pandemic Relief Fund is established to meet the higher

education needs of its students during the COVID-19 Public Health Emergency.

1003.4-2. The Oneida Higher Education Pandemic Relief Fund shall provide students:

(a) Up to twenty thousand dollars ($20,000) towards tuition, room and board, technology

requirements, and classroom requirements assistance.

(b) Tuition shall be paid directly to the higher education institution upon submission of an

invoice for tuition created by the higher education institution.

the student, whom shall be responsible for maintaining and submitting receipts or other

proof of expenditures by December 15, 2020the appropriate deadline provided for in the

Oneida Higher Education Pandemic Relief Fund standard operating procedure.

(d) All funds shall be requested pursuant to the Oneida Higher Education Pandemic Relief

Fund standard operating procedure.

(e) Laptop computers may be supplied to the student upon a written request by the student

to the Nation’s Higher Education Pandemic Relief Counselor and in accordance with the

Nation’s interpretation of CRF and any applicable standard operating procedure.

1003.4-3. Oneida Higher Education Department shall oversee distribution of the Oneida Higher

Education Pandemic Relief Fund in accordance with this law, CRF, and the Nation’s interpretation

thereof. The Oneida Higher Education Department shall hire the Higher Education Pandemic

Relief Counselor whom shall be assigned to work in the office of Oneida Economic Support

Services. Oneida Higher Education shall be responsible for the maintenance of records along with

the Oneida Accounting Department.

1003.4-4. Maintenance of Records.

(a) Nation. The Nation requires students to submit tuition invoices, leases, room and board

expenses, and any other proof of expenses or receipts to substantiate the request for

payments from the Oneida Higher Education Pandemic Relief Fund by December 15,

2020.appropriate deadline provided for in the Oneida Higher Education Pandemic Relief

Fund standard operating procedure. The Nation shall maintain these records for the

required period of time by the CARES Act, CRF, and Internal Revenue Service mandates.

(b) Student. The student shall maintain accurate records of the above listed items for

review by the Internal Revenue Service upon request.

1003.5. Presumption of Need; General Test for General Welfare Exclusion

1003.5-1. I.R.S. Rev. Proc. 2014-35, section 5.02(2)(B) lists education programs that assist tribal

members with tuition, housing, room and board, technology requirements and laptop computers

as a Safe Harbor program for which need is presumed.

1003.5-2. The Oneida Higher Education Pandemic Relief Fund meets the requirements of the

General Test as defined in the Oneida General Welfare law, 10 O.C. 1001; General Criteria as

defined in I.R.S. Rev. Proc. 2014-35, section 5.01(1); and the requirements of the Tribal General

Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b).

(a) The benefits are provided to the students pursuant to this law, as approved by the

Oneida Business Committee, and in accordance with Oneida General Welfare law.

(b) The Oneida Higher Education Pandemic Relief Fund has guidelines specifying how

Students qualify for the benefit in section 1003.4 of this law.

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(d) The distribution of benefits does not discriminate in favor of members of the governing

body of the Nation, are not compensation, and are not lavish or extravagant under the facts

and circumstances of the Public Health Emergency.

1003.6. Budget

1003.6-1. The Nation shall allocate funds to the Oneida Higher Education Pandemic Relief Fund

only from monies it received pursuant to the CRF. This program is dependent on availability of

funding from the CRF.

End.

Emergency Adopted - BC-08-12-20-E

Emergency Amended – BC-08-25-20-A

Emergency Amended – BC-__-__-__-__

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1003.1. Purpose and Policy

1003.2. Adoption, Amendment, Repeal

1003.3. Definitions

1003.4. Guidelines and Requirements

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